2002.11.12 PC Meeting PacketCRYSTAL PLANNING COMMISSION AGENDA SUMMARY
November 12, 2002
7:00 p.m.
Crystal City Hall — Council Chambers
4141 Douglas Dr N
A. CALL TO ORDER
B. APPROVAL OF MINUTES
• October 14, 2002 meeting
C. PUBLIC HEARINGS
1. Application 2002-23: Lot Division to detach a 30' strip from an industrial
property at 7301 32nd Avenue North and add it to Valley Place Estates at
7225-7289 32nd Avenue North for landscaping purposes.
D. OLD BUSINESS
E. NEW BUSINESS
1. Discuss preliminary draft of the new Zoning Ordinance including
opportunities for public input and tentative schedule for consideration by
the Planning Commission and City Council.
2. Bylaw changes necessary for compliance with Ordinance 2002-08.
F. GENERAL INFORMATION
1. City Council actions on Planning Commission items
G. OPEN FORUM
H. ADJOURNMENT
CRYSTAL PLANNING COMMISSION
OCTOBER 14, 2002
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: K. Graham, T. Graham, Kamp, Krueger, Magnuson, Nystrom, Sears, Strand,
and VonRueden. Also present were the following: Planner Sutter and Community Development
Assistant Dietsche.
B. APPROVAL OF MINUTES
Moved by Commissioner Krueger and seconded by Commissioner Nystrom to approve the
minutes of the September 9, 2002 meeting with no exceptions.
C. PUBLIC HEARINGS
1. Consider Application 2002-21 for a variance to increase the maximum 30 % rear
yard structure coverage to allow installation of additional pavement at 3513 Kyle
Ave N.
Planner Sutter summarized the staff report and stated that staff recommended approval
for the variance based on the suggested findings of fact stated in section "c" of the staff
report. He also stated that the applicant had amended their request to allow up to 50%
coverage instead of the originally requested 45%. Staff has no objection to 50%
coverage in this case.
Several of the commissioners questioned whether the subject property was representative
of the configuration of other lots in this area and were concerned how the variance may
impact surrounding properties.
Planner Sutter responded by stating that a majority of the lots in this area are only 40 feet
wide, as in the case of the subject property. In fact, the subject property may not even be
as crowded as some of the surrounding lots. He added that what the applicant is
requesting is not unusual or out of line compared to other properties in the neighborhood.
=> Moved by Commissioner Nystrom and seconded by Commissioner Von Rueden
to close the public hearing.
Motion carried.
Commissioner Krueger questioned whether a precedence is being set for this area by
granting variances concerning rear yard structure coverage. Planner Sutter replied yes,
Page 2 of 4
but that each property will have to be examined individually because certain lots may
have certain building configurations that justify more structure coverage.
=> Moved by Commissioner Nystrom and seconded by Commissioner Kamp to
recommend to the City Council to approve a request for a variance to increase the
maximum rear yard structure coverage to 50% as proposed in Application 2002-
21. Findings of fact are as stated in the staff report.
Motion carried.
2. Consider Application 2002-22 for a variance to reduce the minimum front yard
setback to allow an addition to a single-family house at 651158 1h Ave N.
Planner Sutter summarized the staff report and stated that staff recommended denial to
reduce the minimum front yard setback to allow an addition, based on the suggested
findings of fact stated in section "c" of the staff report.
Several of the commissioners were confused whether or not a building permit was
actually issued for the addition of the window. Planner Sutter explained that building
permits are issued based on the information provided by the applicant but subject to the
conditions indicated on the drawing by the Building Inspector. These conditions
included ensuring that the window did not encroach into the 30 -foot setback if the floor
,—� area of the house was increased by the addition.
Thomas Bergen, 6511 58th Ave N, stated that his intent was to build the addition
according to the plans submitted for a "bay window". He stated he thought he was
following all of the correct procedures. Upon what he thought was the Building
Inspector's direction, he went ahead and poured the footings and finished the project
while waiting for the final inspection. He stated he was told by the Building Inspector
how to proceed with the project and thought that he was abiding by all of the ordinances.
Several of the commissioners were concerned that this may have been a case of
miscommunication. Mr. Bergen replied that the footings were discussed and that the
Building Inspector was aware that the window addition would increase the floor area of
the house. However, Mr. Bergen said that he was instructed to mark the property line
before beginning the project to make sure the window did not encroach into the 30 -foot
setback, which he admitted that he did not do until after the project was completed.
The Planning Commission was in agreement that the addition was very appealing and
would not have any negative impact to surrounding homes. The commission suggested
updating the ordinance to allow the addition of windows such as this into the front yard
setback.
Gary Hawkes, 5170 West Broadway, stated the definition of a bay window includes
,,.N increasing the floor area of the home. He stated he could understand how both the
homeowner and the Building Inspector could be easily confused. Planner Sutter agreed
that some individuals may interpret the term "bay window" differently, but the city
ordinance is very clear in definition.
wo
Page 3 of 4
Tom Kuchinski, 6503 58th Ave N, stated that in his opinion, the applicant tried very hard
to follow all of the necessary steps for approval of the addition. The window is a great
addition and an improvement to the home.
Commissioner Magnuson stated that it sounds like there was definitely some
misinterpretation by both the Building Inspector and Mr. Bergen, but the Planning
Commission could see no negative impacts resulting from allowing an addition to
remain. The Planning Commission stated they would like to see the ordinance revised to
allow such improvements in the future.
Moved by Commissioner Kamp and seconded by Commissioner Strand to close
the public hearing.
Motion carried.
A motion was started by Commissioner Kamp and seconded by Commissioner T.
Graham to approve the application for a variance. Before a vote was taken, Planner
Sutter advised the Planning Commission of their option to deny the application, pending
a rewrite of the zoning ordinance to allow the bay window to remain, because findings of
fact cannot be determined at this time. Commissioners Kamp and T. Graham agreed with
Mr. Sutter's suggestion and withdrew the original motion.
=> Moved by Commissioner Kamp and seconded by Commissioner Nystrom to
recommend to the City Council to deny Application 2002-22 for a variance to
reduce the minimum front yard setback at 6511 58th Ave N. Findings of fact are
as stated in the staff report. No enforcement should take place until such time the
zoning ordinance is rewritten. If after the rewrite, the addition does not meet the
requirements set forth by the new ordinance, the applicant may apply for a
variance before any enforcement action is taken, without any additional cost. It is
the understanding of the Planning Commission that this addition will coincide
with the new zoning ordinance. Therefore, the applicant may go ahead and
complete the finish work on the project, i.e. carpet, electrical work, roof, and
siding.
Motion carried 8-1 with K. Graham, T. Graham, Kamp, Magnuson, Nystrom,
Sears, Strand, and VonRueden voting aye and Krueger voting nay.
D. OLD BUSINESS
E. NEW BUSINESS
Commissioner T. Graham questioned why the City Council voted to approve application 2002-
10*1N 17 when the Planning Commission recommended to deny the application. Planner Sutter replied
that a reasonable case could be made for either approval or denial of that particular application
and that a majority of the City Council simply had a different opinion than a majority of the
Planning Commission.
Page 4 of 4
Commissioner T. Graham suggested the officers of the Planning Commission be seated at the
center of the panel during Planning Commission meetings. The Planning Commission agreed.
F. GENERAL INFORMATION
• City Council actions on Planning Commission items
• Quarterly Development Status Report
G. OPEN FORUM
H. ADJOURNMENT
=> Moved by Commissioner Kamp and seconded by Commissioner Nystrom to adjourn.
Motion carried.
The meeting adjourned at 8:23 p.m.
M E M O R A N D U M
DATE: November 7, 2002
TO: Planning Commission (November 12th meeting)
FROM: ; . John Sutter, Planner and Redevelopment Coordinator
SUBJECT: Public Hearing: Consider Application 2002-23 for Lot Division to detach a
30' strip from an industrial property a d Avenu301 32e d Avenue North and d it to
North for landscaping
Valley Place Estates at 7225-728932
purposes.
This application pertains to an industrial facility located at 730encum and legabylll public described as
Lot 6, Robbinsdale Gardens. The east 30 (the property
easement that would have been the 32nd half of NevadaAn
adjacent 30' easement that would have
Avenue had been extended south of 32 Avenue. A 1the
been the east half of Nevada Avenue right-of-way was
townhoudse devel pme t cand durre�tly under
Valley Place Estates plat, which is a medium density
�d tached plat map and site plan). Notice of Public Hearing
construction at 7225-7289 32(see at
rty and published in the
was mailed to all property owners within 350 feet of the subject prope
Sun Post on October 31st
The owners of the subject property (the industrial building) have determined that they have no
need for the property. At the same time, the townhouse development would like to provide
additional landscaping for screening and buffering purposes between
them ndn tha d dir trial
building. The City Engineer has accepted the installation of a berm,
ation
in the 30' public easement area provided that accessis maintaind
a manneaa�cceptary t ble to then
the easement and landscaping improvements are constructed in
city. The townhouse association will accept responsibility foreC aiin d with Hennepin tenance of the dsc ping
in perpetuity through a Site Improvement Agreement to e
However, for all this to occur the underlying title to land
The lot would detach the east
be transferred from the
industrial property owner to the townhouse association.
30' of Lot 6, Robbinsdale Gardens and at that point the townhouse usremain. association would take title
to the property. The city's easement over the 30 strip would
o
Staff recommends approval of Application 2002-23 d addtiDlolsion to detach a 30' Va I y Place Estates at 7225-
728932
225—
from
an industrial property at 7301 32" Avenue North The Planning Commission is asked to
7289 32nd Avenue North for landscaping purposes.
9
request for City Council
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wold consider the recommendon. The City Council
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M E M O R A N D U M
DATE: November 8, 2002
TO:
;Ia�ning Commission (for November 12th meeting)
FROM: John Sutter, Planner and Redevelopment Coordinator
SUBJECT: Partial draft of new Zoning Ordinance / Timetable for Consideration
Staff has completed its first draft of approximately the first third of the Zoning Ordinance. This
includes the definitions and the R-1 Low Density Residential district requirements.
Staff comments on the most significant changes are located within text boxes like this. I
Our tentative schedule for discussion of the remaining parts of the ordinance is as follows.-
PLAN
ollows:
PLAN COMM MEETING TOPIC FOR DISCUSSION
November 12, 2002 Definitions; R-1 district
December 9, 2002 R-2, R-3, C-1, C-2, C-3 and 1-1 districts
January 13, 2003 Special districts (Planned Development, Floodplain, Shoreland,
Airport); Administration; Zoning map
February 10, 2003 Review complete draft ordinance and map; set public hearing date
March 10, 2003 Public Hearing
March 18, 2003 City Council — first reading
April 1, 2003 City Council — second reading
April 10, 2003 Publication
May 10, 2003 Effective date of new ordinance and map (30 days after publication)
The Planning Commission is asked to discuss the attached partial draft ordinance and the
tentative schedule for consideration of the rest of the ordinance and the new map.
CITY OF CRYSTAL ZONING ORDINANCE — Working Draft 11/08102
Revised Zoning Code
515.01 Title and Authority.
A. Title. This ordinance shall be known as the "Crystal Zoning Code" except as referred
to herein where it shall be known as "this Code".
B. Authority. This Code is enacted pursuant to the authority granted by the Municipal
Planning Act, Minnesota Statutes, Sections 462.351 to 462.363.
515.05 Effective Date, Amendment, Repeal.
A. Effective Date. This Code is effective on , 2003, in accordance with
Subsection 110.11 of the City Code.
B. Amendment, Comprehensive. The Council intends this Code to be a comprehensive
amendment to Section 515 of the City Code, as amended. Except as otherwise
provided herein, the provisions of this Code are not intended to alter, diminish, or
increase or otherwise modify any rights or liabilities existing on its effective date.
Any act dl, offense committed, or rights accruing or accrued, or liability, penalty
incurred or imposed prior to the effective date of this Code is not affected by its
enactment.
C. Repeal. Section 515, as amended, of the Crystal City Code, embodied in Appendix 1
of the Crystal City Code of 1994, is repealed.
515.09 Intent and Purpose. The intent of this Code is to protect the public health, safety and
general welfare of the community and its people through the establishment of minimum
regulations governing land development and use. This Code shall divide the City into use
districts and establish regulations in regard to location, erection, construction,
reconstruction, alteration and use of structures and land. Such regulations are established to
protect such use districts; to promote orderly development and redevelopment; to provide
adequate light, air, and convenience of access to property; to prevent congestion in the
public right-of-way; to prevent overcrowding of land and undue concentration of structures
by regulating land, buildings, setbacks and density of population; to provide for
compatibility of different land uses; to provide for administration of this Code; to provide
for amendments; to prescribe penalties for violation of such regulations; and to define
powers and duties of City staff, Board of Adjustment and Appeals, Planning Commission
and City Council in relation to the Zoning Code.
515.13 Relation to Comprehensive Municipal Plan. It is the policy of the City of Crystal that the
enactment, amendment, and administration of this Code be accomplished with due
consideration of the policies and recommendations contained in the Crystal Comprehensive
Plan as developed and amended from time to time by the Planning Commission and City
Council.
515.17 Application and Interpretation.
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CITY OF CRYSTAL ZONING ORDINANCE — Working Draft 11/08102
A. In their application and interpretation, the provisions of this Code shall be held to the
minimum requirements for the promotion of the public health, safety and welfare.
B. Where the conditions imposed by any provisions of this Code are either more or less
restrictive than comparable conditions imposed by any applicable state law or
regulation or any City ordinance or resolution of any kind, the regulations that are
more restrictive or which impose higher standards or requirements shall prevail.
C. No structure shall be erected, converted, enlarged, reconstructed or altered, and no
structure or land shall be used for any purpose nor in any manner that is not in
conformity with the provisions of this Code.
515.21 Uses not provided for within Zoning Districts"s Whenever in any zoning district a use is
neither specifically permitted nor denied, the use shall be considered prohibited. In such
case the City Council or the Planning Commission, on their own initiative or upon request,
may conduct a study to determine if the use is acceptable and if so what zoning district
would be most appropriate and the determination as to conditions and standards relating to
establishment of the use. The City Council, Planning Commission or property owner, upon
receipt of the staff study shall, if appropriate, initiate an amendment to the Zoning Code to
provide for the particular use under consideration or shall find that the use is not compatible
for establishment within the City.
515.25 Separabilitv.
A. It is hereby declared to be the intention of the City Council that several provisions of
this Code are separable in accordance with the following:
1. If any court of competent jurisdiction shall adjudge any provision of this Code
to be invalid, such judgement shall not affect any other provisions of this Code
not specifically included in said judgement.
2. If any court of competent jurisdiction shall adjudge invalid the application of
any provision of this Code to a particular property, building or other structure,
such judgement shall not affect the application of said provision to any other
property, building or structure not specifically included in said judgement.
515.29 Definitions.
Adult Uses. As defined in Section 1190 of the City Code.
Alley. A public right-of-way other than a street that affords a secondary means of access to
abutting property.
Amusement Center. As defined in Section 1180 of the City Code.
Automobile Repair, Major. General repair, rebuilding or reconditioning engines,
motor vehicles or trailers; collision service, including body, frame or fender
straightening or repair; overall painting or paint job; vehicle steam cleaning.
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CITY OF CRYSTAL ZONING ORDINANCE— Working Draft 11/08102
Automobile Repair, Minor. A use that is customarily associated with a service station, and
that includes minor repairs, incidental body and fender work, upholstering, replacement of
parts and motor services to passenger automobiles and trucks not exceeding 3/4 ton capacity,
but not including any operation specified under "Automobile Repair -Major."
Bar. Any premises wherein alcoholic beverages are sold at retail for consumption on the
premises and minors are excluded therefrom by law. It shall not mean premises wherein
such beverages are sold in conjunction with the sale of food for consumption on the
premises and the sale of said beverages compromises less than 25 percent of the gross
receipts.
Basement. That portion of a building between floor and ceiling, which is partly
below and partly above grade, but so located that the vertical distance from grade to
the floor below is less than the vertical distance from grade to ceiling.
We are not sure whether we need to define basement and cellar differently. This definition of
basement and the definition of cellar below are taken from the building code and other cities'
ordinances. Under the new definitions, it is only a basement if is a lookout or walkout; if not, it
is a cellar. However, it may be that for the purposes of zoning there is no distinction requiring
separate definitions for these terms. In fact, it may be that we don't need a definition at all
because the term "basement" is readily understood in common usage. For these reasons, we
may eliminate one or both of these definitions if it turns out that there is no need for them.
Bed and Breakfast Establishment. An owner -occupied, I -family dwelling that offers short-
term lodging, with or without meals, for compensation.
Current code has definitions for "lodging house" and "boarding house" but we feel that these
terms are archaic and inconsistent with the nature of the community. However, we have
added this definition to accommodate a more modern and acceptable type of use.
Building. Any roofed structure used or intended for supporting or sheltering any use or
occupancy.
Cellar. That portion of a building between floor and ceiling which is wholly or partly below
grade and so located that the vertical distance from grade to the floor below is equal to or
greater that the vertical distance from grade to ceiling.
Club or Lodge. Buildings or facilities owned or operated by a corporation, association or
persons for a social, educational or recreational purpose; but not primarily for profit or to
render a service that is customarily carried on as a business.
Convenience Store. Any retail establishment offering for sale prepackaged food products,
household items and other goods commonly associated with the same and having a gross
floor area of less than 5,000 square feet.
Drive-Thru Establishment. Any portion of a building or structure from which business is
transacted, or is capable of being transacted, directly with customers located in a motor
vehicle during such business transactions.
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CITY OF CRYSTAL ZONING ORDINANCE— Working Draft 11/08/02
Dwelling. A building or portion thereof used exclusively for residential purposes, forming a
habitable unit for 1 family. Garage, tents and accessory structures shall not be considered
dwellings and shall at no time be used as a dwelling, either temporarily or permanently.
Dwelling, Multiple. A building designed with 3 or more dwellings exclusively for
occupancy by 3 or more families living independently of each other.
Dwelling, 1 -Family Attached. A building containing dwellings in which:
A. Each unit is located on its own parcel; and
B. Each unit is attached to another by party walls without openings; and
C. Each unit has primary ground floor access to the outside; and
D. The term refers primarily to dwelling types such as townhouses and row houses.
Dwelling, 1 -Family Detached. A residential building containing not more than 1 dwelling
entirely surrounded by open space on the same lot.
Dwelling, 2 -family. A building designed exclusively for occupancy by 2 families living
independently of each other, typically referred to as a double bungalow or duplex, where the
entire building is located on a single lot.
Essential Services. Underground or overhead gas, electrical, steam, or water transmission
or distribution systems, collection, communication, supply or disposal systems by public
utilities, municipal or other governmental agencies.
Family. 1 or more persons each related to the other by blood, marriage, adoption or foster
care, or a group of not more than 3 persons not related maintaining a common household
and using common cooking facilities.
Floor Area, Gross. The sum of the gross horizontal areas of the several floors of such
building or buildings measured from the exterior faces and exterior or from the centerline of
party walls separating 2 buildings. Basements devoted to storage, and space devoted to off-
street parking shall not be included.
Garage, Private. A building for the private use of the owner or occupant of a principal
building situated on the same lot of the principal building for the storage of motor vehicles
with no facilities for mechanical service or repair.
Garage, Public. A building or portion of a building, except any herein defined as a private
garage or as a repair garage, used for the short-term parking of motor vehicles as a business
enterprise.
Grade. The average finished ground level of the land around the perimeter of a lot,
structure, or building.
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CITY OF CRYSTAL ZONING ORDINANCE— Working Draft 11108102
Height. The vertical distance from average grade around the perimeter of a structure to the
highest point of a structure.
Current code defines building height the way it is used in the building code, i.e. the height of
the roof's peak averaged with the height of the roof's eaves. For zoning purposes, the height
should be the same as in common usage: the highest point of the roof (the peak).
Home Occupation. An occupation, profession, activity or use that is clearly a customary,
incidental and secondary use of a residential dwelling and which does not alter the exterior
of the property or affect the residential character of the neighborhood.
Hotel. A facility containing 4 or more guest rooms and offering transient lodging
accommodations on a daily rate to the general public.
Lot. Land occupied or to be occupied by a building and its accessory buildings, together
with such open space as is required under the provisions of this Code, having not less than
the minimum area required by this Code for a building site in the district in which such lot is
situated and having its principal frontage on a street or a proposed street approved by the
City Council.
Lot Area. The area of a horizontal plane within the lot lines.
Lot, Corner. A lot situated at the junction of and abutting on 2 or more intersecting streets.
Lot, Depth. The shortest horizontal distance between the front lot line and the rear lot line
measured from a 90 -degree angle from the street right-of-way within the lot boundaries.
Lot, Interior. A lot other than a corner lot.
Lot Line, Front. The boundary of a lot that abuts a public street, and in the case of a corner
lot it shall be the shortest dimension on a public street. On a through lot, both street lot lines
shall be deemed front lot lines.
Lot Line, Rear. The lot line not intersecting a front lot line that is most distant from and
most closely parallel to the front lot line.
Lot Line, Side. Any lot line that is not a front or rear lot line.
Lot Line, Side Street. Any lot line abutting a street that is not a front or rear lot line.
Lot of Record. Land designated as a separate and distinct parcel in a subdivision, the plat of
which has been recorded in the office of the recorder of Hennepin County, Minnesota; or a
parcel of land, the deed to which was recorded in the office of the recorder of Hennepin
County, Minnesota prior to the adoption of the ordinance codified in this title.
Lot, Through. A lot fronting on 2 parallel streets.
Lot, Width. The horizontal distance between side lot lines, measured at the required front
setback line.
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CITY OF CRYSTAL ZONING ORDINANCE — Working Draft 11108102
Non -conforming Lot. A lot of record or other parcel of land that does not comply with the
lot requirements for any permitted use in the A in which it is located.
Non -conforming Structure. Any structure permitted by existing city ordinance upon the
effective date of this Code, which would not conform to the applicable regulations if the
structure were to be erected under the provisions of this Code.
Non -conforming Use. A lawful use of land that does not comply with the use regulations
for its zoning district but which complied with applicable regulations at the time the use was
established.
Owner or Property Owner. The owner of record according to Hennepin County property
tax records.
Principal Structure or Use. The primary use and chief purpose of a lot or structure as
distinguished from subordinate or accessory uses or structures. A principal use may be
either permitted or conditional.
Senior Housing. A multiple dwelling building or group of buildings with open occupancy
limited to at least 1 person 55 years of age or older per dwelling. This includes assisted
living, but not institutions such as nursing homes.
Setback. The minimum required horizontal distance between a structure and a lot line, as
measured perpendicular to the lot line.
Setback, Front. The minimum required horizontal distance between a structure and the
front lot line, extending across the full width of the lot.
Setback, Rear. The minimum required horizontal distance between a structure and the rear
lot line, extending across the full width of the lot.
Setback, Side. The minimum required horizontal distance between a structure and the side
lot line, extending from the front setback to the rear setback.
Setback, Side Street. The minimum required horizontal distance between a structure and the
side street setback, extending form the front setback to the rear setback.
Street Center Line. A line equidistant between the longitudinal boundaries of the right-of-
way dedicated to the city for use as a public street, except where only a portion of the
proposed street has been dedicated, which shall be presumed to have a width of sixty feet
unless otherwise determined by the City Council.
Structure. Anything constructed or erected on or connected to the ground, whether
temporary or permanent in character.
Useable Open Space. A required ground area or terrace area on a lot which is graded,
developed, landscaped and equipped and intended and maintained for either active or
passive recreation or both, available and accessible to and useable by all persons occupying
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CITY OF CRYSTAL ZONING ORDINANCE — Working Draft 11/08/02
a dwelling or rooming unit on the lot and their guests. Such areas shall be grassed and
landscaped or covered only for recreational purpose. Roofs, driveways and parking areas
shall not constitute useable open space.
Use, Accessory. A structure or use which:
A. Is subordinate to and serves a principal building or principal use;
B. Is subordinate in area, extent and purpose to the principal structure or principal use s
served;
C. Is located on the same lot as the principal structure or principal use served and except
as otherwise expressly authorized by the provisions of this title.
Use, Conditional. A use that would not be appropriate generally or without restriction
throughout the zoning district but which, if controlled as to number, area, location or relation
to the neighborhood, would not be detrimental to public health, safety or general welfare.
Use, Permitted. A use which may be lawfully established in a particular district or districts,
provided it conforms with all requirements, regulations and performance standards of such
districts.
515.33 General Performance Standards.
A. Number of principal structures per lot. Except in the case of a Planned Unit
Development, not more than 1 principal structure may be located on a lot.
B. Lighting. Any lighting used to illuminate an off-street parking area, sign or other
structure shall be arranged as to deflect light away from any adjoining residential zl or
from public streets. Direct or sky -reflected glare from floodlights or from high
temperature processes such as combustion or welding shall not be directed into any
adjoining property. The source of lights shall be hooded or controlled in some manner
so as not to light adjacent property. Bare light bulbs shall not be permitted in view of
adjacent property or public right-of-way. Any light or combination of lights which
cast light on a public street shall not exceed 1 foot candle (meter reading) as measured
from the lot line abutting said street. Any light or combination of lights which cast
light on residential property shall not exceed 0.4 foot candles (meter reading) as
measured from lot line of abutting said property.
C. Visibility at Intersections. The planting of trees, shrubs or tall herbaceous plant
material or the erection of any structure is prohibited within the 25 -foot site triangle as
measured from the 2 sides formed by the property lines and the third side formed by a
straight line connecting the 2 25 -foot points of the corner.
D. Drainage. No land shall be developed and no use shall be permitted that results in
water run-off causing flooding, erosion, or deposit of minerals on adjacent properties.
Such run-off shall be properly channeled into a storm drain, watercourse, pond area, or
other public facilities. Any change in grade affecting water run-off onto adjacent
property must be as approved by the City Engineer.
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E. Landscaping. In all zoning districts the lot area remaining after providing for off-
street parking, sidewalks, driveways, building site and/or other permitted
improvements shall be planted and maintained in grass, shrubs or other acceptable
vegetation or treatment generally used in landscaping.
515.37 Establishment of Districts. The following zoning classifications and districts are
hereby established within the City of Crystal.
A. Residential Districts.
1. R-1 Low Density Residential District.
2. R-2 Medium Density Residential District.
3. R-3 High Density Residential District.
B. Business Districts.
1. C-1 Neighborhood Commercial District.
2. C-2 Community Commercial District.
3. C-3 Auto -Oriented Commercial District.
C. Industrial Districts.
1. I-1 Light Industrial District.
D. Special Districts.
1. PD Planned Development District.
2. FP Floodplain Overlay District.
3. SL Shoreland Overlay District
4. AP Airport Overlay District
515.41 Zoning District Application. The boundary lines of the districts listed in Subsections
515.37 through 515.67 are hereby established as shown on the map entitled "Zoning District
Map of Crystal, Minnesota," which map is hereby approved and ordered filed with the City
Clerk, The Zoning District Map and all notations, references and other information shown
thereon shall have the same force and effect as if fully set forth herein and are hereby
incorporated in and made part of this Code by reference and incorporated fully as set forth
herein.
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515.45 Zoning District Boundaries. Zoning district boundary lines follow lot lines, railroad right-
of-way lines, the center of water courses or the corporate limit lines, all as they exist upon
the effective date of this Code.
A. Appeals from the Planning Commission's determination concerning the exact location
of a zoning district boundary line shall be heard by the City Council serving as the
Board of Adjustment and Appeals.
B. When any street, alley or other public right-of-way is vacated by official action of the
City, the zoning classification of land abutting the center line of said alley or other
public right-of-way shall not be affected by such proceedings, nor shall the district
boundary be affected thereby
515.49 R-1 Low Density Residential.
A. Purpose. The purpose of the R-1 District is to provide for detached 1 -family
residential dwellings and directly related complimentary uses on a limited
basis. Densities are to be no more than 5 dwellings per acre.
B. Permitted Principal Uses.
1 -family detached dwellings.
2. 2 -family dwellings, provided:
a. The lot has an area of no less than 15,000 square feet.
b. The lot width is no less than 100 feet.
The lot width is no less than 100 feet.
d. The side setback is no less than 10 feet.
The side street setback is no less than 20 feet.
f. There are at least 2 parking spaces for each dwelling. Of these, at least 1
private garage space must be provided for the exclusive use of each
dwelling's residents. Each dwelling's access to its private garage space
shall be independent of the other dwelling's access to its private garage
space. Each dwelling's private garage space shall be separate and secure
from the other dwelling's private garage space.
The current ordinance has a separate 2 -family district which is basically only used in a
"spot zoning" fashion. To correct this, the city should focus on the density of housing
as the most important controlling factor. We should include 2 -family dwellings as a
permitted use in the R-1 district but only if the standards are high enough to prevent
density -related harm to the neighborhood. For example, the minimum lot area and
side setbacks are double those required for 1 -family dwellings. Also, the parking
requirements are the same per unit as they will be for 1 -family dwellings with the
added provision that each unit's garage space must be separate from the other unit's
garage space. Finally, each unit must meet the same minimum building size
requirements as they would if they were 1 -family dwellings on separate lots.
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3. State licensed residential facilities serving 6 or fewer persons.
4. Licensed day care facilities serving 12 or fewer persons.
5. Group family day care facilities licensed under Minnesota Rules, parts
9502.0315 to 9502.0445 to serve 14 or fewer children.
6. Public parks and playgrounds.
7. Essential services.
C. Permitted Accessory Uses.
Private garages, parking spaces and carports intended for the parking of licensed
and operable non-commercial cars and trucks not exceeding a gross vehicle
weight of 12,000 pounds. In no event shall the number of vehicles parked or
stored outside on a lot exceed 3. The cumulative area of all garages on a lot,
whether attached or detached, shall not exceed the footprint of the residential
portion of the principal building. Detached garages are considered to be
detached accessory buildings and are subject to the limitations in Paragraph 6 of
this Subsection.
2. Parking of not more than 1 commercial vehicle not exceeding 12,000 pounds
gross vehicle weight and 22 feet in length and 8 feet in height owned or operated
by a resident of the dwelling. Parking or storage of any truck tractors, semi-
trailers, semi -tractors or tractor -trailers is prohibited.
3. Recreational vehicles and equipment as regulated by Section 1330 of the City
Code.
4. Home occupation. An occupation, profession, activity or use that is clearly a
customary, incidental and secondary use of a residential dwelling and which
does not alter the exterior of the property or affect the residential character of the
neighborhood. Permissible home occupations shall not include the conducting of
a retail business (other than by mail), manufacturing or repair shop. Standards
applicable to home occupations are as follows:
a. No home occupation shall be permitted which results in or generates more
traffic than 1 car at any 1 given point in time.
b. Only persons residing on the premises shall be employed.
C. No home occupation shall be permitted which is noxious, offensive or
hazardous my reason of vehicular traffic, generation or emission of noise,
vibration, smoke, dust or other particulate matter, odorous matter, heat,
humidity, glare, refuse, radiation or other objectionable emission.
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d. No mechanical, electrical or other equipment shall be used which produces
noise, electrical or magnetic interference, vibration, heat, glare or other
nuisance outside the residential structure.
e. The home occupation shall be conducted entirely within the principal
dwelling.
f. No more than 25 percent or 400 square feet of the floor area of the
dwelling, whichever is less, shall be devoted to the home occupation.
g. Such home occupation shall not require internal or external alterations or
involve construction features not customarily found in dwellings, and no
alteration of the principal residential building shall be made which
changes the character and appearance thereof as a dwelling.
h. The entrance to the space devoted to such occupations shall be from
within the dwelling.
i. There shall be no exterior storage or display of equipment, goods or
materials used in the home occupation.
j. 1 sign, not to exceed 4 square feet in area, may be placed on the premises.
The sign may identify the home occupation, resident and address but may
contain no other information. The sign may not be illuminated and must be
set back a minimum of 10 feet from a property line abutting a public
street. If the sign is freestanding, the total height may not exceed 5 feet.
5. Swimming pools, tennis courts and other recreational facilities which are
operated for the enjoyment and convenience of the residents of the principal use
and their guests.
6. Detached accessory buildings such as garages, tool houses, sheds, gazebos, non-
commercial greenhouses and similar buildings for storage of domestic supplies
and non-commercial recreational equipment; provided that no detached
accessory building shall exceed 1,000 square feet and the cumulative area of all
detached accessory buildings on a lot shall not exceed the footprint of the
residential portion of the principal building.
7. Fences and walls, not to exceed 6 feet in height, and not to exceed 4 feet in
height when located in the front setback.
8. Garage sales for the infrequent temporary display and sale of general household
goods, used clothing, appliances, and other personal property, provided:
a. The exchange or sale of merchandise is conducted within the principal
structure or an accessory structure.
b. Items for sale may not include personal property purchased for the purpose
of resale.
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C. The number of garage sales on an individual premises may not exceed 4
per year.
d. Each sale is limited to a 3 day duration, with hours of operation between
8:00 a.m. and 10:00 p.m.
e. Garage sale signs identifying the location and times of a garage sale may
be placed on the property at which the sale is to be conducted or on the
property of others with their consent. Such signs shall not exceed 4 square
feet in area per side; shall not be placed on or attached to any public
property or utility pole; shall not be placed within the 25 -foot sight
triangle at an intersection, as measured from the 2 sides formed by the
property lines and the third side formed by a straight line connecting the 2
25 -foot points of the corner; and must be removed within 24 hours of the
time stated on such sign for the conclusion of the sale.
9. Satellite dishes, whether roof or wall mounted, not to exceed 40 inches in
diameter and not extending above the highest ridge line of the principal
building.
D. Conditional Uses.
1. Governmental and public utility buildings and structures necessary for the
health, safety and general welfare of the community provided that:
a. Conformity with the surrounding neighborhood is maintained and setbacks
are met;
b. Equipment is completely enclosed in a permanent structure with no
outside storage;
C. Adequate screening from neighborhood uses and landscaping is provided
in compliance with Section 515._ of this Code;
d. The provisions of Section 515._ (conditional use permit administration)
of this Code are considered and satisfactorily met.
2. Public or semi-public recreational buildings, neighborhood service or
community centers and the following uses within governmentally owned
buildings: facilities operated by governmental agencies or non-profit
corporations or associations in providing social, educational and recreational
services to members of the community; public and private educational
institutions limited to elementary, junior high and senior high schools; and
religious institutions such as churches, chapels, temples and synagogues
provided that:
a. Side setbacks shall be double that required for the district.
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b. Adequate screening from abutting residential uses and landscaping is
provided in compliance with Section 515._ of this Code.
C. Adequate off-street parking and access is provided on the site or on lots
directly abutting directly across a public street or alley to the principal use
in compliance with Subsection 515.—of this Code and that such parking
is adequately screened and landscaped from surrounding and abutting
residential uses in compliance with Section 515._ of this Code.
d. Adequate off-street loading and service entrances as provided and
regulated where applicable by Section 515._ of this Code.
e. All signing and informational or visual communication devices are in
compliance with Section 406 of the City Code.
f. The provisions of Section 515._ (conditional use permit administration)
of this Code are considered and satisfactorily met.
3. Cemeteries, subject to the following:
a. Such use shall not include funeral homes, crematoriums or similar uses.
b. No building, including mausoleums and accessory maintenance buildings,
shall exceed 5,000 sq. ft. in area or 20 feet in height. The total footprint of
buildings on the cemetery shall not exceed 1% of the area of the cemetery.
C. Such use may include maintenance and equipment facilities accessory to
the operation of the cemetery, subject to the screening requirements of
Section 515.07 Subd. 9 and Section 520 (Site Plan Review).
d. The provisions of Section 515._ (conditional use permit administration)
of this Code are considered and satisfactorily met.
4. Bed and Breakfast Establishments, provided:
a. The property abuts and the building faces an arterial or major collector
street;
b. Signage is limited to 1 sign that indicates the name of and contact
information for the bed and breakfast establishment but no other material.
There may be 1 such sign not to exceed 4 square feet in area, not to exceed
5 feet in height if free standing, and not to be lighted unless the lighting
will not negatively impact adjacent properties.
C. Driveway access and parking areas are adequately buffered from adjacent
residential uses; and
d. The provisions of Section 515._ (conditional use permit administration)
of this Code are considered and satisfactorily met.
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E. Minimum Lot Requirements. Lots in the R-1 district shall meet all of the following
requirements:
1. Minimum lot area of 7,500 square feet.
2. Minimum lot width of 60 feet.
3. Minimum lot depth of 100 feet.
F. Minimum Building Size Requirements:
1. Single story dwellings shall have a main floor area of no less than 900 square
feet, unless there is no basement or cellar in which case the main floor area shall
be no less than 1,000 square feet. For the purposes of this Subsection, 1 story
dwellings includes multiple story dwellings with less than 300 square feet of
finished or finishable upper floor area.
2. Multiple story dwellings with less than 600 but no less than 300 square feet of
finished or finishable upper floor area shall have a main floor area of no less
than 800 square feet, unless there is no basement or cellar in which case the
main floor area shall be no less than 900 square feet.
3. Multiple story dwellings with no less than 600 square feet of finished or
finishable upper floor area shall have a main floor area of no less than 700
square feet, unless there is no basement or cellar in which case the main floor
area shall be no less than 800 square feet.
The current ordinance has a minimum main floor area of 900sf for single story homes and
750sf for 2 story homes. This is intended to make sure that new homes are built to
contemporary minimum sizes large enough to accommodate modern needs. However, the
current standards don't work well because (1) they don't deal with the need for more main
floor area when there's no basement; (2) they don't deal with 1 % story homes; and (3) they
seem overly restrictive for 2 story homes. We propose (1) an additional 100sf required if
there is no basement; (2) two classes of multiple story homes, one of which would roughly
correspond to 1 % story homes and the other to 2 story homes; and (3) reducing the main
floor area requirement for 2 story homes from 750sf to 700sf. The following table
summarizes the proposed requirements:
MINIMUM
SINGLE STORY
MULTI STORY
MULTI STORY
MAIN FLOOR AREA
<300sf upper
300-599sf upper
600+sf upper
With Basement:
900+
800+
700+
Without Basement:
1,000+
900+
800+
G. Coverage and Height Limitations.
1. Lot coverage:
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a. Interior Lots not abutting an alley: No more than 40% of the rear setback
established by section shall be covered by structures.
For these more typical lots, the coverage should be calculated as a percentage
of the rear setback, not the area behind the rear line of the principal building
(a.k.a. the "backyard'). The reasoning is as follows: (1) We have a setback
requirement to preserve open space across the rear 30' of the lot; (2) however,
we recognize the practical need to allow some accessory structures in this
required open space; (3) but we need to limit the amount of this open space
that can be covered by accessory structures so that the rear setback remains
fundamentally as open space, which is the main reason we have a rear setback
requirement in the first place.
b. Interior lots abutting an alley and corner lots:
(1) If 60 feet or more in width, no more than 40% of that part of the lot
between the rear line of the principal building and the rear lot line
shall be covered by structures.
(2) If less than 60 feet in width, no more than 50% of that part of the lot
between the rear line of the principal building and the rear lot line
shall be covered by structures.
For lots on alleys and corner lots, it's a little different. The accessory buildings
are likely to be accessed from the alley or side street, and therefore nearly all of
the accessory structures will typically be located in the rear setback area.
Meanwhile, other parts of the back yard not within the setback area are often
mostly open space. Therefore, for these types of lots, the coverage should be
calculated as a percentage of the area behind the rear line of the principal
building (a. k. a. the "back yard') instead of the minimum 30'rearsetback.
2. Height Limitations
a. No building or structure shall exceed 3 stories or 35 feet in height,
whichever is less.
b. Exceptions:
(1) Chimneys.
(2) Church spires and steeples.
(3) Flagpoles.
(4) Monuments.
(5) Poles, towers and other structures for essential services.
(6) Equipment for amateur radio operations licensed by the FCC not to
exceed 50 feet in height.
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(7) Roof -mounted television and radio antennae, not including satellite
dishes, and not exceeding 12 feet above the roof.
H. Setbacks.
1. Front setback.
a. 60 feet from the centerline of the street, but not less than 30 feet from the
front lot line.
b. Exceptions:
(1) Awnings.
(2) Landings not exceeding 4 feet by 4 feet together with steps
necessary to reach grade.
(3) Chimney.
(4) Flagpoles.
(5) Eaves.
(6) Handicap ramps.
(7) Bow or box windows, bays, foyers or other additions to the principal
building, subject to the following limitations:
(a) The addition shall not project more than 4 feet into the front
setback.
(b) Each addition shall not exceed 12 feet in width, and the
cumulative width of all additions shall not exceed 40% of the
width of the principal building.
(c) Each addition's encroachment into the front setback shall not
exceed 32 square feet, and the cumulative encroachment of all
additions shall not exceed 50 square feet.
Whether the purpose of the addition is for a bay, foyer or whatever, staff
feels the front yard setback can be relaxed to a limited degree. These
limitations are spelled out in (a), (b) and (c).
(8) Open porches and decks attached to the principal building, provided
that they project no more than 8 feet into the front setback and their
cumulative encroachment into the front setback does not exceed 200
square feet. Open porches are characterized as having a roof but not
being enclosed with windows, screens or walls.
The same principal applies to open porches and attached decks, except
that the limitations can be relaxed because the impact is less.
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(9) Patios and detached decks, provided that they are set back at least 22 --
feet from the front lot line and their cumulative encroachment into
the front setback does not exceed 200 square feet.
Patios and detached decks are similar in mass and bulk to open porches
and attached decks, and therefore a similar exception would be
appropriate.
(10) Fences and walls.
(11) Driveways leading directly to a garage.
(12) 1 auxiliary parking space as specified by standards in section
(13) Sidewalks not to exceed 4 feet in width.
(14) Satellite dishes, with a dish diameter not to exceed 40 inches,
mounted to the principal building and not extending more than 3 feet
into the required setback.
(15) Signs in accordance with Section 405 of Crystal City Code.
2. Rear setback.
a. 30 feet from the rear lot line.
b. Exceptions:
(1) Awnings; provided no part may be closer than 3 feet to any lot line.
(2) Landings not exceeding 4 feet by 4 feet together with steps
necessary to reach grade
(3) Chimney; provided no part may be closer than 3 feet to any lot line.
(4) Flagpoles; provided no part may be closer than 3 feet to any lot line.
(5) Eaves; provided no part may be closer than 3 feet to any lot line.
(6) Handicap ramps; provided no part may be closer than 3 feet to any
lot line.
(7) Bow or box windows, bays, foyers or other additions to the principal
building, subject to the following limitations:
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(a) The addition shall not project more than 4 feet into the rear
setback.
(b) Each addition shall not exceed 12 feet in width, and the
cumulative width of all additions shall not exceed 40% of the
width of the house.
(c) Each addition's encroachment into the rear setback shall not
exceed 32 square feet, and the cumulative encroachment of all
additions shall not exceed 50 square feet.
Whether the purpose of the addition is for a bay, foyer or whatever, staff
feels that, as with the front setback, the rear setback can be relaxed to a
limited degree. These limitations are spelled out in (a), (b) and (c).
(8) Open porches and decks attached to the principal building, provided
that they project no more than 8 feet into the rear setback and their
cumulative encroachment into the rear setback does not exceed 200
square feet. Open porches are characterized as having a roof but not
being enclosed with windows, screens or walls.
The same principal applies to open porches and attached decks, except
that the limitations can be relaxed because the impact is less. Please
note that, in the rear setback, patios and detached decks are covered by
(11) below.
(9) Recreational equipment; provided no part may be closer than 3 feet
to any lot line.
(10) Clothesline poles; provided no part may be closer than 3 feet to any
lot line.
(11) Detached accessory structures, including patios, decks, storage sheds
and gazebos; provided no part may be closer than 3 feet to any lot
line.
(12) Detached garages; provided no part may be closer than 3 feet to any
lot line; and in instances where the overhead doors face the alley, the
garage shall be set back a minimum of 20 feet from the lot line
abutting the alley.
(13) Air conditioning or heating equipment; provided no part may be
closer than 3 feet to any lot line but in no case within 10 feet of the
living quarters of a building on adjoining property.
(14) Fences and walls.
(15) Driveways leading directly to a garage.
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(16) 1 auxiliary parking space as specified by standards in section
(17) Sidewalks not to exceed 4 feet in width.
(18) Satellite dishes, with a dish diameter not to exceed 40 inches,
mounted to the principal building and not extending more than 3 feet
into the required setback.
(19) Signs in accordance with Section 405 of Crystal City Code.
3. Side setback:
a. 5 feet from the side lot line.
b. Exceptions:
(1) Awnings; provided no part may be closer than 3 feet to any lot line.
(2) Landings not exceeding 4 feet by 4 feet together with steps
necessary to reach grade
(3) Chimney; provided no part may be closer than 3 feet to any lot line.
(4) Eaves; provided no part may be closer than 3 feet to any lot line.
(5) Handicap ramps; provided no part may be closer than 3 feet to any
lot line.
(6) Fences and walls.
(7) Driveways leading directly to a garage.
(8) 1 auxiliary parking space as specified by standards in section
(9) Satellite dishes, with a dish diameter not to exceed 40 inches,
mounted to the principal building and not extending more than 3 feet
into the required setback.
(9) Sidewalks not to exceed 4 feet in width
4. Side street setback:
a. 40 feet from the centerline of the side street, but not less than 10 feet from
the side street lot line.
b. Garages where the overhead door faces the side street lot line shall be set
back a minimum of 20 feet from said lot line.
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C. Exceptions
(1) Awnings; provided no part may be closer than 3 feet to any lot line.
(2) Landings not exceeding 4 feet by 4 feet together with steps
necessary to reach grade
(3) Chimney; provided no part may be closer than 3 feet to any lot line.
(4) Eaves; provided no part may be closer than 3 feet to any lot line.
(5) Handicap ramps; provided no part may be closer than 3 feet to any
lot line.
(6) Fences and walls.
(7) Driveways leading directly to a garage.
(8) 1 auxiliary parking space as specified by standards in section
(9) Satellite dishes, with a dish diameter not to exceed 40 inches,
mounted to the principal building and not extending more than 3 feet
into the required setback.
(10) Sidewalks not to exceed 4 feet in width.
(11) Signs in accordance with Section 405 of Crystal City Code.
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M E M O R A N D U M
DATE: November 6, 2002
TO: Planning Commission
FROM: John Sutter, Planning and Redevelopment Coordinator
SUBJECT: Revisions to Planning Commission By-laws
At its August 20, 2002 work session meeting, the City Council voted to approve
Ordinance 2002-08 to amend all commission by-laws. Beginning January 1,
2003, officers of each commission may serve in the same position (chair, vice -
chair, secretary) for two consecutive years and the term limit for each
commission member shall be three years.
Attached for reference is a copy of the current by-laws with the necessary
revisions. Additions to the by-laws have been indicated with underlining and
deletions indicated with str4kethreu . The City Council has asked that the
Planning Commission update the by-laws to reflect the ordinance change.
Planning Commission action is requested.
CITY OF CRYSTAL
PLANNING COMMISSION BY-LAWS
ARTICLE I. MISSION STATEMENT
The role of the Crystal Planning Commission is to serve the City Council and citizens of Crystal by
formulating recommendations in land use matters and by devoting the time necessary to listen to fact, to
consider public input and to render decisions in an objective manner. To be successful in this role,
Planning Commissioners acknowledge and honor these values:
• Open-mindedness: Decisions are made free from prejudice or bias; Commissioners are receptive of
new ideas and to reason.
• Respect: Commissioners listen to and show respect for the opinions and positions of fellow
Commissioners as well as those who come before the Commission.
• Equal treatment: Everyone appearing before the Commission has the same privileges, status and
rights.
• Attack the problem, not the person: Personal attacks are not tolerated, but honest and informed
debate is encouraged.
• Offer and accept constructive criticism: Constructive comments are to be encouraged and welcomed;
unfavorable judgments that find fault and fix responsibility are not.
• Responsibility to the City of Crystal: The best interests of the city of Crystal are paramount and rise
above parochial interests.
• Shared responsibility: The Commission as a whole bears the responsibility for decisions and
recommendations that are made.
ARTICLE II. ORGANIZATION
A. Election of Officers
The officers of the Commission shall be elected by the members of the Commission at the
January meeting each year. Officers shall serve for a period of one year, commencing with the
first meeting of each year. The term of office for each Officer is one year, and that no Officer
may serve for more than two consecutive years in the same position The term limit for each
Commissioner shall be three years, at which time a Commissioner may choose to re -apply to be
a member of the Commission.
B. Officers
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The officers of the Commission shall be a Chairperson and Vice Chairperson and Secretary. In
addition, there shall be an official administrative secretary who need not be a member of the
Commission.
C. Duties
The Chairperson shall preside at all meetings of the Commission, shall have such powers
of the supervision and management as may pertain to the office of the Chairperson.
2. The Vice Chairperson shall preside and perform all duties of the Chairperson in the event
of the Chairperson's absence, disqualification or disability.
3. The Secretary shall be responsible for administrative work necessary for the operations of
the Planning Commission, unless city staff has been directed by the City Manager to
assume these administrative duties. In the absence of the Secretary, a temporary
Secretary may be appointed by the presiding officer to fulfill the duties of Secretary at
that meeting.
The Secretary shall keep the minutes of all meetings and all records of the Commission.
Minutes of the meetings shall be mailed or delivered to all Commission members and
shall include the notice and the agenda for the next regular meeting. The Secretary shall
notify all members of any special meeting of the Commission. Approved minutes shall be
provided to the City Council in the next available meeting packet or newsbrief.
In addition to these administrative duties, in the absence of the Chairperson and Vice
Chairperson, the Secretary shall preside and perform all duties of the Chairperson in the
event of the Chairperson's absence, disqualification or disability.
4. It shall be the duty of each member to notify the administrative secretary if such meeting
cannot be attended.
D. Task Force
Task forces shall be formed when deemed necessary by the Chairperson. Such Task Forces shall
consist of a leader, who shall be a member of the Commission, and any number of people,
members or non-members, the leader deems necessary to successfully complete the task. The
Chairperson shall appoint the leader of any Task Force, keeping in mind the interests of
individual members. The Chairperson and Vice Chairperson shall be ex officio members of any
Task Force formed.
ARTICLE III. MEETINGS
A. The Commission shall hold a minimum of twelve regular monthly meetings on the second
Monday of each month at 7:00 p.m., unless otherwise set by the Commission at the January
meeting of each year. In addition, the date and time for any one monthly meeting may be
changed by a majority vote of the quorum.
B. Quorum, consisting of a majority of the members of the Commission, shall be sufficient to
transact the business of the Commission.
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C. The Commission may hold special meetings to complete or initiate business at the call of the
Chairperson, or upon the request of three members of the Commission.
D. The roll shall be called at each meeting and a record of those members present or absent shall
also be recorded in the minutes of such meeting.
E. The order of business will be as follows:
Call to Order
Approval of Minutes
Public Hearings
Old Business
New Business
General Information
Open Forum
Adjournment
ARTICLE IV. ATTENDANCE
Attendance is required at all meetings. Absence from more than three regular meetings in a
calendar year is not considered acceptable because it impairs the Commission's ability to fulfill
its responsibilities to the community. For this reason, upon a Commissioner's fourth absence
from a regular meeting within a calendar year, the Chairperson shall notify the Mayor of such
absences and the City Council may take action to remove the Commissioner. All Commissioners
are expected to notify city staff prior to any meeting if unable to attend.
ARTICLE V. GENERAL PROVISIONS
No member of the Commission shall be authorized to speak on behalf of the Commission
publicly until the Commission has first considered and approved such statements. The City
Council or City Manager shall be notified in advance of the nature of any public statement of
official policy concerning the Commission.
ARTICLE VI. AMMENDMENTS
These rules and procedures may be amended by a majority of the membership at a regular or
special meeting. Notice of the proposed amendments shall be mailed to all members of the
Commission by the Secretary prior to the meeting at which the amendments are to be voted
upon. Any member of the Commission may, in writing, propose amendments to these rules and
procedures.
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CITY COUNCIL ACTIONS ON PLANNING COMMISSION ITEMS
(since the last Planning Commission meeting on October 14, 2002)
November 6, 2002:
APPROVED: Application 2002-21, a variance to increase the maximum rear yard
structure coverage from 30% to 50% at 3513 Kyle Avenue North.
(This was consistent with the Planning Commission's recommendation.)
2. DENIED: Application 2002-22, a variance to reduce the minimum front yard
setback from 30 feet to 27 feet at 6511 58th Avenue North.
(This was consistent with the Planning Commission's recommendation that the variance
be denied but that the ordinance be changed to allow front setback encroachments
such as the one constructed by the applicant. Some City Council members expressed
concerns about changing the ordinance due to a mistake because it might encourage
others to deliberately not comply with the ordinance whenever they run across a
provision they don't like. However, the consensus was that in this particular case the
applicant was sincere in his intent to comply and, more importantly, the ordinance
change was something that the city would have wanted to do anyway.)