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2001.08.13 PC Meeting PacketCRYSTAL PLANNING COMMISSION AGENDA SUMMARY Crystal City Fall, 4141 Douglas Dr N August 13, 2001 Council Chambers 7:00 PM Approval of Minutes from the July 9, 2001 meeting 2. ITEM CONTINUED FROM THE JUNE 11TH AND JULY 9TH MEETINGS: Consider Application 2001-6 for Conditional Use Permit to allow Motor Vehicle Sales on property zoned B-3 Auto -Oriented Commercial at 5301 Douglas Drive North (P.I.D. 08-118-21-11-0134). Application submitted by National Sales & Leasing (applicant) and Regal Car Wash XIX (property owner). 3. PUBLIC HEARING CONTINUED FROM THE JULY 9TH MEETING: Consider Application 2001-8 for Preliminary Plat, Conditional Use Permit and Site Plan Review for development of 15 townhouses on property zoned R-3 Medium Density Residential located at 7221 32nd Avenur. North (P.I.D. 20-118-21-31-0005). Application submitted by ZB Companies, Inc. (applicant) and Leon Waters (property owner). 4. PUBLIC HEARING: Consider Application 2001-9 for a Variance to reduce the required setback from 20' to 5' for a detached garage facing a public street. Property address is 6702 51St Place North (P.I.D. 08-118-21-13-0015). Application submitted by Brent J. Weyer (applicant and property owner). 5. PUBLIC HEARING: Consider Application 2001-10 for a Zoning Ordinance text amendment pertaining to the number of driveways permitted for each residential structure. Application submitted by the City of Crystal. 6. Discussion Item: Possible request from The Vinland Center to construct a two family dwelling on currently vacant property at 3200 Douglas Drive North. 7. Informal discussion and announcements. 8. Adjournment • For additional information, contact John Sutter at 763-531-1142 • 11CY_FS1 WS1GROU MCOM DEV OTLANNINGTLANCOM MX2001 \08-131agendasummary.doc July 9, 2001 CRYSTAL PLANNING COMMISSION MINUTE The regular meetingS with the following °f the Crystal Planning Magnuson,thef g present: Elsen, Grah Commission convened at 7: 00 Nystrom K Graham, Kamp, Koss p' m' Planner Sutter, Co ' and VOnRueden. Seger, unit Also present were the following: Secretary Van y Development Assistant Dietsche, and Krevelen. Staff did not hear from T. Recording 1 • Moved b Grum' y Commissioner Nystrom and seconded approve the minutes by Co of the June 11, 2001 mmissioner Elsen to meeting, with no exceptions. 2• Public Hearin Motion carried. continued from June 11 m permit 6 for Conditional Use Pe meetin Consider A B-3 Auto -Oriented Co to allow Motor p Vehicle Sales on rPoplecation 2001- 21-11-0134). A Commercial at 5301 Douglas Drive North p rty Zoned and Re PPlication submitted by National Sales Leasing D 08-118- Regal Car Wash XIX (property owner). & g (applicant) Planner Sutter stated owner was willing to close the Ed eWat as Of July ° 0001' the staff believed that the r understanding was incorrect and the d Ave curb cut. property not willing to close the curb cut. However, this property owner has since stated that he is Planner Sutter stated that since the property owner has refused to remove the northwest corner of the subject ro ert the screening fence and shrubs to the (g)(6) are not satisfied. p p y, the requirements of 515.35 Subd. 4 curb cut along Edgewood Ave and extend (9)(6) PlanningStaff recommends denial of a Commission to make a recommendation on therequest and asks Council consideration. quest for City Robert Letendre, National Sales & Leasing, told the he was not concerned about extensive traffic thou h Planning City's recommendation to close the curb cut an g his lot, but swi hthat adjacent residents. Mr. L close t also stated that provide adequate screening for property owner and find out if he is willing to reconsider hes to talk to the curb cut. It was noted that the property Planning Co y owner had chosen nop�olaIt eition on ther g mmission meeting to date. Moved by CoMnissroner Nystrom and seconded by Elsen to close the public hearing. Motion carried. Commissioner Nystrom Moved by Commissioner K. Graham and seconded by t to allow Motor d the application 2001-6 for conditionala s60 days, with review in 30 to eaten subject property for no purpose for Vehicle sales on P ssion meeting. owner regarding days at the August 13, 2001 Planning Comrni ro erty extension is to give Mr. Letendre time to confer with P P curb cut issue. Motion carried. The Planning Commission had several concerns about the proposed use for the subject property. were in agreement that the removal Cthe ash and National cut All commissioners w congestion Edgewood Ave is necessary to contain traffic of Reg l . s from the and protect adjacent residential prop Commissioners Sales 8,- Leasing alar operation of these businesses. Parking spaces along associated with reg to allow the applicant were willing interested in VonRueden and Kamp expressed concern for pedestrians and were and traffic flow, ow Douglas Drive but exp parting the property owner intends to handle the increase of p P Pedestrian safety. while ensuring p plat, Conditional 3 Public Hearin: Consider Application 2001-8 for Preliminary on and Site Plan Review for developm to ted at 722132' oussAv North Use Permit, aResidential ZB Companies, Inc. property zoned R-3 Medium Density R o d u rmitted by (P.I.D. 20-118-21-31`000t rs (property owner). (applicant) and Leon the submitted Suttertold the Planning Commission that after reviewing has identified Planner June 29"', the Development Review Commi plans on Friday, that still need to be addressed. Staff has since met with several technical items ears that both parties would like more o rsonsiderat on.to refine e the developer and it app Commission plans before bringing them before the Planning P public hearing for Commission continue the P August 13"' Staff recommends that thn of revised sed ping s to be reviewed at the Aug one month, in anticipatio required to issue a The 60 -day time period in which the city is meeting. when all required application items are submitted• In this case, decision begins This means the city must the last required item was submitted no later than August 25"'. Assuming the make a decision on the application Planning Commission completes the public hearing and makes its recommendation at the August 13' meeting, the City Council would consider the application at its August 21" meeting. Moved by Commissioner Kamp and seconded by Commissioner VonRueden to continue until August 13, 2001 the public hearing on application 2001-8 for Preliminary Plat, Conditional Use Permit and Site Plan Review for development of 15 townhouses. Motion carried. 4. Discussion Item: Possible request from Morries Brooklyn Park to establish motor vehicle sales in addition to minor auto repair at 5264 West Broadway (American Brake Service). Planner Sutter stated that the subject property is currently zoned B-3 Auto - Oriented Commercial and was rezoned to B-3 in 1995. A Conditional Use Permit is required to establish Motor Vehicle Sales in the B-3 District. A minimum lot area of 22,500 sq. ft. is required, and the site area is approximately 18,750 sq. ft., falling short of the requirement by 17%. A variance had already been granted in 1995 to allow American Brake Service to use the property (since the same lot area requirement applies to auto repair businesses). Staff cannot foresee recommending another variance from this requirement because the situation clearly doesn't meet the criteria for a finding of undue hardship. Generally, staff is concerned about the small size of the site and the fact that a variance has already been granted from the lot area agreement. Commissioner Kamp agreed with Planner Sutter that the site was not large enough for the proposed use. Tom Anderson, realtor, stated than he was aware of the additional space required to meet the requirement of 22,500 sq. ft. Anderson said there is a possibility that additional land may be available for purchase from the neighboring property to increase the square footage of the subject property, however, it is doubtful that enough land could be acquired to fulfill the 22,500 sq. ft. requirement for each business on site. He also inquired about the sale of motor vehicles on the property and was curious if B-3 District would allow this use. Planner Sutter advised the Planning Commission if the additional space can be acquired from the neighboring property, to specify the minimum square footage acceptable for consideration and approval. He added that according to B-3 zoning, the sale of motor vehicles is not a permitted use in this district. It is a conditional use and as such, a Conditional Use Permit would be required. Planner Sutter reiterated that the staff would likely recommend denial of the variance and Conditional Use Permit if such a request were submitted. 5. Discussion Item: Possible request from The Vinland Center to construct a two family group home on currently vacant property at 3200 Douglas Drive North. Planner Sutter stated that the potential applicant had notified him that they were not ready to bring this item to the Planning Commission for discussion. They expect to be ready for a discussion at the August 13' meeting followed by a possible application at a subsequent meeting. Commissioner Magnuson expressed her concern for the item by depicting the location as a dangerous and heavily congested traffic area to build a group home. Commissioner Elsen stated that to her knowledge, the City of Crystal had more than its fair share of group homes in the area. Planner Sutter told the Planning Commission that staff is becoming concerned about the potential for concentration of group homes. He also mentioned that staff is working on an ordinance requiring any new group home be a 1/4 mile or more away from another group home. Commissioner Magnuson stated that the Comprehensive Plan would also support and provide a strong basis on which to reject the request. She pointed out that the subject property has much potential and that there have been and will be many other favorable options to consider. Planner Sutter stated that, based on the initial reaction, he would inform The Vinland Center that the proposed use is not a favorable option among the Planning Commission and to perhaps reconsider moving forward on the request. All commissioners were in agreement to consider a more favorable option for the subject property. 6. Informational Items: City Council actions since last Planning Commission meeting Quarterly Development Status Report 7. Informal Discussion and Announcements Planner Sutter introduced Sara Dietsche, Community Development Assistant, as the new recording secretary for the Planning Commission. 8. Moved by Commissioner Elsen and seconded by Commissioner Nystrom to adjourn. Motion carried. The meeting adjourned at 8:29 p.m. Chair Magnuson Secretary Nystrom M E M O R A N D U M DATE: August 8, 2001 TO: Planning Commission (August 13th meeting — Item #2) FROM: John Sutter, Planner and Redevelopment Coordinator SUBJECT: ITEM CONTINUED FROM THE JUNE 11T" AND JULY 9T" MEETINGS: Consider Application 2001-6 for Conditional Use Permit to allow Motor Vehicle Sales on property zoned B-3 Auto -Oriented Commercial at 5301 Douglas Drive North (P.I.D. 08-118-21-11-0134). Application submitted by National Sales & Leasing (applicant) and Regal Car Wash XIX (property owner). Addition of a motor vehicles sales use (National Sales & Leasing) to an existing building and site that would also continue to be used for a car wash and auto detailing operation (Regal Car Wash). A. BACKGROUND The subject property consists of a single parcel zoned B-3 Auto -Oriented Commercial. The existing operation is a car wash and detailing shop. In April 1998, the City Council approved a Conditional Use Permit and site plan for the construction of a new building addition for the detailing shop. This application also included approval for an oil change business to move into the space formerly held by the detailing shop. However, the oil change business never began operating and as per City code the C.U.P. for the oil change business expired one year after approval. It is this former detailing shop space that National Sales & Leasing is proposing to use along with 29 of the site's parking spaces for vehicle display plus 5 spaces for customers and employees. Motor vehicle sales is a conditional use in the B-3 District. Notice of the public hearing for this application was published on May 30th and was mailed on June 1St to all property owners within 350' of the subject property. The Planning Commission completed that public hearing but continued consideration of the request to the July Stn and August 13th meetings. The following informational items are attached: ❑ plat map showing the location of the subject property; ❑ narratives previously submitted by National Sales & Leasing and Regal Car Wash; ❑ comments previously received from adjacent property owners; ❑ 1998 site plan (showing existing conditions); and ❑ revised parking plan submitted by the applicant. B. STAFF COMMENTS 1. Comprehensive Plan. The subject property is guided for Community Commercial uses. Staff believes that the expansion of the motor vehicle sales use would be consistent with the Comprehensive Plan, if steps are taken to protect the residential properties across Edgewood Avenue to the west and to ensure that impacts such as overflow parking do not spill over onto adjacent public streets. The following are the plan's criteria for Community Commercial uses: These areas are primarily intended to accommodate the full range of nonautomotive retail trade and service establishments and business and professional offices which serve the entire community or subregion. Automobile - intensive uses, such as filling stations, car washes and drive-through restaurants, should require a conditional use permit in these areas. Generally, retail uses are intended to be clustered in shopping center configurations but freestanding buildings are also allowable. Substantial rehabilitation and image enhancement is proposed within Community Commercial areas. Community Commercial areas are also intended to accommodate convenience retail and service establishments which serve the day-to-day shopping needs of surrounding neighborhoods. 2. Zoning and Adjacent Land Uses. The subject property is B-3 Auto -Oriented Commercial. The surrounding land uses are a mixture of retail, office and automotive commercial to the north; multi- family residential and industrial to the east; automotive commercial, office, and single-family residential to the south, and single-family residential to the west. The addition of another auto -oriented use to the site would be compatible with the surrounding land uses only if impacts on adjacent residential properties to the west are minimized and the businesses on the site do not grow to the point that they have to spill over onto adjacent properties or public streets, boulevards and sidewalks. 3. Parking Plan. The following is a summary of staffs analysis of the parking requirements: Regal Car Wash — employee parking 15 + NS&L — employee and customer parking +5 + NS&L — vehicles on display +29 = Total number of spaces = 49 CONDITIONAL USE PERMIT - NATIONAL SALES & LEASING AT REGAL CAR WASH (5301 DOUGLAS) 2 Staff opinion is to allow more than 29 vehicles to be displayed on the site would be a violation of the Zoning Ordinance's requirement for off-street parking. 4. Conditional Use Permit. The following are the criteria from the Zoning Ordinance for the requested C.U.P.: 515.35 Subd. 4(q): Motor vehicle and motorized recreational equipment sales and storage garages accessory thereto provided that: 1) The architectural appearance and functional plan of the building and site may not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. No negative impacts — as long as the impacts on adjacent residential properties to the west are minimized and the businesses on the site do not grow to the point that they have to spill over onto adjacent properties or public streets, boulevards and sidewalks. 2) Approval of a conditional use permit will be based on a specific site plan noting the existing facilities and improvements required to meet the provisions of this Subdivision. The only physical changes would be, as indicated on the parking plan, reconfiguration of some of the curb & gutter, re -striping the parking lot, and installing screening along the west property line. 3) Parking, driving and vehicle display areas shall be hard -surfaced to control dust. Further, these areas must be lined with concrete curb and provided for an on-site drainage system subject to the approval of the City Engineer. New curb & gutter must be minimum b6-12 style. Also, a sidewalk is needed along the east side of the auto sales building so that customers can walk between National Sales & Leasing's office and the customer parking area. 4) A minimum lot area of 22,500 square feet is required. Site area is approximately 58,000 sq. ft., or about just over 1'/4 acres. 5) The lighting must be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or CONDITIONAL USE PERMIT - NATIONAL SALES & LEASING AT REGAL CAR WASH (5301 DOUGLAS) 3 from the public right-of-way and must be in compliance with Subsection 515.07, Subdivision 10 of this Code. Lighting requirements would be addressed by the Building Official if any changes are made to lighting on the site. Special attention must be paid to protection of houses across Edgewood Avenue. 6) The area is fenced and screened from view of neighboring residential uses or if abutting an R District in compliance with Subsection 515.07, Subdivision 9 of this Code. The five homes across Edgewood Avenue are guided, zoned and used for low-density residential purposes and are at the eastern edge of a large, contiguous, low-density residential neighborhood covering approximately 240 acres in Crystal and New Hope. It is critical that this neighborhood be protected from the impacts of commercial uses along West Broadway and Douglas Drive, especially automobile -related uses. Staff believes that this ordinance provision requires that the subject property's curb cut along Edgewood be removed and that a screening fence and shrubs identical to those currently in place be extended to the northwest corner of the subject property. The applicant is proposing to leave the curb cut in place. They would extend the fence and shrubs to the northwest corner of the subject property, but there would be a gap in the fence/shrubs for the curb cut. An opaque gate made out of the same material as the fence would be installed and would be closed whenever the businesses on the site are not open. This would provide screening some of the time but not all of the time. It should be noted that prior to August 1999 the houses on the west side of Edgewood Avenue were zoned B-4 Community Commercial. In August 1999, they were re -zoned by the city from B-4 to R-1. This was done because the homes' property values, quality of construction and level of maintenance and upkeep all suggested that they were not likely to be redeveloped in the future. Another reason for the change is that streets (such as Edgewood) generally make much better boundaries between residential and commercial uses than do rear lot lines. Prior to August 1999, an argument could have been made that the homes across Edgewood did not need protection from commercial uses because they were also zoned commercial. However, now that the five homes are guided and zoned for residential use, the ordinance's requirement for screening must be enforced. CONDITIONAL USE PERMIT - NATIONAL SALES & LEASING AT REGAL CAR WASH (5301 DOUGLAS) 4 7) Vehicular access points may create a minimum of conflict with through traffic movement and shall comply with Subsection 515.09 of this Code. Another reason to close the curb cut on Edgewood would be to prevent cut -through traffic from using residential streets and to deter overflow of parking from the commercial use onto residential streets. Staff concern is that auto -related businesses often rapidly outgrow their sites and start taking up public space to accommodate their growth. This would be undesirable in any context but is particularly undesirable where the auto related use abuts a residential neighborhood. Even after removing the Edgewood Avenue curb cut, the property would still have two access points: One on West Broadway and the other on 53 Id Avenue across the street from another auto -related business. 8) All signing and informational or visual communication devices must be minimized and shall be in compliance with Section 406 of the City Code. The sign regulations will be enforced by the Building Official as part of the sign permitting process. It should be noted that the Building Official has been working with the property owner to bring their existing signage, some of which has never been permitted, into compliance with City Code. 9) Repair or work of any kind on motor vehicles and motorized recreational equipment may not be permitted. The repair or sale of products other than those specifically mentioned in this Subdivision require issuance of individual conditional use permits in compliance with this Code. Consistent with previous C.U.P.s issued for the subject property, the washing and detailing of vehicles is allowed as part of Regal Car Wash's operations. All other types of work on motor vehicles would not be allowed. 10) On-site parking requirements consistent with Section 515.09, Subdivision 8 (d) must be met. As long as there are at least five spaces reserved for customers of National Sales & Leasing, and no less than one space per employee on the maximum shift of Regal Car Wash, the rest of the legally conforming spaces (min. 9' wide x 18' deep) as shown on the parking plan may be used for the display of vehicles for sale. 11) Maximum vehicle or equipment length must be restricted to less than 32 feet unless larger units are specifically approved as a CONDITIONAL USE PERMIT - NATIONAL SALES & LEASING AT REGAL CAR WASH (5301 DOUGLAS) 5 condition of the conditional use permit and provided for on the parking layout. No such vehicles are permitted on-site. 12) The provisions of Subsection 515.53, Subdivision 1 (e) of this Code are considered satisfactorily met. (Added, Ord. No. 88-9, Sec. 1) See below: 515.53, Subdivision 1 (e): The Planning Commission shall consider possible adverse effects of the proposed amendment or conditional use. Its judgment shall be based upon (but not limited to) the following factors: ❑ Relationship to municipal comprehensive plan. The proposed use is consistent with the plan if the residential neighborhood to the west is protected as required by City Code. ❑ The geographical area involved. The use and configuration of the site can accommodate the proposed use but its presence in a transitional area between residential and commercial/industrial uses means that any intensification of uses on the site must be closely monitored. ❑ Whether such use will tend to or actually depreciate the area in which it is proposed. Because the existing property is configured for commercial uses, the proposed use will not likely depreciate the area if the neighborhood to the west is protected with removal of the curb cut and installation of screening. ❑ The character of the surrounding area. The surrounding area is a mixture of uses, some similar to the subject property and others very different. Boundaries between single-family residential and auto -oriented commercial uses are frequently a source of land use conflicts that need to be addressed in advance if possible. An additional concern is the hours of operation. Both Regal Car Wash and National Sales & Leasing have stated that they open no earlier than 8 a.m. and close by 7 p.m. This would be consistent with the protection of the adjacent residential area, and for this reason staff suggests an hours of operation restriction that would prohibit the businesses from operating between 8 p.m. and 7 a.m. ❑ The demonstrated need for such use CONDITIONAL USE PERMIT - NATIONAL SALES & LEASING AT REGAL CAR WASH (5301 DOUGLAS) 6 The Comprehensive Plan recognizes the need for auto -oriented uses as long as they do not conflict with adjacent land uses such as established residential neighborhoods. C. SUGGESTED FINDINGS OF FACT To deny: ❑ Whereas, the request would be consistent with the requirements of Crystal City Code as described in Section B in the July 5th staff memo, provided the conditions in Section D of the July 5th staff memo are met; and ❑ Whereas, among these requirements are 515.35 Subd. 4(g)(6), which states, "The area is fenced and screened from view of neighboring residential uses or if abutting an R District in compliance with Subsection 515.07, Subdivision 9 of this Code"; and ❑ Whereas, to satisfy this requirement, the curb cut along Edgewood Avenue must be removed and the screening fence and shrubs must be extended in a continuous fashion to the northwest corner of the subject property; and ❑ Whereas, the property owner has stated that they are not willing to remove the curb cut along Edgewood Avenue and extend the screening fence and shrubs in a continuous fashion to the northwest corner of the subject property; and ❑ Whereas, the alternative proposed by the property owner in their memo dated July 5th does not fulfill the requirements of 515.35 Subd. 4(g)(6). ❑ Therefore, the requested Conditional Use Permit cannot be approved. To approve: ❑ The request is consistent with the requirements of Crystal City Code as described in Section B above. D. RECOMMENDATION Staff recommends denial of Application 2001-6 for Conditional Use Permit to allow Motor Vehicle Sales on property zoned B-3 Auto -Oriented Commercial at 5301 Douglas Drive North (P.I.D. 08-118-21-11-0134). In the event that the property owner agrees to remove the Edgewood Avenue curb cut, staff would recommend approval subject to the following conditions: 1. No more than more than 29 vehicles for sale or lease shall be displayed on the site, excepting vehicles within the National Sales & Leasing part of the building. This number may be adjusted by staff if site conditions change, but only if all of the Zoning Ordinance's parking requirements continue to be met. CONDITIONAL USE PERMIT - NATIONAL SALES & LEASING AT REGAL CAR WASH (5301 DOUGLAS) 7 2. The parking lot shall be reconfigured and striped in accordance with the approved parking plan, and said striping shall be maintained so that it is clearly visible. This shall include: * closing the curb cut along Edgewood Avenue; " removing the existing driveway apron; * extending the screening fence and shrubs to the northwest corner of the subject property * installing a sidewalk along the east side of National Sales & Leasing part of the building, and extending east to the crosswalk shown on the plan; The Building Official has the discretion to require that a professionally drawn site plan be submitted before the curb & gutter work is initiated (including the removal of the curb cut on Edgewood). The motor vehicle sales use shall not be established until these items are completed. 3. To further protect the surrounding neighborhood, neither business shall operate between 8 p.m. and 7 a.m. This includes deliveries or other activity on the site. The Planning Commission is asked to make a recommendation on the request for City Council consideration. The City Council would consider the request at their next regular meeting on August 21, 2001. CONDITIONAL USE PERMIT - NATIONAL SALES & LEASING AT REGAL CAR WASH (5301 DOUGLAS) 8 567.72 TIMESAVERS .57 SANDWIcH e4 2FV0 ADD, ft 4TH D, z 4 33 Ip WHINNERY TERRACE lb SECOND % ff, 17 ADD. 256. 2 16 -- 40 f5 /3 A HA Q 110) (A D 14 ON 0 (L w N —10 13 A") /J/, 67 2 L f 23.1 �3 7fa (L UJ 7. 4.. I zz i W 0 33.L7 12 4 (0510 . elk 40 -7. 1 IUM 29 N a 1r -Zar t4 0 21 1 (Q 11 9"P, IL 13� 14 11 ^SAGO \6- 01+0 411-14 10 40 /25.6228.15 RAILROAD %Aj Vi LA "1, 3 1.0. 51 ST /-34.Zt 16, 4 1 JaAL 14,43 -7/ 7 A32 Incon uwi - f0i N t0) lay (PI A C 624.75 GLEN a GLEN 05/1 6_eei e3: aF, 472E226 7at'1MY.JAR0Sz FArE e1 AND LEASINQ 8079 J1-FFERSON HWy 9 MAPLE G ROvE, MN 56369.812.42:5.W99 + Fax 612.881.2277 M$y 16, 2001 City of Crystal Crystal, W4 55429 To Whore This 119,ay Concern: This is a propasal for a Conditional Use Permit ,and Sign Permit from the City of Crystal. National ,Sales and Leasing would like to lease used vehiclesand display tivm for sale. The site would be at 5301 Douglas Drive, Crystal, MN 55429. Our hours of business would be, gam to 7pm Monday through Thursday wid 9arn through Spm Friday and Saturday. Sincerely, Y�-� Robert Letendre President "' ""'' ''=-�bAM FROM REGAL OFFICE 676 352 3643 P. 1 REGAL AUTO WASH OPERATION May 24, 2001 Community Development Department City of Crystal 4141 Douglas Dr N Crystal, MN 55422 Dear Sir or Madam: OFFICE The maximum number of Regal employees on each shift is 12 15. The parking plan is the page following. There ar total of 33 parking spaces on the premises. e a Also, the letter you are requesting from the property owner by June 5, 2001, we will comply with this b the deadline. y the The tenant is requesting 5+ spaces, and I believe that with 33 spaces, there will be plenty of room for everyone. Sincerely, A 2�;4 Jerry Bingham Director of Operations 10884 CRABAPPLE RD # 100 ROSWELL, GA 30075 OIJl1l�11✓. /L 7Q\ �Ci -777'1 _ C i' erno To.- Planning Commission - GrystQ1, MN i From: Terry Bingham Date: July 5, 2001 Our Proposal We are rejecting your recommendation for the closure of the curb cut on E'dgewood Ave. It would severely affect the traffic flow and operction of the Car Wash, We are wiping to put up a gate, which will be open during operation hours. We are also Willing to screen the area west oft the building with exception of the curb cut. Thank You . Manager ;errryy 9 n9ham - Director of Operations To:City of Crystal Planning Commision, Council Members and all involved. 6/9/01 In response to Application 2001-6 by National Car Sales and Regal Car Wash for a Conditional Use Permitthe residents of 53rd and Edgewood Avenues ( the neighborhood most affected by this,we are,afterall. DIRECTLY behind said property) request the following restrictions be placed on this business/property: • Curb cut (driveway) on Edgewood Avenue MUST be closed. We ask that the existing privacy fence be continued to/attached to the Super America building with NO openings to allow public access. THIS CONDITION MUST BE MET. • Limit hours of operation: No earlier than 8:00 AM to no later than 7:00 PM Monday thru Saturday.IT IS ASSUMED BUSINESS SHALL BE CLOSED ON SUNDAY. • All deliveries - especially car haulers - shall be made BETWEEN normal business hours with NO on site idiling/oarking/waiting for business to open Also pertains to snow plowing/removal. • No loudspeakers. • All lighting and signage to conform with city ordinance(s). • No parking of "cars for sale" or signage along 53rd or Edgewood Avenues. If the above conditions are met,we feel our neighboorhood shall not be impacted by this matter in a negative way and welcome National Car Sales to this location. Thank You for your time and consideration. i 3bQ E twoo<4 Ave l ���5 6/9/01 To:City of Crystal Planning Commision, Enviromental Depatment, Patrick Peters and council members: We,the residents of 53rd and Edgewood Avenues,hereby petition the City of Crystal to remove the curb cuts (driveways) of both Regal Carwash and Super America accessing Edgewood Avenue. We ask that Regal continue their existing privacy fence on Edgewood Avenue to connect to Super America,with NO access for the public. We also ask that S.A. continue their privacy fence (including around dumpster) to the sidewalk that abuts West Broadway,again with NO access for the public.As the City knows,the noise and traffic caused by these two businesses,along with Market Tire,have created an unbearable situation that is rapidly becoming an unlivable enviroment. We ask that the City act on behalf of it's citizens to el this abusive atmosphere. nate Thank You i 'LSal �i zwao� ,A \ I ♦ n 1 PC9T3 ! m . I \ �\r � I PLAN •/ILA ! 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I°ExA 53RD AVE ;N PLANT -MA12FIAL QJANTITT 31a.• R00T CCMMON NAMG r 1'•'P_ 3QTANIGAL .NAI••! .,•GLR s+NNAu 43 uareR pp 1MIP�ly3 CNI��IJ513 HINT .L{..•3' L...+.1 CI - 16 34• HT. p0T °-+IPPALO .i1NIP!R �`�'.'•1 m 1MIP=tl15 SABINA 31rPA1..;J' . MX :GO. @9ilr. /LJw*iW 90+1. 9MpOm SARK .V.�GN , • I 1 / / RvWTPR(CpNG 3C51-F.4Tly, UHIT3). PILL /WPt..>NnN6 SOIL (ANNUALS BY 0 I'6L N iE'?v�Cc .•I . OGFP TOP zl (SAH CUi X62 .. o _ I OP E(. 91 T. TO RECILVC W-yt 3-613 cUR3 tAP'RCN : N0W CCT1G, m C4 6 s vJ I 6lrrret i a '^ V�I ,r MAT( C+1 F --K. =W - I p ! y l�' " i .• I Q I i + LAVH �-. •\ ? PRCPMRxLINE 9 n,56,3r 7 26426 53RD AVE ;N PLANT -MA12FIAL QJANTITT 31a.• R00T CCMMON NAMG r 1'•'P_ 3QTANIGAL .NAI••! .,•GLR s+NNAu 43 uareR pp 1MIP�ly3 CNI��IJ513 HINT .L{..•3' L...+.1 CI - 16 34• HT. p0T °-+IPPALO .i1NIP!R �`�'.'•1 m 1MIP=tl15 SABINA 31rPA1..;J' . MX :GO. @9ilr. /LJw*iW 90+1. 9MpOm SARK .V.�GN , I hereby certify to Nolionol City Bank of Minneapolls, William G. Uufkens. Regal Cor Wsah %IX Aaaociales L:imi led Par In er ship, a. \ �\ Arizona limited P>rtnefship, TMC Terraplan Mqn .gement Corporation• an Arizona corporation. and Old Republic Motionoi Ti it Insurance Company, oa follows: Thal this ie a Ir'I and \ �\ correct survey of Lot I. Block I, Whinn ery Terrace Second Adai lion, acs, y. ng to Cha recorded pial thereof and oc tion in Hennepin County. Minn ssola, and carr eclly shows the location of oil ..I. Ing buildlnq s, and atruaiur ea, and Improvements on sold \ property; Ihal lh era are no vialble encroachments onto ad JO Vnin9 proper lies, atraels, o alleys by any of the .1 11,9 buildlnq,, strut lures or improvements, olhar than as shown hereon, lhefs are no vlslDls figh'ool-ways or easements on said descr Iliad \ Droperty other than a wn that eon, and there ore no party walls or visibl* encroachmen is onto as id described pr party by 'C•}� c bulldinga. slruclur es, or other impr ovemenls situated on 1 \ O \S adjoining properly, except as shown on said survey. This survey lb as made (1) in accordance with "Minimum Standard Detail \ 1 Req"Ir ,manta for ALTA/ACS M Land. Title Surveys. Jointly \ established and adopted by ALTA and AGSM in 1992. includes items \ I through 4 and 6 through 13 of Table A Thereof, and (if) pursuant to the Accuracy Standards (aa adopted Dy ALTA and AGSM 77 and In of tett on the da,. of lhls cerllli cation) of on Urban 9� DETAIL Sarney. er, All easements, set -back requirements and other matters identified NO SCALE in the till, incur once commitment ..It be show, on lha survey. w 9 09636 CJO �O \ - O1Ai �e awwa 9Q0 g Ov 4 '} Poul GGA''• MCL' *Y ale LITE / Minnesota cen% 16099 ¢ C8 �. . r r1c �/ IRON PIPE) - ___-_-.- it Liw Survey Report 0 - I• All recorded easements and Cil to mal t ers relal Ive to lhl9 41 \ survey are Dar lhnt OIO Republic Title Insur once commitment, PP - BITUMINOUS SURFACE `,, I DRAINAGE ANO TILTIY 0 •• OAF Application aHOR936357C. dal ed September 26, 1997. 1 STORY BRICK v z A•K $ 89"6638" A , 5 EASEMENT PER P 0.t ` FR9 ' •" Y � ---•-- ; I � r <CFq� � 2. A bus bench encr one hes In the southaasl Corner. 131.80 •-- CONC CURB •-_ A I? FRIDGE UNIT 0 LITE \ m - 3. The southerly building encroaches into the setback from 53rd _ r9fy ssi� Avenue North. - - - - - - - CON CUR \ 19r a�.� 4. The curb encroaches into the setbacks along 8roodwoy, along CONC CU R6 -� W the north pr aper l;. tins and along Edg ewootl Avenue Narlh. 10 i 11 STALL !1 dsll-42'0 5. The biluminoua along the weal boundary encroaches Into R-40.00 Edg,wood Avenue North. �L=8.17 6 we have shown narl.d slraclarea ono 1111 a epp on and/or N (� I \ y TpR servingethe site the Desl 04 our abili(y, aubj ecl to Cha - '� V+"�• 'p "r F, Of Iollowing reslrrc'ions. C BITUMINOUS SURFACE�"vrT�.Pz CE a' - 1r1 "� ,• `�wr AI a 40A A.-Ulitity operntore do nal conelslenlly reeDond 1p locale 0/ V I7 21- .,.A Op requ,ala through the Gopher Stole One Cpll service for \ g8"T boundary put Pp,aa such ds this. � � woo e O L ,g h a 1jY 1 NOUS SURFACE \ RET 9•b B. `Those utility operators that do respond, oft, II not _ �� J MALL d locale aery ces from that main I!ne to tha'c el • ' ELEC SIf UO IUfe Or tacit 11 - the consider thea• s CONC mow. 5 A rRu,s eE Y Y steels 1 0% 0 t, prlvalsu io,lollalioty Ihol ars , outside their y Q 65.9 �1 .-.��51 91.001 Jurlad icilon If a pr wale aarvlce to an adIV In CHI Cps L 1 (BION aIle cr ossa, Ihis aIle or o service to thla site ,y �;y SE E95 doss.. n adJolnef, It mpy not be locotad since most { NC o �BEC1 operator cowl I of mark such "pr1 ala" ter vices. •1� �'-•. 'Zj a - Mw18.4b 3" C. Snow ,nd is co di Ci ons during winter loan o f1 EXISTING BUILDING -1 i LINE LOT I, BLOCK I. a m ,,, �._.�R=40. obscure otl las v aible evidence of burme0 B CKERS ADDITION V' g - L=11.70 structure or ti lily BUILDING HEIGHT 14.7 FEET D I a Is r w 3,020%• SQ IT -� I 4 x `, MODs pr ovidtd byoperator.. eilhe ylong with a field location or. II IPsuch a local, re very often in rurote o- cl -_ - E. EXTREME CAU110N MUST PE EXERCISED BEFORE AN EXCAVATION TAKES PLACE Ni OR NEAR THIS SITE. BEFORE DIGGING, YOU 30.40 65.4{ i° ARE REQUIRED BY LAW TOINOTIFY GOPHER STATE ONE CALL AT A X ' CROSS fI✓✓�L x (11•If rAiaHR LEAST 48 HOUPS IN ADVA14CE AT 612/454-0002. O CONC - PLANTINGS 7 4 it Wm 2z 41, ----OVERHANG Ofl` IVETHRU RP _ HEIGHT 14.0 FEET Q ISTRM CB O LITE �: SITE ADDRESSLI:SA�ESCR IN ION W SERVICE 5301 DOUGLAS DRIVE '--� SEweR LOT 1, BLOCK 1, WHINNERY TERRACE SECOND 4$'�l Blrun wOt I ° CRYSTAL, MN 55429 ADDITION, HENNEPIN COUNTY, MINNESOTA. iZi RECORDED NOV. 16, 1988. g y�q• ° CONC a 9H ACKNT - a LOT AREA r" 51.3 EDGE OF BIT . 57,358± SO FT WOOD RET WALL m ( 1.321 ACRES a SETBACKS m~FI I GRASS 4-P-L ANiINcS �+ BUILDING - 22 FT FRONT (WEST BROADWAY) 10 I coNc - w Q 22 FT SIDE (STREET) 3 ryi o GA ® o - 112.0 a 6970 I' d m � 0 FT SIDE (INTERIOR LOT) dl g S �+ 0 FT REAR - METER d u �; z I a PARKING - 5 FT ON ALL SIDES �° m EXISTING BUILDING 4soZONIN p 'Vi. BUILDING HEIGHT 14.0 FEET ° Hv g i=ces2 z I.CONC 7,417E SO FT h-+ �, I° o CON, u z CHPROPERTY IS ZONED B-3 I 4 n l� I o A - HE I GH T 3 JaVJ_K Ati 2.54 112.0 d I i NORTH 3 STORY HEIGHT LIMIT - EC ? _ SEWER NO BULK/COVERAGE RESTRICTIONS DUMPSTER SETBACK UNE METER n _ - - d PLANTINGS WORD - mm SERVICE r WOOD FENCE a 51 3 ° WA(L I 1 0 6 0 20 40 FLOOD -LONE - I HYD i - - - - - - - - - - - - - - - - _ - _ - - _ _ _ _ - - - T.L - - J ZONE 2 (AREA OF MIMIMAL FLOODING) A'., -DRAINAGE AND UTILITY a° o PER COMMUNITY -PANEL # 270156 0002 8 EASEMENT PER PLAT PP EFFECTIVE 6-1-1978 < SCALE IN FEET t1R.1PIP 3 89'66'39" W 2b8.28 --_- PIPE FOUND ---••---' EAST OF CORNER ° d VICINITY MAP CONC CURB I j C 53RD AVE N I I ( � APPROX GAS I I � IPP -PAlu M Gis PP I BEARINGS SHOWN ARE ASSUMED • DENOTES IRON MONUMENT FOUND O DENOTES 1/2 INCH BY 14 INCH IRON MONUMENT LEGEND.1 AND MARKED BY LICENSE NO 16099. ' POWER POLE 9 LIGHT POLE 0 Psi STORM E2 CATCH BASIN HYDRANT I>4 GATE VALVE -a-.- FENCE RETAINING WALL CONCRETE E-- GUY WIRE � � I 1 j I i I I I OCTOPUS CAR WASH axeaiosamaaeR o BILL JURKENS 5301 DOUGLAS DRIVE CRYSTAL ITN 55429 1(,Y.CLetl =1111 11 1 Ill Is i BHERT 'Thrue i 81 BOaNaxn 4URVRY sx Tma susvar ' wrE IaLnsmx- gUAWTr YeNACCYRNT REm.. dr e�sradahrs, � m.. BNIs,m • SvwyMy• Ik,Nam . IwYwIg1,U iUyw. IiixRu-Nb ul,c jnixil-fea�� TITLE SURVEY R�:97186 52-1 I M E M O R A N D U M DATE: August 10, 2001 TO: Planning Commission (August 13" meeting — Item #3) FROM: John Sutter, Planner and Redevelopment Coordinator SUBJECT: PUBLIC HEARING CONTINUED FROM THE JULY 9T" MEETING: Application 2001-8 for Preliminary Plat, Conditional Use Permit and Site Plan Review for development of 14 townhouses on property zoned R-3 Medium Density Residential located at 7221 32"d Avenue North (P.I.D. 20-118-21-31-0005). Application submitted by ZB Companies, Inc. (applicant) and Leon Waters (property owner). A. BACKGROUND The subject property includes a parcel currently occupied by a single family home plus the east half of the unimproved Nevada Avenue right-of-way to be vacated. Gross area is 1.35 acres (1.14 acres for the parcel and .21 acres for the vacated right-of-way.) ZB Companies is proposing to develop the property for 14 townhouse units. The townhouse units would be developed as 7 buildings, each with two units sharing a common wall but being otherwise separate and located on their own individual parcels. The applications submitted are as follows: ❑ Conditional Use Permit to allow townhouses in the R-3 Medium Density Residential District subject to the standards and requirements for a Planned Unit Development. ❑ Preliminary Plat of Valley Place Estates to include 14 privately held townhouse parcels and one parcel held in common. ❑ Site Plan Review for construction of 14 townhouse units (7 buildings with 2 units each), together with private streets, driveways, drainage, landscaping and other site improvements. The Planning Commission discussed a general concept on June 11th; an informational meeting for neighborhood residents was held on June 28th; and a public hearing was scheduled for July 9th. Notice of the informational meeting and public hearing was published and mailed to a 700' radius on June 27th. Because the developer and staff were still working on refinements to the submitted plans, the Planning Commission continued the July 91h public hearing to August 13". Notices of the continuation of the - public hearing were mailed to the same 700' radius on July 5th and August 9th. The following informational items are attached: 1. plat map showing the location of the subject property; 2. letter from the developer; 3. letter from owner of adjacent property; 4. comments from City of New Hope; 5. staff response to New Hope comments; 6. City Forester's memo; 7. survey showing existing conditions; 8. preliminary plat; 9. utility plan; 10. preliminary grading plan; 11. landscaping plan; 12, building floor plan and front building elevation; and 13. staffs recommendation for changes to the plan to preserve a significant oak tree. B. STAFF COMMENTS Existing Land Use. The subject property is guided and zoned R-3 Medium Density Residential. Townhouse developments are a conditional use in the R-3 District if they are developed in accordance with Planned Unit Development requirements. The surrounding properties are guided and zoned for mixture of uses ranging from low density residential to heavy industrial: ❑ North: Twin homes along Nevada Avenue. Guided MDR; zoned R-2 Two Family Residential. ❑ Northeast and East: Single family homes. Guided LDR; zoned R-1 Single Family Residential. ❑ South: Warehouse -type buildings and parking areas. Guided and zoned for industrial uses by the City of New Hope. ❑ West and Northwest: Warehouse -type industrial buildings. Guided Industrial; zoned 1-2 Heavy Industrial. The Comprehensive Plan guides the site for medium density residential uses of 5-12 units per gross acre. The subject property would include 1.35 acres meaning that the number of units to be developed on the site could range between 7 and 16 units. The developer is proposing 14 units (10.4 units per acre). PRELIMINARY PLAT, CONDITIONAL USE PERMIT & SITE PLAN REVIEW FOR 14 UNIT TOWNHOUSE DEVELOPMENT AT 7221 32ND (ZB COMPAINES) 2 The proposal is consistent with the Comprehensive Plan. If the required conditions are met, the development will not negatively impact the adjacent neighborhood. The development would also provide housing options to people who are interested in low - maintenance living and do not need much open space; this is also consistent with the goals of the Comprehensive Plan. Dimensions of Property. The subject property measures 196.56' east -to -west and 299.42' north -to -south, with an area of 58,854 sq. ft. (1.35 acres). The property is currently occupied by a single family house. Existing conditions. The site slopes down in all directions from a high point occupied by the existing house. The developer is planning to remove the existing house and basically level the site. There are 26 significant trees that will be removed but 39 replacements will be planted. One significant tree will not be removed and needs to be preserved; it is a 30" oak located along the south property line near unit #10. Setback Requirements. The setback from the north property line is 30'; the setback from the south, east and west sides of the property is the average building height with an absolute minimum of 15'. These setbacks comply with our PUD standards. Impervious Coverage. With a proposed hardsurface coverage of 48%, the development would comply with the PUD maximum of 50%. (Please note that the deck areas are not being considered impervious because they allow water to pass through the joints between the decking. However, the decks can never be enclosed and the area under the decks must remain free of hard surfacing.) Floor -to -Area Ratio. With a proposed floor -to -area ratio (FAR) of 0.45, the development would comply with the PUD maximum of 0.50 FAR. Open Space Requirements. City Code requires a minimum of 10 percent of the gross project area be provided for private recreational uses. The green spaces around and between the units exceed the 0.14 acre minimum. Staff recognizes that the intent of this requirement is probably to require more amenities than just grassy yards; however, it was probably written in contemplation of larger -scale developments where shared amenities are more necessary and cost effective. It is difficult to justify requiring shared amenities such as playground equipment, outdoor play areas, walking trails, etc. for a relatively small development such as this. In addition, Valley Place Park offers many public recreational amenities that are superior to those found in larger townhouse developments. Proposed Buildings. The proposed development consists of 14 townhouses (single family attached), arranged in pairs sharing one common wall. The proposed units are two stories tall but have a split entry on the side. Approximately half of each unit's lower level will be taken up by the tuck -under garage. The units will have a total of 1,426 sq. ft. of floor area (926 sq. ft. on the upper level and 500 sq. ft. on the lower PRELIMINARY PLAT, CONDITIONAL USE PERMIT & SITE PLAN REVIEW FOR 14 UNIT TOWNHOUSE DEVELOPMENT AT 7221 32ND (ZB COMPAINES) 3 level). The proposal satisfies the Zoning Ordinance's minimum floor area requirement of 900 sq. ft. for ramblers or split entry structures. Each unit would have a 480 sq. ft. two -car garage (not counted in the floor areas noted above). The floor plan for the main level includes an entry, stairs, an open living/dining/kitchen area, one bathroom and two bedrooms. The lower level would include a family room, one bathroom, one bedroom and a closet for a stackable laundry. There would also be a deck on the rear of each unit. Exterior Materials, Walls and Rooflines. The exterior of the building will have vinyl siding with brick on the front (facing the private street). Roofs will be partially hipped and be covered with residential -style shingles. Utilities. All utilities on the site are required to be underground. The development will be served by water and sewer connections in the Nevada Avenue right-of-way to be vacated. No lift system will be required for the sanitary sewer lines on the property. Drainage. All of the paved areas and approximately half of the townhouse roofs will drain into a private storm sewer that will connect into the city's system at 32nd and Maryland. Many of the turf areas will also drain into the storm sewer (via the paved areas) but approximately half the roof areas will drain onto turf areas where drainage will follow the contour of the ground. Staff does not foresee a problem with this because the amount of uncontrolled runoff from the roofs is relatively small (only 500 sq. ft. per unit, about the same as a two -car garage). Because the development site is less than 2 acres, watershed approval is not required. Landscaping. The developer proposes to do significant grading on the site which will essentially level the site and force the removal of 26 significant trees. The developer is proposing to install 39 new trees (17 deciduous and 22 conifers). In general, staff would like to see a greater variety of trees. This site's clay soils will likely become very compacted during construction and as a result the tree size and species should be selected to maximize survivability and minimize transplant shock in these conditions. The proposed landscape plan does not adequately address these concerns and the other issues raised in the City Forester's memo dated July 2nd. For these reasons, staff recommends that no permit be issued for the development until a new landscape plan addressing (at a minimum) the following points has been submitted to and approved by the City Forester: The developer shall agree to: ❑ Remove all burlap and wire during planting from the top and sides of the root ball prior to backfilling. PRELIMINARY PLAT, CONDITIONAL USE PERMIT & SITE PLAN REVIEW FOR 14 UNIT TOWNHOUSE DEVELOPMENT AT 7221 32ND (ZB COMPAINES) 4 ❑ Locate the root flare within the root ball and plant all trees with the root flare at the soil or mulch line. ❑ Cover and water (daily) all tree stock that is stored on site for more than 24 hours prior to planting. ❑ Use an impervious fabric instead of landscaping plastic to allow air and water transfer into the soil. The developer shall not plant Colorado Spruce (Picea pungens) or Sugar Maple (Acer saccharum). The former does not do well in this climate and the latter does not do well in compacted clay soils. Species recommended in place of these are: *Celtis occidentalis (Hackberry) *Betula nigra (River Birch) *Fraxinus pennsylvanica (Green Ash) *Ginkgo biloba (Ginkgo) *Picea glauca (White Spruce) *Quercus bicolor (Swamp White Oak) *Quercus macrocarpa (Bur Oak) *Syringa reticulata (Japanese Tree Lilac) *Ulmus americana 'Liberty' (Liberty Elm) Other trees may also be suitable pending approval by the City Forester. The developer shall modify the location of the silt fence and retaining wall near the 30" oak adjacent to unit #10 so that the silt fence is at least 20' from the oak's trunk and the retaining wall is at least 25' from the oak's trunk. (See attachment #13.) No construction activities shall occur in the area between the silt fence and the oak's trunk. The landscaping plan shall note that all non -landscaped areas must be sodded upon completion of construction. Also, the landscaping plan or utility plan shall show the location of the meter pit for the irrigation system and its connection to the water main. Parking. The Zoning Ordinance requires at least two stalls per dwelling unit. Each of the 14 units will have two garage stalls and two driveway stalls, for a total of 56 "private" spaces in the development. In addition, there will be seven "guest" stalls located south of unit #11, raising the total number of stalls to 63, or 4.5 per unit. Streets. The townhouses will rely on private driveways to gain access to 32nd Avenue North, which is the only public street serving the property. Concrete curb & gutter, minimum b6-12, is required. The private streets will be at least 22' wide face-to-face, with parking prohibited along both sides. West Metro Fire & Rescue has accepted the developer's proposed private drives. Lighting. Staff would like to see freestanding lights of some kind at the entrance to the development (one on either side) plus one at the junction of the two private drives PRELIMINARY PLAT, CONDITIONAL USE PERMIT & SITE PLAN REVIEW FOR 14 UNIT TOWNHOUSE DEVELOPMENT AT 7221 32ND (ZB COMPAINES) 5 within the development (near the southwest corner of unit #11). The developer has stated that they have no plans for freestanding lights but that each unit will have two "coach lights" (one on either side of the garage door) that will automatically turn on at dusk and off at dawn. Furthermore, the owner will not be able turn them off, so they will function more like a public street light than a private door light. The developer feels that these lights will provide adequate lighting within the development. Staff would prefer the freestanding lights in addition to the "coach lights" but will leave it to the Planning Commission to determine if this is something that will be required. Mailboxes and Addressing. At this time, the proposal does not include any mailboxes or addressing plan. Mailbox location(s) will be determined by the U.S. Postal Service and addresses will be determined by the Building Official. Requirements for Final Plat Approval. The City Council will probably consider the Final Plat at the same time it considered the Planning Commission's recommendation. The improvements shown on the submitted plans, including streets, water, sanitary sewer, storm sewer and landscaping will be required as a condition of Final Plat approval. A park dedication fee of $5,600 (14 units at $400 per unit) will be required upon Final Plat approval. C. SUGGESTED FINDINGS OF FACT Based on the items cited in B — Staff Comments, the proposed Preliminary Plat, Conditional Use Permit and Site Plan are consistent with the Comprehensive Plan and Zoning Ordinance provided all required conditions are met. D. RECOMMENDATION Staff recommends approval of Application 2001-8 for Preliminary Plat, Conditional Use Permit and Site Plan Review for development of 14 townhouses on property located at 7221 32"d Avenue North. This recommendation is subject to the following conditions: 1. The developer shall install "No Parking Any Time" signs along all of the development's private drives except for the seven "guest" parking stalls located south of unit #11. 2. Townhouse drives will need to be built to city standards (6" gravel, 2" bit. base, 1'/z" bit. wear). 3. The townhouse owners' association shall be responsible for plowing the private drives, individual driveways and sidewalks. PRELIMINARY PLAT, CONDITIONAL USE PERMIT & SITE PLAN REVIEW FOR 14 UNIT TOWNHOUSE DEVELOPMENT AT 7221 32ND (ZI3 COMPAINES) 6 4. Developer shall grant to the city a permanent drainage and utility easement over all of Lot 15 (the common property). This easement shall be executed and provided to the city before the city releases the Final Plat. 5. For the development to comply with the building height setback and maximum impervious coverage, the areas above or below the decks shall never be enclosed, the floor of the decks shall be constructed with gaps between the boards so it is pervious, and the ground underneath the decks must either have vegetation or be covered with pervious landscaping such as wood chips or loose rock with landscaping fabric not plastic. 6. To better protect the 30" oak on the south property line, the location of the silt fence and retaining wall in the vicinity of unit #10 shall be modified as follows: The silt fence shall be at least 20' from the oak's trunk and the retaining wall shall be at least 25' from the oak's trunk. (See attachment #13.) No construction activities, including material stockpiling and equipment driving/parking, shall occur within the between the silt fence and the oak's trunk. 7. No permits shall be issued for this development until a revised landscaping plan has been submitted to and approved by the City Forester. The revised plan shall address the issues raised in B — Staff Comments above. On the landscaping plan, Black Hills Spruce shall be substituted for Colorado Blue Spruce. 8. Park dedication fee of $5,600 shall be paid to the city prior to release of the Final Plat. The Planning Commission is asked to make a recommendation on the request for City Council consideration. The City Council will consider this application at its August 215 meeting. PRELIMINARY PLAT, CONDITIONAL USE PERMIT & SITE PLAN REVIEW FOR 14 UNIT TOWNHOUSE DEVELOPMENT AT 7221 32ND (Z13 COMPAINES) 7 g .i� EMB. ET � I � D � T -ENG TR Da� '"1 I W S* 2 1 z 5 e 6 M Ol 11D r1! cr.x4 b ee; 4 L3 � 75 Tc n � � fI` 1 5 41 --.05 I 441.oa 3s'3s /n a � � rx161 15 fZo i a 33rd h SAVE. 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W: rt lin Q r �131.46 ,� illyy^ f y� h i•�129.93 1 13/.96 I 46 Z Z $ M„ZP 1 d 4mi j t1J } i- i- w� 14y 'ioPT.or;10` w of h h n h d•70.5 3s i5 2Q �. �? 34 =' 131.94 131.514 ?3 7i ,� i.6 SAS. 99 I10� :owned /Z• do , 6/7.5' 495.71 29 70 70 A a 140.94/ 33I� x/33.29; \ 133.33 or I 2 3 4� ��f) o •, I , OSKIN. ��.�a 3 3.17 x IN N aa 140.32 k- 33.29 �! 6 pp a ni p\ �a.�3 �0 70 13.>z a 18 slu a n+ 420.75 I 3 � • m ' m 1 1 3 14 ROBBINSDAI.£ GARDENS 1 � � r- nryRlo�Enatsy /6b.56 qh�� x9533 I ; �iZ / • • 820.54 1 6 ° 2 1� 2.�fl Aoo. r ci NEW NCP'E 767-67 350 "' M 161r 1 33..9 133, I S o till 7 r • N (' II J „V 133.12 N O� } 0 1 4 a3 a U 00 N r°- 9 r 'LL 0 O Q7 13 f 733•C4 10 ti � � U 2 37•e3 0 co -t° I I + a.: O - Z oNvg /33. Z /JB L� Z.' 3 3 0 W 633.2_ a .� i ST AV E. N. o 9 2 W 349.63 3314 /33Z� > O ^ 33. ZZ 2�2 m o � u 7 4 1 � 4 X57 3a o 5 �� P RANZ /33./; /v.;; 1� ■FN s 'a 0, liCompanies, Inc.. 9201 Medicine Lake Road #106 . Golden Valley, MN 55427 Telephone 612-593-1322 . Fax 612-593-1433 June 18, 2001 Proposed Town Home Development Conditional Use Permit We are requesting a Conditional Use Permit for a proposed 15 unit attached single family town home development. Our 15 unit development has been designed to act as a buffer between the industrial complex located to the south and west, and the single family homes located to the east and west. Our proposed density of 15 homes falls well within the current City Guide Plan. We welcome you to visit our Medley Hills town home site and models located at 9201 Medicine Lake Road Golden Valley. The town home proposal we are submitting will be similar to the Golden Valley project, specifically the brick, siding and shingles . Thank you for your consideration. ompanies, Inc. MG] Mark Wietzke 3137 Louisiana Ave N Crystal Mn 55427 763-541-9792 ? 63 -3111 .-11-3 To who it may concern; I own the property to the east of the proposed "Valley Place Estates" on Nevada Ave. N. I have a few concerns about the project. 1. Water Drainage. I hope the grading will be enough to keep flow off my property. 2. Parking . It appears to me that 7 extra stalls is very minimal for this project. 3. Fence. I would like the proposed fence to be included on my back property line and would like to see the fence raised from 6' to 8' cedar privacy fence. I thank you for looking at these concerns. Sincerely, Al� Mark Wietzke FROM: CITY OE NEW HOPE August 6, 2001 FAX No.: 4401 Xylon Avenue North New Hope, Minnesota 55428-4898 www. d. new -hope. mi. us John Sutter City of Crystal 4141 Douglas Drive Crystal, MN 55422 7635315136 City Hall: 763-531.5100 Police: 763-531-5170 Public Works: 763.533-4823 TDD: 763.531-5109 Subject; Valley Place Estates Project, Nevada and 32nd Avenues, Crystal Dear John: 08-06-01 02:54P P.01 City Hall Fax: 763-531-5136 Police Fax, 763-531-5174 Public Works Fax: 763-533-7650 Our Building Official/Zoning Administrator, Doug Sandstad, and our Assistant City Engineer, Vince Vander Top, have reviewed the revised plans. Comments from Doug Sandstad conclude that most of his concerns from his previous memo still apply. The plans are slightly improved, but not significant, with the elimination of one unit, but they still do not resolve the problems with density. He also suggests allowing for more visitor parking. I have attached his previous memo. The comments from Vince Vander Top are also enclosed. Please take all of these comments into consideration as your Planning Commission considers this development at its meeting. If you have any questions please feel free to contact me at 763-531-5196. Sincerely, i Erin Seem n, Community Development Intern Enclosure; As Stated Cc; Dan Donahue, City Manager Kirk McDonald, Director of Community Development Steve Sondrall, City Attorney Mark Hanson, City Engineer Doug Sandstad, Building Official Planning Case File 01-14 Family Styled City For Family living FROM: CITY OE NEW HOPE /-*N Bone�rysttroo w Rose R4 Anderlik & Associates Engineers & Architects 11,E FAX NO.: 7635315136 08-06-01 02:55P P.02 BOnestrvo, Rome, And*IAk AndASSPVERNT, Inc. is ArTAliinm?Vvy JtryP ✓EquAf Oi,i utti ntfy CA,yiioyd; ane- EA'o" Owned Pri mpida, Otto Doneatroo, P.R. • uarvin L. 3orwaa, P.E. • Glenn R. Cook, P.E. R400A a. Rahwactn. P.E, - Jmry A. Bourdon, P.E. 99rWr 04mulUnta, Robert W. Rwww, P,E, • Jcaa0 C. Anderitk, P.E, . Richard tc. Tibio,, P. L., - Suann M. E"badln, C.P.A. Associsto P*V**le: MOWA d A. R-Kard• P.E.. Keith A., Gordon, P.E.. Robert R, Pf.IfArle, P.E. . Richard W, Fostsi, P.E.. DAYM 0. Lwkota, P,E, . Robert C. Ruagek, A.I.A.. Mark A. Mrnaon, P.E. fAahAal T, RAuttrwnn, P.E.. Tod K. Plaid. P.E.. Kenneth P. Anderson, P.E.. Mark R. Aolfs, P..E. DAvid A. B.~W, M.B.A.. Sill" P. WNllarmon. PA, L.9.. Agnes M. Ring. M.B.A., . Allan HIM Gahl%idt, P.E. pM"C' 5t. Pailt, Rochester, WlUmar and St. Cloud, IAN • Milwaukop, WI WpAdt9_ W-mb neatroa,com TO: Kirk McDonald, Doug Sandstad FROM., Vince Vander Top CC: Mark Hanson, Guy Johnson, Paul Coone DATE_ August 3, 2001 ,SUBJECT: Valley Place Estates, 321"d and Nevada, Crystal our File No. 34 -Gen E01-21 We have received the revised preliminary plans. Our previous comments appear to have been addressed. I . A t►anitary sewer which serves New Hope properties exists in the unimproved I4evada Ave. right of way to be vacated. The sanitary sewer is now shown. This corridnr will also be protected by a proposed 13 -foot wide utility easement. Patios, however, ror the town homes will be constructed immediately adjacent to the easement, 2. The storm water system is not shown with much detail. Il does appear that the stcirm water will be collected on the property and directed towards 32"i Aventie in the City of Crystal. it will not be routed towards the pond in New Hope as was shown in the previous submittal. We have no further comments relating to the proposed improvements. 2335 Wast HighWay 36 • St. P$Ul, )WN 55113 9 651-636-4500 0 Fax: 651-636-1311 FROM: CITY OE NEW HOPE FAX NO.. 7635315136 08-06-01 02:55P P.03 MEMO TO: Kirk McDonald FROM: Doug Sandstad DATE: July G, 2001 R.F.: Crystal "Valley place Estates" Project @ Nevada & 32nd Ave. I have reviewed the full size plan you loaned me this afternoon for the proposed Crystal project and .have several quick thoughts. I understand that it may be tabled by Crystal for one month. A. The Rezoning may not be justified because of adjacent industrial uses and the lack of any buffer or transition to the incompatible land uses. Wide spaces, tall wood fences, berms, blank industrial walls without doors or equipment or traffic, large wetlands, generous landscaping including coniferous trees and combinations Of these can create effective buffers or transitions. Sound walls arc a last resort. B. Both Crystal and New Hope have adjacent industrial buildings and uses. C. The density is 1 dwelling unit / 3200 sq. ft. which New Hope considers "high density". The high density provides a paucity of green space with all of the corresponding implications that relate to recreation, drainage, storage and "livability" issues. D. Our City Engineer has asked for a drainage & utility easement along the west 20 feet of the new lot over an 18 foot deep sewer, but buildings are proposed to be built over 5 feet of the area [ decks ]. E. Process Displays at 7108 31" has much expansion potential near the proposed residential site, because of our modernized standards. They may perceive a property value issue, with new high density residential built next door. See Exhibit "AREA A". F. The proposed multi -story twinhomes will have more exposure to industrial noises, odors and industrial views than a one level building. G. Recent experiences with Noise complaints from New Hope and Crystal residents about nearby industrial uses underscore the need for effective regulations, transitions, architecture and and site design. H. The recent Nevada Court twinhome project of Crystal's on 33rd & Nevada was placed in an industrial ncighborhood Next to railroad tracks and suniniertime noise complaints are being fielded by New Hope staff in the last 2 years. See Exhibit AREA B". I. flay areas are not provided on site, visitor parking is inadequate to meet New Hope standards and buildings appear to be affordable - without amenities. J. On-site ponding is not provided and will have New Nope and Bassett Creek Watershed ramificatiwis. Exhibits "AREA A" and "AREA B" Cc: filc COMMENTS REGARDING THE JULY 6T" MEMO FROM NEW HOPE'S BUILDING OFFICIAL: A. The Property is presently zoned and guided R-3 Medium Density Residential. Townhomes are a Conditional Use in the R-3 District. Rezoning is not required. B. Yes. The site was zoned and guided for higher densities than the surrounding residential areas precisely so it could serve as a transition to the industrial uses. C. Yes, there would not be much green space compared to the adjacent residential properties. However, this is to be expected since the site is guided and zoned for a higher density than the adjacent residential properties. Recreational opportunities are available at the 20 -acre Valley Place Park less than'/4 mile to the east. Staff has directed the developer that drainage of the paved areas must be directed into the Crystal storm sewer system. Storage space is available in the garages of each unit. D. Crystal's engineering staff are comfortable with having a 15' drainage & utility easement along the west side of the development. E. Not sure how this development would create a "property value issue" for potential expansion of Process Displays. If Process Displays has a specific objection or concern then they need to submit it for the Planning Commission to consider. F. Multi -story units are necessary to achieve the level of density for which the property has been guided. Because the abutting properties to the south and west are guided and zoned for industrial uses, and such uses are readily apparent from even a cursory visit to the area, townhome buyers should be aware that their development directly abuts industrial property. G. See "F" above. Townhome buyers need to accept the potential for industrial noise and take that into consideration when deciding whether to buy one of the units. H. We need to know the specifics of these noise complaints before we can use them as the basis for requiring modifications to the developer's site plan. It is likely that no amount of buffering can totally eliminate the potential for industrial noise on the development site. Play areas on site are not needed, because there is a 20 -acre park (including brand new playground equipment) less than '/4 mile to the east. Visitor parking is a concern to Crystal (since the public streets serving the development are in Crystal) but we have no specific requirement for the number of visitor spaces per unit. Staff has suggested that the developer provide at least one visitor space for every two units in addition to the two garage spaces and two driveway spaces per unit. J. On-site ponding is not required because the development site is less than 2 acres. Memorandum Date: July 2, 2001 To: John Sutter, City Planner From: JanQ Burks, City Forester Kelly Yeager, Assistant City Forester] Re: Valley Place Estates Landscaping Recommendations Existing Trees From the proposed plan, it appears that all pre-existing trees will be removed. These include a number of high-value and mature trees. In addition, neighboring trees will be negatively impacted by the severe disturbance called for in the plan. The plan seems exceedingly shortsighted in that no attempt is made for tree preservation. Of particular note are a number of bur oaks at the rear (south and east) of the property that are between one hundred and two hundred years old. One specimen 30" (diameter at breast height) oak seems to fall on the south property line, thus being jointly owned by the neighboring landowner. Under state law, a jointly owned tree may not be removed without both owners' consent. We advise that the services of a certified arborist be enlisted, and that his/her recommendations for tree preservation be followed. New Tree Species Selection In regards to the future landscape plans, we do not feel that the proposed species selection for this site is appropriate given what we know of the current soil conditions and that soil compaction will occur during the grade change and construction. Species that we recommend that are known for doing well in clay compacted soils are: Large trees Medium Trees River Birch Japanese Tree Lilac Ginkgo Black Hills Spruce Bur Oak Swamp White Oak New Tree Size Selection We recommend that all hardwood trees planted be 1-2 inches in diameter and that all conifer trees planted be 3-4 feet tall. This will greatly reduce the time of transplant shock compared to the originally proposed tree sizes. NOTE: The length of transplant shock is calculated in hardwood trees as each diameter inch being equivalent to a year of transplant shock; and in conifer trees as the first 3 feet in height being equivalent to a year of transplant shock with each additional foot over 3 feet in height being an additional year of transplant shock. It has been shown that smaller trees will eventually out -grow larger trees after transplant because of the reduced time spent in transplant shock. In addition, the survivability of newly planted trees is increased when smaller stock is used because of the quicker recovery time from transplant. New Tree Planting If any tree needs to be stored on site prior to planting, efforts should be made to keep the root ball cool and moist. We recommend that all burlap and wire be removed from the top and sides of the root ball before backfilling. Even burlap that is designed to decompose can take five or more years to decompose in compacted clay soils. Leaving the burlap and/or wire can decrease survivability because of root growth interference. Survivability can also be increased by adding composted organic matter to the backfill. Finally, the root flare should be located within the root ball and the trees should be planted with the root flare at the soil/mulch line. This will prevent stem -girdling roots, which have been shown to be a leading cause of mature tree mortality. Al W E a � SCALE /N FEET 1 INCH a M FEET LEGAL DESCR/P7KMJ Me rest 198.56 fbet of Lai $ ROMNSDALE GARDEN$ accard/ng to the recorded plot thereof, Herwmph County/ MkMesot6 1) The orlentatkn of this bearing system 6 boxed an the north Ilne of Blow 1, HOSMS ADOt17w which is assumed to have a bearing of dux East. 2) ExWfing 09/thm services, and underground a0ructurm shorn hereon sere located dthr phy kd/X from existing record; or by rsekent tsst(rnmy and are provided for knformatknd Purposes anly. Other ut►lNee and archer may be present. Verll/mt/an and location of ort uff tfss should be obtained from the owners of the respectrw ut6Rles prior to my eomratfon. J) No (/Gs work was provided for the lueparatlan of this survey to harfty the lagd dssc*(/on or the sslstance of any sosaments or ancumbnmces. SURVEY OF EXISTING CONDI TIONS VALLEY PLACE ESTATES I I I _ - 3 _"BENCHMARK: 92256 (70P NUT) �T — — — — — — — — — CONC. CURB u� -taut. cube -..vim- •�.i.. .. h i .rm 76" PCCP nA7ER MAIN m EAST 196.56 SANITARY SEWER r 32ND AVENUE NORTH LEGEND n POWER POLE ¢ HYDRANT • STOP BOX • TELEPHONE PEDESTAL O MANHOLE 0 GATE VALVE C 6 INCH ASH Co, 8 INCH OAK C -e 10 INCH MAPLE a 12 INCH COTTONWOOD C-4 14 INCH UNIDENTIFIED SPECIES r,e 16 INCH PINE LEGAL DESCR/P7KMJ Me rest 198.56 fbet of Lai $ ROMNSDALE GARDEN$ accard/ng to the recorded plot thereof, Herwmph County/ MkMesot6 1) The orlentatkn of this bearing system 6 boxed an the north Ilne of Blow 1, HOSMS ADOt17w which is assumed to have a bearing of dux East. 2) ExWfing 09/thm services, and underground a0ructurm shorn hereon sere located dthr phy kd/X from existing record; or by rsekent tsst(rnmy and are provided for knformatknd Purposes anly. Other ut►lNee and archer may be present. Verll/mt/an and location of ort uff tfss should be obtained from the owners of the respectrw ut6Rles prior to my eomratfon. J) No (/Gs work was provided for the lueparatlan of this survey to harfty the lagd dssc*(/on or the sslstance of any sosaments or ancumbnmces. SURVEY OF EXISTING CONDI TIONS VALLEY PLACE ESTATES I I I _ - 3 _"BENCHMARK: 92256 (70P NUT) �T — — — — — — — — — CONC. CURB u� -taut. cube -..vim- •�.i.. .. h i .rm 76" PCCP nA7ER MAIN m EAST 196.56 SANITARY SEWER r 32ND AVENUE NORTH n m CONC. CURB I 0 y ' _ �. EAST ----- I I z 4 I _ __ -____ . �I ---_ -'" I11 FXIS77Nd C.- -- x Ce IN 920.__-_ ti � ""f ''� ---------- .10 ----916 ---------------- I�,e :916—� ,we I � a I e fmoo \.J `1•. ' ' % FENfE, C 0-914 leg e `/ — �– N8959tM W C— oar 196.56 _ n m r 0 y rrncc 5 y ®m E1 Al D 20 40 SCALE IN FEET INCH - 20 FEET (22" x 34 " SHEET) INCH . 40 FEET (I I' x 17" SHEET) PLAN5 FOF, VALLEY PLACE ESTATES PROPOSED 15' N00'1825'E 332.47 EA SEMEN T NEVADA AVENUE NORTH N—t5----JAN SAN— S,)N— SAN— -,Al 1 P— -- ---A77— 10' Gr l0, 74 (T) P) W7T C SETBACK –:' I T F53 sq. (t 1,653 sq. ft. 653 sq. ft. 7,653 sq. 't. �j 653 sq. ft 7,65i sq. ft 653 sq. fl sq o, -,J 2b u: 20 n 129 29 0 29 15J. 29 2 1; 29 Or -L co EA SEMEN T T 151 _2 —All �— _ O 9 Igo 9 Fu ZE m �_�653 sq. 1,655 sq. 77 1, 653 sq. /'-1, 653 -��;q. �t.- - 1, 55J sq. ft. 15 C Ict ul 1, 653 sq. ft. FU 10 12, 13 14O (j) CC 57— MIXT, Z� SETBACK 2 9 2 9 SETBACK 2 9 29 EA SEVEN F 299.42 1 133.00 53.00 S00*7825"W 332.42 LIJ t gad gays L LOT 15 SHALL BE COVERED BY A DRAINAGE AND UTILITY EASEMENT IN ITS ENTIRETY ('LOT REQUYEMEMM REAR SE78ACC 15 FT. MINIMUM LOT FRONTAGE J4 FT MINIMUM LOT AREA 4350 sr. 317E DATA 97F AREA - 1.35 ACRES NUMBER OF UNITS - 14 TjF-fi9TY - ICA4 UNITS / A6W OCS77NC ZONING - R-3 PROPOSED ZONING - R-3 DEVELOPER' 28 COMPANIES 9101 MEDLEY ClRaE GOLDEN VALLEY. MN 55427 Pi (76J) 59J-7322 E74QffdEER1MAn`EYOR PASSE ENGINEERING, INC. 1611 HIGHWAY 10 NX SPRING LAKE PARK MINNESOTA 55432 PHONE (76J) 780-4100 PROJECT 2134 COMPUTER DRAWING - 2134R VALLEY PLACE ESTATES P L; I (Ed STING i1. C W s N E 0 30 60 SCALE IN FEET 1 INCH a 30 FEET (22" X 34" SHEET) 1 INCH = 60 FEET (11" X 77" SHEET) PROJECT f - 204 COMPUTER DRAWING - 2134R PLANS FOR: VALLEY PLACE ESTATES MATERIALS SANITARY 8" MAIN — SDR 35 & SDR 26 PVC SERVICE — SCHEDULE 40 WATERMAIN 8" CL 52 DUCTILE IRON PIPE 6" CL 52 DUCTILE IRON PIPE SERVICE — 1 " T iPE K COPPER ALL 8" SANITARY MAIN ® 0.409. C2 W s Al 0 20 40 SCALE IN FEET I INCH = 20 FEET (22" x 34 " SHEET) 1 INCH = 40 FEET (11" x 17" SHEET) FL14NS F0,` VALLEY PLACE ESTATES 6" CEDAR FENCE - CONSTRUCTION SEOMNCE 1) INSTALL PERIMETER SILT FENCE. 2) BEGIN SII7E- EARTHWOORKK.gL' E 57U Ep �OI�� J) EAIBANKM�ITyT ANO SIDE SLIMES NOi1CCIORDANCE W1 TH ON WA JERSHED STANDARDS 4) BEGIN UTCITY CONSTRUCRON. 5) COMPLETE SITE EARTHWORK. 6) COMPLETE UTILITY CONSTRUCTION. 7) RSSE���MTTOY£NpNG ALNOpCHPECK DAMS UPON FINALRACCEPTANCE EOF dIPCA, PROJECT as - 2134 COMPUTER DRAWING - 2134R NEVADA AVENUE NORTH --- —,477— - : __ ..---'= SAN== WTR - - - - 1417R — ZE -Z~T xg�c&Rm ExmR- "O FAOFC ORECINX7 OF FAS -W- ANCHdiALE A�iLDW &w� SOY H /NGT IMI. 17IRM. B Nb! UW. A M' DEPOOWO UPGW CW7MIRAnOK ATTAIN FABRIC M MRC MESA WIN HOG N = S;M POSTS WIN TIE WRES. OR W POSTS WW STAPLES TYPICAL INSTALLA77ON FOR SILT FENCE NOT W SCALE w. Tr11 TYPICAL RIP RAP DETAIL HOT w SCAIE SURRMCUNIABLE CO'JCRFIE LURE �-� 1 !/2- BINNMO- WEAR 10-1 . N" ROT 2331 2" BI— BASE IOWlSE Nn OOI 2331 —�B" CLABS V NOTE: TACK COAT FACE OF CLWCRETC CUT7W.. NOR: THE SMUT SHALL BE L ANFU PRIOR TO W. ACING THF .cl COAL TYPICAL STREET SECTION NOT TO SCALE Mur C3 I PERMANENT SCHEDULE- NOIEB: NOTE& 1) PL 1, N ALL PROPOSED GREEN ARDS DISTURBED DURING p�STRUCPCN AA"�R N R00 OAOJ. gERBEpNNG WORK THE CONTRACTOR ACKN EDGES THE TERNS OF THIS PERMIT AND BE CO P ETHODG A PUCE PLACEMENT ANON D CONSTRUCTION & PONDING AREAS ABOVE NWL AGREES TO ABIDE BY THEM. UI TESTING AS REQUIRED BY ALL GOVERNING TO RECEIVE TOPSOIL, SEED AND MULCH WITHIN TWO WEEKS OF GRADING COMPLE77ON. 2) ALL WORK $HALL CpMPLY 1411H 1HE GUIDELINES SET FLIRTH IN THE UPCAE'S PROTECTCIENG WATER DUALITY IgqNNURBAN SPECIFlCADORE THE CITY AND THE STATE OF MINNESOTA DEPARTMENT AREE�AppS, BEST STORMWATER MANAGEMENT COIJ57RUCilON AC77V]RESAS OF TRANSPOPT4770N. VERIFY LOCATIONS OF UNDERGROUND UTILITIES W 7A7 OWNER FORT 3 THE IMPROVEMENTS INCLUDED ON THIS PLAN ARE PART OF THE ) ALL PROPOSED UTIL177ES ARE TO BE FURNISHED AND PRIOR TO EXCAVAIIOVJ. XC PERMANENT EROSION CONTROL PLAN. MATERIA Or PL APPROVED A NA7ERIALS, METHODS OF PLACEMENT AND JESTING 4) INCLUDING ROU7! E SWEEPING INCLUDE: qqLLLL ffMM CLEANINGEGRIT AS REQUIRED BY THE CITY. B OF WITHIN 2 WEEKS OF IL SHALL SITE GRADING, TOPSOIL SHALL BE SPREAD CATCH BASINS AND DISPOSING MATERIAL dFFSI7C ANY PUBLIC U71LI77CS SHOWN ON THIS OV4 ALL DISTURBED AREAS OF SITE 5) POND MAINTENANCE SHALL INCLUDE REMONNG ACL SEDIMENT AND PUN ARE ONLY APPROXIMATE L..,`U.,LNO ROADWA.,... .KEG ALL AREAS DEBRIS FROM DETENTION BAe N REPAIRING ANY EROSN DAMAGE !N .4 HELY I,_'. P '^ �CJLAP. ;hSPEC., TD R/F`i IN DEPTH AND LOCATION AND MUST 8E VERIFIED B'i THE CONTRACTOR WITH PERENNIAL RYE CRASS AT IHf RA 7E OF 100 LBS/ACRE MULCH ALL DISTURBED PROPER OPERA7)ON bF DENTEN I1gJ BASIN 1N0 STANDING WATER EXCEPT IN DEAD STORAGE AREAS) FURTHER, 07HER U17U77ES MAY EXIST AREAS WITH NND07 TYPE I MULCH SPREAD 6) DURING CON57RUC77LN THE CONTRACTOR SHALL INSPECT THE EN DR£ SITE AT LEA ONCE A W££K AND Fp1 WING ANY AND IT SHALL BE TIE RESPONS SILITY OF 7FlE CONTRACTOR TO OBTAIN THE AT THE RATE OF 1.5-2.0 TONS PER ACRE. MULCH SHALL BE DISC ANCHORED. MEASURABLE RAINFALL EVEF SIGNS CF OSION AND STUNG. WASHED OUT TURF AND 07HER DAMAGED AREAS SHALL LOCA770H OF SUCH. BE REPAIRED IMMEDIATELY. GOPHER STATE ONE CALL SYSTEM 454-0002 PROJECT as - 2134 COMPUTER DRAWING - 2134R NEVADA AVENUE NORTH --- —,477— - : __ ..---'= SAN== WTR - - - - 1417R — ZE -Z~T xg�c&Rm ExmR- "O FAOFC ORECINX7 OF FAS -W- ANCHdiALE A�iLDW &w� SOY H /NGT IMI. 17IRM. B Nb! UW. A M' DEPOOWO UPGW CW7MIRAnOK ATTAIN FABRIC M MRC MESA WIN HOG N = S;M POSTS WIN TIE WRES. OR W POSTS WW STAPLES TYPICAL INSTALLA77ON FOR SILT FENCE NOT W SCALE w. Tr11 TYPICAL RIP RAP DETAIL HOT w SCAIE SURRMCUNIABLE CO'JCRFIE LURE �-� 1 !/2- BINNMO- WEAR 10-1 . N" ROT 2331 2" BI— BASE IOWlSE Nn OOI 2331 —�B" CLABS V NOTE: TACK COAT FACE OF CLWCRETC CUT7W.. NOR: THE SMUT SHALL BE L ANFU PRIOR TO W. ACING THF .cl COAL TYPICAL STREET SECTION NOT TO SCALE Mur C3 I Al O PO f0 F11111611111111 = SCALE IN FEET 1INCH 20 FEET (22' x 34 - SHEET) 1 INCH >• 40 FEET (11' x 17' SHEET) PRIO"T 0 - 204 PLANS FOR: VALLEY PLACE ESTATES - - - -I- - - -I L _ NEVADA AVENUE NORTH WTR WTR WTR KEY QTY. COMMON NAME SIZE y i9\ a 9 - N I.F ii C)_ e I ��ILI1I 10 11 12 13 14 =1 I I—III—III=1 I I -1=I 1- 1I Ma Tnw � �1'i UPv�•s I�(9n�-inr ', I —I' " 6-O' AFTETt MSTALLAPON —M OUf DEADWOOD N®/OR OEPORNEDMIM. DO NOT fM ILADR TR BROKEN � OEAO THMS Ota_Y . IORADE N BROIbN' OOMDIT RELATIOIFiMP TO Y 9HRED0® N%KD�bOD M.ILH d1f ASSEMBLY. 16' p01.YPRWILB!! OR FM19H GRADE -RAGE PLANT TO POLYETMYLBHE (4O ML) 1 - Mm STRIP TT'%PJ BEAR SAME f81.APON6HIP TO BRADE DO.�C STRAND 14 BA. roRE 9 5TEEL 5TAKB9 A9 IH PAbR 6ROWN6 00101TNNL OR 516"' POST5 •1309TAICIN6 01ABMMl - :- F' PLAMINB 90M1 MI%TIRE BUY A9fiET®I.Y CPPONAL BUT LON}RALTOR HSEE SPED. R.LL RE9lU' lBEMLITY POR MNMAININ6 TREE INA MlR III—I PLU'B POSITION POR PC RIRATION OF THE SGAIYm BOTTOM AND SIDES OP 61MRANTEE PERIOD. �E PRIOR TO PLANPW. �}-iEGT E%ISTINB TREE ROOT6. 111 � /�\� N�mero AKE�raP �� BRADE LNwsTax�Bo saL oR caMPAcrm MIN. 4' SNEDDED MARDWC II II I FULL A^AY 6- FROM TRUI = PLANTING SOIL MIXTURE SK 4. OEPM see sFEc. I rLANn"'B soR MXTupB 8171: DATA COMPACTED 501E r _ MOVND Gp nLTED 50N. 1Q II II FY BOTTOM ANO 5 y'_ '; SG.ARIPY BOTTOM AND SIDH a HOLO mA161 !� - is I FE SCARIFY PRIOR TO PLANTING TO MAK MB � LST 30ad FZOR Mid I;J IIJI} v LeowTw,Te sAK+Ns To Of IM19 mrsry - n.i was / wW ,�jI 'ITAKee. - r �i:T 1 /� 'Z'� 9mmm LN019lURB® SOIL oR Ai p am ZpAp - pl.Nj LN015TUR13EQ SOIL OR COMFACTED SU GRADE PLALE TRIM BROKEN .DEAD rn69 OILY. 9' SNREDOm HARDWOOD MRGII —FINISH GRADE - P�.AGE V in BEAR I • _ I— IH�PRI 6IN R b GOh91PoPUNT� Al W� III— Ico = FLAMING SOIL MXTURE � /� eY =III HOLAC IPRWR TOO PLANTIN6.� OF -I III=1u----' wr-wALTED 9ETPHB aED- u9E � �� PLA�P,Nb SOIL U 2 UIDI91UItBED 901E OR ��•�—! GOlNAGTFD °JIMRME ®: ooEgBaa�«n WWF chi .I 5 GDW. 0ai+.IttcRM � -- � � CddaBlBd 5046E O 3 Ras On Pat" , VALLEY PLACE ESTATES a L2 IA� Al�- 4r Z.4 zw' 7z -.w -. �iA i IN Fri r ; f 41ma zt, --f; 7--kF� C.N> it. 7 r '74 rm; - - ----- ZA,�- Wc>7F-1v -tAv TM/ �--1 oG r='4.e-A UA% -7 ffmo-, j� -- _ _ i _ ._.._ _.... __ ._ .... .:.1 �. _....-_. =_Z-._ - _ _ _.. _... .- � _ _• __ - - ._ _ .. J. -i ^'-'"� - _ -�-ems. _. - -.' _ -_ _ ._ - ... __ .. ... _ _ �����111i�fi.ftifii _.._.__�_ . ,..t.l�,�•� t I,. I --.-- ---__ .. __ _..-------_ _-.._ - - - __- f f 1 1 n '.. F -I El Ll -1 F II � r .E - IF IF � _rt.-, r �z � I R'tTi (�7�+ ! 7t7tTi`:T��iii�.uuit fI Fl. � r Ej •-_ �;J ^�-tom i _ rn RETAINING WALL CONSTf UMM sEOUEIVCE 1) INSTALL PERIMETER 9L T FENCE 2) BEGIN SITS' EART740DRK. 3) EMBANKMENT AND ES DE SLO ESDACCO DANS W�7 j WA TERSHED STANDARDS 4) BEGIN UTILITY CONSTRUCTION. 5) COMPLETE SITE EARTHWORK. 6) COMPLETE UTILITY CONSTRUCTION. 7) RF,VOVF Al I ql T nFPnClTr rnnu cY,r,-- M E M O R A N D U M DATE: August 10, 2001 TO: Planning Commission (August 13th meeting — Item #4) FROM: John Sutter, Planner and Redevelopment Coordinator SUBJECT: PUBLIC HEARING: Consider Application 2001-9 for a Variance to reduce the required setback from 20' to 5' for a detached garage facing a public street. Property address is 6702 51St Place North (P.I.D. 08-118-21-13-0015). Application submitted by Brent J. Weyer (applicant and property owner). The applicant wishes to remove an existing two -car garage and construct a 22' x 36' three car garage much closer to the east property line than the existing garage. This would require a variance reducing the minimum garage setback from 20' to 5'. The reason for this setback requirement is to make sure that vehicles parked in a driveway leading to a garage are not encroaching on the public right-of-way. It usually applies on corner lots where detached garages in the rear yard can have access to a street other than the one in front of the house (where a standard 30' front yard setback applies anyway). The following informational items are attached: ❑ plat map showing the subject property and adjacent parcels; ❑ sketch showing the proposed garage plus staff notes showing the current and proposed setbacks; ❑ applicant's letter, Statement of Undue Hardship and unmarked sketch. The subject property is zoned R-1 Single -Family Residential. The lot is 61.5' wide x 110' deep,. The lot complies with the City's R-1 standards for min. depth (100') and width (60') but not area (6,765 sq. ft.). The lot's size and orientation are consistent with others on the same block, except for the fact that it is a corner lot. The surrounding land use is predominantly single-family detached homes. The garage could be built in accordance with the ordinance. The applicant does not wish for the garage to take up as much of their useable rear yard and that is the reason for requesting the variance. The city has not typically granted variances for this reason. There are many corner lots in the city where property owners would benefit from being able to place their garages nearer to the side streets. The subject property is not unique; the only unique feature is the fact that Hampshire Avenue is presently a dead-end street and that may minimize the harm from cars being parked on public right-of-way. However, staff cautions against using this rationale because 51s' Place might be extended in the future between Florida and Hampshire. Section 515.56 Subd. 5 and State law require that an "undue hardship" be present for a variance to be approved. For a situation to constitute an "undue hardship", all of the following three conditions must be present: "The property in question cannot be put to a reasonable use if used as required by this Zoning Code." Staff opinion Is that the property can be put to a reasonable use without the variance. Reasonable use of the property does not require a three car garage and an open backyard. The existing two car garage provides more space than the single car garages found on many Crystal properties comparable in size to the subject. Furthermore, when one owns a small lot and wants to construct a large garage on it, some sort of trade-off (reduction in useable rear yard area) should be expected. "The plight of the landowner is due to circumstances unique to the property and not created b the property owner." The only unique circumstance is the 10' utility easement along the north side of the property. However, the plight is mainly due to the required setback from the side street, not the presence of the utility easement, and the side street setback is not unusual or unique in any way. Also, the plight could be eliminated by renovating the existing two -car garage in its present location. "The variance, if granted, will not alter the essential character of the locality." Other corner lots in the community are required to meet this same setback. Granting a variance will allow a building to be much closer to the street than is typical elsewhere along that street. The current ordinances have been effective at keeping public right-of-way clear which is a legitimate government interest. The city has a responsibility to protect public right-of-way from private encroachments and this applies to dead-end streets as well as regular streets. C. SUGGESTED FINDINGS OF FACT TO DENY The proposed variance will not: ❑ impair an adequate supply of light and air to adjacent property; or ❑ increase the danger of fire or otherwise endanger the public safety; However, it could: ❑ unreasonably increase the congestion in public streets; ❑ unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to the intent of the zoning code. Furthermore, the property is not subject to an undue hardship and therefore the requested variance is not granted. Specifically: ❑ The property can be put to a reasonable use without the variance. Reasonable use of the property exists without the proposed three car garage. It would be a desirable amenity for the current owner and is not necessarily desirable to all. It is certainly not necessary for the property owner to have reasonable use of the property. Furthermore, the owner could build the VARIANCE FROM GARAGE SETBACK - 6702 51ST PL N 2 desired garage in compliance with the setbacks; the garage would simply take up more of the rear yard than the owner would like. It is not appropriate for the city to grant variances solely to enhance rear yard spaces by reducing required setback spaces. ❑ The plight of the landowner is due to the fact that the property it is a corner lot; this plight is shared by nearly every other corner lot in Crystal. The fact that the property owner has the option of renovating the existing two car garage, which would provide garage space comparable to most of the houses in Crystal, shows that this variance is being requested not because there's something wrong with the property but because the owner's desired use of the property is more intense than the property can accommodate. ❑ The variance would alter the essential character of the locality. Granting a variance will allow a building to be much closer to the street than is typical elsewhere along that street. The current ordinances have been effective at keeping public right-of-way clear which is a legitimate government interest. The city has a responsibility to protect public right-of-way from private encroachments and this applies to dead-end streets as well as regular streets. D. RECOMMENDATION Staff recommends denial of Application 2001-9 for Variance from Crystal City Code for a Variance to reduce the required setback from 20' to 5' for a detached garage facing a public street. Property address is 6702 51" Place North (P.I.D. 08-118-21-13-0015). The Planning Commission is asked to make a recommendation for City Council consideration. The City Council will consider the request at its August 21St meeting. VARIANCE FROM GARAGE SETBACK - 6702 51ST PL N 3 52 n3 + AVE _ It Art loafs (114 NOR_ SE 3 --_—__ sSUBDIV SION (7000)LINE ;c 5 0 0 a 17.7 7•1..... t.11'�t• _ � p moo) •� s. .4 Lo • . ��� c. 5 �" tom• i i lis.. a �� 11C a t it �a � 21 AI •- � +ICY { N 11 f.7 a Miffi) S rA LO ti • t. s .fit M 1 V �/ _ o I30 4.5iiS I C0 R li A }f 3c i Lo A I 1 . t, so "45 ' zs cz.s 10 70 �• —AVE- - IL IPS ADD. R '2 �1 6• �$ t�� �, 1 1 /1 ��03 3/ al 115 4r�'\a5 o �K� "' T t .q K.cc 67.77. Ge fe7° 70 ° o 70 7o � •� � f7J1 U.92 67.92 70 00 l`ILAl ��-� A 30 --,- - - — o .. 3.Y3 4: c° co n T' _ ° f°. ijo t7 /Z. Oh, d, w��1 ��, ��� so �► co %���, f•I. � "� Ali. � ., K. f). � !!t. _ � � — Wes—_ _ ---1 x,�.�sater�-mar-�.• �.. ___. sus .... ,. .. • . Request for Variance L 6702 — 51st Place North 77 F7 ME Mal Em IN MEN IN MMIMMEM� 0 NO IN ON IMMEN 0 PRIME ME MINE MINN ME IMOR&IINN 0 110 K -SEN WON INIME INNER CUR S -r. PLACE SCALC C) V-7 `FC A 67?6." r VIE YE R -?6 Oz -si PL C9y5r1II- f -I N ! 5-5-14 2 H: 743- 5- 33 -2 G3 -z ' W.' 763 Brent J. and Deana L. Weyer July 22, 2001 6702 - 515` Place North Crystal, NIN 55428 Home: 763-533-2632 Office: 763-572-6974 City of Crystal Planning Commission and City Council; Project Description This request for variance regards a new detached 3 -car garage at 6702 - 5151 Place North (see attachments), replacing an existing detached 2 -car garage/gravel driveway that were already in poor structural condition when we purchased the property 5 years ago. We request placing the garage 5' off of the property line (20' from the street curb) with a 32' wide paved street entrance. The City of Crystal's Zoning Code prescribes a minimum 20' setback from the property line (35' from street curb) and 24' maximum wide street entrance. In our proposal, 20' from garage -to - curb has been chosen to give sufficient length for parking cars and trucks completely in the driveway, while maintaining the view from our home's north -facing windows and preserving the maximum amount of useable back yard (see attachment "Statement of Undue Hardship"). Located at the comer of Hampshire Avenue and 5151 Place North, this property is bordered by railroad tracks immediately to the north. The garage will be accessed via Hampshire, and will be the last driveway before Hampshire dead -ends at the tracks. The requested 5' setback will not in any way detract from our west neighbor's usability of their land (if anything, it will preserve openness between our back yard and theirs), and will not pose any safety or visibility issues whatsoever, as it is at the end of a dead- end street. Furthermore, 51st Place North is also a dead-end street, so traffic in the general vicinity is light. We are proud to have been residents of Crystal for over five years, and have tried our best to be conscientious neighbors. As we make improvements to our house and property, we try our best to ensure that our improvements also add value to the neighborhood. We sincerely believe our proposal is the best use of our property, and appreciate your time in reviewing this request. Best regards, Brent J. Weyer -01 k vj&r Deana L. Weyer Statement of Undue Hardship (Section 515.6 Subd. 5 Crystal City Code) This request for variance fulfills the three guidelines specified: i.) The property in question can not be put to a reasonable use if used as required by this Zoning code. The requested garage position has been selected specifically to maximize useable back yard and prevent obstructing the view from the home's north -facing kitchen and bathroom windows. If the garage is placed in accordance with the code, The planned 35' wide (east -to -west) back yard will be reduced to a 20' wide "alleyway" The view from the north -facing kitchen window will be fully blocked by the garage The view from the north -facing bathroom window will be partially obstructed by the garage ii.) The plight of the landowner is due to circumstances unique to the property not created by the property owner. The house was built in 1954 and placed on a lot that has limited flexibility regarding garage placement. Few options exist because this is a corner lot requiring two 15' easements for the city (one from the east curb, the other from the south curb), and one 10' easement on the north side of the property granted to NSP (Xcel Energy). The 15' easement to the east of the house requires a lot of land space that would otherwise be usable on a typical lot. iii.) The variance, ifgranted, will not alter the essential character of the locality. The new garage will be built in the same "Cape Cod" spirit as the existing home, and will incorporate a steep roof, double -hung windows, white trim, and gray siding color -matched to the house. The new garage will replace the 40-50 year old garage already on the lot that is in a severe state of disrepair. In addition, I have addressed the four concerns listed in Subd. 3 of the Code: a) Impair an adequate supply of light and air to adjacent property. There is no adjacent property to the north of the proposed garage — it will be the last structure on a dead-end street that terminates at railroad tracks. In this instance, complying with the code will actually "crowd in" on the neighbor's yard to the west. Our proposal gives them more "breathing room". b) Unreasonably increase the congestion in public streets. As mentioned in (a), the proposed garage will be the last structure (and last driveway) on a dead-end street. C) Increase the danger office or otherwise endanger the public safety. I perceive no additional risk with placing the garage closer to the road. d) Unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to the intent of this Zoning Code. This property is located on the corner of two dead-end streets (Hampshire and 5155 Place North), so few properties will be affected one way or the other. It is our belief that replacing the dilapidated, old garage will do nothing but add to the value of this property and the neighborhood. See Subd. 5 section iii and attachments. SCA L 517 YER PL CRy5rAL 1--1 N :5- 5-14 -Z 8 f -1` W>3- >3 -s"33 -2G3-4 W'763-572.76` iA! —DRU tell —1 ij - SrR-r* -FLA 67 SCA L 517 YER PL CRy5rAL 1--1 N :5- 5-14 -Z 8 f -1` W>3- >3 -s"33 -2G3-4 W'763-572.76` Request for Variance 670: — 51st dace North House with Current Garage Brent and Deana Weyer 67021 — 5 I st Place North Crystal. NIN 55428 Home: 763-533-2632 Office: 763-572-6974 Current 2 -Car Garage, looking to the northwest. Pavement in the lower -right of the photograph is Hampshire Ave. Trees behind garage are on railroad property. Driveway intersects street at the very end of the Hampshire (street stops before the tracks). Proposed Garage: 3 -Car Detached Front View Garage as viewed from dead end of Garage as viewed from back yard (Looking Hampshire Ave. (Looking to southwest) northeast) COMMENTS TO CRYSTAL CITY STAFF MEMO Brent and Deana Weyer 6702 - 51st Place North Crystal, MN 55428 763-533-2632 MEMORANDUM DATE: August 10, 2001 TO: Planning Commission (August 13th meeting — Item #4) FROM: John Sutter, Planner and Redevelopment Coordinator SUBJECT: PUBLIC HEARING: Consider Application 2001-9 for a Variance to reduce the required setback from 20' to 5' for a detached garage facing a public street. Property address is 6702 51St Place North (P.I.D. 08-118-21-13-0015). Application submitted by Brent J. Weyer (applicant and property owner). The applicant wishes to remove an existing two -car garage and construct a 22' x 36' three car garage much closer to the east property line than the existing garage. This would require a variance reducing the minimum garage setback from 20'to 5. CLARIFICATION; Our proposed 5'setback is STILL 20 -from the street curb Typical car is about 16' long, Even a full --sized Ford F-250 pickup is less than 18'bumper-to-bumper The reason for this setback requirement is to make sure that vehicles parked in a driveway leading to a garage are not encroaching on the public right-of-way. It usually applies on corner lots where detached garages in the rear yard can have access to a street other than the one in front of the house (where a standard 30' front yard setback applies anyway). The city of Crystal has many examples where the 20- side yard or 30' front -yard setbacks have been waived. • Many of these homes are on busy streets. • Many of these homes are on much larger lois, • Many of these homes have MUCH greater flexibility in the way they use their land, WE HAVE PHOTOS AND ADDRESSES OFA FEW OF THESE PROPERTIES A VAILASLE FOR YOUR REVIEW The following informational items are attached: N plat map showing the subject property and adjacent parcels; N sketch showing the proposed garage plus staff notes showing the current and proposed setbacks; N applicant's letter, Statement of Undue Hardship and unmarked sketch. The subject property is zoned R-1 Single -Family Residential. The lot is 61.5' wide x 110' deep,. The lot complies with the City's R-1 standards for min. depth (100 and width (60') but not area (6,765 sq. ft.). The lot's size and orientation are consistent with others on the same block, except for the fact that it is a corner lot. The surrounding land use is predominantly single- family detached homes. The garage could be built in accordance with the ordinance. The applicant does not wish for the garage to take up as much of their useable rear yard and that is the reason for requesting the variance. The city has not typically granted variances for this reason. There are many corner lots in the city where property owners would benefit from being able to place their garages nearer to the side streets. The subject property is not unique; the only unique feature is the fact that Hampshire Avenue is presently a dead-end street and that may minimize the harm from cars being parked on public right-of-way. However, staff cautions against using this rationale because 51st Place might be extended in the future between Florida and Hampshire. USABLE REAR YARD SPACE IS Oft Y ONE REASON FOR REQUESTING THE VARIANCE We also consider view and safety to be important factors: • VIEW., to be able to see into the near yard from the kitchen window instead of looking into a wall. • SAFETY to be able to see Aaron playing in the back yard from the kitchen (as he get older). Also considering adequate space for play equipment, away from the guy wire. • These are important! THE SUBJECT PROPERTYIS UNIQUE BECAUSE. The subject property IS unique due to it's SIZE, SHAPE, and PLACEMENT. These will be laid out when I discuss section 515,56 Subd, 5, item II I AM NOT PROPOSING TO PARK CARS IN A PUBLIC RIGHT -OF WA X • Furthermore, even if Florida and Hampshire are someday connected, only 3 parcels of land (which are currently landlocked) would require use of the new street. Even if people who live on 51S` Place North use it for access to Douglas, the potential for a busy thoroughfare does not exist given that 5e Place North is a dead-end street. But again, ram NOT proposing to park cars on a public right-of-way. ---End of Page 1--- Section 515.56 Subd. 5 and State law require that an "undue hardship" be present for a variance to be approved. For a situation to constitute an "undue hardship", all of the following three conditions must be present: "The propertjin question cannot be put to a reasonable use if used as required by this Zoning Code." Staff opinion is that the property can be put to a reasonable use without the variance. Reasonable use of the property does not require a three car garage and an open backyard. The existing two car garage provides more space than the single car garages found on many Crystal properties comparable in size to the subject. Furthermore, when one owns a small lot and wants to construct a large garage on it, some sort of trade-off (reduction in useable rear yard area) should be expected. WE BELIEVE THE DEFINITION OF "REASONABLE USE"LIES PRIMARIL Y WITH THE LANDOWNER, EXCEPT IN OBVIOUS CASES OFA PUBLIC NU.LSSANCE, "REASONABLE USE"FOR US INCLUDES; Storage of restored collector's cars that are currently off-site (These cars were willed to me and have sentimental value) Preservation of sight lines into the back yard for safety and light Enough room for Aaron to play safely in the back yard The city code cuts our useable backyard nearly in HALF from the placement we are proposing. (43% REDUCTION!) Furthermore, we're not sure how another person's choice of land use impacts our choice of land use, "The plight of the landowner is due to circumstances unique to the property and not created by theproperty owner." The only unique circumstance is the 10' utility easement along the north side of the property. However, the plight is mainly due to the required setback from the side street, not the presence of the utility easement, and the side street setback is not unusual or unique in any way. Also, the plight could be eliminated by renovating the existing two -car garage in its present location. THE PROPER TYIS UNIQUE BECAUSE; The property does not meet the minimum R-1 area requirements — smallest corner lot on plat attachment • The lot is not rectangular — angled sides limit useable spade, particularly on a lot this small • The 10' utility easement forces the garage to BISECT the back yard (north -to - south) — the garage can not be placed against one edge of the property. (garage must "float"in the middle of the back yard) • This is a corner lot, requiring setbacks from both streets (already mentioned) • We do not have the beneRt of an alley, unlike some of the other corner lots • The property abuts railroad tracks THESE FACTORS COMBINED GIVE US LITTLE FLEXIBILITYIN THE PLACEMENT OF OUR GARAGE The original location of the 2 -car garage was unacceptable to begin with, as it limited back yard use and partially obstructed sight lines from the kitchen window. "The variance, if granted, nted, will not alter the essential character of the locality." Other corner lots in the community are required to meet this same setback. Granting a variance will allow a building to be much closer to the street than is typical elsewhere along that street. The current ordinances have been effective at keeping public right-of-way clear which is a legitimate government interest. The city has a responsibility to protect public right-of-way from private encroachments and this applies to dead-end streets as well as regular streets. • The proposed garage, even if placed closer to the street, will only bean improvement over the previous garage (See photos). • Furthermore, it is our opinion anew garage built to match the house is more attractive than the RR tracks behind it. • Again, I am not proposing to place vehicles in the public right-of-way, • However, having a three -car garage will reduce or eliminate the number of cars in the driveway. C. SUGGESTED FINDINGS OF FACT TO DENY The proposed variance will not: o impair an adequate supply of light and air to adjacent property; or o increase the danger of fire or otherwise endanger the public safety; However, it could: o unreasonably increase the congestion in public streets; o unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to the intent of the zoning code. We submit to you that the garage will not increase congestion in public streets • Ample room in the driveway even for large vehicles • Last driveway at the end of a dead-end street, abutting RR tracks • This statement seems to conflict with finding #2; "will not endanger public safetyry • I submit to you that the garage will not diminish or impair established property values New construction, structurally sound, matched to the house May block people's view of the RR tracks Furthermore, the property is not subject to an undue hardship and therefore the requested variance is not granted. Specifically: o The property can be put to a reasonable use without the variance. Reasonable use of the property exists without the proposed three car garage. It would be a desirable amenity for the current owner and is not necessarily desirable to all. It is certainly not necessary for the property owner to have reasonable use of the property. Furthermore, the owner could build the desired garage in compliance with the setbacks; the garage would simply take up more of the rear yard than the owner would like. It is not appropriate for the city to grant variances solely to enhance rear yard spaces by reducing required setback spaces. WE BELIEVE WE HA VE JUSTIFIED OUR CRITERIA FOR "REASONABLE USE'; It is not reasonable for us to; • Have an unsafe play environment for Aaron • Block the view from our kitchen window • Store collector's cars outside or off-site THREE -CAR GARAGESAREA DESIREABLEAMMENITK MANYNEW HOMES, PAR TICULARL Y THOSE IN THE SUBURBS, ARE NOW BUIL T WITH 3 -CAR GARAGES STANDARD, REASONS FOR THE VARIANCE GO FAR BEYOND "ENHANCING REAR YARD SPACE': They include but are not limited to: • Usability • Safety • View THE UNIQUE CIRCUMSTANCES OF OUR LOT GIVES US LITTLE TO WORK WITH, ---End of Page 2--- o The plight of the landowner is due to the fact that the property it is a corner lot; this plight is shared by nearly every other corner lot in Crystal. The fact that the property owner has the option of renovating the existing two car garage, which would provide garage space comparable to most of the houses in Crystal, shows that this variance is being requested not because there's something wrong with the property but because the owner's desired use of the property is more intense than the property can accommodate. AGAIN, OUR PLIGHT IS UNIQUE BECAUSE; The property does not meet the minimum area requirements (smallest lot size allowable) The lot is not rectangular — angled sides waste valuable space, particularly on a lot this small • The 10' utility easement forces the garage to BISECT the backyard (north -to - south) — the garage can not be placed against one edge of the property. • This is a corner lot, requiring setbacks from both streets (already mentioned) • We do not have the benefit of an alley, unlike some of the other corner lots The property abuts railroad tracks o The variance would alter the essential character of the locality. Granting a variance will allow a building to be much closer to the street than is typical elsewhere along that street. The current ordinances have been effective at keeping public right-of-way clear which is a legitimate government interest. The city has a responsibility to protect public right-of-way from private encroachments and this applies to dead-end streets as well as regular streets. WE SUBMIT TO YOU THAT THE PROPOSED GARAGE, WITH THE PROPOSED PLACEMENT, WILL IMPROVE THE CHARACTER OF THE LOCALITY • The public right-of-way will remain clear • The proposed garage will help screen the RR tracks behind it D. RECOMMENDATION Staff recommends denial of Application 2001-9 for Variance from Crystal City Code for a Variance to reduce the required setback from 20' to 5' for a detached garage facing a public street. Property address is 6702 51NN Place North (P.I.D. 08-118-21-13-0015). The Planning Commission is asked to make a recommendation for City Council consideration. The City Council will consider the request at its August 21st meeting. rV�T_ pLAW Corr" . T--fEYVI *-S- (Dt5C(455-J0AJ 04"LY� LivingWorks Ventures P O Box 308 Loretto, MN 33110 631 762 3333 August 4, 2001 Planning Commission City Of Crystal 4141 Douglas Drive N Crystal, MN 55422 Dear Planning Commission Member, LivingWorks Ventures is please to present to you its project proposed for the vacant lot at 3200 Douglas Drive. Attached you will find background information along with the architectural drawings for the proposed structure. We appreciate your time and interest and look forward to discussing this further with you on August 13"'. Sincerely, Susan Rivard President LIVINGWORKS VENTURES Background Information — Proposal for development of lot at 3200 Douglas Drive WHO WE ARE LivingWorks Ventures is a nonprofit organization, established as a "sister" organization of Vinland Center in 1998 to own and/or manage community-based properties providing low- income, accessible housing and employment for disabled adults. The first LivingWorks Lodge opened in New Hope in December 1998. Vinland Center, the founding organization, has been a provider of rehabilitation services to people with disabilities in Hennepin County since 1976. Vinland Center itself was the result of a bicentennial gift to the United States from the government of Norway. The intent of this gift was to create in the United States a whole person -focused center like that of Beitestolen in Norway. Described as "a place where hope takes root", even today Vinland Center's uniqueness in the rehabilitation field is its whole -person approach. WHAT WE DO LivingWorks Ventures provides permanent, supported, sober housing and employment for adults with disabilities. Houses are called "LivingWorks Lodges" and can accommodate six to twelve residents, providing private bedrooms, communal areas for social interaction and meals, group governance, transportation, recreational activities, independent living skills development, and part- time or full-time employment. The residents personally finance the full costs of operating the house. LivingWorks Lodges are conveniently located near shopping, medical services, and public transportation in safe, quiet residential neighborhoods in the greater Twin Cities metropolitan area. Currently, there is a LivingWorks Lodge in New Hope, which accommodates eight adult men. WHY IT'S NEEDED There is a housinggap in Minnesota for people with mild brain injuries who are in recovery from chemical dependency. In its work in the rehabilitation field, Vinland Center — a provider of services for people with brain injuries — has become acutely aware of the housing needs of these individuals. LivingWorks lodge members are those who need minimal support to stay sober and retain competitive employment. While there are many services available for people who need extensive assistance to live in the community, such as group homes and licensed living facilities, there are very few programs like LivingWorks that help those who need "just a little helping hand" to live and work productively in the community. This is a unique type of affordable, independent housing. WHY IT WORKS LivingWorks Ventures provides low-income, sober community-based housing and services that facilitate: • Sustained sobriety (including a network of sober friends and access to an array of sober leisure activities) • Employment • Meaningful involvement in the community A LivingWorks lodge functions much like a family. Lodge members establish the house r, rules, help each other out, and share chores such as shopping, cooking, cleaning and yard work. A staff coordinator is onsite at the lodge 10-20 hours a week (and is on call when not onsite) to help with house logistics as well as provide support to lodge members individually and as a group. All lodge members are employed, and in fact they must be employed in the community as a condition of lodge residency. Employment is guaranteed at General Mills for those who do not have other job opportunities. LivingWorks Lodges are an affordable alternative to efficiency apartments and rooming houses and provide that little extra support many people with brain injuries need to live and work productively in the community. THE PROJECT LivingWorks Ventures proposes to erect a high quality residence on the vacant lot at 3200 Douglas Drive. The building will be over 5000 square feet in size, the first floor of which will be fully accessible. The total cost of the project will be approximately $1,000,000. This LivingWorks lodge will be home for up to six adults in each of the two units. A two-year exploration stands behind this project. A number of possible sites were investigated, and the lot at 3200 Douglas Drive, ideally situated on a large residential block, was ultimately selected as by far the most suitable. The final steps of the exploration process included an environmental survey, assessment and soil borings to establish the buildable quality of the lot. The results supported the conclusion that this site is very compatible with the proposed structure. Furthermore, this location is ideal for a LivingWorks lodge. The neighborhood is safe, the site is conveniently located to shopping, churches, clinics, and other services, and is on a bus line, making public transportation readily available. Additionally, it is close to the residents' work at General Mills. Recognizing that this project addresses a very real housing need, full funding for this undertaking has been provided by: ■ MHFA (Minnesota Housing Finance Agency) ■ HUD (U.S. Department of Housing and Urban Development) SHP McKinney ■ HOME (Hennepin County) ■ AHP (Affordable Housing Program) ■ AHIF (Affordable Housing Incentive Fund) — pending CONCLUSION The LivingWorks Ventures lodge is an excellent project that provides for significant investment in the City of Crystal by an owner committed to a long-term relationship with the community. The appearance and stability of the new facility will add to the surrounding area's value and livability. 2 DJR Architecture. Inc. a l►..� wl. ili 74 w..7 n w11.Ol4 M k YM 06111 R 0 i 3W-0101 m W H Z W V J Q Z O O � Q Q > Z��77��'' J Z o L.1 i Z O W." n - } CKE0 N - utt 0100W 7/7!/01 100 110. M77. 2"M or DJR Architecture, (Inc V �A� ANYa�s WIC lylulrl�D��Jpingldy, fyL�wl ff h. Iflil JM -04x1 N DR— n fm CHECKED IT u0 Wit ■fU[0 7/71/01 KALI j" 110. OOM A210 ew—W DJR Architecture, (Inc V ..u.. MI. AU14 314 awl a ii ts`xe"-a°31 414 till Cum .. w Cmccm " m arc "AD 7num A220 JUN -05-2001 DJR Architecture, Inc 212 Second Street SE Suite 314 Wnnespoifs, MN 55414 Tel 812392.0431 fax 812-aM2796 1 1 1 �• e����Y•hax� VINLAIND LODGE Proposcd Site Plan DJR Job # 99226 3-20-01 I'=20%0"