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1998.04.13 PC Meeting PacketCRYSTAL PLANNING COMMISSION AGENDA. April 13, 1998 0 Public hearing to consider Application #98-2.9 for 7 ft. 1 in. in the required 10 ft. side street side yard setback for a two car garage at 4532 Florida Ave. N. (applicant Chris Swanson). 2� Public hearing to consider Applications #98-3.3 and #98-3.4 for a site plan review and conditional use permit to allow an oil change/lube center in a B-3 (Auto -Oriented Commercial) District at 5301 Douglas Drive North (applicant Regal Car Wash XIX Associates Limited Partnership, 8630 E. Via de Ventura, #210, Scottsdale, AZ). �3 Public hearing to consider Application #98-4.9 for a 28 ft. variance to build a 16' x 20' detached garage in the front half of the lot at 3432 Kyle Ave. N. (applicant Donna M. Lundquist). 0 Set. public hearing for May 11, 1998, to consider a site plan review, conditional use permit and vaance at 3915 Adair Ave. N. (Fair School). �5. Set public hearing for May 11, 1998, for a variance to build a carport which will encroach in the side yard setback at 4749 Maryland Ave. N. (applicants W. D. and Shirley McClure). 06. Discussion item: Zoning Ordinance regarding setback required between residential and non- residential. G:\PLANNING\PC\SAGENDA.DOC.jrs SEEM= The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Bonnell, Eisen, Kamp, Koss, Krueger, Magnuson, Nystrom and VonRueden. Also present were Community Development Director Norris and Recording Secretary Scofield, Moved by Commissioner Eisen and seconded by Commissioner Nystrom to approve the minutes of the December 8, 1997 meeting. 1, Acting Chair Magnuson declared that nominations were open for officers of the Planning Commission consisting of Chair, Vice Chair and Secretary for the year ending December 31, 1998. Commissioner Eisen nominated and Commissioner Nystrom seconded the nomination of Paulette Magnuson as Chair of the Planning Commission for the year ending December 31, 1998, All those in favor signified by voting aye, those opposed by voting no. Motion carried unanimously. Commissioner Nystrom nominated and Commissioner Koss seconded the nomination of Jane Eisen as Vice Chair of the Planning Commission for the year ending December 31, 1998, All those in favor signified by voting aye, those opposed by voting no. Motion carried unanimously. Commissioner Eisen nominated and Commissioner Koss seconded the nomination of Rita Nystrom as Secretary of the Planning Commission for the year ending December 31, 1998. All those in favor signified by voting aye, those opposed by voting no. Motion carried unanimously. 2. Chair Magnuson swore in the new Planning Commissioner Chris Bonnell. 3. Chair Magnuson declared this was the time and the place as advertised for a public hearing to consider Application #98-13 for the site plan review and Application #98-1,4 for a conditional use pen -nit to allow a gas station and car wash in a B-3 (ALAO-Oriented Commercial) District at 5410 Lakeland Avenue North (Elks Lodge site) as submitted by Holiday Stationsiores, Inc., 4567 West 80th Street, Bloomington, MN 55437, Community Director Norris stated the plan was for a convenience store, gas station and car wash. The convenience store will be located on the eastern part of the site and situated to provide maximum buffering. Car wash will be located on the western part of the site for the least noise impact. The drainage will go into the catch basins on site. Lighting will comply with the lighting standards. Water will drain back into the car wash. Landscaping will consist of at least M 160 February 9, 1998 a two foot high berm and also a double row of fir trees along the eastern property line. Low plantings along CR 81 & Wilshire need to be salt tolerant. The outside of the building will be block and brick construction with a hip roof. There will be a 150 sq. ft. sign on Wilshire Blvd, and the billboard will be removed. Parking on site for 35. Access to the site will be from Wilshire Blvd. The western access will be right -turn -in only and exit through the eastern access back to County Road 81. Mark Nelson, Holiday Real Estate Manager, stated there would be no direct lighting into the residential area, and provisions will be made to control and reduce noise. Noise from the car wash at sixty feet would be 69 decibels which is less than an air conditioner. The following were heard: Peter Gross, 5317 Xenia Ave. N., was concerned with the car wash hours and the decibel rating, what the project will do to home values, more possibility of fire and accidents and increased traffic. Suggested Iron Horse site or across the street not next to homes. Dave, 5249 Xenia Ave. N., was concerned with traffic behind the site, did not see need for gas station and wondered if home owners don't have rights. Robert Carroll, 5241 Xenia Ave. N., was concerned with the blind spot at the corner of Wilshire and Xenia which is a school bus stop, Hwy 81 going north already congested, depreciation and crime coming into community. Kevin Harty, 5709 Wilshire Blvd., stated the car wash would reach 90 decibels and houses within block will hear it. Asked that the station not be open 24 hours per day and change the chain link fence to a privacy fence. Bob Bellos, 6320 Brentwood Ave. N., stated car wash blowers would be 100 decibels inside cut to 85 decibels. Concerned with lighting ordinance. Renee Gross, 5317 Xenia Ave. N., does not want to look at Holiday Station, wants a 4 -way stop, a 9 to 5 business on the site and a look at landscaping along south property boundary. Planning Commissioners responded the property is already commercial, and owner has right to develop it. Wilshire Blvd. is a State Aid road so it is open to commercial traffic including semitrailers, etc. Storage will be inside. Want to know Maplewood store decibel rating, want to certify noise of car wash, check density of berm and amount of illumination if not a 24-hour operation. Moved by Commissioner Nystrom and seconded by Commissioner Bonnell to continue until March 9, 1998, meeting the discussion of Application #98-1.3 for the site plan review and #98- 1.4 for a conditional use permit to allow a gas station in a B-3 (Auto -Oriented Commercial) District (Section 515.35, Subd. 4 b) and c) at 5410 Lakeland Avenue North, P.I.D. #04-118-21- 34-0063 (Elks Lodge site), as submitted by Holiday Stationstores, Inc., 4567 West 80th Street, Bloomington, MN 55437. Commissioner Kamp wanted to amend motion "to continue until March 9" to February 23. Commissioner Nystrom withdrew her motion. February 9, 1998 Moved by Commissioner Kamp and seconded by Commissioner Koss to continue until February 23, 1998, the discussion of Application #98-1.3 for the site plan review and #98-1.4 for a conditional use permit to allow a gas station in a B-3 (Auto -Oriented Commercial) District (Section 515.3 5, Subd. 4 b) and c) at 5410 Lakeland Avenue North, P.I.D. #04-118-21-34-0063 (Elks Lodge site), as submitted by Holiday Stationstores, Inc., 4567 West 80th Street, Bloomington, MN 55437. The following voted aye: Elsen, Kamp, Koss, Krueger, Magnuson and Von Rueden. The following voted no: Bonnell and Nystrom. Motion carried 6 to 2. 4. Informational item regarding the DNR Greenway and Natural Area program. Recommend Hoisington do the Comprehensive Plan Update not relocating the airport. Moved by Commissioner Elsen and seconded by Commissioner Krueger to adjourn. Motion carried. The meeting adjourned at 8:55 p.m. Chair Magnuson 2 rl Secretary Nystrom (i 1PLAXNMGWP 2-98KW..DOC.jrs 161 The special meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Bonnell, Eisen, Kamp, Koss, Krueger, Magnuson, Nystrom and VonRueden. Also present were Community Development Director Norris and Recording Secretary Scofield. Chair Magnuson declared this was the time and the place as advertised for the continuation of a public hearing to consider Application #98-1.3 for the site plan review and Application #98-1.4 for a conditional use permit to allow a gas station and car wash in a B-3 (Auto -Oriented Commercial) District at 5410 Lakeland Avenue North (Elks Lodge site) as submitted by Holiday Stationstores, Inc., 4567 West 80th Street, Bloomington, MN 55437. Community Director Norris stated Holiday addressed the noise, lighting and landscaping the west and southern boundary and up to a four -foot berm next to the residential area. The City's Forester reviewed the plan and approved it as it is difficult to find salt -tolerant plants to put along CR 81. Mark Nelson, Holiday Real Estate Manager, stated they would construct a car wash wall southerly and slightly westerly near Wilshire to deflect noise away from residences. Mechanical equipment will be enclosed next to the convenience store. Lighting will fall within property line. The following were heard: Tim Woodruff, 5316 Xenia Ave. N., was concerned that if a dog barking all night disturbs can call the police but what can be done if noise from car wash exceeds this level? Donald Smith, 5423 Xenia Ave. N., was concerned that the security fence surrounding the property would be maintained --no barbed wire across the top. Asked about the decibel rating from the manufacturer. Tom Jungroth, 5536 Xenia Ave. N., concerned with increased traffic on side streets going to west on Wilshire, Tim Woodruff stated they would like the stop sign back on Wilshire. Ron Anderson, 5438 Xenia Ave. N., questioned whether doors would be open on the car wash and how many condensers --doors would be open and there would be two condensers for the air conditioner and three condensers fbr the refrigeration. Peter Gross, 5317 Xenia Ave. N., stated freezer condensers will be on continuously for defrosting. Some Planning Commissioners wanted to limit the car wash to 7 a.m. to 10 p.m, because of the noise with a 24-hour operation with the condition to look at the operation and noise in a year, Others did not want restrictions on the 24-hour operation. Wondered if doors could always remain closed throughout the car wash cycle. Moved by Commissioner Kamp and seconded by Commissioner Eisen to close the public hearing. Motion carried. Moved by Commissioner Kamp and seconded by Commissioner Koss to recommend to the City Council to approve Application #98-1.3 for the site plan review and 498-1.4 for a conditional use permit to allow a gas station in a B-3 (Auto -Oriented Commercial) District (Section 515,35, Subd. February 23, 1998 1.6 3 4 b) and c) at 5410 Lakeland Avenue North, P.T.D. #04-118-21-34-0063 (Elks Lodge site), as submitted by Holiday Stationstores,.Inc., 4567 West 80th Street, Bloomington, MN 55437. The findings of fact are: 1. The proposed uses are consistent with the Comprehensive Plan in that the area is guided for mixed uses including commercial uses. 2. The site is guided for Mixed Use --County Road 81 3. The proposed use will not depreciate the area in that the property is currently used commercially. 4. The character of the surrounding area is commercial and vacant industrial north of Wilshire and single family residential to the east. 5. The demonstrated need for such use. 6. The proposed use is the redevelopment of an existing commercial site and the proposed use will increase the amount of green space and landscaping on the site. With the condition that Holiday comes back to the Planning Commission and City Council in a year to assess the noise and impact on the area. The car wash will reduce hours of operation from 7 a.m. to 10 p.m., provide enclosure for the condensers, all improvements being implemented with the site plan and permitting gas station and convenience store to operate 24 hours. The Council will look at a traffic plan for Wilshire. The following voted aye: Elsen, Kamp, Koss, Krueger, Magnuson, Nystrom and Von Rueden, The following voted no: Bonnell. Motion carried 6 to 1, Moved by Commissioner Kamp and seconded by Commissioner Koss to adjourn. Motion carried. The meeting adjourned at 8:14 p.m. Secretary Nystrom G:\PLANNfNG\PCa-981viIN2.,I)OC.jrs CRYSTAL PLANNING COMMISSION MEETING MARCH 9, 1998 CANCELLED • • I✓• BROOKLYN PARK BRCONLTN CEYTER _ — — — — — — — — — — — — — — — — — — — `- 1 ______ •... �. New NOPE ii -f E •� y \\, 31 or.rm r :.up. AI :5 0 lam. a� — U 5 _ LAIC Eos 10 I L..,. o Y I I O CITY,�r O 1 jj�j•C���MM—.I''L�y 1 MC I "��—Oj,� ®\ ` C�M4�illi5 «E N .1 C�.•n �l CRYSTAL �C 'tE N LlCS Egg � "11"'.11 //Pfl-EJ-5;-5UE G1 IF ia \. oao o SCALE aoa zoos �~ I I I O � ROBBrNSp.ELE F 7F N1 STM�� M �— ��l - Li E."- PLANNING COMMISSION i I ' _ �'I , o 4/13/98 §I m F J1 u3s--, R- DiLi L I %r I I .wl.n. CRr5T1L I ' I I / .... .... I�11.1 N I ' IN E-- _ j�yl �I ROBBIN$CGLE / I y� c �I aVU IL. 2 -- 3111 `N , 3I y u.—I ., � a - J GOLJEY VALLEY i F— �; II I i FF —_ — i I' I d q I,o y �i Ii SII � i�-- - New NOPE ' GOLOEN vALLEY N. M E M O R A N D U M DATE: April 7, 1998 TO: Planning Commission FROM: John Sutter, Planner and Redevelopment Coordinator SUBJ.: 4532 Florida Ave (P.I.D. #08-118-21-44-0133) Application 98-2.9: Request for a variance from 515.13 Subd. 3(a)(2)(i) (The requested variance would reduce the required setback for a side street side yard by 7.1 feet, from 10 feet to 2.9 feet, to facilitate the construction of an attached 18' x 22' garage) A. BACKGROUND Chris Swanson has requested a variance in order to construct a two stall attached garage (18' wide x 22' deep). The subject property is zoned R-1 Single -Family Residential. Because it is a corner lot, the property is subject to the requirement for a side street side yard of 10 feet for that portion of the lot along 45th Avenue. The Zoning Ordinance requires a minimum side street side yard of 10 feet. The requested variance would reduce this by 7.1 feet resulting in a garage setback from the property line and 45th Avenue right-of-way of approximately 2.9 feet. The following informational items are attached: ❑ letter from applicant ❑ area map showing the general location of the subject property ❑ site plan showing the existing house and proposed garage addition. B. STAFF COMMENTS 1. Overview It would be difficult to build a detached garage in the rear of the lot because of the unusual topography of the lot. This lot is relatively level for the front 50 feet and then drops off approximately 8-9 feet. The lot continues to slope to the northeast corner where there is a storm sewer catch basin. The house utilizes this slope with a walkout basement facing east towards the rear of the lot. The applicant believes that the only workable option for building a double garage on this lot would be a variance from the side street side yard requirement. The front of the house is set back 30.5 feet from the property line along Florida Avenue; the proposed garage would be set back an additional 4 feet, for a total of 34.5 feet between the Florida Avenue right-of-way and the front of the garage. There are good rationales both for denying and granting a variance. The basic rationale for denying the variance is that the applicant could construct an attached single stall garage up to 10.9 feet wide in conformance with the Zoning Ordinance, and that this shows that the request does not meet a strict interpretation of "undue hardship" as described in the Ordinance. The basic rationale for approving the variance is that the topography of the lot is not typical throughout the City and that the variance is therefore necessary for the property owner to enjoy the same rights as other property owners with similar -sized lots in the same zoning district. 2. Neighborhood Characteristics Houses in the surrounding neighborhood have a mixture of attached and detached garages, with detached garages being more common. The size and shape of the subject property is typical for the surrounding neighborhood; however, the topography of the subject property is not. 3. Precedent The Planning Commission has in some previous cases found that an undue hardship exists due to topographic limitations which are not typical throughout the City or a particular neighborhood. C. SUGGESTED FINDINGS OF FACT 1. Findings to Deny If the Planning Commission wishes to deny the variance it should do so on the basis of hardship, as follows: There is no finding of hardship to support the variance because: ❑ a single stall garage could reasonably be installed in conformance with the setback; and ❑ the plight of the landowner is not unique in that there are lots at other locations in the City with similar topographic limitations. 2. Findings to Approve If the Planning Commission wishes to approve the variance it should do so based on the following findings: VARIANCE - 4532 FLORIDA 2 The property is subject to an undue hardship and should be granted a variance as requested, because: ❑ the hardship is caused by unique topography of the lot, which is not typical of other lots of similar size and shape in the City; ❑ the plight of the landowner is unique to the property and not created by the landowner; ❑ the variance will not alter the essential character of the locality; and ❑ the variance will not impair an adequate supply of light and air to adjacent property, nor unreasonably increase congestion of public streets, nor increase the danger of fire or otherwise endanger the public safety, nor unreasonably diminish or impair established property values within the neighborhood, nor in any other way be contrary to the intent of the Zoning Ordinance. D. RECOMMENDATION Staff recommends approval of application 98-2.9, 4532 Florida Avenue, a request for a variance of 7.1 feet to reduce the required side street side yard from 10 feet to 2.9 feet, based on the above findings and with the following stipulations: 1. This variance shall be limited to that portion of the required side street side yard in which the encroachment is necessary to construct the 18' x 22' attached garage. The remaining portions of the required side street side yard shall continue at 10 feet. 2. The applicant shall neither place nor allow to be placed any visual obstructions in the 25 foot sight triangle as described in 515.07 Subd. 8(b). 3. The applicant shall utilize the existing driveway approach. Any new driveway or enlarged approaches, now or in the future, shall be constructed in accordance with the standards of the City's Public Works Department. 4. In the event that the placement of fill and/or the construction of a retaining wall become necessary to install the garage, the applicant shall provide engineering information and shall take any remedial action required by the building official to insure that the fill and retaining wall will support the garage. Planning Commission action on the variance is requested. The City Council will consider final action on the variance on Tuesday April 21s`. VARIANCE - 4532 FLORIDA 3 2/25/98 City of Crystal, I am writing this letter to explain the need for a variance to build an attached 2 car garage on my home at 4532 Florida Ave N in Crystal. Enclosed you will find an "as built " survey of the home in relation to the property -lines. As you can see, the home is roughly 21 feet from the south property line. The home is on a corner lot with the cross street (45th Place) being a low traffic culdesac. The back yard of the home has a fairly severe slope to the north and to the east . This makes it almost impossible to build a garage in the back yard because of the steep slope needed for the driveway combined with our Minnesota winters. What I am proposing to do is build a small 18 by 22 foot attached 2 car garage that would extend 18 feet south from the home. This would leave me 2.9 feet from the south property line thus my need for a variance from 10 feet to 2.9 feet. The garage would then be 17.9 feet from the 45th Place curb and 49 feet from Florida Ave. leaving plenty of visibility for the westbound 45th Place and southbound Florida Ave traffic (which has a stop sign). The need for a 2 car garage is great. My fiancee and I have 3 cars and a motorcycle. A 1.5 car garage would not leave enough room and I would still need to park 2 cars in the driveway or on the street. A 2 car garage would also increase the value of the home more than a 1.5 car garage thus increasing the City of Crystal tax base. Your new Crystal resident, Chris Swanson 4532 Flirida Ave N Crystal, Mn 55428 } 3. 133.5 �„ toLSd ` :_J 3.6 137.81 IL.3 7d to 95 .7 7 9 1 7 10 7 rZSZ3)�I(28Z2)b (2821) 33.52 J 52 12.32 31,32 {� c- o Z7Ac. a. 3.i Ac. I g r. s p� 33.E3 ►e 1 ° 0 z Ac. �0 5 3 /i 60 32.33 0 "` 1 24.59 71 i_ 175 77 6243 6Q 60 60 -AS 62.43 68.45 54 61.22 61.13 ie.45 bt ••45 62 GO 14245 61.2i GL 2/ ^L E� c ��1 7)� InsIt v 601 ;�� , r �i b, as : 1 a H Clbj • t 22.51 c/ 6/, 0 fa, s2 6/.26 61.2E 1 y { li 26 61.21 G/Z6 61.26 1.26 6 4+.16 !,/,tG GL lLYG I22. 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Existing Home With Storage Shed 0 ono Proposed 2 Car Attached Garage MEMORANDUM TO: Planning Commission FROM: Anne Norris, Assistant Manager DATE: April 6, 1998 RE: Applications for Site Plan Review, Conditional Use Permit for an Oil Change facility at 5301 Douglas Drive submitted by Regal Car Wash BACKGROUND Regal Car Wash purchased the former Octopus Car Wash at 5301 Douglas Drive North. Regal will continue the car wash operation e the detad is il�ning to opera operation. The building where (2600 sq. t.) addition to the car wash building to house g the detailing is currently done is proposed to be converted to an oil change facility. ,-. Parking for the use will be provided along fr Douglas t Broadway across he serty ite tot ee Stacking space for the facility is shown entrances. The oil change facility is considered minor auto repair and requires a conditional use permit. The oil change facility will have 2 bays with 2 garage doors. Conditions which must be met for this use are in section 515.35, Subd. 4 (c) and include: - architectural appearance must be similar to existing buildings; - site must be at least 22,500 square feet and 150' x 130'; - curbing is required to separate sidewalk from vehicle service areas; - lighting cannot shine directly on to adjacent residential properties; - at boundaries of residential district, at least a five foot strip shall be landscaped; and - no outside storage is permitted. A site improvement agreement will be required for this project and will include: - landscaping along West Broadway, Douglas Drive and Edgewood--The City Forester will make recommendations fro this landscaping; - dumpsters and trash containers will be enclosed in an enclosure to match the buildings; - there will be no outside storage of any equipment or materials; - poured -in-place curbing will be installed along the perimeter of the site; and the blacktop on the site will be overlayed. The proposed addition will be constructed of materials to match the existing building and will have one additional garage door. The pylon sign face will be conforming with the area requirements (450 sq. ft.) however, the sign pole is non -conforming as it is closer than 10 feet to the property line. Regal Car Wash is aware the pole will need to comply with the setback requirements by the end of the sign ordinance amortization period. RECOMMENDATION Recommend approval of the site plan and conditional use permit for an oil change facility at 5301 Douglas Drive; execution of a site improvement agreement is required. i:comrndev:regaLdoc General Notes 1 Y,teu TO "i+E Com'• w.5.. IS -f RK P�N�n•nfd K L1.LT'nty ',7{7P•INIA („ONY!}\�;(TIpN. (,p }I.LTOf+ /'ILI.D vLhlfT bat. ,,.g NLr CDNLI?.CNy NOTE &my OKaGKfLNLItt wiTM p� pwwb+ p/ti Phcn ITt CT: J 7MIrLGr PSL. SThuLNf+LS. Vn t2, pf,w ts, Woiv.s. eTE. TnPT PKC 'b EHbN . 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I'.,�..:a '_ I _- �i�Il I ( I._ - - (n �� -1 f UNISEX TOILET ALT. #1 1,u; 7 II C- L11 .I n�C'N SZSL.L iI �1: 4 L maw m 1f2- sLA� � I gI _ I � � i �j^o F��� ` 2 T I -EL SASE 51 �s b' r-o-, Ig'-s AMrpo jQ— l.� �p-0. 1'_T' eQ' .t-i icy 14. o_t_�;.-4•nnc 4�d L_Q. uj z t11 3 yj EIOUVIM 1 ( NI I tiMW 9F..H S TAAY I.Vo"K 108'4' NFT v"i Z I' mecn. o •� � U2 b s r = j If Q WIN.^cr/ - _ _ - _ -- - - - _ _ - - z Q , c a M Isr.—c.,'•'c:...-Auv� eelrynw OI�AE4. - FIEtD ve4F`I exler �. aueu.— e�ew v�tiN � cal+n..kG a.:nca� — weiv vEciry � 46' C7- J h ��FLOOR PLAN FJ 3'SECTION FASTIWEST A 3 2 ' E TION NORTH/SOUTH -7: M E M O R A N D U M DATE: April 6, 1998 TO: Planning Commission FROM: John Sutter, Planner and Redevelopment Coordinator SUBJ.: 3432 Kyle Ave (P.I.D. #07-029-24-12-0204) Application 98-4.9: Request for a variance from 515.07 Subd. 5(c)(1) (The requested variance would reduce the required front setback for a detached garage by 28 feet, from 64 feet to 36 feet) A. BACKGROUND Donna Lundquist has requested a variance in order to move an existing 16' x 20' garage onto the subject property, which is zoned R-1 Single -Family Residential. The Zoning Ordinance requires detached accessory buildings to be in the rear half of the lot. The depth of the subject property is 128 feet; thus the required front setback would be 64 feet. The requested variance would reduce this by 28 feet resulting in a garage setback from the property line of approximately 36 feet. This request is somewhat similar to those approved for detached garages at 3126 Hampshire Avenue in July 1995 and 5716 Brunswick Avenue in August 1994.The subject property is guided for MR Medium Density Residential. It is zoned R-1 Single Family Residential and is located in a predominantly single family neighborhood. The following informational items are attached: ❑ area map showing the general location of the subject property ❑ site plan showing the existing house and proposed garage B. STAFF COMMENTS Overview It would be difficult to build a detached garage without a variance because of the slope of the lot. The lot slopes sharply to the rear of the lot and would require considerable fill and other corrections to build a detached garage and meet the setback. The front of the house has different segments, each of which is set back from the street a different amount. The portion of the house closest to the street has a setback of 28 feet from the front property line; the portion furthest from the street has a setback of 36 feet from the front property line. The site plan submitted with the request shows the garage to be installed so that its front side would be in line with that portion of the front of the house set back the furthest from the street. There are good rationales both for denying and granting a variance. The basic rationale for denying the variance is that it would be physically possible for the applicant to install the garage in conformance with the Zoning Ordinance, and that this shows that the request does not meet a strict interpretation of "undue hardship" as described in the Ordinance. The basic rationale for approving the variance is that the topography of the lot is not typical throughout the City and that the variance is therefore necessary for the property owner to enjoy the same rights as other property owners with similar -sized lots in the same zoning district. 2. Neighborhood Characteristics Houses on the block typically have either attached garages or garages located behind the house. It is important to note that the house directly north of the subject property (3436 Kyle Ave) has an attached garage which, as part of the principal structure, is subject to a front setback of 30 feet. The required setback for detached garages is significantly greater (typically 64 feet on the block) 3. Precedent On July 18th 1995, the City Council approved a variance from the same regulation for a house at 3126 Hampshire Avenue; this variance reduced the required setback for a detached garage by approximately 25 feet, from 67.5 feet to 42.5 feet more or less. This request was very similar to the present one, except that the 3126 Hampshire request placed the garage approximately 13.5 feet forward of the house; the present request places the garage approximately 8 feet behind the house. On August 16, 1994, the City Council approved a variance from the same regulation for a house at 5716 Brunswick Avenue; this variance reduced the required setback for a detached garage by 20.7 feet, from 66.9 feet to 46.2 feet. This request was very similar to the present one, especially since the 5716 Brunswick request placed the garage approximately 11 feet behind the house; the present request places the garage approximately 8 feet behind the house. C. SUGGESTED FINDINGS OF FACT 1. Findings to Deny If the Planning Commission wishes to deny the variance it should do so on the basis of hardship, as follows: VARIANCE - 3432 KYLE 2 There is no finding of hardship to support the variance because: ❑ a garage could reasonably be installed in conformance with the setback by modifying the grade of the site; and ❑ the plight of the landowner is not unique in that there are lots at other locations in the City with similar topographic conditions. 2. Findings to Approve If the Planning Commission wishes to approve the variance it should do so based on the following findings: The property is subject to an undue hardship and should be granted a variance as requested, because: ❑ the hardship is caused by unique topography of the lot, which is not typical of other lots of similar size and shape in the City; ❑ the plight of the landowner is unique to the property and not created by the landowner; ❑ the variance will not alter the essential character of the locality; and ❑ the variance will not impair an adequate supply of light and air to adjacent property, nor unreasonably increase congestion of public streets, nor increase the danger of fire or otherwise endanger the public safety, nor unreasonably diminish or impair established property values within the neighborhood, nor in any other way be contrary to the intent of the Zoning Ordinance. Note: If the variance is granted based on these findings, the Planning Commission should consider amending the ordinance with regard to the requirement that detached accessory buildings not be located in the front half of the lot. Staff has questions regarding the purpose of requiring a greater setback for detached accessory buildings which otherwise meet or exceed the setbacks required for principal buildings. D. RECOMMENDATION Staff recommends approval of application 98-4.9, 3432 Kyle Avenue, a request for a variance of approximately 28 feet to reduce the required setback for a detached garage from 64 feet to 36 feet, based on the above findings and with the following stipulations: 1. The front of the garage shall not be any closer to the street than the front wall of the - house furthest from the street. The garage shall also be located in a way which complies with the yards and setbacks required for a principal structure. In the event VARIANCE - 3432 KYLE that the location of property lines cannot be reasonably determined based on existing information, then the building official may require additional information, such as a Certificate of Survey, to be provided by the applicant at the applicant's expense. 2. The applicant shall construct a new hard surfaced driveway, including removal of any poor soils and replacement with sufficient base material. 3. In the event that the placement of fill and/or the construction of a retaining wall become necessary to install the garage, the applicant shall provide engineering information and shall take any remedial action required by the building official to insure that the fill and retaining wall will support the garage. Planning Commission action on the variance is requested. 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Attached please find a Notice of Neighborhood Meeting (to be held on April 15th) and a copy of an informational brochure on this proposed project. This information was mailed to adjacent property owners on April 3"d The project as proposed will require a site plan review, a conditional use permit and a variance. The Planning Commission is asked to set a public hearing to be held at the May 11th meeting for these expected applications. CITY 'CRYSTAL 4141 Douglas Drive North • Crystal, MN 55422-1696 NOTICE OF NEIGHBORHOOD MEETING The West Metro Education Program (WMEP) is proposing a Fine Arts Interdisciplinary Resource (FAIR) School at the site of Fair School, 3915 Adair Avenue North, Crystal. A neighborhood meeting to introduce the plans will be held: Wednesday, April 15, 1998 7:00 p.m. Fair School Gymnasium 3915 Adair Avenue North The proposal includes the demolition of the existing building and construction of a new facility that will accommodate up to 560 students in grades 4 through 8. Arts to be emphasized include visual arts, media arts, literary arts, theater arts, dance and music. Funding for this school is provided by the state; no local school district dollars will be used. Enclosed is a brochure with more information on this project. Representatives of WMEP, the architects and City staff will be available to answer your questions on this proposal. Please plan to attend; for further information, call Anne Norris at 531-1140. The Crystal Planning Commission will hold a formal public hearing on this proposal in early May. K\planningVaimeig 'this quotation by Elbert Nub )nlcl he the description for the proposed FAIR (Finc Arts Inicrdisciplinaly Resource) School. At FAIR, we intend to use the arts as the trot• we teach with the various arts disciplines interwoven into every subject, every class and the very fabric of the program itself. "Art is not a thing, it is a way." *1 A FAI R Fine Arts Interdisciplinary Resource School The interior of MIR .School will be designed wilh plenty of open spaces and natural lighting. further information is available by calling George Dllquist, project director. 11 (612) 504-4800 1# 'FAI R Fine Arts Interdisciplinary Resource School Fine Arts Interdisciplinary Resource School FA�l R Fine Arts Interdisciplinary Resource School 3,gln School is a project of the West Metro Education Program (WMEP). This is a collabora- tive effort between nine school districts: • Brooklyn Center • Columbia Heights • Edina • Hopkins • Minneapolis • Richfield • Robbinsdale • St. Louis Park • St. Anthony/New Brighton The primary goals of WMEP are: • To create multicultural exchanges for teachers and students. • To create prototype schools that model interdistrict cooperation, collaboration and integration. • To help share curricular expertise. • To explore and refine delivery systems improvements. Yin is being planned for 560 students in grades 4 through 8. The curriculum is being written to address the Minnesota State Graduation Standards and the Profile of Learning. FAIR will specifically be designed as a performance-based school. Arts that will be emphasized at FAIR are visual arts, media iterary arts, theater arts, dance and music. esigners are planning for this program to in 1999 or 2000. It will be a program and eager for the 21 st century. ■ FAIRFine Ails rci Resource School Oefore being named 3AW, the proposed school was referred to as the Northwest Suburban Magnet. This project has been supported through grants awarded by the State of Minnesota Department of Desegregation. A committee of 26 parents, teachers and administrators from the WMEP districts has been working on this project for over two years. Currently, there are two separate committees planning the arts interdisciplinary curricula and the building in which the program is to be housed. This building will be located within the Robbinsdale Area School District in the city of Crystal. MEMORANDUM TO: Planning Commission FROM: Anne Norris, Assistant Manaver DATE: April 6, 1998 RE: Setback Requirements Between Residential and Non-residential Uses BACKGROUND In recent proposals, the Planning Commission has considered non-residential uses next to single family residential uses. The Commission has discussed reviewing setback requirements. Currently, Crystal's ordinance. requires side yards between single family,or duplexes and other uses to be 15 feet. Other communities' requirements vary: Fridley: 30' for office and limited commercial 50' for general business and shopping centers 100' for all industrial uses Minnetonka: 50' for businesses from low density residential 40' for businesses from multi -family residential 70' for industrial uses from single family residential 50' for industrial uses from multi -family residential New Brighton: 30' for commercial uses next to single family residential - 20' for commercial uses next to multi -family residential New Hope: 25' is minimum setback for non-residential adjacent to residential 75' for limited industrial 100' for general industrial m. Richfield: 15' for commercial uses ' Robbinsdale: 10' for commercial or industrial. St. Louis Park: 15' for commercial and industrial. Some of the setbacks may not be reasonable for Crystal as we are typically dealing with infill situations. RECOMMENDATION The Commission should discuss whether revisions are needed to the ordinance i:commdevlsetback CITY COUNCIL ACTION ON ITEMS WHICH APPEARED BEFORE PLAIT - COMMISSION March 17, 1998 No items were considered. April 7, 1998 No items were considered. G:\Planning\PC\CCAction.DOC.jrs ,sota ChapterAmerican Planning Association /plan 991- 0nes... M Steve Peaslee- cont'd from page 1 and housing issues, to technology and staffing the Planning Commission. Several of my co-workers and I attended a December 20th Memorial Service at St. Paul's Lutheran Church ELCA, in Minnetonka, and were awed by the number of people that had come to remember Steve. He was remembered for his kindness, humor, respect for others, and love for his wife and two children. He had many interests including biking with his family, baking bread, and learning and applying technology to improve efficiency. Steve also loved being a planner. He will be sorely missed by family, friends, and colleagues. J Planning Association • s i . I VOL 16 NO 2 FEBRUARY 1998 - JobOpening ._.......... _... ..._......... ...._..7 —Transit Friendly" Neighborhoods._....7 From the Editor ....................................... 8 Historic Preservation Meetings ........... 8 Remembering Steve Peaslee BY SARAH BELLEFUIL On December 14, 1997, Steve Peaslee, city planner for the City of Crystal, died of a heart attack. He was 46. I had known Steve for several years, while working for the Citv of New Hope. He struck me as very positive, always in good spirits, with an ability to see things from a different angle. Many of my current Hennepin . County co-workers had known Steve even longer — when he was Citv Administrator for Hassan Township. Steve worked for the City of Crystal since May 199-1. As is typical in most mid-sized communities, he had to have knowledue of, and deal with, a variety of issues intrinsic to the planning profession — from land -use continued on page 8