2021.06.14 - Packet
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Crystal Planning Commission Agenda Summary
Monday, June 14, 2021
7 p.m.
Crystal City Hall and Zoom Video Conference
Zoom call information: https://tinyurl.com/92dz3ba2 (meeting ID is 899 6780
8979 and password is 414141) or call-in toll free at 888-475-4499
1. Call to Order
2. Approval of Minutes*
a. Monday, May 10, 2021 meeting minutes
3. Public Hearing*
a. Variance request from Great Buy Homes for a new single-family home at 3556
Major Ave N (Application Number 2021-04)
4. Old Business - None
5. New Business
a. Conformance to Comprehensive Plan – sale of 3556 Major Ave N
6. General Information
a. City Council actions on previous Planning Commission items:
– Conditional use permit for cemetery pavilion at 3700 Winnetka Ave N
– Amendments to the Unified Development Code (UDC)
b. Update from Council liaison
c. Staff preview of likely agenda items for Monday, July 12, 2021 meeting
7. Open Forum
8. Adjournment
* Items for which supporting materials are included in the meeting packet
Page 1 of 2
CRYSTAL PLANNING COMMISSION
DETAILED AGENDA
Monday, June 14, 2021 at 7:00 p.m.
Council Chambers, Crystal City Hall
and Zoom Video Conference
Zoom call information: https://tinyurl.com/92dz3ba2 (meeting ID is 899 6780 8979
and password is 414141) or call-in toll free at 888-475-4499
Commissioners, please call 763.531.1142 or
email dan.olson@crystalmn.gov if unable to attend
* Items for which supporting materials are included in the meeting packet
1. CALL TO ORDER
The regular meeting of the Crystal Planning Commission convened at ______ p.m. with the
following members present:
Commissioner (Ward 1)
Sears [Vice Chair]
Commissioner (Ward 2)
Selton [Chair]
Commissioner (Ward 4)
Einfeldt-Brown
Commissioner (Ward 1)
Heigel
Commissioner (Ward 3)
Maristany [Sec. Vice Chair]
Commissioner (Ward 4)
Johnson
Commissioner (Ward 2)
Strand
Commissioner (Ward 3)
Buck
Commissioner (At-
Large) Seffren
2. APPROVAL OF MINUTES *
Moved by _______________ and seconded by _______________ to approve the minutes of
the May 10, 2021 regular meeting with the following exceptions:
Motion carried.
3. PUBLIC HEARING*
a. Variance request from Great Buy Homes for a new single-family home at 3556 Major
Avenue North (Application Number 2021-04).
Staff presented the following:
Page 2 of 2
The following were heard:
Planning Commission discussion:
Moved by _______________ and seconded by _____________ to recommend ______ to the
City Council of the variance for the proposed single-family home at 3556 Major Avenue North.
Motion carried.
4. OLD BUSINESS - None
5. NEW BUSINESS
a. Conformance to Comprehensive Plan – sale of 3556 Major Avenue North
Moved by _______________ and seconded by _______________ to determine that the
sale of the lot at 3556 Major Avenue North is in conformance to the Comprehensive Plan.
6. GENERAL INFORMATION
a. City Council actions on previous Planning Commission items:
- Conditional use permit for cemetery pavilion at 3700 Winnetka Ave N
- Amendments to the Unified Development Code (UDC)
b. Update from Council Liaison
c. Staff preview of likely agenda items for Monday, July 12, 2021 meeting:
7. OPEN FORUM
8. ADJOURNMENT
Moved by _____ and seconded by ______ to adjourn.
Motion carried.
The meeting adjourned at ______ p.m.
Unapproved Planning Commission Minutes – May 10, 2021
CRYSTAL PLANNING COMMISSION
MINUTES
Monday, May 10, 2021 at 7:00 p.m.
Council Chambers, Crystal City Hall and Zoom Video
Conference
1. CALL TO ORDER
The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the
following members present:
Commissioner (Ward 1)
Sears [Vice Chair]
X Commissioner (Ward 2)
Selton [Chair]
Commissioner (Ward 4)
Einfeldt-Brown
X Commissioner (Ward 1)
Heigel
X Commissioner (Ward 3)
Maristany [Sec. Vice Chair]
X Commissioner (Ward 4)
Johnson
X Commissioner (Ward 2)
Strand
X Commissioner (Ward 3)
Buck
X Commissioner (At-
Large) Seffren
Other attendees: City planner Dan Olson and Sam Edelstein, Jonathan Shaver and Harold
Berman, representing Adath Cheseth Shel Emes cemetery
2. APPROVAL OF MINUTES
Moved by Heigel and seconded by Maristany to approve the minutes of the March 8, 2021
regular meeting. Ayes: Heigel, Buck, Selton, Strand, Maristany, and Johnson. Abstain:
Seffren. Nays: None
Motion carried.
3. PUBLIC HEARINGS
a. Conditional use permit request from Adath Jeshurun Congregation for a cemetery pavilion
building at 3700 Winnetka Avenue North (Application 2021-02).
Olson presented a summary of the staff report and stated he is recommending approval of
the CUP.
Planning Commission member Maristany asked staff why the property was not rezoned to
Planned Development (PD) for this construction project. Olson stated that there was not a
compelling reason for a rezoning and the CUP application approval timeline was quicker
than a rezoning. Maristany asked how often the pavilion will be lit by the ground-mounted
lighting. Mr. Edelstein said that the east side of the pavilion will be lit nightly, but the
lighting is aimed directly at the pavilion and will not impact the homes across Winnetka.
Chair Selton opened the public hearing.
Unapproved Planning Commission Minutes – May 10, 2021
Hearing no one from the public who wished to speak, Selton closed the public hearing.
Moved by Seffren and seconded by Heigel to recommend approval to the City Council of
the conditional use permit for the cemetery, including the proposed pavilion, at 3700
Winnetka Avenue North.
Ayes: Seffren, Selton, Strand, Maristany, Buck, Johnson, and Heigel. Nays: None
Motion carried.
b. Miscellaneous amendments to the Unified Development Code (Application number 2021-03).
Olson presented a summary of the staff report and stated he is recommending approval of
the amendments.
Chair Selton opened the public hearing.
Hearing no one from the public who wished to speak, Selton closed the public hearing.
Moved by Strand and seconded by Buck to recommend approval to the City Council of the
UDC amendments.
Ayes: Seffren, Selton, Strand, Maristany, Buck, Johnson, and Heigel. Nays: None
Motion carried.
4. OLD BUSINESS - None
5. NEW BUSINESS - None
6. GENERAL INFORMATION
• City Council actions on previous Planning Commission items: Olson stated that the
Council approved the CUP for the event center at 351 Willow Bend at the Crystal
Shopping Center.
• Update from Council Liaison: City Council liaison Brendan Banks was not present at the
meeting.
• Staff preview of likely agenda items for Monday, June 14, 2021 meeting.
Olson said he is expecting a variance application for the June meeting.
7. OPEN FORUM
Commission member Selton congratulated Commission member Strand on recently receiving
the “Neighbors Recognizing Neighbors” award.
Unapproved Planning Commission Minutes – May 10, 2021
Commission member Strand said that there is a plant sale on May 22nd to benefit Crystal
parks.
Olson stated that Sand Companies, a Twin Cities developer, has a purchase agreement for
5240 West Broadway and is proposing to construct a 58-unit apartment building on the
property. Staff is expecting zoning approvals to be requested later this year.
Commission member Maristany asked if anything is proposed for the Burger King property.
Olson said he was not aware of any new use for the property. Commission member Heigel
asked if anyone was moving into the former Pizza Ranch. Olson said he was not aware of
any proposed use for that space.
8. ADJOURNMENT
Moved by Buck and seconded by Heigel to adjourn. Ayes: Johnson, Strand, Selton, Buck,
Heigel, Maristany, and Seffren. Nays: None
Motion carried.
The meeting adjourned at 7:50 p.m.
3556 MAJOR AVENUE NORTH – VARIANCE APPLICATION
PAGE 1 OF 4
______________________________________________________________
FROM: Dan Olson, City Planner
_________________________________________________________________
TO: Planning Commission (for June 14 Meeting)
DATE: June 8, 2021
RE: PUBLIC HEARING - Variance request from Great Buy Homes for a new
single-family home at 3556 Major Avenue North (Application Number
2021-04)
A. BACKGROUND
Glenn Hammer, on behalf of Great Buy Homes, is proposing to purchase the vacant lot
at 3556 Major Avenue North from the city’s Economic Development Authority (EDA)
and construct a new single-family home at that location. Before purchasing the
property, which is zoned Low Density Residential (R-1), the applicant is requesting
setback variances for the new home.
Notice of the June 14 public hearing was published in the Sun Post on June 3 and
mailed to property owners within 500 feet (see attachment A), and posted to the Lee
Park neighborhood on Nextdoor. A sign was also posted on the property and a hearing
notice was sent to the City of Robbinsdale since the property is adjacent to the
Robbinsdale/Crystal boundary line.
Attachments:
A. Site location map showing public hearing notification area
B. Existing zoning map
C. Project narrative submitted by applicant
D. Property survey and floor plans (5 sheets)
PLANNING COMMISSION STAFF REPORT
Variance for 3556 Major Avenue North
3556 MAJOR AVENUE NORTH – VARIANCE APPLICATION
PAGE 2 OF 4
B. VARIANCES
The vacant lot is 35.5’ wide and 128’ deep, making it 4,566 sq. ft. in size. There has never been
a home on the property. Due to the small size of the lot the applicant is requesting the following
variances for a proposed new two-story home:
• Reduce the required front setback (along Major Ave N) from 30’ to 28’
• Reduce the required north setback (along 36th Ave N) from 10’ to 8’
The applicant would finish the home as follows:
➢ Main floor. Approximately 925 square feet on the main level with an open living-dining-
kitchen area, one bedroom/den and a bathroom.
➢ Second floor. Approximately 970 sq. ft on the second floor with three bedrooms and
two bathrooms.
➢ Lower level. Approximately 730 unfinished sq. ft. on the lower level, with an option to
have it finished with an additional bedroom, a bathroom, and family room.
➢ Garage: A two-car detached garage would be accessed from the alley.
C. VARIANCE APPROVAL CRITERIA
The following are the relevant approval criteria for this variance as outlined in city code section
510.33, followed by staff response:
a) Variances shall only be permitted when they are in harmony with the general
purposes and intent of the official control and when the terms of the variances
are consistent with the comprehensive plan.
Response: The intent of the city’s zoning ordinance is to provide for
regulations to promote orderly development that allows for adequate
access to light, air, and convenient access to property. The approval of a
home that is closer to the front and north property lines will not impede
access to adequate light or air for adjacent properties or for the proposed
home. If the variance is approved, the home will be in conformance with
the Comprehensive Plan’s Low Density Residential future land use
designation.
b) Variances shall only be permitted when the City Council finds that strict
enforcement of specific provisions of this section would create practical
difficulties due to circumstances unique to a particular property under
consideration. Practical difficulties, as used in connection with the granting of a
variance, means that the property owner:
1) proposes to use the property in a reasonable manner not permitted
by an official control; and
2) the plight of the landowner is due to circumstances unique to the
property not created by the landowner; and
3556 MAJOR AVENUE NORTH – VARIANCE APPLICATION
PAGE 3 OF 4
3) the variance, if granted, will not alter the essential character of the
locality.
Response:
The use of the subject property for a single-family home is a reasonable
use permitted by the city’s zoning regulations.
The parcel was originally platted in 1911 in the Woodland Homes
subdivision. The majority of lots in that subdivision were platted with a 40’
width, but this lot was platted with a width of 35.5’ in order to provide
additional right-of-way for 36th Avenue North. The setback variance is
necessary to ensure that a house can be placed on the lot in a way which
provides the best possible residential use and enjoyment of the property.
The essential character of this area will not change if the variance is
approved:
• With the reduced front setback for this home of 28 feet, it will
match the front setback of 27.8 feet for the home to the south,
3552 Major Ave N.
• The proposed home will be 5.5’ from the south property line,
which exceeds the required side setback for homes in Crystal.
• By way of illustration both 3556 and 3557 Kyle Avenue North,
two blocks east of 3556 Major, were platted with a similar lot
width and a building permit was issued in 1964 and 1959,
respectively, with only a 5’ corner side yard setback
requirement.
c) Economic considerations alone do not constitute practical difficulties.
Response: A new home could be built on the lot without the variance, but
with the variance the new home can be located in a way that fits the
character of the surrounding homes. Therefore economic considerations
alone are not the sole reason for requesting this variance.
C. REQUESTED ACTION
The Planning Commission is asked to make a recommendation to the City Council to
either deny or approve the variance application to reduce the required building setbacks
for the home as follows:
• Front: Reduce from 30’ to 28’
• North side: Reduce from 10’ to 8’
This recommendation should include findings of fact either for or against the proposal.
The Commission may reference the findings for approval in Sections B and C, above.
Staff recommends approval of the variance request with the conditions below:
3556 MAJOR AVENUE NORTH – VARIANCE APPLICATION
PAGE 4 OF 4
1. Compliance. The variance is subject to the applicable requirements of the Crystal
City Code. The Applicant is required to comply with all applicable federal, state, and
local laws, rules, regulations, and ordinances and is required to obtain such other
permits and permissions as may be required.
2. No Waiver. Failure by the City to take action with respect to any violation of any
condition, covenant or term of the variance shall not be deemed to be a waiver of
such condition, covenant, or term or any subsequent violation of the same or any
other condition, covenant, or term.
3. Binding Effect. This variance, and the conditions placed on its approval, are binding
on the Applicant, the Applicant’s successors and assigns, shall run with the
Property, and shall not in any way be affected by the subsequent sale, lease, or
other change from current ownership. The obligations of the Applicant under this
approval shall also be the obligations of the current and any subsequent owners of
the Property.
4. Acceptance of Conditions. Utilization of the Property for any of the uses allowed by
this variance shall automatically be deemed acceptance of, and agreement to, its
terms and conditions without qualification, reservation, or exception.
City Council action is anticipated on June 15, 2021.
Site Location and Public Hearing Notice Mailing Map
3556 Major Ave N
4141 Douglas Dr. N.
Crystal MN 55422
Attachment A
Zoning Map
3556 Major Ave N
4141 Douglas Dr. N.
Crystal MN 55422
Robbinsdale
Attachment B
Attachment C
House Address:Variance Exhibit for: GREAT BUY HOMES, INC. 3556 Major Avenue North, Crystal, MN f:\jobs\9461 - 9480\9479 - woodland homes\cad c3d\survey\9479.001 variance exhibit.dwgSave Date:05/19/21
Revisions:LOCATION MAPS E C. 6S E C. 7Attachment D
Front Elevation facing Major Avenue
(Reverse Plan - triple window would be to the left of the door)
Basement Plan
Main Floor Plan
2nd Floor Plan
3556 MAJOR AVENUE NORTH – COMPREHENSIVE PLAN DETERMINATION
PAGE 1 OF 2
_________________________________________________________
FROM: Dan Olson, City Planner
____________________________________________________________________
TO: Planning Commission (for June 14 Meeting)
DATE: June 8, 2021
RE: Consider adoption of resolution that the sale of 3556 Major Avenue
North conforms to the Comprehensive Plan
A. BACKGROUND
The subject property is located at 3556 Major Avenue North, which is owned by the
city’s Economic Development Authority (EDA). The EDA is proposing to sell the
property to Great Buy Homes for construction of a new single-family home (see agenda
item 3a).
According to state statute § 462.356, Subd. 2, for those communities with an adopted
Comprehensive Plan, the Planning Commission shall report to the EDA whether the
sale of the property is in conformance to the Comprehensive Plan.
Attachments:
A. Site location map
B. 2040 Planned Land Use Map
C. Resolution
B. COMPREHENSIVE PLAN
The following are excerpts from the 2040 Comprehensive Plan that relate to the
development of this property.
• Planned Land Use Map (page 23):
The property is guided as low density residential (between 1- 6 units per acre).
PLANNING COMMISSION STAFF REPORT
Sale of 3556 Major Avenue North
3556 MAJOR AVENUE NORTH – COMPREHENSIVE PLAN DETERMINATION
PAGE 2 OF 2
The 4,566 square foot lot has a gross area of 11,076 sq. ft. for density
calculation purposes:
With one single-family home, the density would be four units per gross acre.
Recommended finding: The proposed density is in conformance with the
Comprehensive Plan designation.
• Housing Implementation Item #3 (page 30): Acquire blighted, structurally
substandard and functionally obsolete residential property for demolition and
replacement with new, move-up houses in accordance with the city’s EDA on-
going program, budget parameters, and market conditions.
Recommended finding: This unusually small vacant property was obtained
by the EDA and has been available for sale since 2015. The EDA is now
planning to sell the property for the construction of a new single-family
home which is consistent with housing implementation item #3.
C. STAFF RECOMMENDATION
Planning Commission adopt resolution 2021-02 that the sale of the property at 3556
Major Avenue North by the EDA is in conformance to the Comprehensive Plan based
on the findings in Section B above.
Site Location Map
3556 Major Ave N
4141 Douglas Dr. N.
Crystal MN 55422
Attachment A
2040 Comprehensive Plan Map
3556 Major Ave. N
4141 Douglas Dr. N.
Crystal MN 55422
Attachment B
514713v1 MNI CR150-4
CRYSTAL PLANNING COMMISSION
RESOLUTION NO. 2021 - 02
A RESOLUTION FINDING THAT THE PROPOSED SALE OF CERTAIN LAND BY
THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL FOR
RESIDENTIAL HOUSING PURPOSES IS CONSISTENT WITH THE CITY OF
CRYSTAL COMPREHENSIVE PLAN
WHEREAS, the Economic Development Authority of the City of Crystal (“Authority”)
proposes to convey certain real property described in Exhibit A attached hereto (the “Property”)
and located at 3556 Major Avenue North in the City of Crystal (the “City”) to a private developer
(the “Developer”) for the purpose of constructing a single-family home on the Property to be sold
to an owner-occupant; and
WHEREAS, Minnesota Statutes, Section 462.356, subd. 2 requires the Planning Commission to
review the proposed acquisition or disposal of publicly-owned real property within the City prior
to its acquisition or disposal, to determine whether in the opinion of the Planning Commission,
such acquisition or disposal is consistent with the comprehensive municipal plan; and
WHEREAS, the Planning Commission has reviewed the proposed conveyance of the Property,
and has determined that the Property is located in an area of the City designated in the City’s
comprehensive plan for residential housing, and that the conveyance and intended purpose are
consistent with such use.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Crystal
that the conveyance of the Property by the Authority to the Developer is consistent with the
City’s comprehensive municipal plan, and will promote renewed, diverse housing opportunities
in the City.
BE IT FURTHER RESOLVED that this resolution be communicated to the Board of
Commissioners of the Authority.
Adopted this 14th day of June, 2021, by the Planning Commission of the City of Crystal.
Chair, Crystal Planning Commission
Attachment C
514713v1 MNI CR150-4
EXHIBIT A
Legal Description of Property
Lot 30, Block 3, Woodland Homes, Hennepin County, Minnesota