2022.05.09 - 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, May 9, 2022
7 p.m.
Crystal City Hall and Zoom Video Conference
Zoom call information: https://tinyurl.com/ymddms7n (meeting ID is 858 6396 8194 and
password is 414141) or call-in toll free at 888-475-4499
1. Call to Order
2. Approval of Minutes*
a. Monday, March 14, 2022 meeting minutes
3. Public Hearing*
a. Variance request from Jim Butler for two additions and to bring into conformance an
existing garage setback encroachment at 3715 Georgia Avenue North (Application
Number 2022-02)
b. Conditional use permit request from P & C learning center for a child day care at 5000
West Broadway (Application Number 2022-03)
c. Rezoning request from City of Crystal EDA at 4824 - 56th Ave North (Application
Number 2022-04)
4. Old Business - None
5. New Business
a. Update on joint meeting for the Planning Commission/Parks and Recreation
Commission – June 13, 2022
6. General Information
a. City Council actions on previous Planning Commission items:
– Site Plan request for a new medical clinic at 6014 Lakeland Ave N.
b. Update from Council liaison
c. Staff preview of likely agenda items for Monday, June 13, 2022 meeting
7. Open Forum
8. Adjournment
* Items for which supporting materials are included in the meeting packet
Page 1 of 3
CRYSTAL PLANNING COMMISSION
DETAILED AGENDA
Monday, May 9, 2022 at 7:00 p.m.
Council Chambers, Crystal City Hall
and Zoom Video Conference
Zoom call information: https://tinyurl.com/ymddms7n (meeting ID is 858 6396 8194 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 [Sec. Vice
Chair]
Commissioner (Ward 1)
Heigel
Commissioner (Ward 3)
Maristany
Commissioner (Ward 4)
Johnson
Commissioner (Ward 2)
Strand
Commissioner (Ward 3)
Buck
Commissioner (At-
Large) Scholz
2. APPROVAL OF MINUTES *
Moved by _______________ and seconded by _______________ to approve the minutes of
the March 14, 2022 regular meeting with the following exceptions:
Motion carried.
3. PUBLIC HEARINGS*
a. Variance request from Jim Butler for two additions and to bring into conformance an
existing garage setback encroachment at 3715 Georgia Ave N (Application Number
2022-02).
Staff presented the following:
Page 2 of 3
The following were heard:
Planning Commission discussion:
Moved by _______________ and seconded by _____________ to recommend ______
to the City Council of the variance application for two additions and to bring into conformance
an existing garage setback encroachment at 3715 Georgia Avenue North.
Motion carried.
b. Conditional use permit request from P & C learning center for a child day care at 5000
West Broadway Avenue (Application Number 2022-03).
Staff presented the following:
The following were heard:
Planning Commission discussion:
Moved by _______________ and seconded by _____________ to recommend ______
to the City Council of the CUP application for a day care for P & C learning center at 5000
West Broadway Avenue.
Motion carried.
c. Rezoning request from City of Crystal EDA at 4824 – 56th Ave N (Application Number
2022-04).
Page 3 of 3
Staff presented the following:
The following were heard:
Planning Commission discussion:
Moved by _______________ and seconded by _____________ to recommend ______
to the City Council of the rezoning application from City of Crystal EDA at 4824 – 56th Avenue
North.
Motion carried.
4. OLD BUSINESS - None
5. NEW BUSINESS
a. Update on joint meeting for the Planning Commission/Parks and Recreation Commission
– June 13, 2022
6. GENERAL INFORMATION
a. City Council actions on previous Planning Commission items:
- Site plan request for a new medical clinic at 6014 Lakeland Avenue North
b. Update from Council Liaison
c. Staff preview of likely agenda items for Monday, June 13, 2022 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 – March 14, 2022
CRYSTAL PLANNING COMMISSION
MINUTES
Monday, March 14, 2022 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:
X Commissioner (Ward 1)
Sears [Vice Chair]
X Commissioner (Ward 2)
Selton [Chair]
X 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) Scholz
Other attendees: City planner Dan Olson, Todd Ofsthun (TCO Design) and Tom Herlitzke
(Prime Project Management) both representing Odam Medical Group, and other interested
persons.
2. APPROVAL OF MINUTES
Moved by Sears and seconded by Heigel to approve the minutes of the October 11, 2021
regular meeting. Ayes: All Nays: None
Motion carried.
3. PUBLIC HEARING
a. Site plan request from Odam Medical Group for a new medical clinic at 6014 Lakeland
Avenue North (Application 2022-01).
Olson presented a summary of the staff report and stated he is recommending
approval of the site plan.
Chair Selton opened the public hearing.
Commission member Maristany asked if medical equipment at the clinic will interfere
with air traffic controls at the airport. Mr. Herlitzke said the clinic will not have x-ray
machines and such other equipment that would interfere with airport communications.
Maristany asked what the timetable is for constructing the upper floors. Mr. Herlitzke
said those floors would be built in the next 2-3 years.
Unapproved Planning Commission Minutes – March 14, 2022
Hearing no one from the public who wished to speak, Selton closed the public hearing.
Commission member Heigel asked what the mature height of the trees is. Mr. Ofsthun
said they would reach a height of approximately 50’- 60’. Commission member Sears
said that the trees will take decades to mature so they won’t potentially interfere with
airport operations for many years, and even then they can be trimmed so that they
don’t interfere. There are taller Cottonwood trees near the airport now.
Commission member Maristany recommended that a condition of approval be added
which would set a time limit when the upper floors would be constructed. This is so
future residents moving into the area will be aware that the existing main floor clinic
will have additional upper floors. Maristany asked if the main floor was built and then
the applicant sold the clinic to a new owner, could the new owner then build the upper
floors without a public hearing process. Planner Olson said the new owner could build
those floors if they constructed them according to the approved site plan.
Commission member Strand said she doesn’t think we need a condition of approval to
set a time limit for the upper floors, but wondered how a change in building codes
would affect the future construction. Planner Olson said that those codes wouldn’t
change so significantly as to make it difficult to build the upper floors according to the
approved plans.
Commission member Maristany asked if a shadow study would be needed for the
upper floor construction to determine any impact to the surrounding homes. Planner
Olson said that because of the distance of the building from existing homes, a shadow
study was not requested of the applicant.
Commission member Buck asked if there will be an elevator to the upper floors. Mr.
Ofsthun said yes.
Commission member Heigel asked where electrical service will be connected. Mr.
Herlitzke said off of a utility pole near the southern property line.
Commission member Scholz asked if Odam will keep their other facilities once the
Crystal clinic is built. Mr. Herlitzke said all the other locations, except St. Cloud, will be
closed to consolidate their business in Crystal.
Moved by Strand and seconded by Buck to recommend approval to the City Council of
the site plan application for Odam Medical Group at 6014 Lakeland Avenue North.
Selton asked how the motion could be amended to incorporate an additional condition
for a time line for construction of the upper floors. Olson said that both Strand and
Buck would have to agree to the amendment. Strand stated she was not in favor of
such a condition.
Ayes: Buck, Heigel, Selton, Scholz, Strand, Sears, Einfeldt-Brown and Johnson.
Nays: Maristany.
Motion carried.
Unapproved Planning Commission Minutes – March 14, 2022
4. OLD BUSINESS - None
5. NEW BUSINESS
Election of Officers:
Chair: Motion by Heigel, second by Buck to nominate Selton for chair. Ayes: All. Nays:
None. Motion carried.
Vice-Chair: Motion by Scholz, second by Strand to nominate Sears as vice-chair.
Ayes: All. Nays: None. Motion carried.
Second Vice-Chair: Motion by Einfieldt-Brown, second by Scholz to nominate Einfieldt-
Brown as second vice-chair. Ayes: All. Nays: None. Motion carried.
6. GENERAL INFORMATION
• City Council actions on previous Planning Commission items: Olson stated that the
Council approved the site plan and variance for the new vision clinic at 5736 Lakeland
Avenue North.
• Update from Council Liaison: City Council liaison Brendan Banks was not present at
the meeting.
• Staff preview of likely agenda items for Monday, April 11, 2022 meeting.
Olson said he has not received any applications for the April meeting, but the
application deadline is not until tomorrow.
7. OPEN FORUM
Commission members discussed what they learned from the recent League of Minnesota
Cities webinar on planning and zoning basics.
Olson updated the Commission on what happened at the recent community meeting for
the proposed new apartment building at 5240 West Broadway.
Commission member Sears updated the Commission on the meetings of the Joint Airport
Zoning Board to amend the 1983 airport zoning ordinance. Planner Olson added that the
Board will be creating a custom ordinance for the Crystal airport.
Einfeldt-Brown asked if the Verizon cell tower will be built that was approved in 2020.
Olson said Verizon decided not to proceed with the construction of the tower and the time
limit set by the conditional use permit (CUP) has expired.
8. ADJOURNMENT
Moved by Strand and seconded by Buck to adjourn. Ayes: All. Nays: None
Motion carried.
The meeting adjourned at 8:03 p.m.
3715 GEORGIA AVENUE NORTH – VARIANCE APPLICATION
PAGE 1 OF 5
___________________________________________________________________________
FROM: Dan Olson, City Planner
___________________________________________________________________________
TO: Planning Commission (for May 9 Meeting)
DATE: May 4, 2022
RE: PUBLIC HEARING - Variance request from Jim Butler for two additions and to
bring into conformance an existing garage setback encroachment at 3715
Georgia Avenue North (Application Number 2022-02)
A. BACKGROUND
Jim Butler, who owns the single-family home at 3715 Georgia Avenue North, has
applied for variances for two home additions and to bring into conformity an existing
garage setback encroachment. The property is zoned Low Density Residential (R-1).
Notice of the May 9 public hearing was published in the Sun Post on April 28 and
mailed to property owners and renters within 500 feet (see attachment A), and posted
to the Brownwood, Fair, and Valley Place neighborhoods on Nextdoor. A sign was also
posted on the property.
Attachments:
A. Site location map showing public hearing notification area
B. Existing zoning map
C. Property photos
D. Project narrative submitted by applicant
E. Comparison of required and proposed property setbacks
F. Property survey showing requested variances
PLANNING COMMISSION STAFF REPORT
Variance for 3715 Georgia Avenue North
3715 GEORGIA AVENUE NORTH – VARIANCE APPLICATION
PAGE 2 OF 5
B. VARIANCE REQUEST
Proposed variance
The existing 9,925 sq. ft. property has a single-family home constructed in 1957 which
did not meet required setbacks in effect at the time and does not meet current setback
requirements. The homeowner has requested the following variances for two home
additions and to bring into compliance an existing nonconformity:
➢ Reduce the north setback (along 38th Ave N) from 30’ to 23’ for a bedroom
addition.
➢ Reduce the south setback from 30’ to 17’ for a future attached garage addition.
➢ Along Georgia Ave N, bring into conformity an existing garage setback
encroachment from 30’ to 24’ and allow a future one-stall garage addition to have
the same setback.
Initial home approval
When the building permit for the home was approved, the setbacks were determined as
follows:
➢ North setback (38th Avenue) of 35’
➢ South setback of 29’ (the required setback in 1957 was 31’ which is 25% of the lot
dimension)
➢ East setback (Georgia Avenue) of 20’. The majority of the home is set back 31’
except for the attached garage which is 24’ from the property line.
Rationale for proposed variance
The configuration of the existing home prevents an expansion that meets current zoning
requirements (attachment E). The goal of the requested variances is to acknowledge the
approved 1957 setbacks which determined that the front of the home faces Georgia
Avenue and to allow for an equitable expansion of the home in harmony with other
similarly sized lots in Crystal. As such, the variance:
➢ Preserves a 30’ setback along Georgia Avenue, with the exception of the existing
garage and a proposed garage addition with a 24’ setback from that property line.
• The UDC allows similar, if slightly smaller, encroachments into the 30’
setback.
➢ Provides for a combined north and south setbacks of 40’ (23’ on the north side
and 17’ on the south side).
• The 40’ combined north and south setback is the same as the 40’ currently
required by the UDC (10’ on the corner side and 30’ in the rear yard), but
arranged differently in recognition of the practical difficulty caused by the
home’s 1957 placement on the lot.
➢ Preserves a minimum west side setback of 5’ (the home is currently located 12’
from this line).
• The UDC requires a minimum interior side yard setback of 5’.
3715 GEORGIA AVENUE NORTH – VARIANCE APPLICATION
PAGE 3 OF 5
C. RECOMMENDED FINDINGS
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 two
room additions and a nonconforming garage encroachment that is closer
to 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 continue to 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
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 requested variance is necessary to ensure that the home can be
expanded on the lot in a way which provides the best possible residential
use and enjoyment of the property, but does not negatively impact
neighboring properties.
The essential character of this area will not change if the variance is
approved:
• With the exception of a garage setback encroachment along
Georgia Avenue, the home will have a typical front yard depth
3715 GEORGIA AVENUE NORTH – VARIANCE APPLICATION
PAGE 4 OF 5
of 30’. By way of illustration there are properties in the
immediate area that have similarly-sized attached garage
encroachments, including 3716 and 3702 Georgia Avenue
(both across the street from 3715 Georgia) and 3703 Georgia
(south of 3715 Georgia).
• The home will have a combined side yard setback of 40’ (23’
on the north side and 17’ on the south side). A typical corner
lot has 10’ on the corner side and 30’ in the rear yard, for a
total of 40’.
c) Economic considerations alone do not constitute practical difficulties.
Response: The manner in which the home was physically configured on
the property in 1957 makes it difficult to expand the home to meet current
requirements without the need for variances. 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 from Jim Butler at 3715 Georgia
Avenue North to modify the minimum building setbacks as follows:
➢ North side: Reduce setback from 30’ to 23’ for a room addition
➢ South side: Reduce setback from 30’ to 17’ for a future attached garage addition
➢ East side: Minimum setback of 30’ but allowing the existing garage and a future
garage addition to be no less than 24’ from the east lot line.
This recommendation should include findings of fact either for or against the proposal.
The Commission may reference the findings for approval in Section B, above. Staff
recommends approval of the variance request with the conditions below:
1. Minimum setbacks effective upon variance approval. With the approval of this
variance request, the minimum building setbacks are as follows and as illustrated in
attachment F:
➢ North: 23’
➢ South: 17’
➢ East: 30’, but 24’ for the existing garage and future garage addition.
➢ West: 5’
2. 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.
3. 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
3715 GEORGIA AVENUE NORTH – VARIANCE APPLICATION
PAGE 5 OF 5
such condition, covenant, or term or any subsequent violation of the same or any
other condition, covenant, or term.
4. 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.
5. 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 May 17, 2022.
Site Location and Public Hearing Notice Mailing Map
3715 Georgia Ave N
4141 Douglas Dr. N.
Crystal MN 55422
Attachment A
Zoning Map
3715 Georgia Ave N
4141 Douglas Dr. N.
Crystal MN 55422
Attachment B
View from
corner
View from Georgia
Avenue
Attachment C
View from north
(38th Avenue)
View from south
Attachment D
Attachment E
35.014.017.623.012.012.025.530 3030 30
5524.6
12.3
7.4
24.329.216.631.0
5 30
17Attachment F
5000 WEST BROADWAY AVENUE – CONDITIONAL USE PERMIT APPLICATION
PAGE 1 OF 4
___________________________________________________________________________
FROM: Dan Olson, City Planner
___________________________________________________________________________
TO: Planning Commission (for May 9 Meeting)
DATE: May 4, 2022
RE: PUBLIC HEARING – Conditional Use Permit request from P & C learning
center for a child day care at 5000 West Broadway Avenue (Application
Number 2022-03)
A. BACKGROUND
P & C learning center has applied for a conditional use permit (CUP) to allow a child
day care at 5000 West Broadway Avenue (Cornerstone Church). The applicant will be
leasing space for the day care within the church. The property is zoned Commercial (C)
and child day care is a conditional use within that district.
Notice of the May 9 public hearing was published in the Sun Post on April 28, mailed to
owners, renters and business tenants within 500 feet (see attachment A), and posted to
the Cavanagh Oaks, Welcome Park, Twin Oaks, and Becker neighborhoods on
Nextdoor. A sign was also posted on the property.
Attachments:
A. Site location and public hearing mailing notice map
B. Zoning map
C. Photos of existing property
D. Project narrative
E. Site and floor plan (2 sheets)
PLANNING COMMISSION STAFF REPORT
Conditional Use Permit for 5000 West
Broadway Avenue
5000 WEST BROADWAY AVENUE – CONDITIONAL USE PERMIT APPLICATION
PAGE 2 OF 4
B. PROPOSED CONDITIONAL USE
Existing Use
The existing 28,400 square foot church was constructed in 1976 as a bowling alley on the
2.8 acre property. In 2017 the City Council approved a CUP for the church to be
established on the property.
Adjacent uses
The following are the existing land uses and zoning districts surrounding this property:
• North: Crystal Collision/Car Wash Center, zoned Industrial (I)
• East – BNSF rail tracks; east of the rail line is Fun Services rental (zoned I) and
single-family homes zoned R-1
• West – City public works facility, zoned Commercial
• South – Contractor office, zoned Commercial
Proposed use
The existing building will be used for a child day care. The applicant is not proposing to
enlarge the building or increase the size of the parking lot. The floor plan (attachment E)
shows six classrooms and an administrative area. The day care will have a maximum of
118 children under the age of 5, with twelve full-time and four part-time staff members.
The day care will be open from 6:30 AM to 6 PM, Monday through Friday.
The UDC does not have a minimum number of required parking spaces for a child day
care. The site currently contains 209 parking spaces. Since the day care will operate
when there is little church related activity occurring, parking is sufficient for the day care
use.
The applicant is proposing to have children picked up and dropped off in front of the
family entrance in the northwest part of the building (attachments C and E). The city’s
public works director, the police department, and West Metro Fire Rescue District have
reviewed this child pick up and drop off plan and found it adequate to meet vehicle
movement within the site, including fire trucks. Due to the property’s large parking lot,
separate access points on West Broadway and Corvallis Avenue, and unused traffic
capacity on those roads, traffic impacts to the area are not expected to be noticeable.
Recommended Findings
The following are the relevant criteria for approval of a conditional use permit in city code
section 510.19:
(a) The proposed use has been approved as a conditional use in the zoning district for
which it is proposed.
Findings: Child day care is a conditional use in the Commercial zoning district.
(b) The conditional use will be in accordance with the general objectives, or with any
specific objective, of the city’s comprehensive plan and the unified development
code (UDC).
5000 WEST BROADWAY AVENUE – CONDITIONAL USE PERMIT APPLICATION
PAGE 3 OF 4
Findings: In order to accommodate potential future redevelopment, the
property is guided as Industrial on the 2040 Planned Land Use Map. In
reflection of the property’s historic use as a bowling alley, the property is
presently zoned Commercial. Either way, the proposed day care is allowed as
a conditional use in both the Industrial and Commercial zoning districts.
(c) The conditional use will be designed, constructed, operated, and maintained so as
to be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the essential
character of the same area.
Findings: Since the proposed day care is not proposing to alter the exterior of
the building or property, the existing character of the area will not change.
(d) Impacts such as noise, hours of activity, and exterior lighting have been sufficiently
addressed to mitigate negative impacts on nearby uses.
Findings: Since the proposed day care is not proposing to alter the exterior of
the building or property, the proposed use will not generate unusual noise
impacts. Hours of operation will be similar to other commercial uses in the
area. No new exterior lighting is proposed for the property.
(e) Parking is adequately provided for the proposed conditional use.
Findings: The existing property has 209 parking spaces. Since the day care
will operate when there is little church related activity occurring, parking is
sufficient for the day care.
(f) In the approval of a conditional use permit, the City Council may impose such
conditions as it determines is necessary to make the use compatible with other uses
allowed in the same district zone or vicinity.
Findings: The proposed conditions of approval for the CUP are found in section
C of this staff report.
Use specific standards
The following is the relevant use specific standard in city code section 515.19, Subd. 7 for
approval of a child day care, followed by staff’s findings of the standard.
a) The facility is served by arterial, collector, or municipal state aid streets and such
pedestrian facilities as are necessary to accommodate the traffic generated by
the facility.
Findings: In the 2040 Comprehensive Plan this section of West Broadway is
identified as a major collector street and Corvallis Avenue is a minor
collector/municipal state aid street. There are existing sidewalks along
West Broadway and Corvallis Avenue.
5000 WEST BROADWAY AVENUE – CONDITIONAL USE PERMIT APPLICATION
PAGE 4 OF 4
C. REQUESTED ACTION
The Planning Commission is being asked to make a recommendation to the City
Council to either deny or approve the CUP to allow P & C learning center to operate a
child day care at 5000 West Broadway. The Commission may reference the findings in
Section B, above. Staff recommends approval of the conditional use permit, subject to
the following conditions of approval:
1. Compliance. This conditional use permit is subject to the applicable requirements of
the city code, and 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 this conditional use permit 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. Revocation. The violation of any terms or conditions of this conditional use permit
including, but not limited to, any applicable federal, state, or local laws, rules,
regulations, and ordinances, may result in revocation of the conditional use permit.
The applicant shall be given written notice of any violation and reasonable time, as
determined by the City, to cure the violation before a revocation of the permit will
occur.
4. Binding Effect. This conditional use permit, and the conditions placed on it, are
binding on the applicant, their 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, until the conditional use permit is terminated or revoked as
provided herein. The obligations of the applicant under this conditional use permit
shall also be the obligations of the current and any subsequent owners of the
property.
5. Acceptance of Conditions. Utilization of the property for any of the uses allowed by
this conditional use permit shall automatically be deemed acceptance of, and
agreement to, the terms and conditions of this conditional use permit without
qualification, reservation, or exception.
City Council action is anticipated on May 17, 2022.
Site Location and Public Hearing Notice Mailing Map
5000 West Broadway
4141 Douglas Dr. N.
Crystal MN 55422
Attachment A
Zoning Map
5000 West Broadway
4141 Douglas Dr. N.
Crystal MN 55422
Attachment B
Attachment C
Proposed
child care
entrance
Church and
parking lot
Apr 7, 2022
Cornerstone Church Crystal
Conditional Use Permit - Narrative Statement
Brief Project Description:
This Conditional Use Permit request seeks to add on a Birth - Preschool Learning
Center/Daycare business to provide a safe and intentional learning environment in a
faith-based organization. The location is 5000 West Broadway Ave in Crystal, MN. The
daycare would be open to 118 students from birth to 5 years old. The daycare would
operate Monday - Friday from 6:30 am - 6:00 pm. The daycare would use the Family
Ministry Entrance located near Corvallis for pick up and drop off. The P&C Learning
Center will have office space within the church (noted on the floor plan as
Administrative). Our staffing structure is divided into 12 full-time employees and four
part-time employees.
Conditional Use Permit Project Narrative Criteria:
A. The property is in a commercial zoning district.
B. The current existing usage of the property is church/house of worship
C. The church will remain; adding the proposed use would be a daycare operation.
D. Yes, the proposed use is allowed in the applicable zoning district.
E. A Daycare facility is one of the uses allowed by the city zoning ordinance.
F. The proposed use will not change the existing character of the property as we will
not be adding an outdoor playground.
G. There would be no additional hours added to the current hours of operations, and
limited outdoor activity not negatively impact the neighborhood.
H. There are 209 parking spaces available on the property, and the daycare will
operate during hours when there is limited church activity.
I. Yes, we have addressed the use-specific standards for the proposed use.
J. No, the property is not located within a floodplain.
Attachment D
Attachment E
Day care floor plan in church building(Family Ministry building entrance)
4824 – 56th AVENUE NORTH – REZONING APPLICATION
PAGE 1 OF 2
___________________________________________________________________________
FROM: Dan Olson, City Planner
___________________________________________________________________________
TO: Planning Commission (for May 9 Meeting)
DATE: May 4, 2022
RE: PUBLIC HEARING – Property rezoning request from the City of Crystal
Economic Development Authority at 4824 - 56th Avenue North (Application
2022-04)
A. BACKGROUND
The City of Crystal Economic Development Authority (EDA), owner of the vacant
property at 4824 – 56th Avenue North, is proposing to rezone the property from
Commercial to Low Density Residential (R-1) so that a new two-family dwelling can be
constructed on the property. This dwelling type is a permitted use due to the large size
and width of this lot.
Notice of the May 9 public hearing was published in the Sun Post on April 28, mailed to
owners and renters within 500 feet (see attachment A), and posted to the Twin Oaks
and Skyway neighborhoods on Nextdoor. A sign was also posted on the property.
Attachments:
A. Site location map showing public hearing notification area
B. Existing zoning map
C. 2040 Comprehensive Plan planned land use map
D. Property survey
B. PROPERTY REZONING
Existing use
The 19,387 sq. ft. (0.45 acres) property is vacant. Previously a single-family home
existed on the property, but it was demolished in 2007. The property was rezoned from a
residential to a commercial zone in 1971 in anticipation of an office development that did
not materialize.
PLANNING COMMISSION STAFF REPORT
Property rezoning at 4824 – 56th Ave N
4824 – 56th AVENUE NORTH – REZONING APPLICATION
PAGE 2 OF 2
Adjacent uses
The following are the existing land uses and zoning districts surrounding this property:
• North – Single family homes zoned R-1
• East – Barber shop, zoned Commercial
• West – Four-plex apartment building, zoned R-1
• South – Across 56th Avenue N, single family homes zoned R-1
Proposed use
The EDA is proposing to sell the property for construction of a two-family dwelling, which
is a permitted use.
C. RECOMMENDED FINDINGS
The following are the relevant criteria for approval of a property rezoning in city code
section 510.29.
1. The rezoning conforms to the city’s 2040 Comprehensive Plan.
Findings: The property is guided Low Density Residential (LDR) on the
city’s Comprehensive Plan. On September 13, 2021, the planning
commission adopted resolution 2021-03 which determined that the sale of
the property for a two-family dwelling was in conformance to the
Comprehensive Plan.
2. The rezoning is in conformance to the UDC, including the purpose and intent of
the Low Density Residential district (R-1).
Findings: With a two-family home the density would be four units per gross
acre, which meets the allowable density of no more than six units per
gross acre in the R-1 district.
D. REQUESTED ACTION
The Planning Commission is asked to make a recommendation to the City Council to
either deny or approve the application to rezone the property at 4824 – 56th Avenue
North from Commercial to Low Density Residential (R-1). 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 rezoning application.
City Council action is anticipated on May 17, 2022.
Site Location and Public Hearing Notice Mailing Map
4824 – 56th Ave N
4141 Douglas Dr. N.
Crystal MN 55422
Attachment A
Zoning Map
4824 – 56th Ave N
4141 Douglas Dr. N.
Crystal MN 55422
Attachment B
2040 Comprehensive Plan Map
4824 – 56th Ave. N
4141 Douglas Dr. N.
Crystal MN 55422
Attachment C
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863.54 N 12°01'06" E 191.00S 12°06'12" W 172.3756th Avenue North 864864
864863
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Lot area = 19,387 sq ft
Catch Basin
Hydrant
Benchmark
Drainage &
Utility Easement
Overhead WiresOverhead WiresOverhead Wiresmonitor well
F:\survey\junior larson addition - hennepin\2-1\jla2-1fb110552inv88254 existing conditions.dwg
Basis for
bearings is
assumed
Surveyors Certificate
000.0
x000.0
Denotes Wood Hub Set for excavation only
Denotes Existing Elevation
Denotes Proposed Elevation
Denotes Surface Drainage
Denotes Iron Monument
Denotes Found Iron Monument
Denotes Proposed Contours
Denotes Existing Contours
NOTE: Proposed grades are subject to results of soil tests.
Proposed building information must be checked with
approved building plan and development or grading
plan before excavation and construction.
Proposed grades shown on this survey are
interpolations of proposed contours from the
drainage, grading and/or development plans.
NOTE: The relationship between proposed floor
elevations to be verified by builder.
Drawn By
Signed
Gregory R. Prasch, Minn. Reg. No. 24992
Scale: 1" =
F.B.No.
Project No.The only easements shown are from plats of record or information
provided by client.
I certify that this survey, plan, or report was prepared by me or under my
direct supervision and that I am a duly Licensed Land Surveyor under
the laws of the State of Minnesota
rev
Legal Description
7601 73rd Avenue North
Minneapolis, Minnesota 55428
(763) 560-3093
DemarcInc.com
88254
1105-52
20'
Surveyed this 9th day of November 2018.
CITY OF CRYSTAL
Lot 2, Block 1, JUNIOR LARSON
ADDITION
Hennepin County, Minnesota
Existing Conditions Survey For:
Address:4824 56th Avenue North
Crystal, MN
Benchmark:Top nut of hydrant near southeast lot corner.
Elevation = 865.69 feet
1-30-29 monitor well
Attachment D