2022.10.10 - 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, October 10, 2022
7 p.m.
Crystal City Hall and Zoom Video Conference
Zoom call information: https://go.crystalmn.gov/zoom10 (meeting ID is 884 1665
9334 and password is 414141) or call-in toll free at 888-475-4499
1. Call to Order
2. Approval of Minutes*
a. Monday, August 8, 2022 meeting minutes
3. Public Hearing*
a. Variance request from Scott Endres for a new monument sign at 5730 Bottineau
Boulevard (Application Number 2022-09)
4. Old Business - None
5. New Business - None
6. General Information
a. City Council actions on previous Planning Commission items:
– Property rezoning request from Crystal Housing Group for the property at
5232-5256 West Broadway Avenue
– Miscellaneous UDC amendments
b. Update from Council liaison
c. Staff preview of likely agenda items for Monday, November 14, 2022 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, October 10, 2022 at 7:00 p.m.
Council Chambers, Crystal City Hall
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 August 8, 2022 regular meeting with the following exceptions:
Motion carried.
3. PUBLIC HEARING*
a. Variance request from Scott Endres for a new monument sign at 5730 Bottineau
Boulevard (Application Number 2022-09).
Staff presented the following:
The following were heard:
Page 2 of 2
Planning Commission discussion:
Moved by _______________ and seconded by _____________ to recommend ______
to the City Council of the variance application from Scott Endres at 5730 Bottineau Boulevard.
Motion carried.
4. OLD BUSINESS - None
5. NEW BUSINESS - None
6. GENERAL INFORMATION
a. City Council actions on previous Planning Commission items:
- Property rezoning request from Crystal Housing Group at 5232-5256 West
Broadway Avenue
- Miscellaneous UDC amendments
b. Update from Council Liaison
c. Staff preview of likely agenda items for Monday, November 14, 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 – August 8, 2022
CRYSTAL PLANNING COMMISSION
MINUTES
Monday, August 8, 2022 at 7:00 p.m.
Community Room, Crystal City Hall
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
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, community development director John Sutter, city
attorney Troy Gilchrist, city communications coordinator Mike Peterson, City Council liaison
Brendan Banks, Megan Carr (representing Crystal Housing Group), Dan and Debbie Pearson
(representing Premier Motors) and other interested persons.
2. APPROVAL OF MINUTES
Moved by Heigel and seconded by Buck to approve the minutes of the June 13, 2022
regular meeting. Ayes: Strand, Buck, Heigel, Sears, Selton, and Scholz Abstain:
Einfeldt-Brown, Johnson Nays: None
Motion carried.
3. PUBLIC HEARINGS
a. Rezoning request from Crystal Housing Group for the property at 5232-5256 West
Broadway Avenue (Application 2022-07).
Olson presented a summary of the staff report and stated he is recommending
approval of the rezoning.
Commission member Selton asked if the building will impact airport operations. Mr.
Sutter confirmed the property is not located within airport safety zones.
Commission member Strand asked the applicant what is meant by “high priority
homelessness” from their project narrative. Ms. Carr said they are individuals who
have experienced homelessness at least four times in the past year.
Unapproved Planning Commission Minutes – August 8, 2022
Commission member Heigel asked for a breakdown of the number of bedrooms. Ms.
Carr said 13 one-bedrooms, 25 two bedrooms, 15 three bedrooms and 5 four
bedrooms.
Commission member Sears asked how the development will be paid for. Ms. Carr
discussed the approval of their tax credit application by Minnesota Housing and the
potential to receive tax increment financing (TIF) from the city. Mr. Sutter provided
additional information about a potential TIF award to the applicant. Ms. Strand asked
questions about potential rents and Ms. Carr provided that information.
Commission member Einfeldt-Brown asked how the rooftop mechanical might be
screened. Ms. Carr said screening probably won’t be necessary, but discussed
options if screening is needed. Mr. Einfeldt-Brown asked about income limits for future
residents and Ms. Carr provided that information.
Mr. Sears asked about the number of staff who will be present at the building. Ms.
Carr said there will be two staff persons. For most of their buildings staff does not live
on the property.
Mr. Sears said that he is hesitant to recommend approval of the rezoning since the
city would be losing industrial land. Mr. Olson discussed the 2040 Comprehensive
Plan and the Town Center districts created as a result of that plan which both
encouraged redevelopment in this area. Mr. Sutter added that the property has been
vacant for 15 years and hasn’t redeveloped under the Industrial zoning. In addition the
TC-PD district was created to allow a different use if that is what the market desires,
but redevelopment is not mandated by the TC-PD regulations.
Chair Selton opened the public hearing.
Hearing no one from the public who wished to speak, Selton closed the public hearing.
Moved by Johnson and seconded by Einfeldt-Brown to recommend approval to the
City Council of the rezoning application for Crystal Housing Group at 5232-5256 West
Broadway Avenue with the conditions in the staff report. Ayes: Buck, Heigel, Selton,
Einfeldt-Brown, Johnson, and Scholz. Nays: Sears and Strand.
Motion carried.
b. Miscellaneous amendments to the Unified Development Code (Application 2022-08).
Olson presented a summary of the staff report and stated he is recommending
approval of the amendments.
Commission member Johnson asked if we mandated owner-occupancy for a
townhome development. Mr. Olson said no. Mr. Sutter added that an existing
condominium development in Crystal has been increasingly becoming renter-
occupied, but the CIC amendment will encourage owner-occupancy. Mr. Gilchrist
summarized Minnesota’s condominium laws.
Unapproved Planning Commission Minutes – August 8, 2022
Chair Selton asked how the Commission can make a recommendation on all of the
various amendments. In making a recommendation to the City Council, Mr. Sutter said
the Commission has the ability to recommend approval on some amendments and
denial on others. Mr. Gilchrist said that the whole ordinance should be kept together
no matter the recommendation on specific amendments.
Commission member Strand asked if how we define yards and setbacks will change.
Mr. Olson said no in all cases except for through lots where the zoning administrator
would determine the front yard.
Chair Selton opened the public hearing.
Mr. Pearson said he was in support of the amendment to make vehicle sales a
conforming use on his property at 6048-6058 Lakeland Ave N.
A Crystal resident said that words and definitions matter, and the purpose of the UDC
is to protect public safety. These amendments do not protect public safety. Later in the
meeting this resident provided a list of amendments he objects to: 1, 3-6, 11, 14, 16,
17, 27-29, and possibly the amendment added after the Planning Commission packet
was delivered.
A second Crystal resident said she objects to amendment #11 (building signage) and
does not want amendments that would remove a requirement for public street access.
Without that access emergency vehicles cannot respond appropriately.
A third Crystal resident said these amendments take away decision making ability
from residents and gives it to the city planner and developers. She discussed how she
disagreed with the subdivision application at 6613 – 36th Avenue N. She asked the
Commission to recommend denial of the amendments.
A fourth Crystal resident said the amendments are an inappropriate response to the
bad decision made for the subdivision application at 6613 – 36th Avenue N. He was in
favor of allow vehicle sales at Premier Motors.
Hearing no one else from the public who wished to speak, Selton closed the public
hearing.
Ms. Strand said the subdivision approval at 6613 – 36th Avenue N was wrong and she
can’t support these UDC amendments. These amendments are very complicated and
more time is needed to understand them. Mr. Sears said some of the amendments are
not warranted, don’t make sense, and he is not in favor of recommending approval.
Mr. Heigel asked if they could recommend approval on some of the amendments and
then table others for further study. Mr. Gilchrist said the entire ordinance was brought
before them and they can recommend approval on some and denial on others, but the
ordinance needs to stay together.
Commission member Scholz moved that the Commission recommend denial of 1, 3-6,
11, 14, and 26-30, and recommend approval of the rest. Later Ms. Scholz withdrew
her motion (a second had not been made).
Unapproved Planning Commission Minutes – August 8, 2022
Ms. Scholz said there are amendments that should be approved because of their
minor nature. The failure of the commission to not recommend these items could be
looked upon by Council as a failure to act. Ms. Strand said the Commission did not
have time to analyze these amendments as thoroughly as is needed.
Moved by Strand and seconded by Buck to recommend denial to the City Council of
the UDC amendments, with the exception of the amendment to allow vehicle sales
north of Lombardy Lane. Ayes: All 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 variance for Maria Basurto at 4100 Hampshire Avenue N. and
the subdivision (lot split) for Noberg Homes at 6810 – 60th Avenue N.
• Update from Council Liaison: City Council liaison Brendan Banks updated the
Commission on what the Council is working on: police station open house on
September 24, retirement of city manager Anne Norris on October 28, future of the
community pool improvements, and asking Metro Transit to include lane reduction in
the environmental analysis for the light rail project.
• Staff preview of likely agenda items for Monday, September 12, 2022 meeting.
Planner Olson said he has not received any applications for the September meeting,
but the application deadline is not until next week.
7. OPEN FORUM
Commission member Strand asked about the new sign at 3501 Douglas Drive N (Suite
Living of Crystal) and wondered if its brightness could be toned down. Mr. Olson said he
would look into it.
Mr. Einfeldt-Brown asked when the ribbon cutting will be for the Suite Living facility. Mr.
Sutter said the date is still pending.
8. ADJOURNMENT
Moved by Buck and seconded by Heigel to adjourn. Ayes: All. Nays: None
Motion carried.
The meeting adjourned at 9:28 p.m.
5730 BOTTI NEAU BOULEVARD – VARIANCE APPLICATION
PAGE 1 OF 4
___________________________________________________________________________
FROM: Dan Olson, City Planner
___________________________________________________________________________
TO: Planning Commission (for October 10 Meeting)
DATE: October 4, 2022
RE: PUBLIC HEARING - Variance request from Scott Endres for a new
monument sign at 5730 Bottineau Boulevard (Application Number 2022-09)
A.BACKGROUND
Scott Endres, owner of Crystal Vision Clinic under construction at 5730 Bottineau
Boulevard, has applied for a variance for a new monument sign on the property, which
is zoned Commercial.
Notice of the October 10 public hearing was published in the Sun Post on September
29 and mailed to property owners, renters, and commercial tenants within 500 feet (see
attachment A), and posted to the Skyway, Twin Oaks, Becker and North Lions
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.Project narrative submitted by applicant
D.Site plan showing proposed sign location
E.Drawing of proposed sign
PLANNING COMMISSION STAFF REPORT
Variance for 5730 Bottineau Boulevard
5730 BOTTI NEAU BOULEVARD – VARIANCE APPLICATION
PAGE 2 OF 4
B.VARIANCE REQUEST
Proposed variance
The applicant owns a vision clinic that is currently under construction at 5730 Bottineau
Boulevard and he would like to install a new monument sign at the intersection of
Highway 81 (Bottineau Boulevard) and Crystal Airport Road (attachment C). The city’s
sign code has a maximum height of 6 feet and 75 sq. ft. in size for this type of sign,
which is quite small to provide identification for the clinic from a busy highway. The
applicant is proposing a sign that would not exceed 25 feet in height and 150 sq. ft. in
area (attachment E).
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 a
larger monument sign will not impede access to adequate light or air for
adjacent properties or for the clinic. If the variance is approved, the
property will continue to be in conformance with the Comprehensive Plan’s
Mixed Use 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 new monument sign is a reasonable
use permitted by the city’s zoning regulations.
5730 BOTTI NEAU BOULEVARD – VARIANCE APPLICATION
PAGE 3 OF 4
The requested variance is necessary to ensure that the sign can be
installed on the property in a way which provides the best possible
commercial use of the property, but does not negatively impact
neighboring properties. In addition the variance is necessary due to the
location of the property on a high-speed arterial which requires a taller
sign to ensure visibility from the roadway.
The essential character of this area will not change if the variance is
approved:
•Directly south of the vision clinic is the Crystal Medical Center
which has a monument sign that is 25 feet tall and
approximately 140 sq. ft. in area.
•Another monument sign is located at the office building at
6000 – 56th Avenue North (approximately 1,000 feet from the
vision clinic property). This sign is 15 feet tall and 150 sq. ft in
area.
•The proposed variance would impose the same limits as for
other types of freestanding signs.
c)Economic considerations alone do not constitute practical difficulties.
Response: The primary consideration is the location of the property on a
high-speed arterial. Therefore economic considerations alone are not the
sole reason for requesting this variance.
D.REQUESTED ACTION
The Planning Commission is asked to make a recommendation to the City Council to
either deny or approve the variance application from Scott Endres at 5730 Bottineau
Boulevard to allow a new monument sign as follows:
➢Height: The sign cannot exceed 25 feet in height.
➢Area: The sign cannot exceed 150 sq. ft. in area.
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:
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,
5730 BOTTI NEAU BOULEVARD – VARIANCE APPLICATION
PAGE 4 OF 4
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 October 18, 2022.
Site Location and Public Hearing Notice Mailing Map
5730 Bottineau Boulevard
4141 Douglas Dr. N.
Crystal MN 55422
Attachment A
Zoning Map
5730 Bottineau Boulevard
4141 Douglas Dr. N.
Crystal MN 55422
Attachment B
Attachment C
Attachment D
Attachment E