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2023.01.09 - 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, January 9, 2023 7 p.m. Crystal City Hall and Zoom Video Conference Zoom call information: https://go.crystalmn.gov/Jan09 (meeting ID is 852 2814 4709 and password is 414141) or call-in toll free at 888-475-4499 1. Call to Order 2. Approval of Minutes* a. Monday, November 14, 2022 meeting minutes 3. Public Hearing* a. Variance request from Michael Reimann to the lot depth and rear setback requirements for a proposed two-family dwelling at 5020 Welcome Avenue North (Application Number 2023-01) 4. Old Business - None 5. New Business a. Election of Officers* 1) Chairperson 2) Vice-Chairperson 3) Second Vice-Chairperson 6. General Information a. City Council actions on previous Planning Commission items: – UDC text amendment relating to vehicle sales b. Update from Council liaison c. Staff preview of likely agenda items for Monday, February 13, 2023 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, January 9, 2023 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 November 14, 2022 regular meeting with the following exceptions: Motion carried. 3. PUBLIC HEARING* a. Variance request from Michael Reimann to the lot depth and rear setback requirements for a proposed two-family dwelling at 5020 Welcome Avenue North (Application Number 2023-01) 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 Michael Reimann. Motion carried. 4. OLD BUSINESS - None 5. NEW BUSINESS 6. GENERAL INFORMATION a. City Council actions on previous Planning Commission items: - UDC text amendment relating to vehicle sales b. Update from Council Liaison c. Staff preview of likely agenda items for Monday, February 13, 2023 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 – November 14, 2022 CRYSTAL PLANNING COMMISSION MINUTES Monday, November 14, 2022 at 7:00 p.m. Council Chambers, 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  Commissioner (Ward 1) Heigel X Commissioner (Ward 3) Maristany [Sec. Vice Chair]  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, City Council liaison Brendan Banks, Dan and Debbie Pearson (representing Premier Motors) and other interested persons. 2. APPROVAL OF MINUTES Moved by Sears and seconded by Strand to approve the minutes of the October 10, 2022 regular meeting. Ayes: Strand, Sears, Selton, Einfeldt-Brown, Maristany, and Scholz. Abstain: Buck Nays: None Motion carried. 3. PUBLIC HEARING a. UDC text amendment request from Dan and Debbie Pearson to revise requirements for vehicle sales (Application 2022-10). Chair Selton opened the public hearing. Olson presented a summary of the staff report and stated he is recommending approval of the text amendment. Commission member Maristany asked why the City stopped allowing vehicle sales at this location. Planner Olson said that in 2004 the City Council determined that they wanted these types of sales to only occur in certain areas of the city and north of 56th Ave N. was not one of them. Commission member Buck asked if they’d seen this amendment previously. Planner Olson said yes that this amendment, and many other UDC amendments, were adopted last September by the City Council after a recommendation by the Planning Commission. After the amendment was adopted, a resident filed a successful petition to stop the ordinance from going into effect. The City Council is expected to make a decision on the future of that amendment at an upcoming meeting. The Pearsons did not want to wait for that decision and are asking for this individual amendment to be considered by the City. Unapproved Planning Commission Minutes – November 14, 2022 Hearing no one from the public who wished to speak, Selton closed the public hearing. Commission member Maristany asked if the applicants can purchase additional property for future vehicle sales. Planner Olson said no, that this amendment is just for those properties shown in the staff report. Maristany asked the applicants why they are asking for the amendment. Mr. Pearson said there is vacant space within the property that can be used for vehicle sales and he wants to use it for that purpose. Moved by Strand and seconded by Einfeldt-Brown to recommend approval to the City Council of the text amendment application for Dan and Debbie Pearson. 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 the new monument sign at 5730 Bottineau Boulevard. • Update from Council Liaison: City Council liaison Brendan Banks did not have any Council updates, but said he has enjoyed working with the Commission (Mr. Bank’s term ends at the end of December, and he did not seek re-election). • Staff preview of likely agenda items for Monday, December 12, 2022 meeting. Planner Olson said he has not received any applications for the December meeting, but the application deadline is not until tomorrow. 7. OPEN FORUM Commission member Sears said that planned crosswalk improvements by the city at 32nd and Douglas are needed. He sees a lot of pedestrians struggling to make that crossing. Commission member Strand said that the city of New Hope has revoked a rental license for a group home and wondered if Crystal has the same code enforcement regulations for group homes as “regular” rentals. Planner Olson said yes for code enforcement, but some group homes are licensed and some are not. The City Council is expected to review possible amendments to the rental license at an upcoming meeting. 8. ADJOURNMENT Moved by Strand and seconded by Einfeldt-Brown to adjourn. Ayes: All. Nays: None Motion carried. The meeting adjourned at 7:25 p.m. 5020 WELCOME AVENUE NORTH – VARIANCE APPLICATION PAGE 1 OF 4 ___________________________________________________________________________ FROM: Dan Olson, City Planner ___________________________________________________________________________ TO: Planning Commission (for January 9 Meeting) DATE: January 4, 2023 RE: PUBLIC HEARING - Variance request from Michael Reimann to the lot depth and rear yard setback requirements for a proposed two-family dwelling at 5020 Welcome Avenue North (Application Number 2023-01) A. BACKGROUND Michael Reimann, who owns the building at 5020 Welcome Avenue North, has applied for variances to reduce the minimum lot depth and rear yard setback requirements for a proposed two-family dwelling. The property is zoned Low Density Residential (R-1). Notice of the January 9 public hearing was published in the Sun Post on December 29 and mailed to property owners, renters and commercial tenants within 500 feet (see attachment A), and posted to the Cavanagh Oaks and Welcome Park 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. Historic and current aerial photos. D. Current property photos. E. Property survey showing existing lot depth and building setbacks. F. Existing floor plan. G. Project narrative submitted by applicant. PLANNING COMMISSION STAFF REPORT Variance for 5020 Welcome Avenue North 5020 WELCOME AVENUE NORTH – VARIANCE APPLICATION PAGE 2 OF 4 B. VARIANCE REQUEST Property history The 13,604 sq. ft. subject property is a remnant of a larger farmstead property accessed from Vera Cruz Avenue - see aerial photos (attachment C). The existing residential building at 5020 Welcome was constructed before 1937 as a farmstead outbuilding of some type, and the detached garage was constructed in the early 1950s. Also in the early 1950s, Welcome Avenue was platted and constructed through the farmstead, allowing for the development of multiple homes. As a result of this history, 5020 Welcome does not meet the minimum 100-foot lot depth and the existing residential building does not meet the 30-foot minimum rear yard setback. The interior building layout (attachment F) suggests that it was used in the past as a two- family dwelling although it was never legally approved by the city for that use and thus was never lawfully nonconforming. Since 2005 the building has been used as a single- family home but the current layout easily allows for two equally-sized units. Proposed variances With the exception of the minimum lot depth requirement of 100’, the property meets the zoning requirements for a two-family dwelling. There is an existing two-car garage on the property so minimum parking requirements are met. In order to use the building as a two-family dwelling, the applicant is requesting the following two variances: ➢ Lot depth. Reduce minimum lot depth from 100’ to 84’ ➢ Rear yard setback. Reduce the 30’ minimum rear yard setback to 15’, which is consistent with the location of the existing building. C. RECOMMENDED FINDINGS The following are the relevant approval criteria for these variances 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 variance to reduce the lot depth and to confirm the existing rear yard building setback will not impede access to adequate light or air for adjacent properties or for the existing building. 5020 WELCOME AVENUE NORTH – VARIANCE APPLICATION PAGE 3 OF 4 If the variances are approved, the building will continue to be in conformance with the Comprehensive Plan’s Low Density Residential future land use designation. With two units, the gross density would be five units per acre, which is within the allowed density of no more than six units per gross acre in the R-1 district. 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 two-family dwelling is a reasonable use permitted by the city’s zoning regulations. Practical difficulties in utilizing the lot are its unusual shape and disproportionate shallowness which were caused by the construction of Welcome Avenue in the early 1950s, at least 15 years after the building was constructed. The requested variances are necessary to ensure that the building can be utilized 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 variances are approved. The existing lot at 5020 Welcome is approximately double the size of most of the other lots on Welcome Avenue, and the existing building location far exceeds the front and side yard required setbacks. The combination of the lot size and increased setbacks allow for open space between neighboring properties. c) Economic considerations alone do not constitute practical difficulties. Response: The manner in which the lot was physically configured in the early 1950s makes it difficult to meet the city’s current 100-foot lot depth and rear yard setback requirements without a variance. Therefore, 5020 WELCOME AVENUE NORTH – VARIANCE APPLICATION PAGE 4 OF 4 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 Michael Reimann at 5020 Welcome Avenue North to modify the minimum lot depth and building setbacks as follows: ➢ Lot depth: Reduce lot depth from 100’ to 84’ ➢ Rear yard: Reduce rear yard setback from 30’ to 15’ for the existing building and future additions 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. Compliance. The variances are 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 January 17, 2023. Site Location and Public Hearing Notice Mailing Map 5020 Welcome Ave N 4141 Douglas Dr. N. Crystal MN 55422 Attachment A Zoning Map 5020 Welcome Ave N 4141 Douglas Dr. N. Crystal MN 55422 Attachment B 1945 Aerial Photo: Attachment C 2021 Aerial Photo: Former farm outbuilding (now part of Fun Services at 5617 Corvallis) Former farm outbuilding (now 5020 Welcome) Former farmhouse (now 5023 Welcome) 2022 Property Photos: Attachment D "UUBDINFOU& Attachment F Variance Narrative 5020 Welcome Ave N 1. Variance Narrative Submit a separate narrative document which answers or addresses the following questions about the proposed variance. a) What is the zoning district for the property? Low Density (R1) b) What is the existing use for the property? Vacant Property c) What is the proposed use for the property? Duplex d) What requirement of the unified development code (City code chapter 5) are you requesting a variance from? Lot Depth and reduce rear yard setback as required in city code section 520.03 e) Describe how the variance request is in harmony with the general purposes of the unified development code (City code section 500.03). The R1 allows for a duplex. The property will be a duplex. f) Describe how the proposed variance is consistent with the Comprehensive Plan, such as the planned use map. The property is guided LDR. The duplex will be in conformity with the designation. g) Describe the unique circumstances of the property that create a need for a variance. The building was constructed as a duplex, not as a single-family home. h) Describe how granting the variance will not change the essential character of the surrounding area. The street will still be considered an LDR. Attachment G ELECTION OF OFFICERS PAGE 1 OF 1 _____________________________________________________ FROM: Dan Olson, City Planner ____________________________________________________________________ TO: Planning Commission (for January 9 Meeting) DATE: January 4, 2023 RE: Election of Officers The Planning Commission has three officer positions, elected by the members of the commission: • Chairperson. Currently Joe Selton (since January 14, 2019) • Vice Chairperson. Currently Joe Sears (since March 8, 2021) • Second Vice Chairperson. Currently James Einfeldt-Brown (since March 14, 2022) The duties of each officer position are described in the attached bylaws. Planning Commission action on each office is requested using the following procedure: • The meeting chair asks for a motion and second for any nominations for the office. Before the second, the chair should ask the person nominated if they accept the position. • If there is only one nomination, the commission would fill the office by voice vote. • If there are two or more nominations, each commission member would vote for one of the nominated members using paper ballots tabulated by the recording secretary. The candidate receiving the most votes is elected to the position. In the event of a tie, a coin toss is used as a tie-breaker. PLANNING COMMISSION STAFF REPORT Election of Officers PLANNING COMMISION BYLAWS - APPROVED BY CITY COUNCIL 2/05/19 Page 1 of 3 CITY OF CRYSTAL PLANNING COMMISSION BY-LAWS ARTICLE I. MISSION STATEMENT The role of the Crystal Planning Commission is to serve the City Council and citizens of Crystal by formulating recommendations in land use matters and by devoting the time necessary to listen to fact, to consider public input and to render decisions in an objective manner. To be successful in this role, Planning Commissioners acknowledge and honor these values:  Open-mindedness: Decisions are made free from prejudice or bias; Commissioners are receptive of new ideas and to reason.  Respect: Commissioners listen to and show respect for the opinions and positions of fellow Commissioners as well as those who come before the Commission.  Equal treatment: Everyone appearing before the Commission has the same privileges, status and rights.  Attack the problem, not the person: Personal attacks are not tolerated, but honest and informed debate is encouraged.  Offer and accept constructive criticism: Constructive comments are to be encouraged and welcomed; unfavorable judgments that find fault and fix responsibility are not.  Responsibility to the City of Crystal: The best interests of the city of Crystal are paramount and rise above parochial interests.  Shared responsibility: The Commission as a whole bears the responsibility for decisions and recommendations that are made. ARTICLE II. ORGANIZATION A. Election of Officers The officers of the Commission shall be elected by the members of the Commission at the first meeting each year. Officers shall serve for a period of one year, commencing with the first meeting of each year. The term of office for each Officer is one year. B. Officers The officers of the Commission shall be a Chairperson, Vice Chairperson, and Second Vice Chairperson. PLANNING COMMISION BYLAWS - APPROVED BY CITY COUNCIL 2/05/19 Page 2 of 3 C. City staff liaison There shall be a city staff liaison who is not a member of the Commission. D. Duties 1. The Chairperson shall preside at all meetings of the Commission, shall have such powers of the supervision and management as may pertain to the office of the Chairperson. 2. The Vice Chairperson shall preside and perform all duties of the Chairperson in the event of the Chairperson’s absence, disqualification or disability. 3. The Second Vice Chairperson shall preside and perform all duties of the Chairperson in the event of both the Chairperson’s and Vice Chairperson’s absence, disqualification, or disability. 4. The city staff liaison shall keep the minutes of all meetings and all records of the Commission. Minutes of the meetings shall be mailed or delivered to all Commission members and shall include the notice and agenda for the next regular meeting. The liaison shall notify all members of any special meeting of the Commission. 5. It shall be the duty of each member to notify the city staff liaison if such meeting cannot be attended. The liaison will then notify the chairperson of such absences. D. Task Force Task forces shall be formed when deemed necessary by the Chairperson. Such Task Forces shall consist of a leader, who shall be a member of the Commission, and any number of people, members or non-members, the leader deems necessary to successfully complete the task. The Chairperson shall appoint the leader of any Task Force, keeping in mind the interests of individual members. The Chairperson and Vice Chairperson shall be ex officio members of any Task Force formed. ARTICLE III. MEETINGS A. The Commission shall hold a minimum of twelve regular monthly meetings on the second Monday of each month at 7:00 p.m., unless otherwise set by the Commission at the January meeting of each year. In addition, the date and time for any one monthly meeting may be changed by a majority vote of the quorum. Meetings may be cancelled if there are no scheduled public hearings. B. Quorum, consisting of a majority of the members of the Commission, shall be sufficient to transact the business of the Commission. C. The Commission may hold special meetings to complete or initiate business at the call of the Chairperson, or upon the request of three members of the Commission. D. The roll shall be called at each meeting and a record of those members present or absent shall also be recorded in the minutes of such meeting. PLANNING COMMISION BYLAWS - APPROVED BY CITY COUNCIL 2/05/19 Page 3 of 3 E. The order of business will be as follows: Call to Order Approval of Minutes Public Hearings Old Business New Business General Information Open Forum Adjournment ARTICLE IV. ATTENDANCE Attendance is required at all meetings. Absence from more than three regular meetings in a calendar year is not considered acceptable because it impairs the Commission’s ability to fulfill its responsibilities to the community. For this reason, upon a Commissioner’s fourth absence from a regular meeting within a calendar year, the Chairperson shall notify the Mayor of such absences and the City Council may take action to remove the Commissioner. ARTICLE V. GENERAL PROVISIONS No member of the Commission shall be authorized to speak on behalf of the Commission publicly until the Commission has first considered and approved such statements. The City Council or City Manager shall be notified in advance of the nature of any public statement of official policy concerning the Commission. ARTICLE VI. AMENDMENTS These rules and procedures may be amended by the city council after a majority of the membership makes a recommendation for an amendment. Notice of the proposed amendments shall be mailed to all members of the Commission by the city staff liaison prior to the meeting at which the amendments are to be voted upon. Any member of the Commission may, in writing, propose amendments to these rules and procedures.