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2023.07.10 - 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, July 10, 2023 7 p.m. Crystal City Hall and Zoom Video Conference Zoom call information: https://go.crystalmn.gov/July10 (meeting ID is 848 4794 2117 and password is 414141) or call-in toll free at 888-475-4499 1. Call to Order 2. Approval of Minutes* a. Monday, May 8, 2023 meeting minutes 3. Public Hearing* a. Variance request from Daniel Pryde to the lot width and residential density requirements for a proposed two-family dwelling at 4309 Colorado Avenue North (Application Number 2023-05) 4. Old Business a. Recap of June 22 open house for update to LRT station area plan 5. New Business - None 6. General Information a. City Council actions on previous Planning Commission items: None b. Update from Council liaison c. Staff preview of likely agenda items for Monday, August 14, 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, July 10, 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 May 8, 2023 regular meeting with the following exceptions: Motion carried. 3. PUBLIC HEARING a. Variance request from Daniel Pryde to the lot width and residential density requirements for a proposed two-family dwelling at 4309 Colorado Avenue North (Application Number 2023- 05) 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 Daniel Pryde. Motion carried. 4. OLD BUSINESS a. Recap of June 22 open house for update to LRT station area plan 5. NEW BUSINESS* - None 6. GENERAL INFORMATION a. City Council actions on previous Planning Commission items: None b. Update from Council Liaison c. Staff preview of likely agenda items for Monday, August 14, 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 – May 8, 2023 CRYSTAL PLANNING COMMISSION MINUTES Monday, May 8, 2023 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 [Sec. Vice Chair] X Commissioner (Ward 1) Heigel X Commissioner (Ward 3) Maristany 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, City Council liaison Therese Kiser, Community Development Director John Sutter, Rachel Blaseg and Jeff McMenimen from Damon Farber, Ryan Kelley from Hennepin County, and Nick Landwehr from Metro Transit. 2. APPROVAL OF MINUTES Moved by Maristany and seconded by Sears to approve the minutes of the April 10, 2023 regular meeting. Ayes: Maristany, Heigel, Selton, Einfeldt-Brown, and Scholz. Abstain: Johnson, Strand and Buck. Nays: None Motion carried. 3. PUBLIC HEARING - None 4. OLD BUSINESS - None 5. NEW BUSINESS a. Presentation from consultant on update of the Blue Line LRT station area plan. Planner Olson introduced Rachel Blaseg and Jeff McMenimen from Damon Farber, who gave a presentation on the LRT station area plan update. Commission member Johnson asked what a HAWK signal is. Mr. McMenimen said it’s a mid- block crossing that allows the pedestrian to push a button to make vehicles stop so they can cross the intersection. Consultant SEH will make recommendations on how this signal system may impact traffic congestion. Unapproved Planning Commission Minutes – May 8, 2023 Commission member Heigel asked how pedestrians will cross to the train platform. Mr. Landwehr said that pedestrians will be able to push a button so they can safely cross to the platform. With much of the traffic raised on elevated highway 81, there will be fewer pedestrian/vehicle conflicts. There will be specialized audio or video signals to assist disabled persons with the crossing. Commission member Sears wondered if pedestrians will have time to make the crossing to the platform. Mr. Landwehr said the design is only in its early stages, but there will be median refuges to assist the pedestrian, as well as audio and visual signals. Commission member Scholz asked about opposition to the LRT alignment in Robbinsdale. Mr. Landwehr said that the Robbinsdale City Council has promoted an alignment on Highway 81, but Metro Transit will continue to work with community stakeholders to resolve issues. Commission member Strand expressed concern for how the project will be funded, with so many demands for federal, state and county funds. Commission member Maristany asked if the city or other government entities encourage property owners to redevelop their properties. Mr. Sutter said most of the sites are privately owned and the city can’t force redevelopment, but the city wants to be ready to assist those property owners who are or become interested. The updated station area plan will help the city in preparing for potential redevelopment. Mr. McMenimen said that the development community is pretty active as LRT lines become more of a sure thing, and he’s seen a lot of redevelopment along LRT lines that are already built or under construction. In Crystal, Becker Park and the denser development pattern at West Broadway and Bass Lake Road are important assets to the city. Commission member Maristany asked if redevelopment is critical for the success of the line. Mr. McMenimen said that more persons living in the station area is very helpful to assist in its success. Mr. Sutter said that LRT is an accelerator for redevelopment in Crystal, similar to what has happened in Richfield, which is redeveloping in response to market forces, not in response to LRT. Mr. Sutter also said Damon Farber is looking at specific redevelopment sites because of their lower market value, or that they have other elements that make the site attractive to developers. Economic density will also provide needed property tax revenue. Crystal doesn’t have vacant properties, which represents a challenge to redevelopment. Commission member Johnson asked how the project will be funded. Mr. Landwehr discussed the percentages to be paid by the federal government (federal transit administration) and county governments (sales and use tax revenue dedicated to transportation). The City will not be providing funding, but may make infrastructure improvements during construction if it makes sense to do so. Commission member Maristany asked if there is available road capacity for traffic increases brought about by redevelopment. Mr. Sutter said that traffic volumes are down for many roadways in the station area and there is sufficient capacity to handle those increased densities. Maristany asked if the Crystal police have any concerns about the LRT. Mr. Sutter said the police have some concerns for increased calls within the area. Mr. McMenimen said site design, such as increased lighting, helps reduce criminal activity. Commission member Heigel asked about an operations and maintenance for the line. Mr. Landwehr said a new facility will be built in Brooklyn Park. Unapproved Planning Commission Minutes – May 8, 2023 6. GENERAL INFORMATION • City Council actions on previous Planning Commission items: – Subdivision and Rezoning request from Hampton Companies to construct new townhomes at 3401-3415 Douglas Dr N. – UDC text amendment request from Amarok LLC to amend requirements for electric fences Planner Olson stated that the Council approved the rezoning and subdivision for the new townhomes, but denied the text amendment for electric fences. • Update from Council Liaison: Council liaison Kiser said the City Council has a new member: Taji Onesirosan, and that the Council will receive an update from Damon Farber on Thursday on the station area plan update that was presented tonight. • Staff preview of likely agenda items for Monday, June 12, 2023 meeting. Planner Olson said he has not received any applications yet, but the application deadline date is not until next week. 7. OPEN FORUM Commission member Scholz asked about the status of the two-family dwelling on 36th. Mr. Sutter said that according to the building official the dwelling is nearly complete. Commission member Einfeldt-Brown asked about the status of the 5240 Apartments. Mr. Olson said he believes the permit has been issued. 8. ADJOURNMENT Moved by Sears and seconded by Buck to adjourn. Ayes: All. Nays: None Motion carried. The meeting adjourned at 8:27 p.m. 4309 COLORADO AVENUE NORTH – VARIANCE APPLICATION PAGE 1 OF 4 ___________________________________________________________________________ FROM: Dan Olson, City Planner ___________________________________________________________________________ TO: Planning Commission (for July 10 Meeting) DATE: June 30, 2023 RE: PUBLIC HEARING - Variance request from Daniel Pryde to the lot width and residential density requirements to allow a two-family dwelling at 4309 Colorado Avenue North (Application Number 2023-05) A. BACKGROUND Daniel Pryde, who has recently purchased the building at 4309 Colorado Avenue North, has applied for variances to reduce the minimum lot width and increase density requirements to allow an existing large single-family home to be converted back into a two-family dwelling, which was its previous use. The property is zoned Low Density Residential (R-1). Notice of the July 10 public hearing was published in the Sun Post on June 29 and mailed to property owners, renters and commercial tenants within 500 feet (see attachment A), and posted to all 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. Current property photos. E. Property survey showing existing lot width F. Original floor plans (two-family dwelling) PLANNING COMMISSION STAFF REPORT Variance for 4309 Colorado Avenue North 4309 COLORADO AVENUE NORTH – VARIANCE APPLICATION PAGE 2 OF 4 B. VARIANCE REQUEST Property history The existing residential building at 4309 Colorado, which is located on a 10,003 sq. ft. lot, was constructed in 1984 as a two-family dwelling which was allowed by the city’s zoning regulations because the property was zoned R-3. In 1991 the common walls between the two units were removed making the building a single-family home so that the residence could be used as a large group home. When the city subsequently rezoned the property to R-1, the property lost its ability to be used for a two-family dwelling. Proposed variances The applicant is proposing to restore the interior walls to make two separate units. In order to convert the building back to a two-family dwelling, the applicant is requesting the following two variances: ➢ Lot width. Reduce minimum lot width for a two-family dwelling in the R-1 district from 80’ to 76’ ➢ Residential density. Increase the maximum density for the property from six to seven units per gross acre, according to the following calculation of gross density: 10,003 sq. ft. Size of the lot as shown on the property survey dated June 7, 2023. + 2,292 sq. ft. Colorado Avenue right-of-way to the centerline = 12,295 sq. ft. Total area included in the density calculation (gross density) = 6,148 sq. ft. Gross area per unit (12,295 / 2 units) There are 43,560 sq. ft. in one acre 43,560 / 6,148 = 7.08 units per gross acre which is more than 6 The applicant is not proposing to enlarge the building. Minimum parking requirements are met since there are existing two-car garages for each proposed unit on the property. If the variance is approved, the building will be addressed as 4303 and 4309 Colorado Ave N., which is the same way it was addressed prior to 1991. 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: 4309 COLORADO AVENUE NORTH – VARIANCE APPLICATION PAGE 3 OF 4 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 width and to increase the residential density from 6 to 7 units per gross acre will not impede access to adequate light or air for adjacent properties or for the existing building. If the variances are approved, the two-family dwelling will be in conformance to the Comprehensive Plan’s Low Density Residential future land use designation. This category includes single and two-family dwellings. 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 given its location between another two-family dwelling and a grocery store. The approval of the variance means that the city recognizes the reality that a two-family dwelling was allowed in 1984 and that this building is unlikely to be demolished. Since the footprint of the building is not proposed to change, and the required number of parking spaces are provided for both units, the essential character of the surrounding area will not change if the variance is approved. The existing lot at 4309 Colorado meets the minimum lot area and depth for a two-family dwelling, and the existing building location far exceeds the 4309 COLORADO AVENUE NORTH – VARIANCE APPLICATION PAGE 4 OF 4 required side yard setbacks, allowing for adequate open space between neighboring properties. c) Economic considerations alone do not constitute practical difficulties. Response: The applicant has expressed that the reason for the variance is to convert the building back to its original design as a two-family dwelling. Its current use as a six-bedroom house is contrary to the way it was originally built and laid out. 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 Daniel Pryde at 4309 Colorado Avenue North to modify the requirements for minimum lot width and residential density as follows: ➢ Lot width: Reduce lot width from 80’ to 76’ ➢ Residential density: Increase the residential density from 6 to 7 units per gross acre. 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 July 18, 2023. Site Location and Public Hearing Notice Mailing Map 4309 Colorado Ave N 4141 Douglas Dr. N. Crystal MN 55422 Attachment A Zoning Map 4309 Colorado Ave N 4141 Douglas Dr. N. Crystal MN 55422 Attachment B Attachment C Front (East side) - Facing Colorado Avenue N Rear (West side) Attachment D Attachment E Attachment F