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HomeMy WebLinkAbout02-08-12-PC Chair Clayton Larson 1245 W. Highway 96 Commissioners EN HILLS Arden Hills, MN 65112 Angela Harries651.792.7800 Andrew Holewa www.ci.arden-hills.mmus Samuel Scott Arden Hills Roberta Thompson Clayton Zimmerman Planning Commission Janet Stodola (Alternate) Work Session February 8, 2012 City Vision A strong community that values our unique environment, our fiscal soundness, and our tradition as a desirable city in which to live, work, and play. Agenda Regular Planning Commission Convenes 6:30 PM Oath of Office—Janet Stodola, Clayton Larson Call to Order—Role Call 1. APPROVAL OF THE AGENDA 2. MINUTES A. September 7, 2011, regular meeting B. November 9, 2011, work session 3. PLANNING CASES A. Planning Case 12-001 —Zoning Code Amendment; City of Arden Hills; Expansion of Nonconforming Single-family Properties—Public Hearing 4. UNFINISHED AND NEW BUSINESS 5. COMMENTS AND REPORTS A. Report from the City Council B. Planning Commission Comments C. Staff Comments 6. ADJOURNMENT A quorum of the City Council may be present at this meeting. Planning Cases are available online at: http://www.ci.arden-hills.mn.us/planningcases ,- RI`EN HILLS MEMORANDUM DATE: February 8, 2012 PC Agenda Item 3.A TO: Planning Commission FROM: Meagan Beekman, City Planner SUBJECT: Planning Case 12-001 -Zoning Code Amendment—Expansion of Single and Two-family nonconforming Dwellings Request Consider approval of Planning Case 12-001 to Amend Section 1325.03 Subd 2.1) of the Zoning Code to allow for the expansion of single and two-family nonconforming dwellings under certain circumstances, as presented in the February 8, 2012,report to the Planning Commission. Background At the February 22, 2011, joint work session the City Council and the Planning Commission discussed several possible zoning code amendments. One such discussion item was the allowance of certain types of expansions of nonconforming structures. At present,the City Code allows for the repair, replacement, improvement, and maintenance, but not the expansion, of nonconforming uses and structures. While this regulation functions well for the vast majority of commercial uses in the City, it can make small improvements to nonconforming single and two- family homes difficult, because any expansion requires a variance. Applications such as these make up the majority of the variance applications that the City processes. At the February 22, 2011,joint work session, Staff was directed to proceed with revisions to the Zoning Code, similar to the Front Porch Ordinance, which would create circumstances where certain types of development could occur without the need for a variance. City of Arden Hills Planning Commission Work Session for February 8, 2012 P:0anning0anning Cases12012112-001-Zoning Code Amendment-Expansion Ordinance(Pending)W-08-12- PC Memo-Expansion Ordmance.doc Page 1 of 3 Staff prepared draft language which was presented to the Planning Commission at their November 9, 2011, work session. The Planning Commission suggested a few modifications at that meeting, and Staff presented a revised draft to the City Council at their November 28, 2011, work session. At that time, the City Council directed Staff to move forward with formally presenting the revisions to the Planning Commission and holding a public hearing. Discussion One of the most common issues that arise when residents call to inquire about home improvements is that their houses are already considered legally nonconforming; they were constructed during a time when setbacks were not as great as they are now, and any expansion of the house is not allowed without a variance. For example, many homes constructed prior to 1970 or so, which include nearly all of the homes in the southwest corner of the City, were constructed with 30-foot front yard setbacks; however, the City Code now requires a 40-foot front yard setback. Similarly, homes constructed with five-foot side yard setbacks in the R-1 District now have a ten-foot minimum setback. The City does not allow expansions within existing setbacks of nonconforming houses; therefore, these homes cannot be expanded without a variance. Because these are not unique situations in the City, many of these situations are not clear candidates for variances. Residents can choose to submit a variance application, which takes between 60 and 90 days to process, or may choose to forego the improvement to avoid the variance process all together. Some cities already have provisions that allow some flexibility through an administrative review. For example, Roseville, New Brighton, Minnetonka, and Burnsville all allow additions to nonconforming structures up to their existing setbacks under certain circumstances. No amount of zoning text amendments will eliminate the need for variances altogether, or change the fact that some people will want to make improvements to their home that are not in keeping with the character of the community and therefore, should not be allowed. On the other hand, allowing people to reasonably improve their homes and maintain value is an important aspect of maintaining a community's housing stock. Proposed Section 1325.03, Subd 2.D Staff is proposing an amendment to Section 1325.03 of the Zoning Code. The amendment adds Subd 2.13, which addresses the circumstances under which a single or two-family nonconforming dwelling could expand without the need for a variance (Attachment A). With the recent revisions to State Statute regarding variances, and the subsequent amendments to the City's variance procedures, the variance review criteria has become seemingly easier to City of Arden Hills Planning Commission Work Session for February 8, 2012 P:0anning0anning Cases120M2-001-Zoning Code Amendment-Expansion Ordinance(Pending)W-08-12- PC Memo-Expansion Ordinance.doc Page 2 of 3 overcome in most instances. While this may make the variance process more accessible to some residents, the process remains time and resource consuming for both the City, and those seeking exceptions from the Code. Minimizing the need for variances will remove road blocks to some home improvement projects, by making the City process more efficient and less daunting. Recommendation Staff recommends approval Planning Case 12-001 to Amend Section 1325.03 Subd 2.1) of the Zoning Code to allow for the expansion of single and two-family nonconforming dwellings under certain circumstances, as presented in the February 8, 2012, report to the Planning Commission. If the Planning Commission makes a recommendation on this item it will go to the City Council at their February 13, 2012, meeting. If approved, the ordinance would go into effect the day following official publication, on February 23, 2012. Notice Notice was published in the Shoreview-Arden Hills Bulletin. Review Deadline There is no review deadline for this item. Attachments • Section 1325.03 of the Zoning Code—Black-lined Version City of Arden Hills Planning Commission Work Session for February 8, 2012 P:IPlanninglPlanning Cases12012U2-001-Zoning Code Amendment-Expansion Ordinance(Pending)W-08-12- PC Memo-Expansion Ordinance.doc Page 3 of 3 City of Arden Hills Chapter 13 Zoning Code Section 1325 - General Regulations 1325.03 Exceptions to the Minimum Requirements for All Districts. Subd. 2 Permitted Encroachments. A. Parts of the Principal Structure. In all zoning districts except R-2 and R-3, features which are part of a principal structure, including but not limited to eaves, cantilevered areas, cornices, canopies, awnings, balconies, fire escapes and chimneys, may extend three (3) feet into the required front, side, and rear setbacks but in no case shall these encroachments be less than six (6) feet from any lot line. Decks, uncovered porches, ramps, and steps may extend six (6) feet into the required front, side, and rear setbacks but in no case shall these encroachments be less than six (6) feet from any lot line. In R-2 and R-3 zoning districts, the encroachments listed in this Part A shall not be less than three (3) feet away from any lot line. Required steps per the International Codes shall be permitted encroachments in all districts. (Adopted 12120107) B. Equipment Attached to the Ground or Other Structure. Recreational equipment, gym sets,picnic tables,patios,barbecue grills, and clotheslines which are more or less permanently attached to the ground or are attached to some other structure having a location on the ground may be located in side or rear yards provided these are not less than two (2) feet from any lot line. C. Intersection Visibility. On a corner lot, nothing shall be placed in the clear vision area, and nothing shall be allowed to grow in such a manner as to materially impede vision now or in the future between a height of two and one-half(2-1/2) and ten(10) feet in the clear vision area. (Revised 3118109) D. Single and. Two-Family Nonconforming Dwellings. For already developed lots on which a principal structure exists, but is nonconfornling for reasons of setbacks or lot dimension, the principal structure may be expanded provided that all of the following_provisions are met: 1. The proposed addition extends no closer to a property line than the pre-existing nonconforming structure; 2. If the addition expands the footprint of the structure, then the proposed addition extends no closer than thirty (30) feet from the front property line or five feet from a side property line; Section 1325—General Regulations Adopted: November 13,2006 Page 1 of 2 City of Arden Hills Chapter 13 Zoning Code 3 The exterior materials of the proposed addition are consistent or complementary in color, texture and quality with those visible on the existing structure; 4. The roof of the proposed addition is integrated into, and consistent with,the existing roof of the structure; 5. The addition does not adversely affect drainage on the lot or neighboring properties; 6. The addition does not extend within a drainage and utility easement and:meets all requirements of the Building and Fire Code, 7. The addition does not expand the nonconforming height of a structure; 8. The addition does not further increase nonconforming lot coverage; 9. The addition does not create any new nonconforming conditions. A-.E. Covered Porches for Single-Family Detached Dwellings. 1. For already developed lots on which a principal structure existed prior to May 1, 2006, the Covered Porch shall not be closer to the front lot line and side yard corner as determined by the following provisions: a. The Covered Porch shall be set back from the front lot line and side yard corner at least the number of feet calculated by the following formula: Current principal structure setback in feet multiplied by .75 = Covered Porch setback from the front lot line and side yard corner in feet (For example, if the principal structure is thirty-two (32) feet from the front lot line, then: 32 feet * .75 = 24 foot setback from the front lot line and side yard corner for the Covered Porch. In this case, the Covered Porch may extend up to eight (8) feet from the principal structure into the front setback) For this subsection, the principal structure setback is defined as: The setback from the front lot line to the front of the principal Section 1325—General Regulations Adopted: November 13,2006 Page 2 of 2 lt ,i UVEN HILLS MEMORANDUM DATE: February 8, 2012 PC Agenda Item 5.A TO: Planning Commission FROM: Meagan Beekman, City Planner SUBJECT: Report from the City Council B2 Implementation Plan Update The City Council directed Staff to enter into a contract with Bolton &Menk for Phase I of the B2 Implementation Plan. According to the approved Scope of Work, at the end of Phase 1,the City will have analyzed options, obtained input from business owners, and defined specific objectives and a preliminary construction budget. As part of Phase I,the City Council will appoint an Advisory Committee which will include representatives of the Council, business owners within the B-2 District,and staff. The Advisory Committee will begin meeting in mid- to late-February. In Phase 1I, improvements identified in Phase I will be designed. Cost estimates, specifications, and a construction timeline and phasing schedule, if necessary, will be prepared, and the City will be ready to proceed to bidding and the construction of improvements. In order to minimize business disruptions,the B-2 District Implementation Plan is scheduled to be completed so that improvements to County Road E can take place concurrently with the reconstruction of the bridge over Highway 51. Arden Plaza—Walureen's Update Since the Planning Commission and City Council's approval of the Arden Plaza redevelopment, CVS withdrew from negotiations with Arden Plaza and Walgreen's moved forward with purchasing Lot 1. At their December 19, 2011, work session the City Council met with representatives of Walgreen's to discuss the minor modifications proposed for the approved Lot 1 site plan. The Walgreen's building and layout would be substantially similar to that approved for the CVS; however,the building would be eight feet wider, reducing the drive-thru to one lane City of Arden Hills Planning Commission Meeting for February 8, 2012 PAPlanning\Planning Commission\CC Reports\02-08-12-PC report-CC report.doc Page 1 of 2 and enclosing the trash receptacles to the interior of the building. In addition, the Walgreen's building would have no EIFS, and would be comprised entirely of brick and glass. The Council directed Staff to move forward with negotiating a development agreement with Walgreen's based on these minor modifications. Demolition on the site has already begun by Arden Plaza, who filed the approved Final Plat with the County in December. At their January 30, 2012, meeting the City Council unanimously approved the Development Agreement between the City and Walgreens' representative. Construction is anticipated for the spring. March 19,2012, Joint City Council and PlanninE Commission Work Session Staff has scheduled a joint work session with the Planning Commission and City Council for 5:00 pm on March 19, 2012. The purpose of the work session is to discuss goals and a work plan for the Planning Commission for the coming year. Staff would ask the Planning Commissioners to begin thinking about possible projects and Zoning Code updates that might be proposed to the City Council for this year. This will be further discussed at the March 7, 2012, Planning Commission meeting. City of Arden Hills Planning Commission Meeting for February 8, 2012 PA\Planning\Planning Commission\CC Reports\02-08-12-PC report-CC report.doc Page 2 of 2