HomeMy WebLinkAbout09-29-14-R I t
�-ADEN HILLS
Approved: November 10, 2014
CITY OF ARDEN HILLS, MINNESOTA
REGULAR CITY COUNCIL MEETING
SEPTEMBER 29,2014
7:00 P.M. -ARDEN HILLS CITY COUNCIL CHAMBERS
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City
Council meeting at 7:03 p.m.
Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, Dave
McClung, and Ed Werner
Absent: None
Also present: City Administrator Patrick Klaers; Director of Finance and Administrative
Services Sue Iverson; Public Works Director Terry Maurer; Community Development
Director Jill Hutmacher; Associate Planner Matthew Bachler; City Planner Ryan Streff;
and City Clerk Amy Dietl
PLEDGE OF ALLEGIANCE
1. APPROVAL OF AGENDA
Mayor Grant requested that Item F (1777 Gateway Boulevard — Stipulation of Settlement) and
Item G (1787 Gateway Boulevard— Stipulation of Settlement) be added to the Consent Agenda.
MOTION: Councilmember Holmes moved and Councilmember Holden seconded a
motion to approve the meetiniz astenda as amended. The motion carried
unanimously (5-0).
2. PUBLIC INQUIRIESANFORMATIONAL
James Hixson, 1840 Lake Lane, explained that he has lived in his home for the past eight years
and his home is quite small. Mr. Hixson is interested in putting an addition on his home, which
would require a survey and a grading and erosion control permit. He requested that the Council
reconsider these requirements to reduce the growing expense for his small project.
Mayor Grant asked that staff provide background information to the Council.
ARDEN HILLS CITY COUNCIL—SEPTEMBER 29, 2014 2
3. STAFF COMMENTS
A. TCAAP Update
Community Development Director Hutmacher reported that all buildings, with the exception
of the steel beams in Building 502, have been wrecked to grade. Most underground utilities have
been removed, and the removal of existing substations and utility poles has begun. As building
slabs are removed, soil samples are being taken and submitted to the Minnesota Pollution Control
Agency for clearance.
Community Development Director Hutmacher stated that the City Council has held two
meetings with Gateway Planning, the zoning consultant. Drafts of the TCAAP zoning ordinance
have been discussed by the City Council, and further revisions are anticipated. Additional
meetings with Gateway Planning are scheduled for November 3 and 17, 2014. City staff, County
staff, and financial consultants have been meeting with commercial and residential developers to
get feedback on land values, absorption rates, and the draft zoning document. Developers are
being invited to attend work sessions to allow the City Council an opportunity to ask questions
and have a direct dialogue with developers.
Community Development Director Hutmacher explained that on September 8, 2014,
representatives from Anderson Companies and Cushman & Wakefield/Northmarq attended the
City Council work session. Much of the discussion focused on how to ensure that commercial
development was attractive and that it was a good fit with other TCAAP development. The
developers believed that the site's amenities including open space, trails, and proximity to retail
and services would be attractive to users that offer high-quality jobs.
Community Development Director Hutmacher indicated that on September 22, 2014,
representatives from Pratt Homes and Mattamy Homes attended the City Council work session.
The developers provided insight into housing products desired by the market, housing
characteristics including size and setbacks, and features and locations of parks and amenities.
Developers advised the Council on how to have good transitions between residential and other
uses and how to avoid monotony in residential development. Additional work sessions with
residential and retail developers are being scheduled. Developer comments are being compiled
and will be reviewed by the City Council at upcoming meetings.
Community Development Director Hutmacher reported that staff and consultants are
scheduling work for the regulations and policies component of the master planning process. She
noted that a special work session has tentatively been scheduled for December 1, 2014. The
meeting will take place at approximately 6:30 pm after the regular JDA meeting. The current
schedule for TCAAP meetings is as follows:
September 29, 2014, Special Work Session at 5:30 pm, Community Room
• County Road I and Thumb Road Design Review(Infrastructure)
• Zoning Definitions (Chapter 4)
• Discuss Chapters 6-7 (Building and Site Development Standards, Building Design
Standards)
ARDEN HILLS CITY COUNCIL—SEPTEMBER 29, 2014 3
October 13, 2014, Special Work Session at 5:30 pm, Community Room
• JDA Governance and Approval Process
• Park Dedication Ordinance Discussion
• Discuss Chapters 1-5
October 20, 2014, Regular Work Session at 5:00 pm, Council Chambers
• Discuss Chapter 11 (Sign Standards)
October 27, 2014, Special Work Session at 5:30 pm, Community Room (Note: EDA meeting at
6:00 pm—work session may be continued after regular meeting)
• Water and Sewer System Update (Infrastructure)
• Discuss Chapters 9-10 (Open Space Standards, Streetscape and Landscape Standards)
November 3, 2014, Special Work Session at 6:00 pm, Council Chambers
• Workshop with Gateway Planning
o Discuss Chapter 8 (Street Design Standards) and Attachments
o Discuss Cumulative Comments on TCAAP Zoning
o Discuss Revised Master Land Use Plan Map
November 10, 2014, Special Work Session at 5:30 pm, Community Room
• Stormwater System Update (Infrastructure Team)
November 17, 2014, Regular Work Session at 5:00 pm, Council Chambers
• Final Workshop with Gateway Planning
o Review entire document
o Provide direction on remaining comments
o Review complete Master Plan
November 24, 2014, Special Work Session at 5:30 pm, Community Room
• Final review of draft zoning document, future land use map, and Comprehensive Plan
amendment in preparation for public hearings at December 3, 2014 Planning Commission
Meeting
December 1, 2014, Tentative (depending on City Council availability) Special Work Session at
6:30 pm, Community Room
• Spine Road/County Road I/Thumb Road Update (Infrastructure)
December 8, 2014, Special Work Session at 5:30 pm, Community Room
• December Open House Meeting Preview(Infrastructure)
December 15, 2014, Special Regular Meeting at 7:00 pm, Council Chambers
• Approve Final Master Plan
• Approve TCAAP Zoning
• Approve Future Land Use Map
• Approve Comprehensive Plan Amendment
ARDEN HILLS CITY COUNCIL— SEPTEMBER 29, 2014 4
December 22, 2014, Special Work Session at 5:30 pm, Council Chambers
• If necessary to review TCAAP zoning
December 29, 2014, Regular Meeting at 7:00 pm, Council Chambers
• If necessary to approve TCAAP zoning
January 11, 2015, Special Work Session at 5:30 pm, Community Room
• Preliminary Plat Review(Infrastructure Team)
January 25, 2015, Regular Meeting at 7:00 pm, Council Chambers
• Receive Infrastructure Feasibility Report (Infrastructure Team)
Staff anticipated that additional regular and special work sessions will be scheduled to discuss
regulations and policies, the infrastructure study, and other TCAAP issues. Future meeting topics
will be defined as those dates draw nearer.
B. Fall 2014 Community Cleanup Day Update
City Planner Streff reported that the Fall Cleanup Day event is scheduled for Saturday, October
4, from 7 am to 1 pm. It will be held at the Ramsey County Public Works Facility at 1425 Paul
Kirkwold Drive. The event is co-sponsored by the Cities of Arden Hills and Shoreview and open
to residents of both cities.
City Planner Streff explained that a simplified fee-based system similar to previous years will be
reestablished for the Fall Cleanup Day. Residents that participate in the event will pay a nominal
fee based on the vehicle type and load they bring to the event. Car loads will be charged $10,
trucks, sport utility vehicles and vans will be charged $25 and trailers 8'x10' or smaller will be
charged $35. Oversized loads and trailers over 8'x10' will be subject to an additional charge.
City Planner Streff stated that residents must remember to bring their ID and payment in the
form of cash or check only. No credit cards will be accepted during this Cleanup Day. Notice of
the Fall Cleanup Day was included in an article in the August/September issue of the Arden Hills
Notes, advertised on the City's website, placed on the TV Bulletin Board and a flier was mailed to
every resident in the City.
4. APPROVAL OF MINUTES
A. August 11, 2014, Special City Council Work Session
B. August 11, 2014, Regular City Council
C. August 18, 2014, City Council Work Session
MOTION: Councilmember Holden moved and Councilmember Werner seconded a
motion to approve the August 11, 2014, special City Council work session
minutes, the August 11, 2014, regular City Council meeting minutes; and the
August 18, 2014, City Council work session minutes as presented. The motion
carried unanimously (5-0).
ARDEN HILLS CITY COUNCIL— SEPTEMBER 29, 2014 5
5. CONSENT CALENDAR
A. Motion to Approve Consent Agenda Item- Claims and Payroll
B. Accept Resignation of Planning Commissioner Samuel Scott
C. Approve Resolution 2014-047 Appointing Steven Jones to Planning Commission
D. Temporary Permit to Construct For Work at the NE Corner of Connelly
Avenue/County Road E
E. Joint Powers Agreement Between the City of Arden Hills and Ramsey County GIS
Users Group
F. 1777 Gateway Boulevard— Stipulation of Settlement
G. 1787 Gateway Boulevard— Stipulation of Settlement
MOTION: Councilmember Holmes moved and Councilmember Holden seconded a
motion to approve the Consent Calendar as presented and to authorize
execution of all necessary documents contained therein. The motion carried
unanimously (5-0).
6. PULLED CONSENT ITEMS
None.
7. PUBLIC HEARINGS
None.
8. NEW BUSINESS
A. 2015 Proposed Preliminary Budget and Tax Levy
Director of Finance and Administrative Services Iverson stated that the City Council had a
2015 budget and tax levy discussion during the September 22, 2014, work session. At this work
session, staff was directed to prepare a preliminary levy resolution that called for a 5% increase.
Director of Finance and Administrative Services Iverson explained that the preliminary tax
levy amount certified in September can be decreased but not increased when the final tax levy
amount is approved in December. She noted that the budget message in the 2015 Budget that was
distributed on September 15th contemplates a 4.5% tax levy increase; therefore, the Council
should refer to the updated budget message that is in the agenda packet. She reviewed the
proposed budget and tax levy at the 5% level. The extra '/z% tax levy increase generates an
additional $16,450 in revenue. Staff reviewed the budget and tax levy in further detail with the
Council and recommended that the Council set the preliminary levy for taxes payable in 2015.
Councilmember Holden supported a 5% increase in the tax levy. She then discussed the
proposed increases that were required for public safety. She explained that fiscal disparities
would be decreasing. She stated that taxpayers recently voiced concern with a proposed franchise
fee and for this reason, she recommended a 5% tax levy increase and that 2% of this be set aside
ARDEN HILLS CITY COUNCIL— SEPTEMBER 29, 2014 6
for repairs to Snelling Avenue. She supported giving staff a raise in 2015 as she wanted to keep
current personnel.
Councilmember McClung explained that he could support a 2% tax levy increase and nothing
more.
Mayor Grant stated that the Council did not have to make any cuts to the budget this evening,
but that they did need to come to an agreement on a levy amount to certify.
Councilmember Werner supported a 5% levy increase. He was pleased that home values in
Arden Hills were on the rise.
Mayor Grant commented that public safety costs were expected to increase by $86,118 in 2015,
which makes up 2.6% of the 5% levy increase.
Councilmember Holmes recommended that the tax levy be set at 5%this evening. She indicated
that this amount could always be decreased between now and December. She supported the
Council setting aside funds for roadway improvements based on the comments received from the
public.
Councilmember McClung reported that the current budget did not have any funds designated for
roads or trails.
Mayor Grant understood that the City needed to be mindful of its roadways, however, he did not
hear comments from the residents requesting taxes be increased to improve the streets. He stated
that he would be more comfortable with a 4.5% levy increase.
Councilmember Holden looked forward to hearing from the public at the upcoming Truth-In-
Taxation hearing as this would provide more clear input on how the citizens wanted the Council
to proceed with the budget.
MOTION: Councilmember Holmes moved and Councilmember Holden seconded a
motion to adopt Resolution #2014-045 — setting the preliminary levy for taxes
payable in 2015 with a 5% tax levy increase. The motion carried 3-2 (Grant
and McClung opposed).
B. Establish a Truth-In-Taxation Public Hearing Date for Proposed Taxes
Payable in 2015
Director of Finance and Administrative Services Iverson stated that cities are required to
announce and schedule one regular meeting at which the Council discusses the budget and levy
and takes comments from the public. Cities are no longer required to publish notices in the paper,
and cities may adopt the budget and final levy after the public hearing during the same meeting.
The Truth-In-Taxation hearing must be held after November 25 but no later than December 26
and must occur at or after 6 p.m.
ARDEN HILLS CITY COUNCIL—SEPTEMBER 29, 2014 7
Director of Finance and Administrative Services Iverson reported that the Council may choose
to have a separate meeting or may choose to hold this public hearing at a regular meeting. It is
suggested that the City Council hold the Truth-In-Taxation hearing during the December 8th
regular meeting. Staff anticipated that the Council will adopt both the final 2014 levy payable in
2015 and the 2015 budget on December 8, 2014.
MOTION: Mayor Grant moved and Councilmember McClung seconded a motion to
adopt Resolution #2014-046, adopting Truth-in-Taxation public hearing date
for proposed taxes payable in 2015. The motion carried (5-0).
C. Planning Case 14-025 Site Plan Review for 3657 Snelling Avenue
City Planner Streff stated that the applicants own the property located at 3657 Snelling Avenue.
The property is zoned R-1 Single Family Residential and is generally positioned north of Lake
Johanna Boulevard, south of the Minneapolis & St. Paul Railroad, east of Oak Avenue and west
of Snelling Avenue North.
City Planner Streff indicated that the applicants are proposing to construct a twenty-four (24)
foot by thirty(30) foot detached accessory structure on the property. The proposed structure would
be constructed in front of the single family dwelling between the home and Snelling Avenue
North. As proposed, the structure would be located fifty-eight (58) feet from the front property
line and twenty-eight (28) feet from the southern side yard property line.
City Planner Streff explained that the applicants have attempted to design a plan that fits within
the Zoning Code by moving the accessory structure adjacent to the home; however, this plan
requires significant tree removal and grading for the proposed construction. Taking into
consideration the current configuration of the existing principal structure and its location
approximately two-hundred (200) feet from the front property line, it leaves limited options for
the construction of an accessory structure that meets all of the zoning regulations and minimizes
tree loss and final grading on the property.
City Planner Streff reported that the applicants have indicated that the proposed accessory
structure would be constructed with fagade materials (i.e. siding, shingles and trim) to match the
existing single family dwelling. The roof pitch would also be designed to match the principal
structure on the property.
City Planner Streff reviewed the plan evaluation with the Council and offered the following
findings of fact:
General Findings
1. The property is in the R-1 Single Family Residential Zoning District.
2. The lot is 96,581 square feet in size with approximate dimensions of 540 feet in width, and
230 feet in depth.
3. The property currently consists of a single family dwelling with an attached single stall
garage. No accessory structures exist on the property at this time.
4. The proposed accessory structure is 720 square feet in size or twenty-four (24) feet by
thirty(30) feet.
ARDEN HILLS CITY COUNCIL— SEPTEMBER 29, 2014 8
5. The proposed accessory structure is setback fifty-eight (58) feet from the front property
line and twenty-eight(28) feet from the southern side yard.
6. The structure does not encroach into a front, side or rear yard setback.
7. The proposed structure and landscaping coverages are within the zoning district
requirements. The new structure will increase the lot coverage from 5.36% to 6.62% and
decreases the landscaping coverage from 94.64%to 93.38%.
8. The proposed accessory structure would not exceed fifteen(15) feet in height.
9. Detached accessory structures up to seven hundred and twenty-eight (728) square feet are
permitted structures within the R-1 Zoning District.
10. All structures on the lot are outside of the 100-year flood plain, wetlands, and easements.
11. The proposal is in harmony with the purpose and intent of the Zoning Ordinance as the
Ordinance generally allows flexibility for unique parcels and situations when impacts to
surrounding properties are minimized.
12. The proposal is consistent with the Arden Hills Comprehensive Plan as it allows the
reasonable use of residential property.
13. Detached accessory structures are permitted and a reasonable use within the R-1 Single
Family Residential Zoning District.
14. The property is rather unique due to the placement of the existing single family dwelling in
the rear of the lot approximately two-hundred(200) feet from the front property line.
15. The current placement of the single family dwelling leaves limited options for the
construction of an accessory structure that meets all setback regulations and minimizes
tree loss and final grading.
16. The proposed accessory structure would be visible from neighboring properties; however,
the proposed location, design and the use of quality materials for the detached structure
that are compatible in appearance to the single family dwelling should minimize the
impacts on surrounding property owners.
17. The proposed accessory structure is unlikely to have negative impacts to the property or to
the neighborhood as a whole.
City Planner Streff stated that the property is fairly unique when compared to other properties in
Arden Hills. Because of the lot's topography, natural drainage pattern, significant trees, and the
configuration of the principal structure at the rear of the lot, options for the movement of the
accessory structure to an area that meets all zoning regulations are very limited. Due to the scope
of the project and the proposed addition of an accessory structure, the character of the
neighborhood or the City is not expected to be negatively affected.
City Planner Streff explained that the property owner is proposing to construct the new driveway
and parking area in front of the garage with a gravel or rock material. Knowing that the majority
of driveway and parking areas on the lot are not currently improved with a hard surface, it was
determined that any new areas should be improved with a hard surface as indicated in condition
number 5. The Code states in Section 1325.06 that off-street parking areas and drives shall be
improved with a hard surface and prohibits parking of vehicles on any area of the property except
on a designed driveway or parking area.
City Planner Streff reported the findings of fact for the site plan review support a
recommendation for approval. However, if the City Council chooses to make a recommendation
for denial, the findings of fact would need to be amended to reflect the reasons for the denial.
ARDEN HILLS CITY COUNCIL—SEPTEMBER 29, 2014 9
Staff reported that the Planning Commission reviewed Planning Case 14-025 and unanimously
recommends approval (6-0) of the site plan review for the property located at 3657 Snelling
Avenue North, based on the findings of fact and the submitted plans as presented in the
September 29, 2014, Report to the City Council, as amended by the following eight (8)
conditions:
1. That the project shall be completed in accordance with the plans submitted as amended by
the conditions of approval. Any significant changes to these plans, as determined by the
City Planner, shall require review and approval by the Planning Commission and City
Council.
2. That the proposed accessory structure shall be permitted to be located in the front yard
(between the dwelling and the street) at a distance of fifty-eight (58) feet from the front
property line.
3. That the proposed accessory structure shall not exceed a footprint of 720 square feet.
4. That the exterior fagade and roofing materials of the proposed detached accessory garage
shall match or be compatible in appearance and material used with the principal structure.
5. That the proposed driveway/parking area shall be improved with a hard surface. No
additional driveway/parking areas shall be constructed with gravel, "class 5" or other
similar materials.
6. That no living quarters shall be constructed within the proposed accessory structure.
7. That the structure shall conform to all other regulations in the City Code. That a building
permit for the construction of the new accessory structure and a zoning permit for the
construction of the driveway shall be required.
8. That the applicant shall obtain a Grading and Erosion Control Permit from the City before
the building permit is issued.
Councilmember McClung requested further information on the caliper inches of trees that would
be lost if the accessory structure were built at the proposed location.
City Planner Streff commented that the proposed location would require three trees to be
removed which total 26.7 caliper inches of trees. He stated that the previously proposed location
would require 113 caliper inches of trees to be removed.
Councilmember Holden questioned how far the garage would be from the home at the proposed
location.
City Planner Streff deferred this question to the applicant.
Eric Hanson, 3657 Snelling Avenue, estimated that the garage would be 120 feet or 40 yards
from the home.
Councilmember Holmes asked what concerns the applicant had with condition #5 as
recommended by staff.
Mr. Hanson believed that the driveway would be more harmonious if the hard surface materials
were integrated, rather than three different types of materials. He proposed completing the entire
driveway surface with dark gray trap rock stone.
ARDEN HILLS CITY COUNCIL— SEPTEMBER 29, 2014 10
Councilmember Holmes inquired what part of the driveway staff was recommending to be
completed with a hard surface.
City Planner Streff reported that the hard surface proposed was for the new portion of driveway
being constructed outside of the accessory structure.
Mayor Grant requested further information from staff on how the City defines hard surface with
respect to accessory structures.
City Planner Streff reviewed the City Code and noted that construction standards for all off-
street parking and drives were required to be improved with a hard surface.
Councilmember Holden suggested that the apron be 10 feet and not 2 feet. She was in favor of
adding another condition for approval which would require the applicant to surface the driveway
in the next five years.
Community Development Director Hutmacher stated her concern that it would be difficult for
staff to enforce this recommendation without an escrow as leverage.
Mayor Grant discussed the length of the applicant's driveway.
Councilmember McClung was willing to allow some flexibility with the driveway, so long as
the City ensured that the driveway was paved at some point. He supported allowing the applicant
up to five years to complete the resurfacing.
Community Development Director Hutmacher suggested that this issue be addressed by the
City Attorney. She further discussed how escrows are used for larger construction projects.
Councilmember McClung asked when the applicant wanted to begin construction of the
accessory structure.
Mr. Hanson reported that he would like to begin construction yet this fall.
Councilmember Holden suggested that condition #5 be amended to state that City staff shall
speak with the City Attorney to seek an enforceable alternative to the driveway situation, and if no
solution could be found that the requirement remain `as is'.
Community Development Director Hutmacher suggested that the language indicate that a
security arrangement be reached between the City and the applicant that is satisfactory to the City
Attorney, and requires that this improvement be made in five years' time.
Councilmember McClung supported the language recommended by staff.
Community Development Director Hutmacher explained that this language would have to be
reviewed by the City Attorney.
Mr. Hanson stated that he would be willing to place a 10-foot apron in front of the garage.
ARDEN HILLS CITY COUNCIL— SEPTEMBER 29, 2014 11
Councilmember Holmes suggested language be added to condition#5, stating that this provision
may be delayed by five years if the City Attorney, City staff, and the applicant agree to the
condition of the delay.
Mayor Grant and Councilmember Holden supported this language.
MOTION: Councilmember Holmes moved and Councilmember Holden seconded a
motion to approve Planning Case #14-025 for a site plan review in order to
construct a twenty-four (24) foot by thirty (30) foot detached accessory
structure in front of the single family dwelling at 3657 Snelling Avenue North,
based on the findings of fact and the submitted plans, and amended by the
eight (8) conditions in the September 29, 2014, report to the City Council,with
the provision as stated above. The motion carried (5-0).
D. Planning Case 14-026 Variance— 1830 Noble Road
Associate Planner Bachler stated that the applicant in this case is Lee Homes, a custom builder
contracted by the property owners to design and construct a new single-family dwelling at 1830
Noble Road. This project would include the demolition of the existing structures on the property
and the grading of the site. The applicant has indicated that the existing structures are in poor and
dilapidated condition.
Associate Planner Bachler explained that the subject property is considered to be a corner lot
because it is situated at the intersection of Noble Road on the north and a limited-access alley off
of Lake Johanna Boulevard on the east. A corner lot is defined in the Zoning Code as, "a lot
situated at and abutting on the intersection of two (2) or more streets having an angle of
intersection of not more than one hundred thirty-five (135) degrees." Corner lots are required to
maintain front yard setback requirements for each street frontage.
Associate Planner Bachler reported that the property is unique because the property boundary
lines extend into the abutting street and alley: the north property line extends approximately 16
feet into Noble Road and the east property line extends approximately 9 feet into the abutting
alley. In cases where any portion of the lot extends into an abutting roadway, the Zoning Code
defines the lot line as the street or alley line. However, this property is also subject to a public use
easement granted to the City in 1955 when the neighborhood was platted in the Elms Addition.
The properties at 1830, 1832, 1834, and 1848 Noble Road were not platted as part of this
subdivision, but public use easements across these properties were secured and are shown on the
plat. Staff has reviewed this information with the City Attorney and has been advised that all
required setbacks at 1830 Noble Road need to be taken from the public easement line and not the
street or alley line.
Associate Planner Bachler indicated that the existing dwelling on the property is non-
conforming as it encroaches on the front yard setback along Noble Road and the secondary front
yard setback along the alley. The existing home is situated approximately 32.7 feet from the
easement line on the north side of the property and 19.9 feet from the easement line on the east
side of the property. The required setback for the principal and secondary front yard is 40 feet.
ARDEN HILLS CITY COUNCIL— SEPTEMBER 29, 2014 12
Associate Planner Bachler provided an overview of the request, the plan review and the variance
evaluation criteria.
Associate Planner Bachler offered the following findings of fact:
General Findings
1. The property at 1830 Noble Road is in the R-2 Single & Two Family Residential Zoning
District.
2. The property is a corner lot because it is situated at and abutting on the intersection of two
streets, Noble Road and a limited-access alley. A corner lot shall maintain front yard
requirements for each street frontage.
3. The lot measures 91.5 feet in width by 188.04 feet in depth and has a total lot area of
17,207 square feet.
4. The northern property boundary line extends approximately sixteen feet into Noble Road
and on the eastern property boundary line extends approximately nine feet into the
abutting alley.
5. The Arden Hills Zoning Code defines the "lot line" as a property boundary line of any lot
held in single or separate ownership or separately described; except that where any portion
of the lot extends into the abutting street or alley, the lot line shall be deemed to be the
street or alley line.
6. The northern lot line of the property is the street line of Noble Road and the eastern lot line
is the alley line of the limited-access alley that abuts the property.
7. In this case, all required structure setbacks for the R-2 Zoning District shall be measured
from the public use easement line per the direction provided by the City Attorney.
8. An easement runs along the northern 33 feet and the eastern 16.5 feet of the property.
These easement areas were dedicated to the public use forever on the Elms Addition Plat.
9. The Elms Addition Plat was recorded in the Ramsey County Office of the Register of
Deeds on June 22, 1955.
10. The easement area on the property measures 5,577 square feet. The net lot area subtracting
the easement area is 11,630 square feet.
11. The proposed structure would encroach 16.5 feet into the required 40 foot secondary front
yard setback as measured from the public use easement line along the alley, leaving a 23.5
foot setback from the easement line.
12. The proposed structure conforms to all other setback requirements for the R-2 District.
13. The proposed structure and landscaping coverages are within the zoning district
requirements.
14. The proposed dwelling would not exceed 35 feet in height.
15. Detached single-family dwellings are permitted structures within the R-2 Zoning District.
16. All structures on the lot are outside of the 100-year flood plain, wetlands, and easements.
Variance Findings:
17. Detached single-family dwellings are permitted and a reasonable use within the R-2 Single
& Two Family Residential Zoning District.
18. The purpose of the R-2 District is to among other things reserve development areas for
single-family homes and to take advantage of municipal utilities.
19. The property is unique in that the secondary street frontage along the eastern property line
is on a narrow one-way alley that principally provides rear yard access to properties that
ARDEN HILLS CITY COUNCIL—SEPTEMBER 29, 2014 13
also have frontage on Lake Johanna Boulevard. This is the only alley of this type currently
in the City of Arden Hills.
20. The proposed building plans for the single-family dwelling would result in a structure that
is consistent and compatible with other construction in the area and would not alter the
essential character of the neighborhood.
21. The requested variance for the single-family dwelling does not appear to be based on
economic considerations alone.
Associate Planner Bachler explained that the Planning Commission reviewed this request and
unanimously recommends approval (6-0) of Planning Case 14-026 for a variance at 1830 Noble
Road to encroach 16.5 feet into the secondary front yard setback, based on the findings of fact and
the submitted plans in the September 29, 2014, Report to the City Council, as amended by the
following four conditions:
1. The project shall be completed in accordance with the plans submitted as amended by the
conditions of approval. Any significant changes to these plans, as determined by the City
Planner, shall require review and approval by the Planning Commission and City Council.
2. The property owner shall obtain a Grading and Erosion Control Permit from the City
before the building permit is issued.
3. A building permit and a demolition permit for the construction of the new dwelling and a
zoning permit for the construction of the driveway shall be required.
4. The structure shall conform to all other regulations in the City Code.
Mayor Grant supported the proposed variance noting that the lot was very unique.
MOTION: Mayor Grant moved and Councilmember Werner seconded a motion to
approve Planning Case #14-026 for a variance at 1830 Noble Road to
encroach 16.5 feet into the secondary front yard setback, based on the
findings of fact and the submitted plans, as amended by the four (4)
conditions in the September 29, 2014, report to the City Council. The motion
carried (5-0).
9. UNFINISHED BUSINESS
A. Consider Assessment Agreements for Round Lake Road Improvement Project
City Administrator Klaers stated that as provided by state statutes, the City Council met in a
closed session prior to the September 29, 2014, regular City Council meeting to discuss litigation
regarding the Round Lake Round public improvement assessment appeals. Based on the results
of this closed meeting, the general consensus of the Council was to consider taking action on the
assessment agreement.
MOTION: Councilmember Holden moved and Councilmember Werner seconded a
motion to approve the assessment agreement with CMKR& Holdings.
Councilmember McClung understood the positives to the proposed agreement, however, he
stated that he would not be supporting the motion given that the value of this property would be
ARDEN HILLS CITY COUNCIL—SEPTEMBER 29, 2014 14
increasing as TCAAP developed and he would like the City to recoup more than what was being
proposed.
Councilmember Holden supported the proposed agreement as recommended by the City
Attorney.
The motion carried 4-1 (McClung opposed).
10. COUNCIL COMMENTS
Councilmember McClung explained that the Ramsey County League of Local Government met
last week and received a presentation on the state of water in Ramsey County. He encouraged the
Council to attend the Ramsey County League of Local Government's Annual Meeting on
November 20th.
Councilmember Werner was pleased with the attendance at the State of the City events. He
commented that the EDC would be meeting on Wednesday, October 1 st at City Hall at 8:00 a.m.
Councilmember Holden invited the community to participate in Northwest Youth and Family
Services' Taste of Northwest.
Councilmember Holmes reviewed an email that she received regarding the delivery issues
experienced with the City's newsletter. She was pleased that Steven Jones was appointed to the
Planning Commission. She explained that the Planning Commission now had two openings for
alternates and encouraged those interested in serving on the Planning Commission to contact City
Hall.
Mayor Grant commented that Northwest Youth and Family Services was accepting donations at
this time and would receive a matching grant, dollar for dollar, for all amounts received through
September 30tH
Mayor Grant discussed the recent State of the City events. He was pleased with the attendance
at both events. He noted that the Communications Committee would be discussing the newsletter
distribution in further detail at an upcoming meeting.
ADJOURN
MOTION: Mayor Grant moved and Councilmember Holmes seconded a motion to
adiourn. The motion carried unanimously (5-0).
Mayor Grant adjourned the regular City Council meeting at 8:50 p.m. to reconvene the special
City Council work session for the TCAAP zoning code discussion.
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Amy Dietl 0 David Grant
City Clerk Mayor