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HomeMy WebLinkAbout02-08-12 PC Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, FEBRUARY 8, 2012 6:30 P.M. - ARDEN HILLS CITY HALL OATH OF OFFICE Councilmember Holmes performed the Oath of Office for Clayton Larson and Janet Stodola, each stated the following: I, do solemnly swear that I will support the Constitution of the United States, of the State of Minnesota, and faithfully discharge the duties of the Planning Commission of the City of Arden Hills in the County of Ramsey and State of Minnesota, to the best of my judgment and ability, so help me, God. CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Clayton Larson called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Chair Clayton Larson, Commissioners Angela Hames, Andrew Holewa, Roberta Thompson, and Janet Stodola (Alternate). Absent: Commissioners Samuel Scott and Clayton Zimmerman Also present were: City Planner Meagan Beekman; Councilmember Fran Holmes; Community Development Intern Mei-Ling Anderson; and Recording Secretary Debbie Wolfe. APPROVAL OF AGENDA – FEBRUARY 8, 2012 The Agenda was approved as presented. APPROVAL OF MINUTES A. September 7, 2011 - Planning Commission Regular Meeting Commissioner Thompson moved, seconded by Commissioner Stodola, to approve the September 7, 2011, Planning Commission Regular Meeting as presented. The motion carried unanimously (5-0). B. November 9, 2011, Planning Commission Work Session ARDEN HILLS PLANNING COMMISSION – February 8, 2012 2 Commissioner Thompson moved, seconded by Commissioner Stodola, to approve the November 9, 2011, Planning Commission Work Session as presented. The motion carried unanimously (5-0). PLANNING CASES A. Planning Case 12-001 – Zoning Code Amendment; City of Arden Hills; Expansion of Nonconforming Single-family Properties – Public Hearing City Planner Meagan Beekman reviewed that at the February 22, 2011, joint work session with the City Council and the Planning Commission, a discussion was held regarding 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. She provided an aerial view of a typical property as an example. She demonstrated where additions could be made to the two sample properties. City Planner Meagan Beekman showed an example where a house encroached on all setbacks. Chair Larson asked if whether that house wasn’t too close to the lake and questioned if the DNR would need to approve. Ms. Beekman stated the DNR code does not supersede the Cities. City Planner Meagan Beekman continued at the same 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 Planner Meagan Beekman stated 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. City Planner Meagan Beekman reviewed the discussion stating 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. ARDEN HILLS PLANNING COMMISSION – February 8, 2012 3 City Planner Meagan Beekman noted 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. City Planner Meagan Beekman summarized 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 homes 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. Chair Larson opened the floor to Commissioner comments. Commissioner Stodola asked if item 4 would allow for a second story. City Planner Beekman stated it would have to match the current house. Any addition would need to be in the same style of the house. Commissioner Stodola stated one of the concerns she has is that a small home would be replaced with a multi-story house. City Planner Beekman stated they could construct upward as long as it followed the Code and square footage of home based on lot size. Commissioner Stodola stated she is in favor of the revisions to the Code. Chair Larson asked how much of the original structure would need to remain when making an addition. He asked if it could be town down to the foundation and then rebuilt upward. City Planner Beekman stated that could happen. She noted this could be currently done under the Code. City Planner Beekman reviewed an example from the past where a house destroyed by fire was being replaced and turned out to be very complicated. City Planner Meagan Beekman stated Staff is proposing an amendment to Section 1325.03 of the Zoning Code. The amendment adds Subd 2.D, which addresses the circumstances under which a single or two-family nonconforming dwelling could expand without the need for a variance (Attachment A). City Planner Meagan Beekman stated 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 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 les daunting. Chair Larson opened the public hearing at 6:47 p.m. No one appeared to address the Commission. Chair Larson closed the public hearing at 6:48 p.m. ARDEN HILLS PLANNING COMMISSION – February 8, 2012 4 Commissioner Thompson asked if there would be any concerns with neighbors encroaching in the setbacks and asked how that would be managed. City Planner Meagan Beekman stated she has not received any resident comments about this revision. She noted the Building Code does contain wording about distance between buildings and drainage easements. City Planner Meagan Beekman stated Staff recommends approval of Planning Case 12- 001 to Amend Section 1325.03 Subd. 2D 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. Commissioner Holewa moved and Commissioner Hames seconded a motion to recommend approval of Planning Case 12-001 to Amend Section 1325.03 Subd 2.D 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. The motion carried unanimously (5-0). UNFINISHED AND NEW BUSINESS None. REPORTS A. Report from the City Council City Planner Meagan Beekman announced there will be a March 19, 6:30pm Joint Meeting with the City Council. She asked the Commissioners for input on agenda items. There will be a Commission Meeting on March 7, 2012. Commissioner Hames complimented City Planner Meagan Beekman on her work on this amendment. Councilmember Holmes updated the Planning Commission on City Council activities. She welcomed Commissioner Stodola to the Commission. She stated the Arden Hills Employee of the Year was Meagan Beekman. Councilmember Holmes reviewed the B2 Implementation Plan Update and provided an update on Arden Plaza – Walgreen’s Update. She stated the Council was very pleased with the plan that Walgreen’s created. Construction should begin in the spring. Councilmember Holmes provided an update on the Stadium project. Governor Dayton is interested in cleaning up that area whether or not the Stadium is constructed. Councilmember Holmes stated the Arden Hills Library has closed. Bethel University has purchased the property and may be looking for rezoning of that R1 property. The City is implementing a new website. Councilmember Holmes stated they are looking for resident volunteers for a Beyond the Yellow Ribbon Committee. They are also looking for a Board Member for Youth and Family Services. ARDEN HILLS PLANNING COMMISSION – February 8, 2012 5 B. Planning Commission Comments and Requests Chair Larson congratulated City Planner Meagan Beekman on the Employee of the Year Award. Commissioner Holewa suggested the McDonald’s bike rack be discussed at an upcoming meeting. ADJOURN Commissioner Holewa moved, seconded by Commissioner Thompson, to adjourn the February 8, 2012, Planning Commission Meeting at 7:10 p.m. The motion carried unanimously (5-0).