HomeMy WebLinkAbout02-05-20 PC
Approved: April 15, 2020
CITY OF ARDEN HILLS, MINNESOTA
PLANNING COMMISSION
WEDNESDAY, FEBRUARY 5, 2020
6:30 P.M. - ARDEN HILLS CITY HALL
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Chair Nick Gehrig called to order the regular Planning
Commission meeting at 6:30 p.m.
ROLL CALL
Present were: Chair Nick Gehrig, Commissioners James Lambeth, Subbaya Subramanian, Paul
Vijums, and Jonathan Wicklund.
Absent: Commissioner Steven Jones and Clayton Zimmerman.
Also present were: Community Development Manager/City Planner Mike Mrosla, Associate
Planner Joe Hartmann, and Councilmember Steve Scott.
APPROVAL OF AGENDA – FEBRUARY 5, 2020
Chair Gehrig stated the agenda will stand as published.
APPROVAL OF MINUTES
January 8, 2020 – Planning Commission Regular Meeting
Commissioner Vijums moved, seconded by Commissioner Wicklund, to approve the
January 8, 2020, Planning Commission Regular Meeting as presented. The motion carried
unanimously (5-0).
PLANNING CASES
A. Planning Case 19-018; Boston Scientific PUD Amendment and Site Plan Review –
No Public Hearing Required
Associate Planner Hartmann stated Lorne Rothbauer of Boston Scientific (“The Applicant”) is
requesting Amended Planned Unit Development and Site Plan Review for a proposed project on
4100 Hamline Avenue N (“Subject Property”) to renovate a 700 square foot addition to the south
ARDEN HILLS PLANNING COMMISSION – February 5, 2020 2
side of Building 10 near Innovation Way for the delivery of research resources to the Research
Therapies Center (“RTC”) facility.
Associate Planner Hartmann explained the Boston Scientific campus at 4100 Hamline Avenue
North operates under a Planned Unit Development (PUD) that was originally approved in 2002
for the Guidant Corporation. The last update to the PUD and Campus Master Plan took place in
2017 when the City approved a 5,330 square foot building addition on the northeast corner of
Building 9 (Planning Case 17-013). New building construction or site modification identified on
the approved Campus Master Plan requires the submittal of a Site Plan Review application prior
to construction. For building construction or site modifications not included on the Master Plan,
a PUD Amendment is required. The proposed addition to Building 10 is not shown on the current
Master Plan and a PUD Amendment is therefore being requested.
Associate Planner Hartmann reviewed the surrounding area, the Plan Evaluation and provided
the Findings of Fact for review:
1. The Boston Scientific campus at 4100 Hamline Avenue North operates under a Planned
Unit Development (PUD) that was originally approved in 2002 for the Guidant
Corporation.
2. The last update to the PUD and Campus Master Plan took place in 2017 when the City
approved a 5,330 square foot building addition on the northeast corner of Building 9
(Planning Case 17-013).
3. New building construction or site modification identified on the approved Campus
Master Plan requires the submittal of a Site Plan Review application prior to construction.
4. For building construction or site modifications not included on the Master Plan, a PUD
Amendment is required.
5. The proposed addition to Building 10 is not shown on the current Master Plan.
6. A public hearing for a PUD Amendment request is required before the request can be
brought before the City Council; provided, however, that when such changes are deemed
insignificant by the Zoning Administrator, the requirements of a hearing may be waived.
7. The changes to the site that the Applicants propose would impact less than 1% of the total
area within the PUD, and given these circumstances, staff waived the requirements of a
public hearing in this case.
Associate Planner Hartmann recommended the Commission approve a Site Plan Review of
4100 Hamline Avenue, based on the findings of fact and the submitted plans, as amended by the
conditions in the February 5, 2020 Report to the Planning Commission:
1. All conditions of the original Planned Unit Development shall remain in full force and
effect.
2. Prior to the issuance of a grading permit, all items identified in the January 24th, 2020
Engineering Division memo shall be addressed. All comments shall be adopted herein by
reference.
3. 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.
4. The proposed structures shall conform to all other regulations in the City Code.
ARDEN HILLS PLANNING COMMISSION – February 5, 2020 3
5. A Grading and Erosion permit shall be obtained from the city’s Engineering Division
prior to commencing any grading, land disturbance or utility activities. The Applicant
shall be responsible for obtaining any permits necessary from other agencies, including
but not limited to, MPCA, Rice Creek Watershed District, and Ramsey County prior to
the start of any site activities.
6. Heavy duty silt fence and adequate erosion control around the entire construction site
shall be required and maintained by the Developer during construction to ensure that
sediment and storm water does not leave the project site.
7. The Applicant shall be responsible for protecting the proposed on-site storm sewer
infrastructure and components and any existing storm sewer from exposure to any and all
stormwater runoff, sediments and debris during all construction activities.
8. Prior to the issuance of a building permit, a landscape financial security of $2,500 shall be
submitted. Landscape financial security shall be held for two full growing seasons.
9. Prior to the issuance of a building permit, the Applicant shall submit a materials board to
be approved in writing by staff.
10. All light poles, including base, shall be a maximum of 25 feet in height and shall be
shoebox style, downward directed, with high-pressure sodium lamps or LED and flush
lenses. Other than wash or architectural lighting, attached security lighting shall be
shoebox style, downward directed with flush lenses. In addition, any lighting under
canopies (building entries) shall be recessed and use a flush lens.
Associate Planner Hartmann reviewed the options available to the Planning Commission on
this matter:
1. Recommend Approval with Conditions
2. Recommend Approval as Submitted
3. Recommend Denial
4. Table
Chair Gehrig opened the floor to Commissioner comments.
Commissioner Lambeth asked if the applicant had provided staff with information regarding
the proposed truck movements and number of trucks that would be moving through the site. He
believed that the site was a little tight for the proposed truck movements.
Matt Ritton, Boston Scientific, explained the volume of trucks per day would be between zero
and five or six. He indicated this would be a very low volume dock compared to the other docks
at Boston Scientific. He noted this building expansion would have two bays for truck deliveries.
He stated he understood the turning radius was tight, but because the volume of trucks would be
quite low, he did not anticipate this would be a problem.
Commissioner Subramanian questioned why the applicant was proposing two more dock bays
if the truck volume would be low.
Mr. Ritton reported this dock was on the research facility and would be used for receiving. He
stated safety would be improved by adding this dock versus having on-grade deliveries.
ARDEN HILLS PLANNING COMMISSION – February 5, 2020 4
Commissioner Vijums asked if the driveway width should be increased for turning radius
purposes.
Mr. Ritton commented the driveway width had been widened to make the turning safer. He
indicated he would work with the delivery drivers to ensure they were heading south on
Innovation Drive after deliveries.
Community Development Manager/City Planner Mrosla explained the width of the driveway
was somewhat limited given the location of a wetland on the property.
Commissioner Lambeth questioned what the construction schedule was for this project.
Mr. Ritton reported construction would begin in the spring of 2020 pending approval from the
City.
Chair Gehrig moved and Commissioner Lambeth seconded a motion to recommend
approval of Planning Case 19-018 for Site Plan Review of 4100 Hamline Avenue based on
the findings of fact and the submitted plans, as amended by the ten (10) conditions in the
February 5, 2020, report to the Planning Commission. The motion carried unanimously (5-
0).
B. Planning Case 19-020; 3159 Shoreline Lane Variance Request – No Public Hearing
Required
Associate Planner Hartmann stated Justin Brown (“The Applicant”) has requested a variance
for an ordinary high water (OHW) yard setback of five feet, six inches (5’ 6”) to construct a new
deck behind a single-family dwelling located at 3159 Shoreline Lane (“Subject Property”).
Associate Planner Hartmann reported on October 16th, 2019 Curtin and Sons Construction
LLC submitted a building permit for construction of a new deck in the rear yard of the Subject
Property (“2019-01063”). Staff inspected the property and determined that the previous deck,
which was approved under a building permit in 2007 (“B07-9967”), had been removed and the
contractor was planning to build a larger deck, based on photos of the property from 2017 and the
evidence that the posts for the new deck had been dug farther out than the posts for the previous
deck. Under 2019-01063, the contractor indicated the replacement deck proposed was 13 feet, 6
inches wide and 34 feet, 3 inches long where the previous deck under B07-9967 was built to
eight feet (8’) wide and 30 feet long.
Associate Planner Hartmann explained the Applicant is requesting a variance to the setback
from the ordinary high water level (OHWL). The required setback is 50 feet but the Zoning
Ordinance allows a six foot (6’) encroachment into the required setback. The proposed deck
exceeds the allowed setback and encroachment by five and a half feet (5.5’).
Associate Planner Hartmann indicated staff notes that building plans are not required as part of
a submission for a Land Use Application, but because the nature of the request is regarding a pre-
existing structure encroaching on the setbacks for the property, previous building permits have
been included in the Land Use Application for comparison. The Planning Commission is being
asked to determine if a variance request for flexibility with the OHW setback requirement should
ARDEN HILLS PLANNING COMMISSION – February 5, 2020 5
be approved. The evaluation of the proposal should be based on the District Provisions in Section
1320.06 and the Requirements for a Variance in Section 1355.04, Subd. 4.
Associate Planner Hartmann reviewed the Plan Evaluation, Variance Criteria and provided the
Findings of Fact for review:
General Findings:
1. City Staff received a land use application for a request to build a new deck behind the
single family dwelling at the Subject Property 3159 Shoreline Lane.
2. The Subject Property is located in the R-2 One and Two Family Residential District.
3. A deck on a single-family detached dwelling is a permitted use in the R-2 district.
4. The Subject Property is non-conforming with the R-2 districts standards for minimum lot
width requirements.
5. The rear setback to the property is determined by the Ordinary High Water Level
(OHWL) for Lake Josephine, which is 50 feet.
6. The principle structure is 52 feet from the OHWL.
7. Decks, uncovered porches, ramps, and steps generally may extend six feet (6’) into
required setbacks but in no case shall these encroachments be less than six feet (6’) from
any lot line.
8. The proposed deck on the Subject Property would otherwise conform to all other
requirements and standards of the R-2 district and Shoreland Management Regulations.
9. The proposed development would not encroach on any flood plains, wetlands, or
easements.
10. A variance may be granted if the Applicant meets all three factors of the statutory test for
practical difficulties.
Associate Planner Hartmann stated recommends approval of the Variance at 3159 Shoreline
Lane, based on the findings of fact and the submitted plans, as amended by the conditions below:
1. A Building Permit shall be issued prior to commencement of construction.
2. 2. The proposed building shall conform to all other standards and regulations in the City
Code.
Associate Planner Hartmann reviewed the options available to the Planning Commission on
this matter:
1. Recommend Approval with Conditions
2. Recommend Approval as Submitted
3. Recommend Denial
4. Table
Chair Gehrig opened the floor to Commissioner comments.
Commissioner Vijums asked if other deck variances on Lake Josephine have been approved.
Associate Planner Hartmann stated staff found one other instance where a variance was
approved on Lake Johanna in 1995. He commented further on the previous variance request.
ARDEN HILLS PLANNING COMMISSION – February 5, 2020 6
Community Development Manager/City Planner Mrosla commented the City’s Shoreline
Ordinance was not approved until 2010.
Chair Gehrig questioned if staff had visited the site and if so, were there any concerns about any
extended deck interfering with sight lines.
Community Development Manager/City Planner Mrosla reported staff has visited the site
numerous times. He explained views and sight lines were not to be take into consideration for
variance requests but rather the zoning level only.
Commissioner Lambeth asked what the width of this property was.
Associate Planner Hartmann reported the lot was 45 feet at its narrowest point. He stated the
lot was a legally non-conforming property.
Commissioner Lambeth reviewed the comments the City had received from the neighbors
noting there was concerns regarding views and sight lines. He stated five and half feet was not a
great deal of space and he wondered how this small of a variance would inconvenience the
neighbors. He anticipated the neighbor’s six foot solid fence blocked more views than the
proposed deck would. He explained he supported the proposed deck and found it to be
reasonable.
Commissioner Subramanian questioned if the owners would consider redesigning the deck to
maintain a length that did not require a variance.
Community Development Manager/City Planner Mrosla deferred this question to the
applicant.
Curt Kirklin, Kirklin & Sons Construction, stated he was representing the applicant. He
reported the deck would not be functional if it were angled. He noted this was an awkward lot
that was developed prior to all of the current City Code. He explained the proposed deck would
have clear glass railings so as not to obstruct any views.
Commissioner Lambeth asked how long the applicant has lived in the home.
Justin Brown, 3159 Shoreline Lane, stated he has lived in the home since 2013. He explained
the home was owned between six of his family members. He reported the deck was being
proposed to provide more space for the family when recreating at the lake home.
Commissioner Lambeth questioned if Mr. Brown was aware of the existing restrictions and
setbacks when he purchased the home.
Mr. Brown explained he looked at replacing the deck last year after the existing trusses began to
give out. He stated the new deck would be made out of composite materials.
Commissioner Lambeth inquired if Mr. Brown had spoken to the neighbors who objected to the
new deck.
ARDEN HILLS PLANNING COMMISSION – February 5, 2020 7
Mr. Brown stated he had spoken to Catherine and Trace Robinson, the homeowners to the north,
along with the neighbors to the south. He explained he has had a relationship with these
neighbors since 2013. He noted the Robinson’s use their lake home as a vacation property noting
they live in Houston, Texas.
Commissioner Wicklund requested further information regarding the footings that were already
in the ground.
Mr. Kirklin reported these footings were for the existing deck. He noted these would be
removed and only two would be put in place.
Chair Gehrig stated the applicant was requesting a 13’ 5” deck. He questioned how this deck
would be used by the applicant.
Mr. Brown explained the deck would be used for outdoor dining space.
John Lily, attorney representing Catherine Robinson and Trace Ritt, stated his client’s home was
at 3167 Shoreline Lane. He noted he provided the City with a written submission. He
respectfully disagreed with Commission Lambeth noting the proposed deck would impact the
neighbors. He commented on the legal requirements for a practical difficulty and stated this
request had not met the standards. He feared if the City were to approve this variance request a
precedent would be set for future deck expansion requests. He anticipated there were many
homes on the lake that wanted to extend their decks closer to the lake. He explained there was
than enough usable space to install a deck. While he understood this lake lot was uniquely sized,
he stated this was not enough of a reason to approve the variance. He commented further on how
the proposed deck would adversely impact the view his clients have of the lake. He reiterated that
financial difficulty did not meet the standard within Statute to approve a variance.
Commissioner Wicklund stated after hearing comments from the neighbors representative he
had several questions. He asked if staff recommended it was not advisable to make decisions
based on views.
Community Development Manager/City Planner Mrosla stated this was correct. He noted
the City had reached out to the watershed district and the DNR and received no comments. He
reported staff had also discussed the matter with the City Attorney and he was advised a
determination on the variance should be made by the Planning Commission.
Commissioner Wicklund questioned who governed docks and dock sizes.
Community Development Manager/City Planner Mrosla explained the City had some
regulations in place for dock widths at the shoreline.
Commissioner Wicklund stated it may be helpful, from an educational standpoint, to let the
residents that have raised concerns know about the City’s dock standards.
Community Development Manager/City Planner Mrosla reported staff would follow up with
these residents. He commented further on the impervious surface questions that were raised by
the neighbors.
ARDEN HILLS PLANNING COMMISSION – February 5, 2020 8
Chair Gehrig thanked staff for outlining the Commission’s purview for this request. He
commented on the practical difficulties for this request. He suggested the fact that the home was
built 52 feet from the high water mark was a difficulty given the fact it left no room for a deck.
He stated these things happen and noted how City Code has changed over the years. He believed
an eight foot deck was simply a balcony space and a 13’ 5” deck would be more useable. In
addition, he did not believe the proposed deck would alter the character of the neighborhood. He
stated he supported the variance as requested.
Commissioner Vijums agreed stating this property was legally non-conforming. He supported
the applicant being able to have a useful deck versus simply a walking space.
Commissioner Vijums moved and Commissioner Lambeth seconded a motion to
recommend approval of Planning Case 19-020 for a Variance at 3159 Shoreline Lane
based on the findings of fact and the submitted plans, as amended by the two (2) conditions
in the February 5, 2020, report to the Planning Commission. The motion carried
unanimously (5-0).
C. Planning Case 19-021; Brausen Family Automotive PUD Amendment – No
Public Hearing Required
Community Development Manager/City Planner Mrosla stated Brausen Automotive Repair
(“The Applicant”) has submitted an application for a Planned Unit Development Amendment.
The Applicant is requesting flexibility in the color scheme and materials proposed for the
renovation and remodel of the existing automotive repair garage, service station and car wash.
Community Development Manager/City Planner Mrosla explained at its June 5, 2019
meeting, the Planning Commission reviewed and approved a Land Use Application for a Final
Planned Unit Development (PUD) and Site Plan Review at Brausen Automotive Repair. At that
time, the Applicant proposed to demolish the exiting service station and carwash. The structures
would be replaced with a new 7,978 square foot convenience store and a 1,600 square foot
carwash. In addition, the Applicant proposed a 4,505 square feet garage and repair bay addition.
During the PUD process the Applicant received approval for the general site design, building
architecture and materials, parking, carwash access, stormwater ponding, landscaping and
lighting.
Community Development Manager/City Planner Mrosla reported since receiving their
approvals, the Applicant is requesting to modify the approved building architecture and
materials. The intent of the modifications are to improve the aesthetics of the proposed buildings
to better complement the existing repair garage. In order to incorporate the existing repair garage
into the design the Applicant is requesting flexibility to utilize pre-cast panels on the proposed
carwash and repair garage addition. Pre-cast concrete panels are a construction material produced
by casting concrete in a mold and then is cured. After the product is cured, it is transported to the
construction site and lifted/tilted into place (Figure 1). The Applicant is requesting to utilize pre-
cast panels because the product can be formed to match the existing structure design.
Community Development Manager/City Planner Mrosla stated however, the City Code
section below depicts pre-cast panels as an undesirable material.
ARDEN HILLS PLANNING COMMISSION – February 5, 2020 9
1325.05 Subd 7. (D)(3)Undesirable materials shall include simulated brick, vinyl or
aluminum siding, sheet or corrugated metal siding, plain concrete blocks or panels,
brightly colored metal roofing or canopies, pre-cast tilt-up walls, mirrored or reflective
glass, and materials that represent corporate colors or logos not in conformance with
approved building materials.
Community Development Manager/City Planner Mrosla commented due to the requested use
of an undesirable material staff directed the Applicant to submit a Land Use Application
requesting a Concept Plan Review. The Concept Plan Review process is an opportunity for the
City Council to provide comments and questions regarding the proposed development on the
general public health, safety, comfort and general welfare of the inhabitants of the City of Arden
Hills. A concept review is considered advisory and is nonbinding to the City and Applicant
(Section 1320.14, Subd 4 of the Zoning Code). No formal action can be taken at a Work Session.
If the applicant decides to proceed with the project, a formal application will be subject to the full
review process, including a public hearing with Planning Commission and City Council review.
Community Development Manager/City Planner Mrosla explained the City Council heard
this request at their November 18, 2019 work session meeting. The Applicant and their
contractor discussed with the City Council their request to use pre-cast panels on the carwash and
repair garage addition. In addition, the Applicant stated they would propose minor changes to the
north and west elevation to better complement the existing repair garage as well. During the
meeting, Councilmembers asked questions about the pre-case panels and reviewed proposed
elevation changes. Council requested the Applicant to break up the east elevation as the propose
plans had no windows or breaks in the pre-cast. However, the Council was overall supportive of
the proposed changes.
Community Development Manager/City Planner Mrosla reviewed the surrounding area, the
Plan Evaluation and provided the Findings of Fact for review:
1. The property located at 1310 W County Road E is located in the B-2 General Business
District.
2. The Applicant received Final Planned Unit Development and Site Plan Review approvals
on June 24, 2019.
3. The applicant has submitted an Amended Planned Unit Development application.
4. The Master PUD substantially conforms to the requirements of the City Code.
5. Where the plan is not in conformance with the City Code, flexibility has been requested
by the applicant and/or conditions have been placed on an approval that would mitigate
the nonconformity.
6. Flexibility through the Amended PUD process has been requested in the following areas:
building materials.
7. The proposed development plan meets or exceeds the minimum requirements of the City
Code in the following areas: lot size, building coverage, landscape coverage, setbacks,
street trees, perennials and shrubs, planting islands, drainage wetlands and flood plain tree
selection, lighting, screening.
8. The Master PUD is in conformance with the Arden Hills 2030 Comprehensive Plan. The
property at 1310 W County Road E is guided for Community Mixed Use. Community
ARDEN HILLS PLANNING COMMISSION – February 5, 2020 10
Mixed Use areas are intended to offer a broad range of retail, services, and office space to
meet community needs.
9. The application is not anticipated to create a negative impact on the immediate area or the
community as a whole.
Community Development Manager/City Planner Mrosla recommended approval of the
Amended PUD at 1310 W County Road E., based on the findings of fact and submitted plans,
subject to the following conditions:
1. All conditions of the original Final Planned Unit Development and Site Plan Review
(Planning Case 19-001) shall remain in full force and effect.
2. The Amended Planned Unit Development approval shall expire six months from the date
of the City Council approval unless a building permit has been requested or a time
extension has been granted by the City Council.
3. Prior to the issuance of the building permit, the Applicant shall enter into a Final Planned
Unit Development Agreement.
Community Development Manager/City Planner Mrosla reviewed the options available to
the Planning Commission on this matter:
1. Recommend Approval with Conditions
2. Recommend Approval as Submitted
3. Recommend Denial
4. Table
Chair Gehrig opened the floor to Commissioner comments.
Commissioner Lambeth asked if the proposed South elevation had reflective glass.
Community Development Manager/City Planner Mrosla stated this elevation would have
standard glass and not reflective glass.
Commissioner Vijums questioned if the tip up panels were being used for cost savings
measures.
Community Development Manager/City Planner Mrosla reported he was uncertain if this was
a factor. He indicated the reason for changing the building materials was to make the existing
and new portions of the building more closely align from a visual standpoint.
Commissioner Vijums moved and Commissioner Lambeth seconded a motion to
recommend approval of Planning Case 19-021 for an Amended PUD at 1310 West County
Road E based on the findings of fact and the submitted plans, as amended by the three (3)
conditions in the February 5, 2020, report to the Planning Commission. The motion
carried unanimously (5-0).
UNFINISHED AND NEW BUSINESS
None.
ARDEN HILLS PLANNING COMMISSION – February 5, 2020 11
REPORTS
A. Report from the City Council
Councilmember Scott provided the Commission with an update from the City Council. He
discussed the action the Council took on three Planning Cases. He reported the Council
appointed Interim City Engineer/Public Works Director Blomstrom as the City’s Engineer. He
explained the City Council also appointed Board and Commission positions. He commented on
the Presidential Primary election and encouraged residents to vote on Tuesday, March 3rd. He
indicated two of the City’s precincts had changed, Precinct 2 was now located at the Anderson
Center and Precinct 3 would be hosted at North Heights Lutheran Church.
B. Planning Commission Comments and Requests
None.
C. Staff Comments
None.
ADJOURN
Commissioner Lambeth moved, seconded by Commissioner Wicklund, to adjourn the
February 5, 2020, Planning Commission Meeting at 7:46 p.m. The motion carried
unanimously (5-0).