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HomeMy WebLinkAbout03-08-23-PC AgendaOATH OF OFFICE APPROVAL OF THE AGENDA APPOINTMENT OF VICE -CHAIR APPROVAL OF 2023 MEETING CALENDAR APPROVAL OF MINUTES December 7, 2022 Planning Commission Regular Meeting DRAFT 12 -07 -22 PC MINUTES.PDF PLANNING CASES Planning Case 23 -003 - 1174 Edgewater Avenue - Minor Subdivision And Variance (Public Hearing Required) MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF Planning Case 23 -004 - Zoning Code Amendment To Chapter 13 To Allow Solar Energy Systems In The Conservation District (Public Hearing Required) MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF ATTACHMENT G.PDF UNFINISHED AND NEW BUSINESS COMMENTS AND REPORTS Report From The City Council Planning Commission Comments ADJOURNMENT ADJOURN A quorum of the City Council may be present at this meeting. Chair: Paul Vijums Commissioners: Jonathan Wicklund Kurt Weber Arlene Mitchell Joshua Collins Shelley Blilie Brad Bjorklund Clayton Zimmerman (Alt) Steven Jones (Alt) Council Liaison: Emily Rousseau Planning Commission March 8, 2023 6:30 p.m. City Hall Address: 1245 W Highway 96 Arden Hills MN 55112 Phone: 651 -792 -7800 Website : www.cityofardenhills.org City Vision Arden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play. This meeting can be accessed remotely by joining via Zoom To join the Zoom meeting, click this link (or copy and paste it into a new browser): https://us02web.zoom.us/j/85713936992 This meeting will be streamed live on local Cable Channel 16 and available for playback on our website Agenda CALL TO ORDER 1. 2. 3. 4. 5. 5.A. Documents: 6. 6.A. Documents: 6.B. Documents: 7. 8. 8.A. 8.B. 9. OATH OF OFFICEAPPROVAL OF THE AGENDAAPPOINTMENT OF VICE -CHAIRAPPROVAL OF 2023 MEETING CALENDARAPPROVAL OF MINUTESDecember 7, 2022 Planning Commission Regular MeetingDRAFT 12 -07 -22 PC MINUTES.PDF PLANNING CASES Planning Case 23 -003 - 1174 Edgewater Avenue - Minor Subdivision And Variance (Public Hearing Required) MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF Planning Case 23 -004 - Zoning Code Amendment To Chapter 13 To Allow Solar Energy Systems In The Conservation District (Public Hearing Required) MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF ATTACHMENT G.PDF UNFINISHED AND NEW BUSINESS COMMENTS AND REPORTS Report From The City Council Planning Commission Comments ADJOURNMENT ADJOURN A quorum of the City Council may be present at this meeting. Chair:Paul VijumsCommissioners:Jonathan WicklundKurt WeberArlene MitchellJoshua CollinsShelley BlilieBrad BjorklundClayton Zimmerman (Alt)Steven Jones (Alt)Council Liaison:Emily Rousseau Planning Commission March 8, 2023 6:30 p.m. City Hall Address:1245 W Highway 96Arden Hills MN 55112Phone:651 -792 -7800Website:www.cityofardenhills.orgCity VisionArden Hills is a strong community that values its unique environmental setting,strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirableCity in which to live, work, and play.This meeting can be accessed remotely by joining via ZoomTo join the Zoom meeting, click this link (or copy and paste it into a new browser): https://us02web.zoom.us/j/85713936992This meeting will be streamed live on local Cable Channel 16 and available for playback on our website AgendaCALL TO ORDER1.2.3.4.5.5.A.Documents: 6. 6.A. Documents: 6.B. Documents: 7. 8. 8.A. 8.B. 9. Approved: March 8, 2023 CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, DECEMBER 7, 2022 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Paul Vijums called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Chair Paul Vijums, Commissioners Shelley Blilie, Joshua Collins, Marcie Jefferys, Arlene Mitchell, and Jonathan Wicklund. Absent: Commissioner Steven Jones (Alternate), Kurt Weber and Clayton Zimmerman (Alternate). Also present were: Community Development Director Jessica Jagoe and Councilmember Fran Holmes. APPROVAL OF AGENDA – DECEMBER 7, 2022 Chair Vijums moved, seconded by Commissioner Collins, to approve the December 7, 2022, agenda as presented. The motion carried unanimously (6-0). APPROVAL OF MINUTES November 9, 2022 – Planning Commission Regular Meeting Chair Vijums moved, seconded by Commissioner Wicklund, to approve the November 9, 2022, Planning Commission Regular Meeting as presented. The motion carried unanimously (6-0). PLANNING CASES A.Planning Case 22-022; 1861 Highway 96 West - Variance – Public Hearing Not Required Community Development Director Jagoe stated the Subject Property is currently developed with a single-family residential dwelling (727 SF) and detached garage (584 SF). The dwelling ARDEN HILLS PLANNING COMMISSION – December 7, 2022 2 was constructed in 1939 and the detached garage was added in 1961. The original legal description for the subject property has a described property boundary of 1.0689-acres (46,561 SF). Between 1949 and 2014, there have been four acquisitions of land by the State of Minnesota and Ramsey County for highway right-of-way purposes. As a result of the ROW dedication, the parcel size has been reduced to 0.62-acre (27,098 SF) as shown on the survey provided. The reduction in lot area due to the dedication of ROW is primarily along the north and northeast sides of the property which is considered to be the front yard for the Subject Property. Today, the property is considered legal nonconforming with a front yard setback of 25 feet as measured from the northeast corner of the home. Community Development Director Jagoe explained the Applicants are proposing to demolish the existing structures and rebuild one principal structure (i.e. single family dwelling with attached garage) on the Subject Property. In considering the city code requirements and environmental features of the property, the Applicants have determined the most suitable location to rebuild would be to shift and orientate the new structure south/southeast of the current structure location. The new home location would require a variance to allow a front yard setback of 28 feet versus 40 feet as required by city code. The proposed project complies with all other applicable city code requirements for the R-1 Zoning District (i.e. structure coverage, FAR, impervious surface, etc.) and Shoreland regulations. Community Development Director Jagoe reported at their October 17, 2022 meeting, the City Council reviewed the concept plans for the proposed redevelopment of the Subject Property. Overall, the City Council acknowledged the rational for the reduced front yard setback request given the additional right-of-way acquisitions that had occurred over time. At that time, there were no suggested changes to the conceptual site layout. The Applicants were encouraged to review the rear yard sightlines to make sure that the view of the adjacent property was not obstructed by the placement of the new dwelling. Community Development Director Jagoe reviewed the site data, surrounding area, the Plan Evaluation and provided the Findings of Fact for review: General Findings: 1. City Staff received a land use application for a variance request to the required R-1 Zoning District front yard setback at the Subject Property 1861 Highway 96 W. 2. The Subject Property is a nonconforming lot of record attributed to State and County right-of-way acquisitions for highway purposes that resulted in a front yard setback encroachment of 25.05 feet and does not comply with the minimum R-1 district standards of 40 feet. 3. The proposed redevelopment would bring the Subject Property closer to conformance with the R-1 district standards and reduces the front yard setback encroachment at 28.92 feet. 4. The proposed single-family dwelling would not require a side yard, rear yard, or Shoreland setback variance. 5. The proposed single-family dwelling on the Subject Property would conform to all other requirements and standards of the R-1 Zoning District. Variance Findings: ARDEN HILLS PLANNING COMMISSION – December 7, 2022 3 6. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 7. The variance would be consistent with the City’s Comprehensive Plan because it meets the City’s housing goal of encouraging redevelopment that is complimentary to and enhances the character of the City’s established neighborhoods. 8. A single-family dwelling is a permitted use within the R-1 Zoning District. 9. A single-family dwelling is a reasonable use of the property that would not be allowed under the rules of the Zoning Code without the requested variance. 10. The nonconforming front yard setback for the R-1 Zoning District is a unique circumstance that is attributed to acquisitions of additional highway right-of-way by the State and County. 11. The proposed single-family dwelling would not alter the essential character of the neighborhood because the configuration of development on the Subject Property would be consistent and compatible with the neighborhood. 12. The variance request is not based on economic considerations alone. Community Development Director Jagoe reviewed the options available for Planning Case 22-022 to the Planning Commission on this matter: 1. Recommend Approval with Conditions 1. A Building Permit shall be issued prior to the commencement of demolition and for the new home construction. 2. The proposed building shall conform to all other standards and regulations in the City Code. 3. A Grading and Erosion permit shall be obtained from the City’s PW/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, Minnesota Department of Natural Resources, U.S. Fish and Wildlife Services, and Ramsey County prior to the start of any site activities. 4. Upon completion of grading and utility work on the site, a grading as-built and utility as-built shall be provided to the City. 5. Final grading, drainage, utility, and site plans shall be subject to approval by the Public Works Director/City Engineer and Community Development Director prior to the issuance of a grading and erosion control permit or other development permits. 6. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Applicants during construction to ensure that sediment and storm water does not leave the project site 7. The Applicants shall be responsible for providing verification of approval and obtaining any permit necessary from the Rice Creek Watershed District prior to the start of any site activities. 8. A right-of-way permit shall be required for work performed within the City right- of-way. 9. A Tree Preservation Plan shall be required as part of the Building Permit application for the new dwelling. Any tree removal, preservation, and mitigation shall be completed in accordance with City Code Section 1325.055. 2. Recommend Approval as Submitted ARDEN HILLS PLANNING COMMISSION – December 7, 2022 4 3. Recommend Denial 4. Table Chair Vijums opened the floor to Commissioner comments. Commissioner Wicklund asked who owned the land along the rear property line. Community Development Director Jagoe stated this land was owned by US Fish and Wildlife Services. Commissioner Wicklund questioned vehicles were being parked on the neighbor’s property. Community Development Director Jagoe deferred this question to the applicant. Chair Vijums commented the right of way has been reduced over time because of the expansion of Highway 96, which was an unfair constraint on this property. He inquired if the architect considered moving the new structure a little closer to the lakefront in order to satisfy City Code. Community Development Director Jagoe explained the applicant had considered other possible locations on the property, but after trying to save as many significant trees as possible, the proposed house placement was presented to staff. Katie Bach, 1861 Highway 96 West, reported she went through a number of different iterations with her architect when considering the placement of the house and garage on this lot. She discussed how the ordinary highwater setback was set based on her neighbors setback. She noted the placement and angle of the garage was difficult, due to the location of mature oaks and maples. Chair Vijums questioned if the house could be shifted south or southwest. Ms. Bach stated if the house was pushed south, this would cause concern with the ordinary highwater setback relative to the neighbors setback and to the west there was a mature maple she was trying to save. Chair Vijums indicated this was a non-conforming lot that has been eroded by Highway 96 easements and encroachments, which made it difficult to place a home. He was of the opinion the proposed home was well placed on the lot and noted only a small portion of the garage was encroaching within the setbacks. Commissioner Wicklund moved and Commissioner Collins seconded a motion to recommend approval of Planning Case 22-022 for a Variance at 1861 Highway 96 West based on the findings of fact and the submitted plans, a s amended by the conditions in the December 7, 2022, report to the Planning Commission. The motion carried unanimously (6-0). B. Planning Case 22-023; 3565 Pine Tree Drive – PUD Amendment – Public Hearing Required ARDEN HILLS PLANNING COMMISSION – December 7, 2022 5 Community Development Director Jagoe stated the Applicant has submitted a land use application for a Planned Unit Development Amendment, seeking flexibility on the size, type, location, and design of wall and monument signs at the New Perspective Senior Living building. The Applicant shares an existing multi-tenant sign with Bethel University. The Applicant is proposing three additional signs, a main entrance monument sign, a roof sign, and a directional sign. The proposed main entrance monument size requires flexibility on the design, location, and number/size. The proposed roof sign requires flexibility on the type and size. Community Development Director Jagoe reported at its January 25, 2021 meeting, the City Council approved a Conditional Use Permit for the property at 3665 Pine Tree Drive. On February 8, 2021, the Council subsequently approved a Planned Unit Development and a Site Plan for this development, allowing for the construction of a four (4) story multi-family senior living facility. This approval did not include signs. A Condition of Approval was included in the City Council’s motion that required a separate sign permit for all proposed signage and for all signage to meet the requirements of Sign District 4. The Conditions of Approval also required the Applicant to provide City staff with written approval from Bethel University, the owner of Outlot A, permitting the construction of the proposed monument sign on Bethel’s property. In a letter dated September 27, 2021, the Applicant agreed to forego the right to an individual monument sign on Outlot A to be part of a multi-tenant sign with Bethel University. The multi- tenant sign has since been constructed and is currently located on Outlot A, where Pine Tree Drive meets the access road to New Perspective Senior Living and Bethel University’s Anderson Center. Community Development Director Jagoe reviewed the site data, the Plan Evaluation and provided the Findings of Fact for review: 1. The Applicant submitted an application for a Planned Unit Development Amendment. 2. The Subject Property is located within the General Business District (B-2) and is guided for Community Mixed Use (CMU) in the Land Use Plan. 3. The Subject Property is approximately 6.4 acres and is owned by Arden Hills RE, LLC. 4. Adjustments to the requirements and standards for the height, number, type, lighting, area, and/or location of a sign or signs established by this Chapter may be approved with a Site Plan Review or a Planned Unit Development process as described for in Section 1320 and 1355 of the Zoning Code. 5. Flexibility through the PUD process has been requested for the location, number/size, and design of the proposed wall and monument signs. 6. The proposed signage plan will not result in a sign that is inconsistent with the purpose of the zoning district in which the property is located or the current land use. 7. A public hearing for a Planned Unit Development Amendment is required before the request can be brought before the City Council. Community Development Director Jagoe reviewed the options available for Planning Case 22- 023 to the Planning Commission on this matter: 1. Recommend Approval with Conditions 1. All conditions of the original Preliminary/Final Plat, Planned Unit Development, Conditional Use Permit, and Site Plan Review shall remain in full force and effect. 2. A separate sign permit shall be required for all proposed signage. ARDEN HILLS PLANNING COMMISSION – December 7, 2022 6 3. All signage shall meet all other requirements of Sign District 4. 2. Recommend Approval as Submitted 3. Recommend Denial 4. Table Chair Vijums opened the floor to Commissioner comments. Commissioner Collins asked how Bethel University used their building. Community Development Director Jagoe stated Bethel’s building was zoned B-2, General Business District and noted the building was used as classroom space and other commercial uses. She noted the building was not used for residential housing. Commissioner Mitchell recommended proper signage be posted on the site to direct traffic to the senior housing. She indicated she was torn when considering this request. She feared the proposed sign was too large for the property and was being used for advertising purposes rather than to help people find the building. Community Development Director Jagoe reported the Applicant has stated the proposed signage would assist people with finding the building, especially given the fact they would not have a free standing sign along Snelling Avenue. Chair Vijums questioned if the City recently changed the sign code. Community Development Director Jagoe explained there have been no recent changes to the sign code. Councilmember Holmes stated the Council has discussed the sign code, but noted no changes have been made. She discussed how each sign request was so unique. Chair Vijums reported the applicant was asking for a sign that was 3½ times larger than would be allowed within City Code. He inquired if the City had ever approved a sign this large. He anticipated the only sign this large would be Cub Foods. Councilmember Holmes noted the Gradient Financial sign was large, as well as the signs for Cub Foods. Chair Vijums stated he was struggling with the proposed sign size and asked what other alternatives had been considered. He supported the signage being reconsidered. He feared that if the proposed sign were approved, there would be future requests for very large wall signs. Commissioner Wicklund asked if a fourth condition regarding the sign concerns could be added to the PUD Amendment. Community Development Director Jagoe explained the Commission could add a fourth condition addressing their concerns regarding the proposed sign size. She noted this condition ARDEN HILLS PLANNING COMMISSION – December 7, 2022 7 would go to the City Council for further consideration. She requested the Commission be clear regarding what the recommendation for the roof sign. Commissioner Jefferys commented it appears the wall sign was being used for advertising due to the fact the applicant states within the staff report that the proposed sign size was necessary due to the speed of traffic along Snelling Avenue. She explained she would like the applicant t o speak to the Commission regarding the proposed sign size. In addition, she also wanted to learn more about the different sign design for the free standing sign. Commissioner Mitchell indicated there was a science to signage and the size of a sign should be calculated to be useful based on the surrounding lighting conditions, whether people are in motion, and proposed typeface. She stated for the sign proposed for the parapet should be calculated and properly scaled for the building. She encouraged the applicant to pursue a sign that was large enough to be useful, but not larger than that. She questioned how the applicant arrived at the proposed sign size. Commissioner Jefferys stated she also wanted to know what the purpose was for the sign. She anticipated people visiting this building, were doing so on purpose. Chair Vijums commented on how the monument signs along Snelling Avenue help with directing traffic. He believed the proposed building sign was being used for advertising purposes based on its size. He invited the applicant to come up at this time to address the Commission. Florent Ilazi, Arden Hills RE, LLC, thanked the Commission for their time and consideration. He discussed the proposed building sign. He stated he understood the sign was 3½ times larger than was allowed by sign code, but noted the sign was only 1% of the building area. He believed this was a key distinction when considering sign size. He discussed how the building was oriented on the property and how far it was from Snelling Avenue. He reported this was the same sign that was used for a similar project that was completed in Wisconsin. He indicated there was no other location for signage on the building. He stated due to the distance and speed of passing traffic, a larger sign was being requested. He noted he could reduce the sign size slightly if this was a concern of the Commission. He commented further on the landscape plan and indicated the site would be heavily wooded, which led him to the proposed location for the roof sign. He reviewed the building elevations in further detail and noted there was no other location for wall signage. Commissioner Wicklund stated he was happy to have this new housing in Arden Hills. He noted he works out of the Bethel Anderson Center building. He believed there was no confusion when driving to the Bethel Anderson Center or New Perspective Senior Housing building. He believed that the generic use of “Senior Living” on the building was being done for marketing purposes and asked that the applicant speak to this. He questioned why the applicant was not considering a higher quality branded sign for the building. Mr. Ilazi explained the colors were intentional and the sign was simple and legible for viewing purposes. He noted this was based on science. He indicated this was a tricky area for due to the large amount of traffic along Snelling Avenue and County Road E. ARDEN HILLS PLANNING COMMISSION – December 7, 2022 8 Commissioner Wicklund inquired if there was an option to create a monument sign on the piece of property near the retaining pond. Mr. Ilazi commented on the landscaping plan and noted this area was proposed to be planted with trees. Commissioner Jefferys explained she was concerned with labeling this building “Senior Living” versus branding the building as “New Perspective”. She requested further information regarding the proposed free standing monument sign noting that it do not conform with City Code. Mr. Ilazi anticipated he missed the column requirement and noted he could amend the monument sign to meet City Code requirements. Chair Vijums asked if additional signage has been allowed on other buildings like this. Community Development Director Jagoe stated she was not aware of history for any multi- tenant PUD’s having additional signage. She commented on the signage that was allowed for Launch Properties. Chair Vijums indicated signs 1, 3 and 4 were fine so long as the base material and design can be addressed. He stated sign 2 was more difficult for him to consider. He requested the applicant come up with other options for sign 2, as he believed sign 2 was currently being used as a marketing platform. Commissioner Mitchell stated if the purpose of sign 2 was to identify the building by its name, it would feel better if it had the New Perspective name, versus having the generic “Senior Living”. Community Development Director Jagoe explained when the Commission reviews signage, it should not be considering the content of the sign, but rather should consider the sign adjustment standards under the PUD for exceptional design, architecture of building, size to the scale of the building and area as well as location. Commissioner Collins commented it was his understanding this sign package was used in another state by the applicant. He noted the applicant was asking for flexibility on a sign type that was not allowed, and a size of sign that was not allowed. He questioned if the applicant had reviewed the City’s sign standards or if this was simply the sign package used for a previous project. Mr. Ilazi discussed the process that was followed for the sign package. He explained the monument signs were in their proposed locations for visibility purposes. He indicated the western elevation was the only side of the building that could hold a sign and noted the proposed building sign would be legible and viewable for passing traffic. He stated he would be willing to decrease the size of the building sign slightly. Commissioner Collins requested further information on why the building sign has to be viewable from Snelling Avenue. ARDEN HILLS PLANNING COMMISSION – December 7, 2022 9 Mr. Ilazi stated this had to do with the site selection. He reported this site was chosen because of its close proximity to Snelling Avenue. Commissioner Collins expressed concern with the fact the applicant was proposing a sign that was not allowed and a size that was not allowed. He was of the opinion the applicant was requesting too much flexibility for sign 2. He wanted to see this property signed appropriately given its location. Chair Vijums commented another option would be to build a freestanding sign on the edge of the parking lot to identify the building. He stated the building had no identifying factors whatsoever, except for the words “Senior Living”. Mr. Ilazi reported this area of the parking lot was the main semi-truck access point for the rear of the building. He stated there was not enough space for a freestanding sign and sign foundation in this area of the parking lot. Commissioner Wicklund indicated the Commission wanted to find a way to make something work. He reported the Commission had to decide where the signage should be, so it wasn’t just a big non-branded marketing sign, but rather was something that fit with the character of the structure. Mr. Ilazi indicated he was hoping the building would be open by the end of January. He explained it has taken some time to design a sign plan and noted there were some visibility concerns. Chair Vijums opened the public hearing at 8:01 p.m. Chair Vijums invited anyone for or against the application to come forward and make comment. There being no comments Chair Vijums closed the public hearing at 8:01 p.m. Commissioner Wicklund stated he could support signs 1, 3 and 4 noting the logic for these signs was clear. He recognized his role on this Commission was advisory to the City Council and he believed the Commission has clearly voiced their concerns regarding sign 2. Chair Vijums questioned if the Commission could add a condition stating the flexibility would be granted for signs 1, 3 and 4 noting columns would have to be added to the monument sign, and for sign 2 the applicant shall review options and provide options for sign size and design considerations to better enhance the area consistent with the design and architecture onsite. Commissioner Jefferys stated she was also questioning the marketing piece or purpose of this sign. Chair Vijums explained his condition would allow for a sign to be placed on the building, but was requesting the applicant to review the options in order to provide a better design. ARDEN HILLS PLANNING COMMISSION – December 7, 2022 10 Commissioner Collins stated he did not understand why this signage would be allowed. He recommended the applicant reconsider how to properly sign the building, even if this meant in another location. Chair Vijums agreed another location for the building signage should be considered. He asked if the Commission supported adding a fourth condition. The Commission supported this condition being added. Commissioner Wicklund asked if the proposed condition would provide clarity for the next step in the approval process. Community Development Director Jagoe understood the Commission wanted the applicant to reconsider the design, size and location of the building sign. She stated the applicant may not have the opportunity to develop another plan that addresses each of these matters before going before the City Council. Chair Vijums explained another option would be for the Commission to recommend approval of signs 1, 3 and 4 and to decline approval for sign 2. Community Development Director Jagoe stated another option would be to require the wall signage to comply with Sign District 4 standards. Commissioner Wicklund indicated the Planning Commission wants the best win for the applicant. He stated he did not want to see the applicant shrinking the proposed building sign to meet Sign District 4 standards, but rather would like to see another sign option. Councilmember Holmes stated the City does not currently allow signs on the roof. She noted the Commission could state the sign could not be allowed on the roof. She reported if this sign were approved at the proposed location this would be a variance from the current sign standards. Commissioner Collins explained he did object to having a sign on the roof, which was why he was objecting to sign 2. While he understood there was a need to have proper signage on this building because it was on a busy road, he recommended the size of the signage and sign location be reconsidered. Commissioner Wicklund stated he agreed with these comments. He recommended the landscaping plan be modified in order to find a premium location for a monument sign along Snelling Avenue. Chair Vijums explained the Commission recommends rejecting sign 2 being placed on the roof and would like to see a new location, design and different size. Commissioner Mitchell supported a condition being added as proposed by Chair Vijums even if this meant the landscaping plan would have to be amended in the future. Community Development Director Jagoe reported if the applicant were required to put up another free standing sign on the site, this would require additional flexibility. ARDEN HILLS PLANNING COMMISSION – December 7, 2022 11 Commissioner Wicklund hoped that the Commission could communicate to the applicant that if a sign was not placed on the roof system, a third free standing sign would be allowed. Chair Vijums agreed this should be the case. He suggested the Planning Commission recommend approval of signs 1, 3 and 4 and then recommend denial of sign 2 requesting the applicant to come back with options for sign size, location and design or with consideration of a freestanding sign. Chair Vijums moved and Commissioner Blilie seconded a motion to recommend approval of Planning Case 22-023 for a Planned Unit Development Amendment at 3565 Pine Tree Drive based on the findings of fact and the submitted plans, as amended by the conditions in the December 7, 2022, report to the Planning Commission adding Condition 4 to read: The Planning Commission recommends approval of signs 1, 3 and 4 and recommends denial of sign 2 due to the location as prohibited under the city code requesting the applicant prepare alternate options for a wall sign that is suited to the size of the building, location, and design that will enhance the area, and be consistent with the architecture of the building, or consideration of a freestanding sign, and Condition 5 to read: Regarding Sign 1, the applicant shall provide a base that extends up the sides of the sign base to meet City Code material design standards is Sign District 4. The motion carried unanimously (6-0). UNFINISHED AND NEW BUSINESS None. REPORTS A. Report from the City Council Councilmember Holmes provided the Commission with an update from the City Council. She explained the Council has been working on the 2023 budget and tax levy. She reported th e Council would be holding a Truth in Taxation Hearing on Monday, December 12. She explained the Council would be holding a special workshop on Monday, December 12 to discuss the Lindy’s roundabout. She indicated the Council approved the setback variances for the property on Ridgewood Road. She noted the City had a holiday light map on the City’s website. She thanked all of the Planning Commissioners for their service to the community. She wished everyone a happy holiday and happy new year. Commissioner Wicklund asked if the Council had an update on TCAAP. He questioned if the JDA chair was up for reappointment. Councilmember Holmes stated the new City Council would be addressing this matter in 2023. She explained she was uncertain of the JDA chair would be reappointed by the end of the year. B. Planning Commission Comments and Requests Chair Vijums thanked Commission Jefferys for her service on the Planning Commission. ARDEN HILLS PLANNING COMMISSION – December 7, 2022 12 Chair Vijums thanked Councilmember Holmes for her many years of dedicated service to the City of Arden Hills on the City Council. Chair Vijums questioned if staff had an update on the unnamed grocer building. Community Development Director Jagoe reported the building was 85% complete. The Developer has indicated the grocer has suspended construction nationally and still anticipates the project should be completed in 2023. ADJOURN Chair Vijums moved, seconded by Commissioner Collins, to adjourn the December 7, 2022, Planning Commission Meeting at 8:36 p.m. The motion carried unanimously (6-0). Page 1 of 14 PC Agenda Item – 6A MEMORANDUM DATE: March 8, 2023 TO: Planning Commission Chair and Commissioners FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case #23-003 – Public Hearing Required Applicant: Mike Mezzenga Property Location: 1174 Edgewater Avenue Request: Minor Subdivision and Variance Requested Action Mike Mezzenga (“The Applicant”) has requested the approval of a Minor Subdivision and Variance for the property located at 1174 Edgewater Avenue (“Subject Property”). The Applicant is proposing to split the property into two lots for future redevelopment with single-family residential dwellings. To construct this proposal, the Applicant is seeking three variances based on applicable zoning code definitions and minimum lot standards. 1) Lot Width: The R-2 Zoning District minimum lot width shall be 85 feet. The Applicant is requesting a variance for Lot B to decrease the lot width to allow 60 feet as measured abutting Edgewater Avenue. 2) Lot Depth: The R-2 Zoning District minimum lot depth shall be 120 feet. The Applicant is requesting a variance for Lot A to decrease the lot depth as defined by code to 103 feet and to consider the east and west orientation of the lot at a depth of 188 feet in satisfaction of this requirement. 3) Rear Yard Setback: The R-2 Zoning District minimum rear yard setback is 30 feet. The Applicant is a variance for Lot A and Lot B to decrease the rear yard setback to 5 feet as measured from the south property line. The Applicant is requesting consideration of the west property line abutting Lake Josephine in satisfaction of this requirement. Background 1. Existing Site Conditions The Subject Property, 1174 Edgewater Avenue, is a 1.31-acre (56,806 SF) parcel located on the northeast side of Lake Josephine, west of Lexington Avenue. The Property is zoned R-2, Single & Two-Family Residential District and is guided as Low Density Residential (LDR) in the 2040 Page 2 of 14 Comprehensive Land Use Plan. The subject property is currently vacant land. All surrounding parcels are also zoned R-2, Single & Two-Family Residential District and designated for Low Density Residential Uses in the Land Use Plan. The Subject Property is the site of the (now demolished) St. Paul Lodge #2 – I.O.O.F, also known as the Oddfellow’s Lodge. The Applicant was issued a building permit to demolish the existing structure in September 2022. The Subject Property was originally approved as a lodge under a Conditional Use Permit (then called a Special Use Permit) in Planning Case #70-36. Since then, an amendment and a minor subdivision have been approved by the City Council. The following planning cases have been reviewed since the original CUP was adopted: Planning Case Application Request CC Action 05-03 Special Use Permit Amendment Reduce the size of the originally approved parking lot Approved 006-004 Minor Subdivision Consolidate three previously subdivided parcels into one conforming residential parcel Approved 2. Site Data 2040 Future Land Use Plan: LDR – Low Density Residential Existing Land Use: Vacant (former structure demolished in September 2022) Zoning: R-2, Single & Two-Family Residential District Lot Size: 1.31 acres Ramsey County GIS Aerial Map (prior to demolition) Page 3 of 14 3. Proposed Use The Applicant is proposing a Minor Subdivision and Variance to split the Subject Property into two residential parcels. As part of the subdivision review, the Applicant is requesting flexibility on setbacks with an evaluation of the lot layout for both parcels in an east and west development pattern to be consistent with existing development along Lake Josephine. Arden Hills Zoning Code defines the lot front yard as the boundary abutting the roadway (i.e. Edgewater Avenue). Mr. Mezzenga’s application narrative is requesting a review of the parcels with the eastern property line as the front yard and the property line abutting Edgewater Avenue considered a side yard. To construct this proposal, the Applicant is seeking three variances based on applicable zoning code definitions and minimum lot standards for lot width, lot depth, and rear yard setback. City Code Section 1325.04, defines the front lot line as “the boundary of a lot abutting a street” and the rear lot line as “the lot line most nearly parallel to and most remote from the front lot line.” The Applicant is asking the Planning Commission to consider the side of the lot abutting Edgewater Avenue as the side lot line. Mr. Mezzenga has stated this rational for flexibility from this definition would allow future residential dwellings to be built within the proposed building pads without the need for additional setback variances. In his application, the Applicant has included two site plans of the same Minor Subdivision in terms of lot dimensions . Site Plan A displays the potential building pads adhering to setbacks based upon the definitions of “lot” for front, side, and rear yards and with only the variances for lot width and lot depth. Site Plan B displays the proposed building pads with an additional variance from rear yard setbacks to be granted. The Applicant is seeking review and approval of Site Plan B. Site Plan A – Based on Lot Definitions Page 4 of 14 Site Plan B – Applicant Requested Approval The Applicant has indicated that if both lots were to be oriented with their front yards facing east rather than facing Edgewater Avenue, Lot A would meet the minimum lot depth requirement, and the total buildable area would increase. The Applicant has pointed out that this would be more consistent with the orientation of neighboring lakefront properties to the north of the Property which have front yards facing east. Additionally, the Applicant has stated that his proposed lot configuration in Site Plan B is able to accommodate a building pad that met setbacks, minimum lot coverage, minimum lot area per dwelling unit, maximum dwelling unit density, and minimum landscaped area requirements for the R-2 District and the Shoreland Overlay District. The Applicant is proposing to construct a single-family dwelling on each parcel. For the planning commission review, the Applicant has submitted a Certificate of Survey identifying the proposed lot configuration and house footprint of Tract A and Tract B. At this stage, the Applicant is seeking Planning Commission feedback on the variance portion of the minor subdivision in advance of developing civil plans, house floor plans, and renderings. 4. History of the Planning Case The Applicant previously applied for a concept review to split the lot and request a variance for the minimum lot width on September 2, 2022 (Planning Case 22-016). From the preliminary analysis, planning staff did identify that Parcel A would also require a variance to allow a shorter lot depth than what was required by the city code. The City Council was generally supportive of the lot dimensions for a two parcel Minor Subdivision as presented. Planning staff noted that the Applicant may need to seek additional variances based on the description of setbacks as verbally presented during the concept review. 5. Approvals The Planning Commission is being asked to determine if a Minor Subdivision and Variance request should be approved to split the Subject Property located at 1174 Edgewater Avenue into Page 5 of 14 two separate parcels. The evaluation of the proposal should be based on the requirements of Chapter 11 – Subdivisions, the District Provisions in Section 1320, the requirements in Section 1330 – Shoreland Regulations, and the requirements for a Variance in Section 1355.04, Subd. 4. Plan Evaluation Chapter 11, Subdivisions 1. Section 1130, Minimum Design Standards A. Street Plan and Streets No new streets would be constructed for the Minor Subdivision. Both lots would have frontage and access on Edgewater Avenue. B. Easements City subdivision regulations require a 12-foot wide utility and drainage easements dedicated to the City along the right-of-way and centered on common lot lines. The survey does not includes drainage and utility easements along all lot lines that conform to this requirement. The Applicant will be required to dedicate the proposed drainage and utility easements with Ramsey County as part of the Minor Subdivision being recorded. C. Lots Location and Size All lots are required to abut by their full frontage on a public street and meet the minimum lot dimensions required by the Zoning Code. The two lots have frontage on a public street. The Applicant is seeking a variance to meet the minimum standards of the R-2 District for lot width on Tract B. 2. Section 1130.08, Park Development Fee The Subdivision ordinance requires developers of subdivisions to dedicate to the public a reasonable percentage of the tract to be developed. Section 1130.08 Subd. 3 of the Subdivision Ordinance indicates that for a subdivision that results in new dwelling units of less than 2.5 units per acre, the applicant shall dedicate 10 percent of the buildable land area in the subdivision or pay a park development fee of $6,500 per residential unit. Ten percent of the development would be 0.13 acres which would not allow for a feasible park area. As a recommended condition of approval, the developer would be required to pay a park development fee of $6,500 for the proposed newly created single-family residential lot B. This fee would only be applied to the proposed Tract B. 3. Section 1150.03, Minor Subdivision of Unplatted Property The Subdivision ordinance allows for a Minor Subdivision of an unplatted tract of land to be exempted from the platting requirements of this chapter and may be allowed to be accomplished by means of a survey or registered land survey provided that the following requirements have been met: A. The resultant parcels abut on and have access to an existing public street, road, thoroughfare or highway; Criteria met. Page 6 of 14 B. The subdivision will not involve the opening, widening or extension of any public or private street, road, thoroughfare or highway and will not involve the dedication, reservation or construction of any type of public utility; Criteria met. C. The subdivision will not obstruct future streets which have been planned by the City; Criteria met. D. The subdivision will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located; Criteria met. E. The registered land survey conforms in all respects to the provisions of M.S. § 508.47 (4), as amended, the terms of which are incorporated herein by reference, or the survey contains the minimum requirements as outlines in Section 1150.03, Subd. 2, E items 1- 13; Criteria met. F. Monuments or stakes shall be placed and installed at all corners and angle points of the resultant parcels; Criteria to be met. Recommended condition of approval. G. The resultant parcels will not have setbacks and dimensions less than those required in the zoning ordinance, as amended; Criteria not met. The Subdivision ordinance for minimum design standards requires all newly created lots to abut by their full frontage on a publicly dedicated street. The Applicant is requesting a variance for the lot width for Tract B to allow 60 feet as measured abutting Edgewater Avenue. Additionally, the Applicant is proposing in Site Plan B to consider the eastern property line as the front yard for both parcels. H. Drainage and utility easements along lot lines and any other easements required by this chapter. Criteria to be met. Recommended condition of approval. I. A grading plan with drainage calculations shall be submitted if required by the city engineer. Criteria to be met. Recommended condition of approval. J. The subdivider has complied with the requirements of this chapter which the planning commission or City Council have made the subdivision by registered land survey or survey specifically subject to. Criteria met. 4. 1150.01 Granting Variances The City Council may grant a variance from the regulations contained in this chapter as part of the plat approval process following a finding that all of the following conditions exist: A. The hardship is not a mere inconvenience; According to the Applicant’s narrative, the hardship is converting a property from a commercial use to a residential use. B. The condition or conditions upon which the request is based are unique and not generally applicable to other property; According to the Applicant’s narrative submitted as a part of his application, the Subject Property includes unique circumstances due to its nontraditional shape and former use of the property. The Applicant states the former gathering hall/lodge having only one access off of Edgewater Avenue has limited the potential for future residential development. In order to be able to subdivide the parcel and construct a home on both lots that each meet setback requirements, the Applicant must seek these variances. Page 7 of 14 C. The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. According to the Applicant, by placing the houses in line in an east/west orientation with the neighboring houses along Lake Josephine, all setbacks will be consistent and more pleasing to the eye. According to the Applicant, the proposed single-family housing will be consistent with future land use plans outlined in the City of Arden Hills 2040 Comprehensive Plan. In making these findings, the Planning Commission shall consider the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. In granting a variance as provided in this section, the Planning Commission shall prescribe only such conditions that it deems desirable or necessary to the public interest. Chapter 13, Zoning Regulations Review 1. District Provisions (R-2 Single and Two-Family Residential District) – Section 1320.06 Lot Size and Dimensions – Variance Requested Under the proposed Minor Subdivision, the Subject Property would be comprised of two 31,000- square-foot lots. Section 1320 – District Provisions of the Zoning Code requires a minimum lot size of 11,000 square feet per single-family dwelling unit in the R-2 District. The Applicant is requesting a variance for the lot width for Tract B to allow 60 feet as measured abutting Edgewater Avenue. Parcel Total Lot Area (Square Feet) Width (Feet) Depth (Feet) R-2 District Minimum 11,000 85 120 A 30,918 169.46 103.15 B 30,687 60 207.88 Structure Setbacks – Variance Requested In the R-2 District, the minimum front, rear, and side setbacks are 40 feet, 30 feet, and 5 feet, respectively. The Applicant is requesting a variance for Lot A and Lot B to decrease the rear yard setback to 5 feet as measured from the south property line. The Applicant is requesting consideration of the west property line abutting Lake Josephine in satisfaction of this requirement for rear yard setback. Parcel Front Yard (Feet) Rear Yard (Feet) Side Yard (Feet) R-2 District Minimum 40 30 5/15 A 40 (North) 5 (South) 53.2 (West)/40 (East) B 40 (North) 5 (South) 53.2 (West/40 (East) Page 8 of 14 Landscaped Area, Structure Coverage, and Floor Area Ratio – Intends to Comply In the R-2 District, the minimum landscaped area for lots is 65%, and the maximum Floor-Area Ratio is 0.3. Additional information would be needed from the Applicant to determine whether these criteria are met. Mr. Mezzenga is processing the minor subdivision and variance request in advance of developing civil plans, house floor plans, and renderings. Staff shall evaluate these criteria at the time of building permit review. The Applicant has stated an intention to comply with all other R-2 District minimum and design standards. 2. Tree and Landscaping Preservation - Section 1325.055 The Certificate of Survey (i.e. Site Plan B) denotes existing trees on the Subject Property. The Applicant has not provided as part of this application a tree inventory of existing significant trees on the Subject Property or an analysis of the proposed tree removal on Tract A or B. As a recommended condition of approval, the Applicant shall be required to submit a Tree Preservation Plan as part of the Building Permit application and tree replacement may be required depending on the number of significant trees impacted by the proposed development. Any tree removal shall be subject to city code requirements as outlined in Section 1325.055. 3. Shoreland Regulations – Section 1330 The Minor Subdivision for the vast portion of the review is in relation to the minimum requirements of the underlying zoning district. As previously noted, the Subject Property abuts Lake Josephine which means both proposed lots in the Minor Subdivision would be subject to Shoreland Regulations as outlined in Section 1330. The Applicant has stated it is his intention to comply with all applicable shoreland regulations and is not seeking a variance from these regulations. Upon review, Planning staff has determined that the site plans for referenced setback from OHW would need to be revised to be in compliance with Section 1330. OHW Setbacks/Adjacent Lots – Intends to Comply In Section 1330.03 - General Provisions, the City requires a structure setback of 50 feet as measured from Ordinary High Water (OHW) for properties abutting a lake classified as General Development. Additionally, this provision states that any shoreland lot where the adjacent lots have existing dwellings that exceed the minimum setback from the OHW level, the shoreline setback for a new dwelling unit or an addition to an existing dwelling unit shall not be less than the average of the setbacks from the OHW level for such adjacent dwellings minus ten (10) feet subject to the following: A. In no case shall the new structure or addition be within the minimum setback from the OWH level as stated in Section 1330.03 Subd 1. B. In no case shall the new structure or addition be nearer to the OHW level than the nearest adjacent structure. C. The minimum structure setback in Section 1330.03 Subd. 1 shall be used for the adjacent lot when calculating the setback if an adjacent lot is: 1. Vacant; 2. Has a use other than single or two-family residential; or, 3. Has a dwelling unit that encroaches on the minimum structure setback. In this case, the site plans submitted identify the dwelling to the north is setback at 66.6 feet from OHW and the structure to the south is setback at 59.7 feet from OHW. The average between Page 9 of 14 those two setbacks is 63.15 feet. The Applicant has shown on both site plans a proposed setback from OHW of 53.2 feet after subtracting the 10 additional feet. Planning staff has discussed with the Applicant that in this scenario the placement of the new homes would not be entitled to minus the 10 feet due to condition B (as shown above) that no new structure can be nearer to OHW than the nearest adjacent dwelling. In this case, the property to the south is setback at 59.7 feet which is further from OHW than the proposed 53.2 feet. Since a new dwelling cannot be nearer to OHW than the nearest adjacent dwelling, the minimum setback to OHW for the proposed Minor Subdivision becomes 59.7 feet. Planning Staff has requested from the Applicant that he verify the setback from OHW for the adjacent property to the south. From Ramsey County GIS it appears that the distance shown on the site plans submitted is measured from a detached accessory structure. The calculation for adjacent lot setbacks shall be from the adjacent dwelling, not an accessory structure. The Applicant has confirmed it is not their intent to seek a variance from any of the requirements as outlined in the Shoreland Regulations. As a recommended condition of approval, the Applicant shall be required to comply with all applicable provisions of Section 1330, Shoreland Regulations and to submit an updated certificate of survey in satisfaction of these requirements prior to issuance of a building permit. By addressing this planning comment via a condition, the Applicant can continue through the Minor Subdivision review without modifying all of the survey documents at this time. Any future building permit application for the new home construction would be subject to compliance with this provision and staff would verify this provision has been satisfied as part of the permitting process. Plan Evaluation Summary The table below provides the minimum district requirements for the R-2 District and Shoreland regulations along with a preliminary analysis for the proposed development: R-2 District Standards Shoreland Overlay District Parcel A Parcel B Minimum Lot Area 11,000 square feet 14,000 square feet 30,918 square feet 30,687 square feet Minimum Lot Width 85 feet measured at public roadway 75 feet measured at OHW setback 169.46 feet – street, 192.73 feet - OHW 60 feet – street*, 155.09 feet - OHW Minimum Lot Depth 120 feet N/A 103.15 feet* 207.88 feet Minimum Front Yard Setback 40 feet 40 feet 40 feet 40 feet Minimum Rear Yard Setback 30 feet N/A 5 feet* 5 feet* Minimum Side Yard Setback 5 feet (min)/15 feet (total) 50 feet from OHW (west) & Adjacent Lots 53.2 feet/40 feet 53.2 feet/40 feet *Variance requested by Applicant. 4. Variance Review The role of the Planning Commission is to determine and consider how the facts presented to them compare with the city’s articulated standards. The Commission should base their decision on the facts presented and then apply those facts to the legal standards contained in city ordinances and relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a Page 10 of 14 variance request. While the Planning Commission may feel their decision should reflect the overall will of the residents, the task in considering a variance request is limited to evaluating how the variance application meets the statutory practical difficulties factors. Residents can often provide important facts that may help in addressing these factors, however, unsubstantiated opinions and reactions to a request do not form a legitimate basis for a variance decision. The Planning Commission may impose conditions when granting variances as long as the conditions are directly related and bear a rough proportionality to the impact created by the variance. For instance, if a variance is granted to exceed the front setback limit, any conditions attached should presumably relate to mitigating the effect of the encroachment. 5. Variance Requirements – Section 1355.04, Subd. 4 The Applicant requests a variance to decrease the minimum required lot width, lot depth, and rear yard setback of the Subject Property. The Planning Commission will need to make a determination utilizing the following variance findings and criteria on whether there are practical difficulties with complying with the zoning regulations. If the Applicant does not meet all the factors of the statutory test, then a variance should not be granted. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 1. Purpose and Intent. The variance request shall comply with the purpose and intent of the provisions of the City’s Zoning Regulations and with the policies of the City’s Comprehensive Plan. The variance request for 1174 Edgewater Avenue is for flexibility in requirements of minimum lot width, lot depth, and rear yard setbacks. The Subject Property is zoned R-2, Single and Two-Family Residential District and is guided as Low Density Residential (LDR) in the 2040 Land Use Plan. 2. Practical Difficulties. The Applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term “Practical Difficulties” as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. According to the Applicant, the proposed use for this line is consistent with land use plans outlined in the 2040 Comprehensive Plan. b. Unique Circumstances. The plight of the property owner is due to circumstances unique to the property not created by the landowner. According to the Applicant, the Subject Property includes unique circumstances due to its nontraditional shape. To construct a home on both subdivided lots that each meet setback requirements, the Applicant must seek these variances. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. Page 11 of 14 According to the Applicant, by placing the houses in line with the neighboring houses along Lake Josephine, all setbacks will be consistent and more pleasing to the eye. 3. Economic Consideration. Economic consideration alone does not constitute a practical difficulty. The proposed variance is not based on economic consideration. 4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be considered a practical difficulty. A solar energy system is not proposed. Additional Review Building Official The Building Official has reviewed the Minor Subdivision and has no additional comments at this time. A Building Permit will be required prior to construction activity taking place. Public Works Director/City Engineer The Public Works Director/City Engineer has reviewed the Minor Subdivision and has no additional comments at this time. PW permits will be required prior to any connection of utilities (i.e. sewer and water), land disturbance, or right-of-way work. These items have been included in the draft recommended conditions of approval. Minnesota Department of Natural Resources The variance request was forwarded to the Minnesota Department of Natural Resources for comment. At the time of writing this report, the City has not received their review feedback. A verbal update will be provided to the Planning Commission at the meeting. Rice Creek Watershed District The Rice Creek Watershed District has completed a preliminary review of the plans and indicated a permit will be required based on the proposed scope of project. This permit requirement has been included in the draft recommended conditions of approval. The Applicant shall be required to provide this verification to the City prior to issuance of city permits. Findings of Fact The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: General Findings: 1. The Subject Property at 1174 Edgewater Avenue is located in the R-2 – Single and Two Family Residential Zoning District. 2. The Arden Hills 2040 Comprehensive Plan designates the Subject Property as LDR – Low Density Residential. Page 12 of 14 3. The Applicant has submitted a land use application for a Minor Subdivision to subdivide the Subject Property into two (2) lots and is requesting a variance to the required R-2 Zoning District lot width, lot depth, and rear yard setback. 4. The property is properly guided and zoned for the development of single- family residential dwellings. 5. The request proposes to use the properties in a reasonable manner allowed by code as a single-family dwelling. 6. The Owner of the unplatted lot to be divided has filed with the Zoning Administrator a registered land survey of the lot to be divided. 7. The proposed Minor Subdivision would not require a front yard or side yard setback variance and as conditioned would comply with Shoreland Regulations. 8. The Applicant states the proposed single-family dwellings on the Subject Property would conform to all other requirements and standards of the R-2 Zoning District. 9. The proposed division will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located. Variance Findings: 10. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 11. The variance would be consistent with the City’s Comprehensive Plan because it meets the City’s housing goal of encouraging redevelopment that is complimentary to and enhances the character of the City’s established neighborhoods. 12. A single-family dwelling is a permitted use within the R-2 Zoning District. 13. The Applicant states the proposed single-family dwellings would not alter the essential character of the neighborhood because the configuration of future development on the Subject Property in the east and west configuration would be consistent and compatible with the neighborhood. 14. The variance request is not based on economic considerations alone. Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial. • Recommend Approval with Conditions: Motion to recommend approval of Planning Case 23-003 for a Minor Subdivision and Variance as submitted by the Applicant in Site Plan B at 1174 Edgewater Avenue, based on the findings of fact and the submitted plans, as amended by the conditions below: 1. The Applicant shall record the Minor Subdivision with Ramsey County and a copy shall be provided to the City within sixty (60) days of the City’s approval. 2. The Applicant shall record the drainage and utility easements as required under the Subdivision ordinance on the recorded survey with Ramsey County and a copy shall be provided to the City within sixty (60) days of the City’s approval. 3. The Applicant shall pay the required park development fee of $6,500 for Tract B prior to issuance of permits for either lot within the Minor Subdivision. 4. Monument stakes shall be installed to demarcate the property lines between Tract A and Tract B. 5. A Building Permit shall be required on each lot for construction of the new dwelling. Page 13 of 14 6. The proposed buildings shall conform to all other standards and regulations in the City Code. 7. A Grading and Erosion permit for each lot shall be obtained from the City’s PW/Engineering Division prior to commencing any grading, land disturbance or utility activities. 8. Upon completion of grading and utility work on the site, a grading as-built and utility as-built shall be provided to the City. 9. Final grading, drainage, and utility plans shall be subject to approval by the Public Works Director/City Engineer prior to the issuance of a grading and erosion control permit or other development permits. 10. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Applicant during construction to ensure that sediment and storm water does not leave the project site. 11. The Applicant shall be responsible for providing verification of approval and obtaining any permit necessary from the Rice Creek Watershed District prior to the start of any site activities. 12. A separate right-of-way permit for each lot shall be required for work performed within the City right-of-way. 13. The Applicant shall be responsible for obtaining a Sanitary Sewer Connect Permit. 14. The Applicant shall be responsible for obtaining a Water Connect Permit. 15. Prior to the issuance of a building permit, the Applicant shall be financially responsible for 100 percent of all applicable sewer connection, sewer availability, water connection, water availability and Metropolitan Council SAC charges. 16. A Tree Preservation Plan shall be required as part of the Building Permit application for the new dwelling on Tract A and Tract B. Any tree removal, preservation, and mitigation shall be completed in accordance with City Code Section 1325.055. 17. Future development on Tract A would be evaluated as presented in Site Plan B designating the north and east elevations as the required front yards. 18. Future development on Tract B would be evaluated as presented in Site Plan B designating the north and east elevation as the required front yards. 19. The Minor Subdivision shall be required to comply with all applicable provisions of Section 1330, Shoreland Regulations and the Applicant is to submit an updated certificate of survey in satisfaction of these requirements prior to issuance of any building permits for the new home construction on Tract A or B. • Recommend Approval as Submitted: Motion to recommend approval of Planning Case 23- 003 for a Minor Subdivision and Variance as submitted by the Applicant in Site Plan B at 1174 Edgewater Avenue, based on the findings of fact and the submitted materials. • Recommend Denial: Motion to recommend denial Planning Case 23-003 for a Minor Subdivision and Variance as submitted by the Applicant in Site Plan B at 1174 Edgewater Avenue, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. • Table: Motion to table Planning Case 23-003 for a Minor Subdivision and Variance as submitted by the Applicant in Site Plan B at 1174 Edgewater Avenue: a specific reason and information request should be included with a motion to table. Page 14 of 14 Notice A public hearing notice was prepared by the City. The notice was published in the Pioneer Press and mailed to properties within 1000 feet of the Subject Property on February 24, 2023. Minnesota Statute does not clearly require a public hearing before a variance is granted or denied, however, after consulting with the City Attorney, staff agree that the best practice is to allow public forum on all variance requests. A public forum allows the city to establish a record and elicit facts to help determine if the application meets the practical difficulties factors. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on February 17, 2023. Pursuant to Minnesota State Statute, the City must act on this request by April 16, 2023 (60 days). Attachments A. Land Use Application B. Location Map C. Applicant Narrative D. Certificate of Survey E. Site Plan A F. Site Plan B Location Map Tax Parcels _Query result Personal Property Tax Parcels Cities County Offices 3/1/2023, 12:05:29 PM 0 0.06 0.120.03 mi 0 0.1 0.20.05 km 1:3,600 Ramsey County Ramsey County MN Page 1 of 6 PC Agenda Item – 6B MEMORANDUM DATE: March 8, 2023 TO: Planning Commission Chair and Commissioners FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case #23-004 – Public Hearing Required Applicant: Alatus LLC Request: Conservation District Zoning Code Amendment Requested Action Alatus LLC, “The Applicant,” is proposing an amendment to the language of Chapter 13 – Zoning Code of the Arden Hills City Code to allow for the conditional use of solar energy systems within the Conservation District in City Code Section 1320.05 – Land Use Chart. Zoning District Background In 2013, the City adopted two zoning code amendments to establish the Parks and Open Space Zoning District and Conservation Zoning District within the city code. Prior to this, there were no zoning districts designated for “parks or open space areas” that corresponded to two of the City’s future land use designations in the 2030 (and now 2040) Comprehensive Plan. The Comprehensive Plan uses are noted below. • Park and Open Space defined as “areas designated as public parks” o 529 acres of land consisting of City own ed public parks, Ramsey County parks, and other open spaces for trails or stormwater easement ponds owned by the City, Ramsey County, the State of Minnesota, and private property owners/homeowners associations. • Park Preserve defined as “areas designated as natural or scenic areas that are to be preserved for public use or open space” o 1,449 acres all located on the Arden Hills Army Training Site By creating the Parks and Open Space Zoning District and Conservation Zoning District, the City was working towards compliance with Minnesota State law, which mandates that local zoning codes are consistent with adopted comprehensive plans. Page 2 of 6 Specific to this application, the Conservation District is guided by the Park Preserve future land use classification in the Comprehensive Plan. The CD District only applies to the Arden Hills Army Training Site (AHATS). In 2014, the City rezoned 2/3’s of the AHATS property to the Conservation District and then in 2016 the remaining acreage was rezoned. The City did not rezone the entire AHATS property originally in 2014 because Ramsey County was working with the Federal Government to purchase some of the area to be incorporated into their park system. The purpose of the Conservation District is “To provide a "holding" zone for federally owned lands on the Arden Hills Army Training Site to ensure that future development is staged, maintains a sustainable level of public expenditures for utilities and services, and protects those areas generally determined to be unsuitable for development due to the presence of wetlands, floodplains, steep slopes, certain drainage and soil conditions, and critical wildlife habitat.” The chart below lists current permitted and conditional uses in the Conservation District: Accessory Conditional Use Conditional Use (Accessory) • Utility Distribution Lines • Utility Transmission Lines • Telecommunication antennas, dishes, or towers • Research and Development Facility Page 3 of 6 AHATS Background The AHATS property is owned by the Federal Government and used primarily by the Minnesota National Guard as the Arden Hills Army Training Site. Within the site, there is approximately 62 +/- acres that is commonly referred to as the “Primer Tracer Area”. This portion of the property was previously used as a manufacturing facility for the production of component primers and tracing compounds associated with small caliber ammunition production. Back in 2015, Ramsey County in partnership with Xcel Energy had considered purchasing the Primer Tracer area from the Federal Government. The preliminary concept was for 20+ acres to be developed for an Emergency Management Center and 40+ acres would be a solar array supporting energy initiatives of the Rice Creek Commons site. Due to logistical and economic factors, Xcel Energy informed all parties that they would no longer be considering the Primer Tracer site as a future solar project location. At the time, the City did have draft language to allow for a solar array on the Primer Tracer site, but did not move the language forward for approval as the project with Xcel did not move forward. Beyond that, the City has not studied or completed an analysis of potential future uses for this site. Today, the Federal Government has once again expressed an intent to sell the Primer Tracer Property “as is” through GSA Auctions. A Future Buyer would be responsible for handling all of the processes associated with the future development of the site (i.e. land use approval, demolition and cleanup, permitting, etc.). General Services Administration (GSA) is a Federal Agency that manages real estate, acquisition, technology, and other mission-support services across the government. GSA Auctions facilitates the disposal of property owned by the Federal Government. Last summer, GSA Auctions made the City aware that an auction would be upcoming. Since that time, the auction has been postponed several times for unknown reasons. Currently, the GSA website says the auction will open on April 24, 2023. Unrelated to this land use application, the City Council was presented a concept plan in January from a potential bidder that was conducting their due diligence prior to the auction. This review was for a high-level concept discussion to present an overview of future industrial development scenarios and gauge the City’s perspective of potential future vision(s) for this site. The City Council provided general feedback on the site layout options presented. Representatives for the concept review were encouraged to research the feasibility of incorporating solar facilities on the roofs of the industrial buildings and/or a standalone solar array. Zoning Code Text Amendments The purpose of the Conservation District is to provide a holding zone for federally owned lands on the AHATS property to ensure that future development is staged, maintains a sustainable level of public expenditures for utilities and services, and protects those areas generally determined to be unsuitable for development. According to the Applicant, a solar energy facility would be consistent with the purpose of the Conservation District in that it will generate and provide electricity to existing and future development in the area. Currently the city code is absent of land use language permitting ground mounted solar array systems in any of the zoning districts. To allow this land use, the City’s Zoning Code would need to be amended to add a definition for a Solar Energy System and to designate this type of land use as a conditional use in the Conservation Page 4 of 6 District. The Applicant is seeking only the Zoning Code Amendments to create language providing for the allowance of said land use for this application. If approved, an Applicant of any future proposed solar array within the Conservation District would be required to submit a land use application for review by the Planning Commission and City Council. Staff has prepared text amendments based on the Applicant’s narrative as well as a few other text amendment considerations for “Solar Energy System” language within Sections 1305.04 Definitions, 1320.04 Purpose of Districts, 1320.05 Land Use Chart and 1320.15 Special Requirements for the CD. Applicant’s Narrative: 1) Add a definition for Solar Energy System - Section 1305.04 Definitions a. Solar Energy System: A system or set of devices whose primary purpose is to collect, convert, store and distribute solar energy, including for heating and cooling of buildings, electricity generation, water heating and other energy-using processes. 2) The Land Use Chart within Section 1320.05 would be amended to include solar energy system: a. Add a land use category for Solar Energy System as a Conditional Use (CUP) under the CD. Additional Code Amendments to consider: 3) Revise the purpose statement for the Conservation District in Section 1320.04, Subd. 17 a. Add a new paragraph B stating that the District provides for areas for the development of solar energy systems. 4) Amend Section 1320.15 Special Requirements for the CD a. Create a new Subdivision 3 that outlines special CUP requirements for Solar Energy Syst ems. This provision should address future review standards for solar energy. Proposed language: A Solar Energy System shall be evaluated as part of the Conditional Use Permit review for development consistent with the District Requirements as outlined in Section 1320.03 and the City Council through the CUP may allow flexibility to design standards including but not limited to setbacks, lot coverage, height, access, size, screening, and fencing based upon site suitability and abutting properties and area. Findings of Fact The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: General Findings: Page 5 of 6 1. Alatus, LLC, The Applicant, is proposing amendments to the language of Chapter 13 – Zoning Code of the City Code. 2. Currently, Section 1305.04 does not include a definition for Solar Energy System. 3. The Applicant is proposing the City amend the zoning code to add a definition for Solar Energy System to Section 1305.04 of the Zoning Code. 4. Under the City’s Zoning Code Section 1320.05, a Solar Energy System is considered a prohibited land use in the Conservation District. 5. The Applicant is proposing an amendment to alter the Land Use Chart in Section 1320.05 of the Zoning Code to allow a Solar Energy System as a Conditional Use in the Conservation District. 6. The City is proposing to add Solar Energy System design standards to Section 1320.15 – Special Requirements for the Conservation District. 7. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 8. If the zoning amendments were approved, an Applicant would be required to submit a Conditional Use Permit land use application for the permitting of a Solar Energy System within the Conservation District. Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial. • Recommend Approval: Motion to recommend approval of Planning Case 23-004 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as a Conditional Use in the Conservation District, based on the findings of fact and the submitted materials. • Recommend Approval with Amendments: Motion to recommend approval of Planning Case 23-004 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as a Conditional Use in the Conservation District with amendments: a specific reason should be included with all amendments. • Recommend Denial: Motion to recommend denial Planning Case 23-004 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as a Conditional Use in the Conservation District, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. • Table: Motion to table Planning Case 23-004 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as a Conditional Use in the Conservation District: a specific reason and information request should be included with a motion to table. Page 6 of 6 Notice A Zoning Code Amendment requires a public hearing. Notice was published in the Pioneer Press on February 24, 2023. The City has not received any public comments regarding this case. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on February 14, 2023. Pursuant to Minnesota State Statute, the City must act on this request by April 14, 2023 (60 days). Attachments A) Land Use Application B) Written Narrative C) Zoning Map D) Draft Amendment Definitions E) Draft Amendment Purpose of Districts F) Draft Amendment Land Use Chart G) Draft Amendment Special Requirements CD District Page 1 of 3 1245 West Highway 96 Arden Hills, Minnesota 55112 Telephone (651) 792-7800 Fax (651) 634-5137 www.cityofardenhills.org For Office Use Only Planning Case No. 23- Submittal Date Application Completed Date Accepted by Receipt Number Council Decision Council Decision Date 2023 LAND USE APPLICATION Applicant Information Applicant: Alatus LLC Address: 80 South Eighth Street, Suite 4155, Minneapolis, MN 55402 Telephone No.: (612) 455-0708 Other: Fax No.: Email Address: rclux@alatusllc.com Property Information Property Owner: Owner Address: Owner Telephone No. Other: Address of Property Involved: Legal Description: Property ID No.: Type of Use: Zone: Property Acreage: Type of Request  Comprehensive Plan Amendment (Fee: $550 + Escrow: $2,500)  Conditional Use or Interim Use Permit/CUP or IUP Amendment (Fee: $400 + Escrow: $1,500)  Preliminary Plat (Fee: $500 + Escrow: $2,500)  Final Plat (Fee: $450 + Escrow: $1,000)  Concept Plan Review (Fee: $300 + Escrow: $750)  Master Planned Unit Development or Master Special Development Plan (Fee: $600 + Escrow: $2,500)  Final Planned Unit Development or Final Special Development Plan (Fee: $350 + Escrow: $2,000)  Planned Unit Development Amendment or Special Development Plan Amendment (Fee: $400 + Escrow: $1,500)  Site Plan Review (Fee: $450 + Escrow: $1,500)  Rezoning or TCAAP Regulating Plan Amendment (Fee: $500 + Escrow: $1,500)  Zoning Code or TCAAP Redevelopment Code Amendment (Fee: $400 + Escrow: $1,500)  City Code Amendment (Fee: $350 + Escrow: $1,500)  Lot Split/Minor Subdivision (R-1 and R-2 Districts Only) (Fee: $350 + Escrow: $1,500)  Variance or Permitted Adjustment (Fee: $350 + Escrow: $1,000)  Vacation of Easement or Right-of-Way (Fee: $150 + Escrow: $1,000)  Appeal of Administrative Decision (Fee: $150 + Escrow: $1,000)  Land Use Requests – Not Already Specified (Fee: $150 + Escrow: $1,000 X Page 2 of 3 Brief Description of Request (please also include a typed, detailed letter explaining the project): Filing & Information Requirements The City requests that you make a pre-application meeting with the Community Development Director to discuss the application process, requirements, and deadlines. Unless waived by the Community Development Director or Planning Commission, a certified survey of the property is required for all applications. A checklist with additional application requirements can be found at www.cityofardenhills.org/landuseapplications. Complete/Incomplete Applications Under Minnesota Statute, Chapter 15.99, cities have 15 business days to review all plans and application materials to ensure they satisfy City requirements. During the 15 day review period, planning staff will provide written comments on the application and may request plan revisions. If the application is determined to be complete, Minnesota State Statute then requires the City to approve or deny the application within 60 days, up to 120 days. If not complete, the City may require plan revisions and/or additional information before the application is scheduled for Planning Commission review and/or C ity Council action. Project will not be scheduled for any meeting until the application submittal is found to be complete by the Community Development Director. Payment of Fees and Escrows The undersigned acknowledges that she/he understands that before a land use application can be deemed complete, all required fees and escrows must be paid to the City. The applicant is responsible for all costs incurred by the City related to the processing of this application. Each separate land use request shall be charged a separate administrative fee and escrow even if submitted on the same application. Costs expended in reviewing and processing an application will be charged against the cash escrow and credited to the City. Charges to the escrow may include planning and engineering staff time, City Attorney and consulting fees, and mailing costs. If, at any time, a required cash escrow is depleted to less than 20 percent of its original amount, the applicant shall deposit additional funds in the cash escrow account as determined by the City. The City may withhold final action on a land use application, withhold building permits, and/or rescind prior action until all fees have been paid. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. The escrow may be reduced or increased by the Community Development Director on a project by project basis. Notice of Meeting Attendance In order for the Planning Commission and the City Council to consider any application, the applicant or a designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the next available agenda. *IMPORTANT*  Certain applications are subject to review and approval by the Rice Creek Watershed District. Contact RCWD directly at 763-398-3070 for additional information.  The land use application fees do not cover building, sign, or other permit fees that may be required upon approval of a land use application.  All applications will be subject to additional fees for reimbursement of consultant costs associated with filing, reviewing, and processing of application in the form of an escrow to the City. Applicant requests a text amendment to the Zoning Code to allow for conditional use of solar energy systems within the Conservation District. Please see the explanatory letter attached. Page 3 of 3 Meeting Schedule Planning Commission meetings are typically held on the first Wednesday after the first Monday of each month at 6:30 PM, though please contact City Hall to verify the meeting date and time. City Council meetings are held typically the last Monday of the same month at 7:00 PM. Meetings are held in the Council Chambers at the City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112, unless otherwise stated. The schedules below are for reference purposes only. Project will not be scheduled for any meeting until the application submittal is found to be complete by the Community Development Director. 2023 Planning Commission and City Council Schedule (*subject to change) TENTATIVE PLANNING COMMISSION MEETING DATE* (Generally held on the first Wednesday after the first Monday at 6:30 p.m.) TENTATIVE CITY COUNCIL MEETING DATE* (Generally held on the fourth Monday at 7:00 p.m.) DEADLINE FOR LAND USE APPLICATION SUBMISSION (1st day of the preceding month) January 4 January 23 December 1 (2022) February 8 February 27 January 2 March 8 March 27 February 1 April 5 April 24 March 1 May 3 May 22 April 3 June 7 June 26 May 1 July 5 July 24 June 1 August 9 August 28 July 3 September 6 September 25 August 1 October 4 October 23 September 1 November 8 November 27 October 2 December 6 January 8 (2024) November 1 Acknowledgement and Signature I hereby apply for the above consideration and declare that the information and materials submitted with this application are complete and accurate per city code and ordinance requirements . I fully understand that I am responsible for all costs incurred by the City related to the processing of this application. __________________________________________________ ________________ Property Owner Signature (Required) Date ________________________________________________ ________________ Applicant Signature (If different than t he property owner) Date Please contact the Community Development Director at 651-792-7800 if you have any questions regarding this application. Additional copies of this application form are available on the City’s website: www.cityofardenhills.org/landuseapplications Supplement to 2023 Land Use Application by Alatus LLC February 16, 2023 City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 Re: Proposed Zoning Code text amendment to allow use of solar energy systems Dear Staff: Please accept this letter as a supplement to our Land Use Application for a text amendment. This request is for a text amendment to Chapter 13 of the Arden Hills Code of Ordinances (“Code”) to allow for the installation and operation of solar energy systems as a conditional use within the Conservation District. The purpose of the Conservation District is to provide a “holding zone” for federally owned lands on the Arden Hills Army Training Site to ensure that future development is staged, maintains a sustainable level of public expenditures for utilities and services, and protects those areas generally determined to be unsuitable for development. A portion of these federally owned lands, the Primer Tracer site, is currently up for auction and is being considered by prospective purchasers for future development. We are contemplating the Primer Tracer site as a potential location for a solar energy facility. Such a facility would be consistent with the purpose of the Conservation District in that it will generate and provide electricity to existing and future development in the area. As the federal land becomes privately owned and further developed, the City’s need to provide the public with utilities would be greatly benefited by clean energy generation from a solar energy facility. For these reasons, we desire to amend the Code to permit this use with the appropriate City approval. Specifically, we request the following text amendment: 1. Code Section 1305.04 is amended to add the following definition: Solar energy system. A system or set of devices whose primary purpose is to collect, convert, store and distribute solar energy, including for heating and cooling of buildings, electricity generation, water heating and other energy-using processes. 2. Code Section 1320.05 is amended to add a new provision to the Land Use Chart so as to add Solar Energy System as a conditional use in the Conservation District (CD). Thank you for your time and consideration of this request. Please let me know if you have any questions regarding this application or the above proposed language. Sincerely, Alatus LLC 25701092v3 STOWE AVE LA K E V A L E N T I N E R D RED FOX RD GREY FOX RD INGERSON RDROUND LAKE RD WA M B L E D R SIEMS CTSNELLING AVE NCOLLEEN AVE GLEN PAUL AVE TILLER LN HAMLINEVENUS AVE THOM DR ARDEN VIEW DR GLENARDEN RDCHATHAM AVE AMBLE RD NOBLE RD GRAMSIE RD ARDEN PL GRANT RD OAK AVE EDGEWATER AVE JERROLD AVE DUNLAP ST NHARRIET AVE FLORAL DR W GLENVIEW AVE KARTH LAKE DR GATEWA Y B L V D WYNCREST CARLTON DRFOREST LNPRIOR AVE NCUMMINGS PARK DR ROYAL LN KATIE LN PINE TREE DRFAIRVIEW AVE NRIDGEWOOD RDCRYSTAL AVE PLEASANT DRARDEN OAKSDR V A L E N T IN E A V E BENTON WAYINDIAN OAKS TRL SKILESLNBR IA R BECKMAN AVE LAMETTI LN MCCRAC K E N L N KEITHSON DRASBURY AVE NNURSERY HILL LN BUSSARD CT DAWN CIR W JAMES AVEJANET CT CANNONGLENHILL RDNORMA AVEARDENVIEWCTROY KATIE CT G L ENARDENCTRIDGEWOOD CTKARTH LAKE C IR GALE CIRMCCLUNG DR WY N C R E S T L N SA N D E E N R D PARKSHORE DR EIDE CIR NORTH-WOODS DRNURSERY HILL CT CU M M I N G S L N V A L E N T I N E C T INGERSO N C T COLLEEN CT GL E N V I E W CT HUNT E R S CT SHORELINELNPASCAL AVE NLAKE LN NCONNELLY AVE THOM CT AMBLE CIRCHATHAM CTCOLLEEN CIRROLLING HILLS RDARDEN OAKS CTNORMA CIRI N D I A N P L EDGEWATER AVENORMAAVE TILLER LNSNELLING AVE NDUNLAP ST NARDENPLSKILES LNFAIRVIEW AVE NHAMLINE AVE NGLENHILL RD WYN R I D G E PLEASANT CIR ARDEN INDIAN OAKS CT JAMES CIRDELLVIEW AVEDELLVIEW AVEDELLWOOD STGATEWAY CT VALENTINE CREST RD BRUEBERR Y LN BRIARKNOLL CIR DELLWOOD AVELAMETTI CIRWALDEN PLWEDGEWOODCIRPRIOR AVEINDIAN OAKS CIR CH A T H A M CIR L A K E JO H ANNABLVDLAKE JOHANNA BLVDRIDGEEDGEWATER AVEFAIRVIEW AVE NFERNWOOD STSNELLING AVE NSHORELINELNKATIE LN COUNTY ROAD D W SHOREWOODDR LAKE LN COUNTY ROAD E W LAKEJOHAN N A BLVD GLEN PAUL AVECLEVELAND AVE NN EW B R IG H TO N R DNEW BRIGHTON RDHUDSON RDTHOM DRCLEVELAND AVE NBRIGHTON WAYNEW BRIGHTON RDINTERSTATE 35WCOUNTY ROAD E2 W COUNTY ROAD E 2 WLAKEVIEWCT C H A TH A M A V E SIEMS CTARDEN PL GLE N ARDENRDOLD SNELL ING ARDEN OAKS DRSNELLING AVE NOLD HIGHWAY 10OLD SNELLINGVENUS AVEINTERSTATE 35WLAKE VALENTI N E R DINTERSTATE 35WROUNDLAKERDWOL D H I G H W A Y 1 0 LAKE S H O R E P L INTERSTATE 694 INTERSTAT E 6 9 4 HI G H W A Y 1 0 COUNTY ROAD 96 W COUNTY ROAD 96 W COUNTY ROAD I W COUNTY ROAD I W LEXINGTON AVE NLEXINGTON AVE NKNOL L D R VISTA CTDAWN CIR E COLLEEN A V E ARDENVI EW DR COUNTY ROAD F W INNOVATION WAY (Private)FERNWOOD STPLEASANT DR AM B L E D R COUNTY ROAD 96 W LEXINGTON AVE NLEXINGTON AVE NDRCT BOSTON SCIENTIFIC DR (Private) COUNTY ROAD E W LEXINGTON AVE NBENTON WAYAVE INGERSON RD AVE NWOOD RDCOUNTY ROAD E HAMLINE AVE NHAMLINE AVE NPrivateKATIE LNKEITHSON DR AL HILLS DRLake Johanna Round Lake Valentine Lake Lake Josephine Karth Lake Sunfish Lake Little Lake Johanna Rice Creek The zoning district designations represented on this map correspond to the City of Arden Hills official Zoning Map. Questions concerning the Zoning Map should be directed to City Hall. Zoning designations are subject to change. Please refer to the Zoning Code for complete information. Adopted: April 12, 1993Printed: December 15, 2022 Zoning Map ¯0 10.5 Miles TRC C - Civic TRC CC - Campus Commercial TRC FO - Flex Office TRC RMU - Retail Mixed Use TRC NR-1 - Residential TRC NR-2 - Residential TRC NR-3 - Residential TRC NR-4 - Residential TRC OMU - Office Mixed Use TRC OS - Open Space TRC TC-1 - Town Center TRC TC-2 - Town Center TRC TC-3 - Town Center TRC - Water Infrastructure R-1 - Single Family Residential District R-2 - Single & Two Family Residential District R-3 - Townhouse & Low Density Multiple Dwelling District R-4 - Multiple Dwelling District B-1 - Limited Business District B-2 - General Business District B-3 - Service Business District B-4 - Retail Business District NB - Neighborhood Business District CC - Civil Center District GB - Gateway Business INST - Institutional District I-1 - Limited Industrial District I-2 - General Industrial District I-FLEX District POS - Parks and Open Space District CD - Conservation District Railroad Water 1305.04 Definitions. (revised 07/27/20) ∙ Acre. A quantity of land containing forty-three thousand, five hundred and sixty (43,560) square feet or one hundred sixty (160) square rods in whatever shape and pattern (e.g. circular, square, triangular, irregular, broad or narrow). ∙ Acre, net (as applied to PUD density calculations). One (1) acre of land, minus the two- thirds (2/3) of that portion of the acre encompassed by wetlands, one-half (1/2) of that portion of the acre encompassing wholly or partially hills, mounds, or slopes that drop at a rate of twelve percent (12%) or more per every fifteen (15) feet or more of distance; and the entire area of public streets. ∙ Administrative officer. The zoning administrator, building inspector, their deputies or assistants, and any other officials of the city charged with or engaged in the administration of this Code or any portion thereof. ∙ Administrator. The zoning administrator. ∙ Agricultural uses. Uses customarily associated with the growing of farm produce and the raising of farm animals for general use; but not including raising and feeding (feed lots) of livestock, fur farms and kennels. ∙ Alteration. As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or by moving from one location to another. ∙ Alley. A minor public or private way which is used primarily for vehicular service access to the back or side of a lot abutting on a street. ∙ Animals, domestic. Common household pets, such as dogs and cats, other animals kept for amusement, companionship, decoration, or interest. ∙ Animals, farm. Animals traditionally kept or raised on a farm for the purpose of providing food or products for sale or use, such as cattle, horses, goats, sheep, swine, fowl, bees, and animals raised for fur. ∙ Animals, wild. Animals such as wolves, tigers and poisonous snakes that are not normally a domestic animal or farm animal and would ordinarily be confined in a zoo or found in the wild. ∙ Antenna. Equipment, used for transmitting and/or receiving telecommunication, television or radio signals, which is located on the exterior, or outside, of any building or structure. ∙ Antenna, dish. A parabolic-shaped antenna (including all supporting apparatus) which is used for transmitting or receiving telecommunication, television or radio signals, which is located on the exterior, or outside, of any building or structure. ∙ Class I: Dish Antenna under thirty (30) inches or more in diameter; six (6) feet in surface area; or six (6) feet in height. ∙ Class II: Dish Antenna thirty (30) inches or more in diameter; six (6) square feet or more in surface area; or six (6) feet or more in height. ∙ Apartment. A room or suite of rooms located in a one- or two-family building or multiple dwelling, which shall include a bath and kitchen accommodation, intended or designed for use as an independent residence by a single household. ∙ Appeal. An application for the review of an order, requirement, decision, determination or interpretation of this Code made by an administrative officer in the application and/or enforcement of this Code. ∙ Basement. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. (revised 05/05/10) ∙ Bluff. A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff): (added 02/22/10) ∙ Part or all of the feature is located in a shoreland area; ∙ The slope rises at least 25 feet above the ordinary high water level of the water body; ∙ The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and ∙ The slope must drain toward the waterbody. ∙ Bluff impact zone. A bluff and land located within 20 feet from the top of a bluff. (added 02/22/10) ∙ Board. The board of appeals and adjustment established by this Code. ∙ Boarding house. A structure where sleeping rooms are provided, with a common entrance, internal access to all rooms, one (1) or more bathrooms, and one (1) or more kitchens to provide lodging for at least three (3) but not exceeding five (5) persons. A boarding house is distinguished from a transient accommodation such as a hotel or motel as defined in this chapter. (added 7/14/10) ∙ Boulevard. That portion of a street lying between the lateral line of the roadway portion thereof (i.e., the back of the curb or curb line) and the right-of-way line thereof which may contain within its boundaries a sidewalk or portion of driveway. ∙ Brewpub. A restaurant that also has a facility that manufactures and distributes intoxicating malt liquor or wine in total quantity not to exceed 250,000 barrels a year on the premises. (added 10/29/12) ∙ Building. A structure which is designed and suitable for the habitation or shelter of human beings or animals, or a shelter or storage of property, or is used for trade or manufacturing. ∙ Building line. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. (revised 02/22/10) ∙ Building, accessory structure or use. A subordinate building structure or use which is located on the same lot on which the principal building or use is situated and which is reasonable necessary, appropriate and incidental to the conduct of the primary use of such principal building or principal use. ∙ Building envelope. (See Lot, Buildable portion of.) ∙ Building height. The vertical distance from the average elevation of the grade along a face of a building to the highest point of the roof surface of flat roofs, the deck line of mansard roofs, or the average height between the eaves and the highest ridge of gable, hip, or gambrel roofs. The height of a stepped or terraced building shall be the height of the tallest segment of the building. ∙ Building inspector. The inspector as provided for in the building code. ∙ Building, principal. A building in which the principal use, of the lot on which it is located, is conducted. ∙ Bulk. The term used to indicate the size and setbacks of buildings or structures and location of same with respect to one another and includes the following items: ∙ Size and height of buildings or structures. ∙ Location of exterior walls at all levels in relation to lot lines, street or to other buildings or structures. ∙ Gross floor area of buildings or structures in relation to lot lines, street or to other buildings or structures. ∙ All open spaces allocated to buildings or structures. ∙ Amount of lot area per dwelling unit. ∙ Bulk materials. Uncontained solid matter such as powder, grain, stone, sand, sulfur, etc., that has a tendency to become airborne. ∙ Business. Any occupation, employment or enterprise wherein merchandise is exhibited and sold, or which occupies time, attention, labor and materials, or whereby services are offered for compensation. ∙ Business services. Services performed primarily for other businesses, including such services as secretarial, clerical, employment agencies, business machine service, printing, etc. ∙ Caliper inches. The diameter of a tree measured at 4.5 feet above the ground. (added 4/28/08) ∙ Call Center. An office for providing incoming and outgoing telephone and computer services, customer service, technical service, or telemarketing activities through electronic communications. (added 7/27/20) ∙ Cemetery/Memorial garden. Land used or dedicated to the burial of the dead, including crematoriums, mausoleums, funeral chapels and necessary sales and maintenance facilities. (added 7/14/10) ∙ Clear vision area. The clear vision area shall be an area within a triangle that is measured along the edge of the driving surface of the road at the intersection of two roads (public or private) and extending thirty (30) feet in each direction from the intersection with a line connecting the two end points. (revised 3/18/09) ∙ Clear-cutting. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. (revised 02/22/10) ∙ Clinic. A building for out-patient medical treatment of humans or small animals. ∙ Clubs and lodges. Buildings and facilities owned and operated by a corporation or association of persons for social, recreational, charitable, educational or cultural purposes, but not operated primarily for profit or for purposes which are customarily associated with a business. ∙ Clubs, sports and fitness. A place of assembly where membership may be required and is directed toward the general public with the commercial promotion of sports and physical fitness. ∙ Commission. The Planning Commission, as established by the Code of Ordinances, City of Arden Hills, Chapter 2. ∙ Commercial recreation, indoor. A commercial recreational use conducted within an enclosed building, including arcade, arena, art gallery, assembly hall, athletic and health clubs, auditorium, bowling alley, club or lounge, community center, pool or billiard hall, or a variety of organized or franchised sports, including but not limited to basketball, ice hockey, wrestling, soccer, tennis and volleyball. This definition does not include public uses on public property. (added 7/14/10) ∙ Comprehensive plan. A compilation of policy statements, goals, standard and maps for guiding the physical, social and economic development, both private and public, of the city and its environs and may include, but is not limited to, the following items: Statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan and recommendations for plan execution. ∙ Conditional use. A use which, because of unique characteristics, cannot be classified as a permitted use in a district, and which, after due consideration by the Planning Commission and Council, pursuant to the applicable procedures contained in this Code and the Arden Hills City Code of Ordinances, may nevertheless be permitted with restrictions on a site by conditional use permit granted by the Council. ∙ Conditional use permit (C.U.P.). A permit required for certain land uses classified as Conditional Accessory Uses or Conditional Principal Uses. ∙ Consumer small loan establishment. Any establishment that offers consumer small loans, commonly referred to as "payday loans," as defined in Minnesota State Statute 47.60 as amended from time to time. (added 12/3/08) ∙ Council. The City Council, as established by the Code of Ordinances. ∙ Crematorium. A facility containing properly installed, certified apparatus intended for use in the act of cremation. (added 7/14/10) ∙ Critical root zone. The minimum area around a tree that should remain undisturbed. To calculate the critical root zone, measure the tree's caliper inches. For each caliper inch of tree, 1.5 feet of root radius must be protected. For example, if a tree's is 10 caliper inches, then its critical root radius is 15 feet (10 x 1.5 = 15). The critical root zone is 30 feet. (added 4/28/08) ∙ Day care facility. Any licensed facility, public or private, which for gain or otherwise, regularly provides one or more persons with care, protection, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than twenty-four (24) hours per day, in a place other than the person's own home, including but not limited to day care centers, day nurseries, daytime activity centers, day treatment programs, and day services. (revised 7/14/10) ∙ Day care, family. Day care for no more than ten children at one time of which no more than six are under school age. The licensed capacity must include all children of any caregiver when the children are present in the residence. (added 7/14/10) ∙ Day care, group family. Day care for no more than 14 children at any one time. The total number of children includes all children of any caregiver when the children are present in the residence. (added 7/14/10) ∙ Density. The number of dwelling units permitted by this Code on one (1) acre. ∙ Density net. The number of dwelling units permitted by the Code on one (1) net acre of land. ∙ Density transfer. The relocation of housing units or square footage of building area computed on part of a building site to another part of the site resulting in an increase in density to the transfer area for the purpose of preserving open space, forested areas, environmental or terrain features deemed worthy of preservation by the Planning Commission. ∙ Density zoning. Density zoning shall be interpreted as the provision of lot areas smaller than the minimum requirement of this Code under conditions whereby the total number of dwelling units is not greater than the amount permitted under normal conditions. ∙ Dog kennel, Commercial. A structure specifically designed and commercially used for the harboring of three (3) or more dogs that are more than three (3) months old. ∙ Dog kennel, Residential. A structure specifically designed and residentially used for harboring of up to three (3) dogs that are more than three (3) months old. ∙ Dog run. A structure specifically designed for domestic use for the harboring and exercise of not more than two (2) dogs. ∙ Drive-up Window. A window or other opening at a business establishment that allows customers to purchase and/or receive a service or product without having to enter the building. (added 12/03/08) ∙ Dwelling. A building or portion thereof, designed or used exclusively for residential occupancy, including single-family, two-family and multiple family uses, but not including hotels, motels, nursing homes, boarding or rooming houses, tents, seasonal cabins, or motor homes or travel trailers. ∙ Dwelling, live-work unit. A dwelling unit in combination with a shop, office, studio, or other work space within the same unit, where the resident occupant both lives and works. A live-work unit is not synonymous with a home occupation because it is designed as a mixed-use facility, whereas the home occupation is secondary and accessory to the residential use. (added 7/14/10) ∙ Dwelling, multiple family. A dwelling containing three (3) or more attached dwelling units. ∙ Dwelling, single-family. A dwelling that consists of one (1) dwelling unit. ∙ Dwelling, two-family. A dwelling that consists of two (2) dwelling units. ∙ Dwelling unit. A residential building or portion thereof intended for occupancy by one (1) family with facilities for living, sleeping, cooking and eating but not including hotels, motels, nursing homes, tents, seasonal cabins, boarding or rooming houses, motor homes or travel trailers. ∙ Dwelling unit, single-family attached. A dwelling unit which is located on its own individual lot but joined along a single lot line to one (1) or more other dwelling units with a party wall and having a separate point of entry. ∙ Dwelling unit, single family detached. A dwelling which is not joined to any other dwelling unit, and is located on a separate lot with the structure surrounded by open space and having a separate point of entry. ∙ Easement. A right or privilege in favor of a person or a government authority to use a parcel of land or portion thereof for specific purpose. ∙ Enclosed Parking. A structure used for the storage of a vehicle which must be covered and completely enclosed by walls or doors on four sides. (added 10/4/12) ∙ Equal Degree of Encroachment. A method of determining the location of floodway boundaries so the flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. ∙ Exterior storage. The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building. ∙ Family. An individual or two (2) or more persons, each related to the other by blood, marriage, adoption or foster care, or a group of not more than four (4) persons, some or all of whom are not related by blood, marriage or adoption, living together and maintaining a common household. (These regulations shall not be applied so as to prevent the City from making reasonable accommodation as required by the Federal Fair Housing Amendments Act of 1988). ∙ Financial institution. An establishment that provides financial and banking services to consumers or clients. Typical uses include banks, savings and loan associations, credit unions, investment companies, and automated teller machines (ATMs). Financial institution shall not include a consumer small loan operation. (added 7/14/10) ∙ Flood. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. ∙ Flood frequency. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. ∙ Flood fringe. That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City. ∙ Flood plain. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or may be covered by the regional flood. ∙ Flood-proofing. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. ∙ Floodway. A wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. · Floor area. Means the sum of the horizontal area of all floors of a building measured from the exterior faces of the exterior walls, or from the centerline of walls separating two buildings, Excluding: decks, garages, covered porches conforming with Section 1325.03 Subd 2.D; attics, crawl spaces and basements that do not meet the minimum ceiling height per Minnesota State Building Code requirements. ∙ Floor area ratio (F.A.R.). The ratio obtained by dividing the sum of a building's floor area by the amount of lot area. ∙ Frontage. The uninterrupted front boundary line of a lot, or the length of such line, which abuts on a street. ∙ Garage, private. An accessory building or portion of the principle building which is intended and used for the storage of the private passenger vehicles of the family or families who reside upon the lot upon which the garage is located. ∙ Garage, repair. A building or space for the repair or maintenance of motor vehicles, including body work, painting and vehicle wash, and incidental display and sales of automotive products but not including factory assembly of such vehicles, auto wrecking, or junkyards. ∙ Garage, truck. A building that is used or intended to be used for the storage of motor trucks, truck trailers, tractors and commercial vehicles exceeding one-ton rated capacity. ∙ Grading and Excavating. The act of excavation or filling or combination thereof to alter the contour of land for development purposes. (added 7/14/10) ∙ Higher education, campus. The facilities for technical colleges, junior colleges, colleges and universities approved by the Minnesota Higher Education Coordinating Board for the Minnesota Department of Education. These facilities can include, but are not limited to, classrooms; laboratories; seminaries; dining and residence halls; athletic, wellness, and spiritual facilities; administrative offices; performance art centers; parking and transit structures; and child care facilities. (added 9/25/2017) ∙ Home occupation. The accessory or conditional accessory use of a residential structure for any gainful occupation or profession. ∙ Hospital. An institution licensed by the state department of health, providing primary health services and medical or surgical care, to sick or injured persons, primarily inpatients. May include related facilities such as laboratories, outpatient facilities, or training facilities. (added 7/14/10) ∙ Hotel/motel. Any building, or group of buildings, having five (5) or more guest rooms intended or designed to be rented or hired out to be occupied, or which are occupied for sleeping purposes by transient guests. (revised 7/14/10) ∙ House of worship. A place of worship or religious assembly and its accessory facilities used by the congregation such as the following: rectory, meeting hall, offices for administration of the institution, licensed child or adult daycare, playground, or cemetery. A house of worship does not include buildings or uses used exclusively for residential, schools, recreational, commercial, or other uses not normally associated with worship. (revised 7/14/10) ∙ Household. The person or persons occupying a single dwelling unit. A household may consist of a single family, one (1) person living alone, two (2) or more families living together or any group of related or un-related persons who share living arrangements. ∙ Industry. Uses such as the manufacturing, compounding, processing, packaging, treatment, assembling or warehousing of products and materials. ∙ Junkyard. An open area where waste, used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to, scrap iron and other metals, paper, rags, rubber, tires and bottles. A junkyard includes a vehicle wrecking yard but does not include uses established entirely within enclosed buildings. ∙ Landscape lot area. That portion of a lot required to remain as open space, free of buildings, parking and drives. Landscape lot areas may consist of: ∙ Naturally vegetated areas, ∙ Wetlands or ponding areas, ∙ Planting beds, ground cover and mulch areas (vegetative, rock, bark chip, etc.), ∙ Decorative walkways and areas not to exceed fifteen percent (15%) of the required landscape lot area, and ∙ Outdoor recreation areas. ∙ Landscaping. Plantings such as trees, grass, shrubs. ∙ Loading area. Any area where trucks are maneuvered and parked, for the purposes of loading or unloading products, materials or equipment. ∙ Lot. A parcel of land described by metes and bounds measurement, reference to a registered land survey, plat, record of survey map, or other means, and separated from other parcels or portions by said description, and which is occupied by, or is suitable under this Code and other applicable ordinances for occupancy by one (1) principal building, or used together with any accessory buildings or uses and such open spaces as are required by this Code. ∙ Lot area. The total site area within the lot lines. ∙ Lot area, net buildable. The space remaining on a lot after the minimum landscape area, open space and setback requirements of this Code have been met. ∙ Lot area per family. The lot area per family is the lot area required by this Code to be provided for each family in a dwelling. ∙ Lot, buildable portion of. (Building Envelope) The area of a lot on which a principal structure may be placed. The portion of a lot remaining after the minimum building setbacks have been met. (Lot area, net buildable, is more limiting as other deductions are included). ∙ Lot, corner. 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. A lot abutting upon a curve street shall be deemed a corner lot if the tangents to the curve at its point of beginning within the lot or at the points of intersection of the side lot lines with the street line intersect at the interior angle of less than one hundred thirty- five (135) degrees. A corner lot shall maintain front yard requirements for each street frontage. ∙ Lot coverage. The total allowable amount of lot area, expressed as a percentage, which may be covered by a principal use and its accessory structures. ∙ Lot depth. The mean horizontal distance between the mean front road and the mean rear lot line. The greater frontage of a corner lot is its depth, and its lesser frontage is its width. ∙ Lot line. 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. ∙ Lot line, front. The boundary of a lot abutting a street. On a corner lot, the shortest street lot line shall be the front lot line. ∙ Lot line, rear. The lot line most nearly parallel to and most remote from the front lot line. ∙ Lot line, side. Lot lines other than front or rear lot lines. On a corner lot, the longest street lot line shall be a side lot line. ∙ Lot, interior. A lot other than a corner or reversed corner lot. ∙ Lot, reversed corner. A corner lot, the rear of which abuts upon the side of another lot whether across an alley or not. ∙ Lot of record. A lot existing as of April 10th, 1993, date of this Code or approved by the city as a lot subsequent to such date, and includes non-conforming lots. ∙ Lot, shoreline. A lot having one (1) or more lot lines fronting on public waters. ∙ Lot, through. A lot that has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a corner lot. On a through lot, the determination of whether the street frontage is to be considered a front yard or rear yard shall be as subject to the provisions of this Code. ∙ Lot width. The mean horizontal distance between the side lot lines at the minimum front setback line. ∙ Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor. (added 05/05/10) ∙ Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under this Code and Minnesota State Statutes as amended from time to time. The term "manufactured home" does not include the term "recreational vehicle." (revised 05/05/10) ∙ Manufacturing and processing. All uses which include the compounding, processing, packaging, treatment, or assembly of products and materials. Generally, these are industries dependent upon raw materials refined elsewhere. These uses include, but are not limited to: fabrication of wood, metal, and plastic products; assembly of electronic components, equipment, and appliances; processing of chemicals, plastics, food products, and nonalcoholic beverages; manufacturing of clothing and textile products; distribution centers, lumber yards, printing and binding shops, machine shops, sheet metal shops, sign shops, contractor's shops and storage yards. ∙ Class I: Above uses without exterior storage. ∙ Class II: Above uses with permitted exterior storage. ∙ Metes and bounds. A method of property description utilizing directions and distances commencing from and terminating at an easily identifiable point. ∙ Microbrewery. A facility that manufactures and distributes intoxicating malt liquor or wine in total quantity not to exceed 250,000 barrels a year. A microbrewery may have space dedicated as a taproom to distribute on-sale and off-sale alcohol in compliance with MN state statute 340A.301, subd. 6b. (added 10/29/12) ∙ Microdistillery. A facility that manufactures and distributes premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year. (added 10/29/12) ∙ Mineral extraction. The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, and other nonmetallic minerals not regulated under Minn. Stat. Chapts. 93.44 - 93.51; or Successor Statutes. Mineral extraction does not include grading and excavating as defined in this Chapter. (added 7/14/10) ∙ Mobile home. A manufactured home designed, constructed, and equipped for use as a single-family dwelling, which has a width of less than twenty (20) feet over more than twenty-five (25) percent of its length; or which is not placed on a permanent foundation complying with the requirements of the state building code or which is not continuous and solid for the entire perimeter of the structure. ∙ Mobile home park. Any premises on which are parked two (2) or more occupied mobile homes, excluding premises on which mobile homes are sold for removal to another site. ∙ Mortuary, funeral home. An establishment engaged in undertaking services such as preparing the dead for burial and arranging and managing funerals, but not including a crematorium. (added 7/14/10) ∙ Motorized vehicle leasing and rentals. A business that leases or rents motorized vehicles to the general public. Includes minor services and washing as an accessory use. Not more than eight (8) rental or lease vehicles on site at one time. ∙ Motorized vehicle service. A business that provides repair or maintenance services for motorized vehicles including engine repair, replacement or parts and engine service, but does not include body work, painting, factory assembly of vehicles or vehicle wrecking yards. ∙ Multiple occupancy building. A building containing two or more independent businesses with or without separate exterior entrances and for which signage, parking and site requirements are unified in a consistent visual and functional manner. ∙ Native vegetation. "Native Vegetation" - Plant species indigenous to Minnesota, or that expand their range into Minnesota without being intentionally or unintentionally introduced by human activity, and are classified as native in the Minnesota Plant Database (Minnesota DNR, 2002 or as amended). Native Vegetation does not include Weeds. (revised 02/22/10) ∙ Nonconforming building. A building lawfully existing as of the effective date of the adoption of this Code, or amendment hereto, which under the provisions of this Code could not be built because of restrictions on height, setbacks, yards, lot coverage, floor area ratio, or other characteristics of the building or its location on the lot where it exists. ∙ Nonconforming use. A building, structure or use of a building, structure or parcel of land, or a portion thereof, lawfully existing as of the effective date of the adoption of this Code or amendment hereto, as a matter of right or by permit, which is not permitted in the zoning district in which it is located. ∙ Nursery. Any land used to raise trees, shrubs, flowers, and other live plants for sale and commerce. ∙ Nursing Home and Assisted Living Facility. A facility that provides daily assistance and long-term residence for disabled or elderly individuals. This includes a combination of housing, supportive services, personalized assistance and health care designed to respond to the individual needs of those who need help with activities of daily living, such as dressing, grooming, bathing, etc. (added 7/14/10) ∙ Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. ∙ Office(s). A room, suite of rooms, or a building containing rooms or suites of rooms in which persons conduct commercial activities, provide professional services, or carry on occupations and where goods are not stored, produced, sold at retail or repaired, including but not limited to the following: executive and administrative offices, business offices such as insurance, real estate, sales and similar offices, professional offices such as offices of engineers, surveyors, architects, accountants, attorneys and bookkeepers and similar offices, but excluding medical clinics. (revised 7/14/10) ∙ Office showroom/warehouse. An office facility in which more than 50 percent of the total floor area is utilized for the display and sale of goods or merchandise on the premises, and/or for the storage and distribution of goods or merchandise from the premises. (added 7/14/10) ∙ Off-street parking areas. Structures or areas of ground used for the storage or parking of motor vehicles. ∙ Open sales lot. Any land used or occupied for the purpose of buying and selling any goods, materials, or merchandise, and for the storing of same under the open sky prior to sale. ∙ Open space. (See landscape lot area.) ∙ Ordinary high water level. The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape and as determined by the Minnesota Department of Natural Resources. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. (revised 02/22/10) ∙ Outdoor display and sales. The display of goods for sale or rent outside an enclosed building. (added 3/28/16) ∙ Park facilities. The use of any lots or parcel of land and any structure or building thereon for public active and passive recreation purposes by the Arden Hills Parks and Recreation Department or the Ramsey County Parks and Recreation Department. (added 11/25/13) ∙ Parking space. A land area of such shape and dimensions and so prepared as to be usable for the parking of a motor vehicle, and so located as to be readily accessible to a public street or alley. Truck loading and unloading space shall not be included in such area. ∙ Pathway, pedestrian way. A public or private way, running across or located within a platted lot or block or an unplatted parcel of land, used primarily for pedestrian traffic. ∙ Pawn shop. The location at which or premises in which a pawnbroker regularly conducts business. (added 7/14/10) ∙ Pawnbroker. (a) Except as provided in paragraph (b), "pawnbroker" means a person engaged in whole or in part in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. ∙ (b) The following are exempt from the definition of "pawnbroker": any bank regulated by the state of Minnesota, the comptroller of the currency of the United States, the Federal Deposit Insurance Corporation, the board of governors of the Federal Reserve System, or any other federal or state authority and their affiliates; any bank or savings association whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or any successor to it and all affiliates of those banks and savings associations; any state or federally chartered credit union; and any industrial loan and thrift company or regulated lender subject to licensing and regulation by the Department of Commerce. (revised 7/14/10) ∙ Person. Any individuals, firm, partnership, corporation, company, association, joint stock association or body politic; includes any trustee, receiver, assignee or other similar representative thereof. ∙ Personal services. Services customarily rendered for compensation. Such services shall only involve minor storage and related sales of products and supplies related to the service offered and for customers ordinarily utilizing the service offered. Typical personal services include but are not limited to: apparel tailoring and cleaning; hair styling, trimming and cutting; beauty services; photographic services; and other services of a similar nature. ∙ Planned unit development (P.U.D.). The development of a tract of land in a unified manner, pursuant to a development plan specifically approved by the city. ∙ Planning commission. The planning agency of Arden Hills as prescribed in Minnesota Statutes Chapter 462.354. It is advisory to the City Council on all matters related to the Comprehensive Plan and all official controls that implement the Comprehensive Plan, and all other matters referred to it by the City Council. ∙ Protected waters. Any waters of the State as defined by State law. However, no lake, pond or flowage of less than ten (10) acres in size and no river or stream having a total drainage area less than two (2) square miles shall be regulated for the purposes of these regulations. ∙ Public use. The use of any lot, parcel of land and any structure or building thereon exclusively for public purposes by any department or branch of government, federal, state, county or city, excluding independent school districts, without reference to the ownership of said lot, parcel of land, building or structure. ∙ Public waters. Means a body of water capable of substantial beneficial public use. This shall be construed to mean, for the purposes of these regulations, any body of water, which has the potential to support any type of recreational pursuit or water supply purpose. A body of water created by a private user where there was no previous shoreland, as defined herein, for a designated private use authorized by the commissioner of natural resources, shall be exempt. ∙ Railroad right-of-way. A strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, station, train sheds, warehouses, car shops, car yards, locomotive shops or water towers. ∙ Reach. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. ∙ Recreation, commercial. Recreational facilities which are operated for profit or render a service which is customarily considered as a business. ∙ Recreation, residential. Play apparatus such as swing sets and slides, sandboxes, poles for nets, picnic tables, lawn chairs, barbecue stands, and similar equipment or structures, when used on residential property, but not including electronic towers, tree houses, swimming pools, playhouses exceeding twenty-five (25) square feet of floor area, or sheds utilized for storage of equipment. ∙ Recreational vehicles (RVs). Vehicles for recreational or utilitarian uses that can be driven, towed, or hauled. Including, but not limited to, motor homes and travel trailers, snowmobiles, pull campers, all terrain vehicles (ATVs), tent trailers, or other similar vehicles. (revised 02/07/08) ∙ Recreational vehicles (for the purposes of Section 1335 only). A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of Section 1335, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle. (added 05/05/10) ∙ Recreational Vehicles, Utility Trailers, Riding Lawn Mowers, and Watercraft Height. The distance as measured from the ground to the highest point of the recreational vehicle, utility trailer, or watercraft, including any covering, as stored. This does not including antennas and utility/mechanical systems provided they are accessory and take up no more than ten (10) percent of the roof surface area. RVs and watercraft on a trailer shall be measured as one. (revised 02/07/08) ∙ Recreational Vehicles, Utility Trailers, Riding Lawn Mowers, and Watercraft Length. The distance as measured from end to end of the recreational vehicle, utility trailer, or watercraft, including any hitch, motor, and covering, as stored. RVs and watercraft on a trailer shall be measured as one. (revised 02/07/08) ∙ Regional flood. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood", 1 percent annual chance flood, or 100-year elevation. ∙ Regulatory flood protection elevation. The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. (added 05/05/10) ∙ Research animals. Animals kept in a laboratory setting for the purpose of testing and research related health care products. ∙ Research and development facility. Establishments which conduct research, development, or controlled production of high technology electronic, industrial, or scientific products or commodities for sale; or establishments conducting educational or medical research or testing. May include limited accommodations for researchers or research subjects. Research with animals is considered a separate category. (added 7/14/10) ∙ Residence hall, dormitory. A building designed for or used as group living quarters for students of a high school, college, university or seminary, organized and owned, or leased in its entirety, by a high school, college, university or seminary. (added 7/14/10) ∙ Residential facility. Any licensed facility, public or private, which for gain or otherwise, regularly provides one or more persons with a twenty-four (24) hours per day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the person's own home, including but not limited to, state institutions under the control of the commissioner of public welfare, foster homes, residential treatment centers, maternity shelters, group homes, residential programs, or schools for handicapped children. ∙ Restaurant. A business establishment whose principal business is the preparation, service and sale of food and beverages to be consumed by customers while seated at tables or counters located within the building on the premises. ∙ Restaurant, fast food. Any restaurant which meets a number of the following requirements: ∙ Customarily provides quick service to its customers; ∙ Offers to its customers a limited, standardized menu of inexpensive food and/or beverages; ∙ Serves its customers from a counter located within the building on the premises and does not customarily offer service at the table by waiter or waitress; ∙ Allows customers to consume their orders of food and/or beverages at tables or counters within the building, in their automobiles parked on the premises, or away from the premises as the customers choose; ∙ Packages and services a substantial proportion of its food and/or beverages in disposable wrappers, containers, cartons, boxes and bags; ∙ Provides a number of trash, litter, or garbage cans in the parking areas and within the building on the premises for the deposit of the disposable packaging in which the food and/or beverages are provided; ∙ Prepares and cooks a substantial proportion of its food in volume, in advance of orders by customers, and usually in anticipation of predicted volumes of customers at certain times of the day; ∙ Specifies the items of food and/or beverage offered to customers on signs, placards, posters, valances, or boards posted in conspicuous places throughout the building rather than on printed menus given to the customers; ∙ Generates a high volume and rapid flow of in-and-out traffic because of its quick service mode of operation. ∙ Retail sales and service. An establishment engaged principally in the sale or rental of primarily new goods and the provision of services directly to the consumer, excluding those uses defined more specifically in this Code. Motor vehicle sales, motor vehicle leasing and rentals, exterior equipment rental and sales lots, repair garages, pawn shops, thrift stores, and open sales lots are not included in this definition of retail sales and service. (revised 2/29/16) ∙ Roadway. The entirety of a private street and that portion of a public street extending from the back of the curb (i.e., the curbline) on one side to the back of the curb (i.e., the curbline) on the other side, used primarily for vehicular traffic. ∙ Schools, bus terminal. School bus terminal shall be a building or space engaged primarily in the transportation and activities associated with the transportation of students. ∙ Schools, general education. Nursery, primary, elementary and secondary schools. ∙ Schools, specialized education. Trade, vocational, business, barber, beauty, art, music, dancing, driving and other professional schools, with or without on-site housing. (revised 01/20/11) ∙ Service station. A place where gasoline, kerosene, diesel or other motor fuel or lubricating oil or grease for operating motor vehicles are offered for sale to the public and deliveries are made directly into motor vehicles. Includes greasing and oiling, one-bay motor vehicle wash and the sale of automobile accessories on the premises. Also includes minor repairs, incidental body and fender work, minor painting and upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding one and one-half (1.5) tons capacity. It shall not include major general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint job. ∙ Setback. The minimum horizontal distance between a structure and the ordinary high water level or between a structure and a road, well, highway, or property lines. ∙ Setback, minimum building. The minimum horizontal distance allowed by this Code, between a structure and a lot line. ∙ Shore impact zone. The land located between the ordinary high water level and a line parallel to it at a setback of 50 percent of the structure setback. (revised 02/22/10) ∙ Shoreland. The land located within the following distances from protected waters: ∙ One thousand (1,000) feet from the ordinary high water mark of a lake, pond, or flowage; and ∙ Three hundred (300) feet from a river or stream, or the landward extent of a flood plain on such rivers or streams, whichever is greater. ∙ The practical limits of shorelands may be less than the statutory limits where the limits are designated by natural drainage divides at lesser distances, as shown on the official zoning map of the City. ∙ Sidewalk. A hard surfaced public or private way, used primarily for pedestrian traffic. ∙ Sign. A name, identification, description, display, logo, illustration or device which is affixed to, painted or represented directly or indirectly upon a building or other surface or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business. ∙ Significant tree. A tree that is important to the site and the neighborhood character, that is structurally sound and healthy, and that meets at least one of the following standards: (revised 04/28/08) ∙ A deciduous hardwood tree that is at least ten (10) caliper inches, including but not limited to, ironwood, catalpa, oak, hard maple, walnut, hickory, birch, black cherry, hackberry, locust and basswood. ∙ A deciduous softwood tree that is at least twelve (12) caliper inches, including but not limited to, cottonwood, poplars/aspen, box elder, willow, silver maple and elm. ∙ A coniferous evergreen tree having foliage on the outermost portion of the branches year-round and which is at least fifteen (15) feet or more in height. ∙ A group of deciduous trees that are at least eight (8) caliper inches or coniferous trees that are at least fifteen (15) feet in height, that provide a buffer or screening along an adjacent public street or between differing land uses. ∙ Soil processing. The processing of sand, gravel or other materials mined from the land. ∙ Solar Energy System. A system or set of devices whose primary purpose is to collect, convert, store and distribute solar energy, including for heating and cooling of buildings, electricity generation, water heating and other energy-using processes. ∙ Staging Area. Any exterior area that is used to load, unload, stack, pile, store or assemble materials, equipment or vehicles to be used either on site or off site. ∙ Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if no such floor above, the space between such floor and the ceiling next above it. ∙ Story, half. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished for use. A half-story containing independent apartment or living quarters shall be counted as a full story. ∙ Streets. A public or private way, consisting in the case of a private way of a roadway and in the case of a public way of a roadway and a boulevard (the latter of which may contain a sidewalk), used primarily for vehicular traffic, whether designated as a street, avenue, parkway, road, lane, throughway, expressway, highway, place or however otherwise designated. The term "streets" includes the following classifications: ∙ Collector street. A street which carries traffic from local streets to streets and highways of higher classifications. It provides for both land access service and local traffic movements within residential neighborhoods, commercial areas and industrial areas. ∙ Cul-de-sac. A street with a circular turn-a-round and only one outlet. ∙ Local street. A street of limited continuity used primarily for access to the abutting properties and the local needs of a neighborhood. ∙ Minor arterial. A street system that interconnects with and augment the urban major arterial system and provide service to trips of moderate length at somewhat lower level of travel mobility than major arterials. This system distributes travel to geographical areas smaller than those identified with the higher system. ∙ Major arterial. Usually a divided highway with four (4) or more lanes and serves the major centers of activity of a metropolitan area, the highest traffic volume corridors, and the longest trip desire. The major arterial carries a high proportion of the total urban area travel on a minimum mileage. Almost all fully and partially controlled access facilities are a part of this class. ∙ Expressway. A type of major arterial with a controlled access roadway and expressway ramps to provide ingress or egress to other levels of streets. The use of expressway ramps allows the uniform flow of traffic on a major arterial highway without undue delays. ∙ Structural alterations. Any change in the supporting members of a building such as bearing walls, columns, beams or girders, or any substantial changes in the roof and exterior walls. ∙ Structure. Anything constructed, the use of which requires a permanent location on the ground or attachment to something having a permanent location on the ground, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, signs, recreational vehicles not meeting the exemption criteria otherwise specified in the zoning code, and other similar items. ∙ Structure, accessory. A detached, subordinate structure, the use of which is incidental and related to that of the principal use of or principal structure on the lot on which it is located. ∙ Structure, multiple-occupancy. (See Multiple occupancy building). ∙ Structure, principal. The predominant structure upon a lot in which the principal use of the lot is conducted. ∙ Structure, temporary or portable. A structure which is not intended for permanent occupancy but which may be suitable in certain situations for specific periods of occupancy pending either construction of permanent facilities or a change in conditions that will eliminate the need for the temporary structure. Portable classrooms, portable offices, and air-supported structures are examples of temporary or portable structures. ∙ Studios. A building or space within a building where professional artists, musicians, photographers, dancers, designers, etc. practice their profession or teach; display and sales of products used or produced in the profession is considered an accessory use. ∙ Substantial damage. Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (added 05/05/10) ∙ Substantial improvement. (added 05/05/10) Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: ∙ Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. ∙ Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure." For the purpose of this Ordinance, "historic structure" shall be as defined in 44 Code of Federal Regulations, Part 59.1. ∙ Thrift Store. A business for which the stock of goods is primarily used and may include the following operational characteristics: ∙ Receipt of used items directly from the public at the business location. ∙ Processing, conditioning, cleaning, or repair of used or returned items for resale. ∙ Storage of used items on site for processing, resale, or disposal. ∙ Receipt of goods through purchase, consignment, or donation. (added 2/29/16) ∙ Tower. Any pole, spire or structure, or any combination thereof, to which an antenna is attached, or which is designed for an antenna to be attached, and all supporting lines, cables, wires and braces; including but not limited to a free-standing radio (including ham radio and private radio transmitting) or television receiving antenna, a windmill, and a wind-power generator. ∙ Townhouse. A single-family dwelling, which maintains private ingress and egress, contains no independent dwellings above or below it, and is attached to other similar dwellings by a common wall. ∙ Use. The purpose for which land or premises or a building thereon is designated, arranged or intended, or for which it is or may be occupied or maintained. ∙ Use, accessory. A use which is incidental to the principal use of the lot on which it is maintained or conducted. ∙ Use, principal. The primary or predominant use for which the lot and structure, if any located thereon, is conducted or maintained. ∙ Use, principal multiple-operation. A business or industrial operation which consists of two or more distinguishable uses, all of which are dependent upon each other, but none of which is predominately or clearly the principal use and all of which are generally compatible with the permitted allowable uses in the district. ∙ Use, conditional accessory. A use which is both an accessory use and a conditional use and which, after due consideration by the Commission and Council, pursuant to the applicable procedures contained herein, may be allowed as an accessory use by Conditional Use Permit granted by the Council. ∙ Use, conditional principal. A principle use which, because of unique characteristics, cannot be classified as a permitted principle use in any particular district, and which, after due consideration by the commission and council, pursuant to the applicable procedures contained herein, may nevertheless be allowed on a site in a particular zoning district by Conditional Use Permit be granted by the council. Includes temporary uses which require conditional approval before being allowed. ∙ Utility distribution lines. The distribution facilities of electric power, gas, water and communication companies which directly serve abutting properties. ∙ Utility substation. A structure used for the relay or distribution of electric, water, sewer, telephone, etc., services. ∙ Utility transmission lines. The transmission facilities of electric power and communication companies which do not directly serve abutting properties. ∙ Utility trailer. Equipment used for recreational or utilitarian purposes that can be towed; such as special purpose trailers (i.e. boat trailers, ATV trailers) or other hauling trailers. (revised 02/07/08) ∙ Utility vehicle. A vehicle, with or without a motor, and/or adapted for temporary living, sleeping, business or storage purposes; having a frame, but no foundation other than wheels, blocks, studs, jacks, horses or skirting, which does not reach or meet building code requirements and has been or may be equipped with wheels or other devices for transporting purposes. This term shall include travel trailers, camping trailers, tent trailers, recreation vehicles, farm tractors, riding yard and garden tractors and trailers. A permanent foundation shall not change the character of the vehicle. ∙ Variance. A modification or variation of a specific permitted development standard required as a provision of this Code, to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance, except that modification in the allowable uses within a district shall not be allowed as a variance. (revised 05/05/10) ∙ Vehicle wash. A building, or portion thereof, which principal use is the washing of vehicles. ∙ Vehicle wrecking yard. Any open space where three (3) or more used motorized vehicles are stored which do not possess current state auto licenses. ∙ Warehousing. The storage and distribution of materials or equipment within an enclosed building, but not including personal storage facility. (revised 7/14/10) ∙ Watercraft. Motorized water-oriented vehicles including, but not limited to, power boats, cruisers, jet skies, fishing/hunting boats, pontoon boats, and any non-motorized craft with greater than a two person capacity. This definition excludes non-motorized one and two person crafts such as canoes, kayaks, and paddle boats. (revised 02/07/08) ∙ Waterfront uses. Boat docks and storage, water recreation equipment and other uses normally associated with to lakeshore property. ∙ Wetlands. Transitional low-lying areas between terrestrial and aquatic systems, either created or natural, covered with shallow and sometimes temporary or intermittent waters as defined in the United States Fish and Wildlife Service Circulator No. 39. This includes, but is not limited to swamps, marshes, bogs, sloughs, wet meadows, and shallow lakes and ponds with emergent vegetation. (revised 02/22/10) ∙ Wetland alteration. Alteration of a wetland includes changes to the wetland and/or wetland buffer strip in regards to size, depth or contour; dredging; tilling; damming; alteration of the watercourse; ditching; tiling; grading; draining; discharge of water; appropriation of water; changes in vegetation; or otherwise altering or destroying a wetland or wetland buffer or their functions. Alterations would not include Native Vegetation plantings or selective clearing or pruning of prohibited or restricted noxious weeds, unless within a Drainage and Utility Easement in which case submission of and written approval by the City is required. (added 02/22/10) ∙ Wetland buffer strip. An area of vegetated ground cover around the perimeter of a wetland that, either in its natural condition or through intervention, has the characteristics of buffering the wetland from surrounding landscaping. (added 02/22/10) ∙ Wetland delineation. An assessment tool utilized to determine the boundary of a wetland using the US Army Corps of Engineers Wetland Delineation Manual (January 1987) as well as any additional boundary determination requirements established in Minnesota Rules Chapter 8420. A "Wetland Delineation Report" is a document that summarizes the observations, results and conclusions performed during the assessment when wetlands are present. (added 02/22/10) ∙ Yard, front. A yard extending along the full length of the front lot line between the side lot lines. ∙ Yard, minimum required. The minimum open space extending between a minimum building setback line and the adjoining lot line in which a principle building may not be placed and in which accessory buildings may only be placed as regulated in this Code. ∙ Yard, rear. A yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of the main building. ∙ Yard, side. A yard between the building and the adjacent sideline of the lot and extending from the front yard to the rear yard. ∙ Yard area, required rear. The minimum required rear yard depth multiplied by the average width of the total rear yard. ∙ Zoning map. The map or maps incorporated into this Code as a part hereof, delineating the zoning districts. 1320.04 Purpose of Districts. (revised 9/25/17) Subd. 17 CD Conservation District (added 11/25/13) A. To provide a "holding" zone for federally owned lands on the Arden Hills Army Training Site to ensure that future development is staged, maintains a sustainable level of public expenditures for utilities and services, and protects those areas generally determined to be unsuitable for development due to the presence of wetlands, floodplains, steep slopes, certain drainage and soil conditions, and critical wildlife habitat. B. To provide for areas for the development of solar energy systems. 1320.05 Land Use Chart. (revised 03/02/23) Uses:Zoning Districts: R- 1 R- 2 R- 3 R- 4 NB B- 1 B- 2 B- 3 B- 4 CC GB I-1 I-2 I-FLEX CD POS INST Antenna, Dish or Tower CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA Boarding house C C C C == == == == == C == == == == == == == Brewpub == == == == == == C C C == == == == == == == == Business service == == == == == A P P P C P P P P == == == Clinic, medical office == == == == P P P P P C P P P P == == == Club or lodge (non-profit)== == == == == P P P == C == == == == == == == Club , sports & fitness == == == == == A P P P C P P == P == == == Commercial recreation - indoor == == == == == == P P P == == P == == == == == Daycare Facility, over 10 == == == == P P P P P == P P P P == == == Day care, family - 10 or less A A A A A == A == == == == == == == == == == Day care, group family - 14 or less CA CA CA CA CA == CA == == == == == == == == == == Dog kennel == == == == == == C C == == == == == == == == == Dog run A A A == == == == == == == == == == == == == == Drive -up windows == == == == == == C C C == A == == == == == == "Dry cleaning & laundry, pick-up station"== == == == C == A A == == A == == == == == == "Dry cleaning & laundry, self-service laundry"== == == == C == C C == == == == == == == == == Dwelling: density zoning D D D D == == == == == == == == == == == == == Dwelling: multiple family == == C C C == C == == C C == == == == == == Dwelling: single-family attached C C D D == == == == == == == == == == == == == Dwelling: single-family detached P P P P == == == == == == == == == == == == == Dwelling: two-family C C P P C == == ==== == == == == == == == == Dwelling: live-work unit == == == == C == == == == == == == == == == == == Financial institution & service == == == == P P P P P C P P P P == == == Garage, truck == == == == == == == == == == == C C == == == == Higher Education, Campus == == == == == == == == == == == == == == == == C Home occupation : Class I A A A A A == == == == A == == == == == == == Home occupation : Class II CA CA CA CA CA == == == == C == == == == == == == Hospital == == == == == == == == == == == == == == == == == Hotel/motel == == == == == == C P C C C == == C == == == House of worship C C C C C C C C C C == == == C == == == Manufactured home park == == C == == == == == == == == == == == == == == Manufacturing & processing : Class I == == == == == == A A A == P P P P == == == Manufacturing & processing : Class II == == == == == == == == == == == == P == == == == Micro brewery == == == == == == C C C == C == == C == == == Micro distillery == == == == == == C C C == C == == C == == == Mortuary, funeral home == == == == == == P P == C == == == == == == == Multiple occupancy building == == == == C C C C C C C C C C == == == Nursery C C C C == == == == == == == == == == == == == Nursing home and assisted living C C C C == == D == == C == == == == == == == Office == == == == P P P P P P P P P P == == == Pawn shop == == == == == == == == == == == == == == == P == Personal services == == == == C A P P P C P == == A == == == Public use C C C C C C C C C C C C C C == == == Research and development facility == == == == C P C C C == P P P P C C == Research animals == == == == == == C == == == == C C == == == == Residence Hall, dormitory == == == C == C D == == == == == == == == == == Residential facility, state licensed, serving 1- 6 P P P P P == P == == == == == == == == == == Residential facility, state licensed, serving 7- 16 C C C C C == C == == == == == == == == == == Restaurant and restaurant-fast food == == == == C A P P P C P C C == == == == Retail sales & service == == == == P A P P P C A A A A == == == School, general education C C C C == == == == == C == == == == == == == School, specialized education == == == == == C C C C C == == == == == == == Service station == == ==== == == C C == == C C C == == == == Storage, exterior == ==== == == == == == == == == == CA == == == == Studio == == == == C C P P P C == == == == == == == Theater, indoor ==== == == A C P == C == == == == == == == Thrift Store == == == == == == == == C == == == == C == == == Utility distribution line P P P P P P P P P == P P P P A P == Utility substation == == == == == == == == == == == C C == == == == Utility transmission C C C C C C C C C == C C C C C C == Vehicle - motorized, leasing and rentals == == == == == == C C == == == == == == == == == Vehicle - motorized, service == == == == == == C C == == == == == == == == == Warehousing == == == == == A A A A == C P P C == == == "P" = Permitted; "D" = Planned Unit; "== " = Not Permitted; "C" = Conditional Use Permit; "A" = Accessory; "CA"= Conditional Accessory Use Permit, "I" = Interim Use Permit" Solar Energy System == == == == == == == == == == == == == == C == == 1320.15 Special Requirements for the Conservation District. (added 11/25/13) Subd. 1 Procedure. The application and the administrative and review procedure established in Section 1355.04, Subd. 3, Conditional Use Permits, shall be followed for all development that requires a Conditional Use Permit. Subd. 2 Permitted Uses. Permitted uses are allowed as specified on the Land Use Chart, Section 1320.05. The following uses are also permitted: A. Any facility, building, or structure controlled by either the Minnesota National Guard or Army Reserve located on the Arden Hills Army Training Site. B. Any use or activity carried out by either the Minnesota National Guard or the Army Reserve on the Arden Hills Army Training Site. Subd. 3 Special Regulations for Conditional Uses in the CD District. Conditional Uses are allowed as specified in the Land Use Chart, Section 1320.05, for the CD District. However, this Code specifies additional requirements for a solar energy system. A. A Solar Energy System shall be evaluated as part of the Conditional Use Permit review for development consistent with the District Requirements as outlined in Section 1320.03 and the City Council through the CUP may allow flexibility to design standards including but not limited to setbacks, lot coverage, height, access, size, screening, and fencing based upon site suitability and abutting properties and area.