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Home My WebLink AboutCCP 12-05-1994 ~ AGENDA . ARDEN HILLS CITY COUNCIL WORKSESSION MEETING CITY HALL CONFERENCE ROOM MONDAY, DECEMBER 5, 1994, 5:00 P.M. 5:00 PM 1. Call to order/roll call 2. Agenda adoption 5:00 PM 3. Discussion of Gateway Business District development issues 6:00PM 4. Discussion ofTCAAP related issues 7:00PM 5. AdministratorlDepartment Head Comments 7:05PM 6. Council Comments 7:15PM 7. Adjourn . The above times may vary depending upon length of issue discussion. December Meetings .Ianuarv Meetinl!'s Dec 5 - WorksessioD, 5:00PM Jan 3 - Special Council Meeting, 5:00PM Dee 7 - Planning Commission, 7:30PM Jan 4 - Planning Commission, 7:30PM Dee 12 - Speeial CouDcil Meeting, 6:30PM Jan 9 - Council Meeting, 7:30PM Dee 12 - Council Meeting, 7:30PM Jan 11- Human Rights Committee, 7:30 Dee 14 - Human Rights Committee, 7:30PM Jan 19 - Economic Development, 8:00AM Dee 20 - Economic Development, 8:00AM Jan 19 - Worksession, 4:30PM Dee 20 - Public Works/Safety Meeting, 7:30PM Jan 19 - Public Works/Safety Meeting 7:30PM Dee 22 - Finance Committee, 7:00PM Jan 24 - Park&Rec Committee, 7:00PM Dee 27 - Park & Rec Committee, 7:00PM Jan 26 - Finance Committee, 7:30PM Dee 28 - Couneil Meeting, 7:30PM Jan 30 - Council Meeting, 7:30PM ~ . 0 RECEIVED 3490 Lexington Avenue North St. Paul, MN 55126 DEe 0 2 1994 (612) 490-5600 my OF ARDEN HILLS CAPITOL COUNTY OF MINNESOTA RAMSEY COUNTY MEMBERS TO: RCLLG Membership Arden Hills FROM: Jerry Linke, RCLLG Vice President and Legislative Falcon Helghts Committee Chair Gem Lake DATE: November 30, 1994 Lauderdale UlUe c..ada RE: Voting on Legislative Proposals Maplewood Mounds View Attached to this memo are the Proposed Legislative Policies for the 1995 New Brighton Legislative Session. Please review these proposed policies as they will be North Oaks voted On (by the designated delegates) at the Annual Meeting on December 14th. The approved legislative policies will then be presented . North St. P8ul to the Ramsey County Delegation at the January meeting of the RCLLG. Romsey County Rosevllle The specific issues of the proposed legislative policies are: St. Anthony St. Paul 1. City and School Board Election Filing Fees; Shorevlew 2. Five-Year Transit Plan for Ramsey County Suburban Area; Vadnais Helghts White Beer Lake 3. MNDot Funding for Maintenance and Construction of White Bear Township Roads; and ASSOCIATE MEMBERS 4. Post-Labor Day Start of School. Mounds View School Dlstrlctlltl21 North st. Paull Maplewood School DIstrict #e22 Rosevllle School JUST A REMINDER DIstrlctlltl23 St. Paul School Reservations for the Holiday Banquet/Annual Meeting must be confirmed District #625 by Friday, December 9th. Please contact Peggy Rollins, RCLLG ~ White Bear l.al<e Coordinator at 490-5600 if you have any questions or need further Sch. DIst.1ltl24 information. Hope to see you on the 14!! Ramsey SoU & Water Conservation District Printed on recycled paper ---- ". . 0 3490 Lexington Avenue North . St. Paul, MN 55126 (612) 490-5600 CAPITOL COUNTY OF MINNESOTA RAMSEY COUNTY MEMBERS Arden Hi"s Falcon HeIghts Gem Lake Lauderdale PROPOSED LEGISLATIVE POLICIES lItUe Canad8 Maplewood FOR TIlE Mounds View New Brighton 1995 LEGISLATIVE SESSION North Oaks North St Paul Ramsey County . Roseville St Anthony St Paul Shorevlew Vadnais HeIghts White Beer Lake White Beer Township ASSOCIATE MEMBERS Mounds View Sehool DIstrict #1121 North Sl PauV Maplewood School DIstrict #e22 Rosevllle School Presented to the RCLLG Membership District #e23 December 14, 1994 St Paul School DIstrict #e25 White Bear Lake " Sch. Dlsl #1124 Ramsey Soli & Water ConservllUon Disb1ct Printed on recycled papar . - FIVE- YEAR TRANSIT PLAN FOR RAMSEY COUNTY SUBURBAN AREA . Local units of government in the northern and northeastern suburbs of Ramsey County are frequently called upon to provide public transit to their residents. Several population segments, the elderly, and youth who are old enough to work but have no vehicle access, are transit dependent. If transportation were available, better utilization of existing educational opportunities, commercial areas, jobs, recreation opportunities, etc., by both groups would occur. Many people have not been counted among the underserved, as they currently participate in no outside activities only because they have no transportation options. It is evident that in order to be counted as underserved, some minimum level of service needs to exist in the first place. This fails to account for the completely unserved. After reviewing the Metropolitan Council five-year transit plan "Vision 99, Regional Transit Service and Capital Plan 1995-1999", the Ramsey County League of Locai Governments (RCLLG) has determined that once again, regional planning efforts' first priorities have been directed primarily to the western and southern metro area. Suburban Ramsey County is in need of public transit scheduled to occur in a more timely manner. THE SOLUTION: The RCLLG call upon the Metropolitan Council and the Minnesota Legislature to restructure . the schedule of providing readily available public transit to the northern and northeastern suburban area to a more acceptable time frame. ~ ---- * . CITY AND SCHOOL BOARD ELECTION FILING FEES . Currently, state law establishes the fee for filing as a candidate for city office. This fee is set at $20.00 for first class cities, $5.00 for second and third class cities, and $3.00 for fourth class cities and towns. State law also establishes the filing fee for candidates for school board at only $2.00. These fees have not been changed statewide since at least 1976. State law also provides for the submission of a petition in place of a filing fee for both municipal and school board elections. Although the goal of having a reasonable filing fee to encourage citizens to run for local office is important, the current fees do not approximate the cost of providing information to candidates. In addition to providing information on election laws, campaign financing limits and sign codes, municipalities and school districts often provide candidates with copies of the annual budgets, capital improvement programs and annual financial reports. Some local units of government also provide copies of agendas, minutes, and staff reports to candidates so they can be informed of local issues during the campaign. The cost of preparing and mailing of this information to candidates for local office far exceed the cost of filing. The cost of providing this information is generally paid through property taxes. THE SOLUTION: The Ramsey County League of Local Governments (RCLLG) supports a modification to state . law that would increase the maximum filing fees for elective office in Class 2, 3, and 4 cities and towns to $20.00 and increase the filing fee for school board to $20.00. The RCLLG also supports the current state law that allows candidates for local office to file a qualified petition in place of the filing fee. While these increases to the filing fee will not fully cover most local governments' costs of providing information to candidates, it will help recover some of these costs while maintaining the filing fees at a reasonable rate to encourage citizens to run for local office. - ---.-- ------- , ..., POST-LABOR DAY START OF SCHOOL . Responsible units of local government are increasingly called upon to: * make efficient, cooperative use of major public facilities, minimizing expensive "down time"; and to * be flexible in decisions, basing them on efficient responses to varying local needs. Current state law, enacted in 1985, forbids school districts from beginning classes before Labor Day. This restriction flies in the face of the principles of good governance cited above, as well as many considerations of child and family well-being, including: * Students who participate in fall activities often have to begin as much as two or three weeks before the formal opening of school, often at considerable inconvenience to themselves and other members of their families. * The variation in dates for Labor Day means school calendars are very inconsistent from year to year, resulting in significant inconveniences for students, families, and staff. * When Labor Day comes late, the end of the school year is pushed far into June, with resulting problems due to increasingly hot and humid weather, disrupted summer school . schedules, and conflicts with summer jobs. * Flexible, extended-year schedules are increasingly needed in order to provide safe, supervised settings for children whose parents are increasingly unable to be home with them during the day. THE SOLUTION: The Ramsey County League of Local Governments calls upon the Minnesota Legislature to repeal the mandated post-Labor Day start of school, and to return the decision-malring power over school calendars to local school districts, who will base them on local conditions, needs, and resources. ~ ------------- -.-.--- ,. , MNDOT FUNDING FOR MAINTENANCE AND CONSTRUCTION OF ROADS . The Minnesota Department of Transportation, through its Municipal State Aid program, provides funding to local units of government for maintenance and construction of roads that meet specific criteria within those jurisdictions. Funding for these purposes is obtained through a portion of the state motor fuel tax (currently 20 cents per gallon) and is allocated by a formula which considers 50 % population, 50 % needs based on lane miles of state aid routes and traffic volume. Utilization of these construction funds require compliance with many minimum standards including roadway width, on-street parking, grade, radius, etc. Moreover, local roads in the greatest need of repair often do not quality for MSA funding. These rigid standards often don't allow consideration of local needs and often result in loss of important local prerogative and design character. Moreover, these standards may result in excessive costs and over design. THE SOLUTION: 1. Allow local units of government to apply MSA construction funds to all public streets within their jurisdiction. 2. Allow local units of government to determine roadway width, alignment, grade and other design standards using acceptable engineering standards. . , 1) ! " I ! .," t . " '\ - I -- \ \ I , \ \ ' - \ . \ : . . , . . . . . . . . . . . .... . . . . . . P' . . . . . . . . . CASE If 94-27 . RAMADA aOTEL SUP-SATELLITE DISH " CASE 1f94-26 PAUL & MARY CROSBY FRONTYARD SETBACK VARIANCE CASE 1/94-28 . . . . JOHN " DAWN LUNDGRE. . . . . SIDEYARD SETBACK , . -- VARIANCE PLANNING COMMISSION AGENDA CITY OF ARDEN HILLS ..- DECEMBER 7 . 1994 AGENDA , Planning Commission Wednesday, December 7, 1994 7:30 p.m. New Brighton City Hall 503-5th Avenue 1. Call to order and roll call. 2. Approval of minutes from Planning Commission meeting held on November 5, 1994. 3. Case #94-27 Public Hearing for an amendment to the Special Use Permit #88- 19 for the use of a second satellite dish Applicant - Ramada Hotel. 4. Case #94-26 Front yard setback variance at 1485 Arden Place West- Applicant - Paul and Mary Crosby. 5. Case #94-28 Side yard setback variance at 3487 Ridgewood Road - , Applicant - John and Dawn Lundgren 6. TCAAP Master Plan Discussion. 7. Council Report 8. Commission Comments. 9. Adjournment Please call the City Offices if you are unavailable to attend the meeting 633-5676. Upcoming Meetings - Preliminary Agendas January 4 February 1 1. One Comm - SUP/Antennas 1. Loos-Lot Split/Snelling Ave. . 2. Chesnut - Lot SpliWariance 2. Balfany - Preliminary Plat/Thorn Dr. 4365 Lexington Ave. 3. East Side Beverage Site Plan Review/Fence . ----- - II CITY OF ARDEN IIILI8 Mm:JRANDllM DATE: November 18, 1994 TO: Arden Hills Pl......inq Cannission FRCM: Brian FritsiDger, I"'rnmomi ty P]......ing Coordinator ~: 'l'CAAP Master Plan Calsultant Selection Process The City has received nine (9) :resp::mses to the request for qualifications for the preparation of a 1t::AAP Master Plan. Those finns which sub:nitted materials are: BRW, Inc. Lehan Associates Tern Loucks & Associates Harland Batholarew & Assoc. RLK Associates, LID Dahlgren, Shardlow, & Uban Sasaki Associates Sanders, Wacker, wehrman, Carniros, LID Bergly, IncoJ:FOrated Kirk Corson, AICP ~ The City Council recently reviewed a process for narrowing down the qualified fims for this project. The City Council recanrended that the subcornnittee of the planning carmission and staff meet and review the qualifications of each finn. This group bad previously been identified as Jeannie Winiecki, Steve Erickson, Brent Nelson and myself . Based upon the qualifications of these fi:r:ms and response to the questions which were to be detailed in the RFQ, this group w:JUld narrow down the list to 3 fi:r:ms. These 3 firms w:JUld then be recarrrended to the City Council for the sul:mittal of a proposal. Prior to re<:J1.lesting the prop:lSals the City Council will need to discuss further the actual scope of seIVices desired. This scope of se:r:vices should becare rrore apparent as the Reutilization Comnittee =ntinues its discussions. At our December 7th meeting, this subcamtittee should discuss how it wishes to review these sul:mittals. . - " CITY OF ARDEN' HILLS ~ DATE: NOvember 8, 1994 TO: Arden Hills Planning CcmnissiOll FRCM: Brian FritsiIlger, C........"1ity Planning Coordinato@ SUBJECT: 1995 Planning CcmnissiOll Appointments The 1994 year is s=n to be behind us and the City Council needs to begin preparation for 1995. One of those activities includes appointing rrembers to each of our Cc:mnittees and Cc:mnissions. Each of you should have been =tacted by City Staff to detennine your interest in serving on the Planning Cc:mnission in 1995. If you have not yet done so, please let myself or Julie Tostenson !mow what you are planning. I hope to see each of you in 1995, but if you have other plans I want you to !mow I've enjoyed working with you. If you . have any suggestions aJ::out prospective rrembers please let me !mow. BF\jt -- . , , CITY OF ARDEN HILLS . ~ DATE: NOvember 22, 1994 TO: Arden Hills Planning Calmission FRCM: Brian Fritsinger, l'"Nmw"lity P1anni.ng Coordina~ SOBJE:T: Case # 94-27, Special Use PeJ:mit Satellite Dish Antemla - R_n_n.. EIote1 Reauest The applicant is requesting an arrendrnent to Special Use Pennit #89-19 to allow for the installation of a second satellite receiving antenna. ~,..ln-Trn1 Tnn The applicant was previously given a Special Use Pennit for the installation of two satellite receiving dish antenna. These dishes were placed to the rear of the site J::etween the parking lot and the e railroad. As part of this application the applicant is proposing to rerrove one of the existing dishes. Ramada is proposing to place a 10 f=t wire mash satellite dish on the r=f of the Mo3uires Restaurant Building. Finctinqs l. Heicht Section VI, I, 3 states that dish antenna shall not extend !lOre than 'TWelve (12) feet aI:ove the r=f if it is r=f nounted. The proposed antenna is ten (10) feet in height and upon nounting is proposed to J::e eleven (11) feet in height. This would cc:rnply with the height requirerrents of our ordinance. 2. Locati= The satellite dish is proposed to J::e l=ated near the center of the r=f, on the one story McGuires building. It will J::e installed approxirrately 50 feet fran the North/South edge of r=f and 100 feet fran the West side of the building. . 3. N"",h..r of Ant""""'''' . Section VI, I, 5 allows for tw:> (2) satellite dish antennas in business and industrial districts. 4. Sl"!~;nn The ordinance states that screening shall be provided so as to prevent direct view of the dish fran any street or public or private property within 600 feet of the dish. Uhder Section VI, E, 4 (j) the ordinance for the addressing screening. The applicant has provided pitches which give an idea as to the view if the antenna fran various locations. As the OJrrmission will note, there is on! y minirral screening =tl y available on the building to screen the dish. The applicant has indicated that as part of the renovation of the building to a Holiday Inn, an approximate ten (10) foot parapet wall will be constructed around the perimeter of the building to screen all roof top mechanical equipnent. This will not be undertaken until the Spring of 1995. 5. Qpt-;nn~ e A. MJve to approve the arrendrrent to Special Use Pennit #89-19 to allow for the installation of a second satellite dish on the roof of the building at 1201 West County Road E. B. MJve to deny the arrendrrent to Special Use Pennit #89-19 to allow for the installation of a second satellite dish on the roof of the building at 1201 West County Road E. C. Table the request for further infonnation fran staff or the applicant. RecnITm'''nt'l"tian Staff recc:mrends approval of the arrendrrent to Special Use Pe:rmit #89- 19 to allow for the installation of a second satellite dish at 1201 West County Road E. The approval of this arrendrrent is subj ect to the following conditions. A. The satellite receiving antenna shall be located as near the center of the building as possible and as indicated in the Site Plan dated 11-22-94. . - __ - __n__ _____..._____ . B. The top rrost point of the antenna shall be no higher than . eleven (11) feet al:xJITe the level of the roof. C. One of the satellite receiving dishes located in the North side of the parking lot, South of the railroad tracks to be rem::1Iled as indicated on the Site Plan dated 11-22-94. This dish shall be rerroved no later than the date of installation of the new satellite dish. D. A wall or other rrechanical equiprent screening be constructed no later than July 15, 1995 which will screen all rooftop mechanical equiprent, including the satellite dish, fran view of any street or public/private property. This screening shall be awroved by the Planning Ccmnission as part of a Site Plan review p:r=ess BF\jt e . ---.-- . RAMADA HorEl and Conference Center . November 14, 1994 Brian Fritsinger City of Arden Hills Dear Brian, We are proposing to install a new 10' satellite dish on the roof of the 1st story commercial building. The dish will be installed in the center of the roof to screen it from all sides. The dish will be set in with the mechanical equipment already on the roof. The south side of the building facing County Road E has a 4" high wall along the roof edge that should help screen it from the South. We are not planning any other screening at this time. As you know we are converting to a Holiday Inn in 1995. During the renovation, they will be redesigning the exterior of the building, this will include a screening wall to be built along the entire roof edge. The final plans are not complete yet, so I don't know the height of the wall, but its purpose is to screen all of the e mechanical equipment. This should add a lot better screening for the satellite dish. This work will start as soon as the weather permits in the spring with plans to be completed by July 15th or sooner. We currently have 2 satellite dishes for our hotel building. We will be removing one dish as soon as we get approval for the new roof mounted satellite dish. Thank you, Tom Hearden Maintenance Manager Ramada Hotel & Conference Center . 1201 West County Road E . St. Paul. Minnesota 55112. (612) 636-4123 . Fax (612) 636-2526 . Toll Free Direct 1-800-777-2232 -- -- ----- --- . . / . ".'. ~ . . ........; e ("', - i . 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This mount is capable of interfacing with all popular receivers and features = 0 to .14 degrees combined electrical and mechanical pointing accuracy. The mount has snow dumping capability and will not freeze up in winter. Die-forming of expanded aluminum mesh forms a e parabola directly into the mesh panel. These double curvature mesh panels insure the parabolic accuracy necessary to provide superior CIKu reception. The mesh panels are locked into the T-Iock rib with uniform hydraulic pressure to assure mesh retention while contributing to the SST-lO's clean, pleasing appearance. A black, baked-on powder coating is used on all parts of the SST-10. This coating offers excellent pro- tection from most extreme weather conditions. A five year limited warranty covers defects in mate- rial and workmanshi po A rear view of the SS"J:.I0 MOWill!l U&<< ring IhCHUIIt. A steel, pre-assembled polar mount, front hub and ring mount allow speedy assembly by one man. The ring mount and front hub hold all four sections in place for the forming of an accurate, parabolic antenna. A sturdy quad feed or button.hook feed support is available for the SST-lO. , ORBlfRON 351 S. Peterson St. Spring Green, WI 53588 USA (608) 588-2923 FAX (608) 588-2257 Telex 262081 __~""-"."-'.r" "'-'L.'..".~-;"--'-_""''-___'_..".M.-'''_' ;._~,~~..")<~~~.;~_~_;;p,o'~_"_"'~"'""~"'~....""",... "!",~....'''''' -"_."-:'~' :""~." ',"--, , ..~....- ------- ---- . . . . c > . INN OF ARDEN HILLS ROOF DIAGRAM /lX' .' . ( .or .". ~ . , (4) f:r , G. . , VII' --- . ~ '1fJ' . " YJ' L _. 13' aD '-\0'?c $' - ..., \J) .:lo' a j ~ :> Q -1-, !:\ C - -'t" 'rt> ~ - /r' '-tl Cl....... 0 \J\ 1~' _f '" "'--.$) . -: C. ""'{l ---\ , C> . <II> .3 [1> ~~. TI' ~- .', ID' --I () ~ ::-- *'1" rr'-h~~ a::> . c ~, '^l~' ?:J . -lfl' ".;1.' R - fJ, - "V '-' '- .:;:-- ""'-\> --- 1- I ~ ~ . - ,.,. , - - .(D 3')1 . !:J\:~i-' . .. - . ". It..... () p,- :::. . . ~", .... .~ '1-' "'::l::.. ('I . 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FROM: Brian Fritsinger, Community Planning coordina~ SUBJECT: Case #94-26, Front Yard Setback Variance Applicant: Paul and Mary Crosby Relluest The applicant is requesting a sixteen (16) foot front yard variance for the construction of a new home at 1485 Arden Place West. Backe-round The Planning Commission reviewed this request at its November 2, 1994 meeting. At this meeting, the request was tabled pending further information from the applicant. The 4t Commission should review the Staff Report dated October 19,1994 for the specific elements of this request. The applicant was asked to provide additional information about the home and schematics which would allow the Commission to better visualize the home. This included the building pad elevations and other pertinent information. The applicant has prepared a model for viewing which will be available at the meeting and attached is the elevation drawing requested. New Findin~s 1. Precedent The applicant has provided as part of the application, several examples of other properties in the general vicinity of this parcel that have homes which encroach into the setback areas. Of these properties, only 1548 Arden Place was found to have been granted a front yard setback variance. This 20 foot front yard setback variance was for the construction of a ne.w garage. The conditions detailed in Section VIII, D, 4 to grant a variance do not differentiate between living space and garage space. Those same conditions, if present, would apply in either case. The variance granted to 1548 Arden Place was based upon the deep drop-off or slope of the lot. This same condition exists on the applicant's lot. . l' , 2 - 2. Neighborhood The Commission should note that this area of Arden Hills was platted and built prior to the existing ordinance. Because of this, there is a great deal of setback uniformity where homes encroach upon the street. This is not out of character on Arden Place due to the curved street and lack of straight lines. The applicant's home is technically the only home which fronts upon Arden Place on the north side of the street. While 1479 Arden Place does have its driveway extending to Arden Place, its front yard is considered to be on Highway 10. This in turn, creates a situation whereby 1479 Arden Place encroaches upon 1485 Arden Place due to the lack of a 30 foot rear yard setback. The placement of the new home on the lot in compliance with the required setbacks would only exasperate the situation. 3. BuiIdinfl Pad The applicant has provided a massing study and building pad for the proposed home. As the plan shows, only a portion of the home will encroach into the setback area. A large percentage of the home will be located within the required 40 foot setback area. From the elevation drawing, the applicant has shown how the home will look from , Arden place. The existing trees will be incorporated as much as possible to soften the encroaclunent. The attached sketch details a home which is 20 feet in height from the 930 contour line. (see survey). The home itself is about 2500 square feet mSlze. Options 1. Move to approve the sixteen (16) foot front yard variance for the construction of a home. 2. Deny the request for a sixteen (16) foot front yard variance for the construction of a home as the conditions necessary to grant a variance are not present. 3. Table the request for further information from Staff. . . , - ~ Recommendations Staff would recommend approval of the request for a sixteen (16) foot front yard variance for the construction of a home at 1485 Arden Place based on the following findings. 1. The deep drop existing on the site; 2. Impact on the existing drainage patterns; 3. Impact on the adjacent house if constructed under the required setbacks; and 4. The unusual terrain prohibits the reasonable development of the lot. . BFlkms . '94 U/Ol 09:07 FAX 9JJ75J25 II S & R 141002 . TOf=OGf=c.Ar=~ Ie =U~YE'r' IIOR, HAR6TotD CClMPANIU ~: L.ot I", l5'oc:K. ~, ""ROIN HIL.l.& 0,9) l 1\ --- 1'1 ,'\ -.......... , , , , -G."t- ; o;~ , ell, ~;~ C" Li'_ :?> o-g.. 0.0 <.'l -" '?nz Note: only oak tr.l!I.5I all! shO....',. .... 0' 0 lr' Pf<oFtlS!;P \ 0 \..OCAi'I"N \ OF J-SEl-l ~ <.fl0' ~~ HOvs. e. AlJ'O !->;'-l RW -"'r""'_ -- ~COo'lj:) lie uNoe"- "lMs: 'ell-~~ .O? if V.ARw.lC:;c "'03 "'", ~L.121/. ...~ ~o~(tl o.~ Sc",EMc.- C ~ 0 o 0 0.- ... View F'olr-!T OF ""l""' '!' l:i , ~ ,. cL-EVA"llt'N /~ ". .. ---- .-._,~._.-.. </ '" . . Ollnotea found irOI')" monumnet "".... ~,T 0_.""._...._ I I .;J R.LS. 9808 /. I UNt: INt:llc.A~ J J ~ I / ;" 1~~FtG"~ /!fJ :) sonitary / 1. ~/ '.wer m.h. I} I iov,-906.47 ~ I hueIJy t:fW'lffy If.", I.h;~ S,"",WIlIY, pi"" ., '...., "Oll' pre"a(N by me Of" W'ldCf' my t:UrDct fUDifI"I/l,"''' IJIld J;IlU I """ a Ny Rft}bul'1'4 LOt''' 5""""')9" undu t,,~& 01 Ulot Stele of Minflcsolo. ;~ ?(10, ._~. .... . L ~ Dol" RI!!.):;'! Reg_ No. \/7t.,S . GRAPHIC SCALE .ft ~ 114. IIIUO . ~. INC. I ~ fLW',... J.M ( IN 'EEI' ) ~18<!l U1x1~T"" AYl!. "e CI~I.I. F'INlle., """'" &&elA I Inch'" 3D tL TL 'ell) ~15. _liC. {.IV ,....-ocn . ..~; . . .. :. ;:i:; ~ ..::\,j U " ~ i,i (,;::'1 (:q ';'1'," ~ i":'j '._," ~ :.. '. ifJ. ~ ,-,' 0 ~ ~ ~ r-< iZl ~ 0:: tI ~ ~ ~ ~ 0 ~ 0 ..l ~ ~ ..l ;;s Ci.. Z "'-l 4' ~ ~ ~ 0 ::s 0 ,. > ~ .~T_ ~ ~ z 0 CIl - r-< 0 ~ 0 "'-l t.r) ..l C"'-l "'-l ~ ~ 0 :r:: 0 U _--;.,-:.~=:--r.:"" r-< -- ,k. ~ "'-l :."-:-::--:.==- ~ . iZl Q ~ ~ ifJ. d ..,..;:.:..;~.,t'~::-:'>:""-"'i-!' ~ . J.~!.:i"?/;,::'-;r,. ',~" ..".:... . .,.. r./J. ,. i:t!. I. fi~'3f~: Ilt.,_,:~~"'I.:s.;~.."=lC;' i~i;::l,',:"';.:''',.'-l':J~I,i:.~..;:-:- ~ ifJ. ',:,: .1Io'~(~j.lJL~:f':-':{,""':'~...~ ~"_-'=:L'" '._~_, ',. ~ ?<,~~;,~~~;il ;;s , . . CJ:'1Y OF ARDEN HILLS MI!MJRANDOM DATE: NOvember 29, 1994 TO: Arden Hills Pl:onning Carmission ~ FRCM: Brian Frits:i.nger, C'rnmlmity pl:onning Coordinat= ~ SUI3oJECl' : Case *94-28, Side Yard Setback Variance Awlicant: John and Dawn r'UK\!...en Reatl,:t.f:lt The applicant is requesting a Side Yard Setback Variance of 20' feet to add a garage and to expand the living areas at 3487 Ridgew:xxi Road. Backaround This lot was originally platted in the early 1960' s as part of the Arden Hills #1 subdivision. The existing hare was built in 1951 and was one of the first hcrres built after the City's incorporation. e However, there was an addition constructed in 1967. This is a comer lot which has similar dimensions to those other lots in the area. However, as a corner lot the ordinance requires a 40 f=t setback on roth Ridgew:xxi Court and Arden Place. J;I'; T1n; "(!'~ 1. Location - 3487 Ridgew:xxi Road 2. Zoning - R-l Single Family Residential 3. Setbacks R.eCJ!1'; n:=tif ,;,~.... ~sed Front Yard - 40' 71' 40' Side Yard Comer - 40' 20' 20' Side Yard - 10' 10' 10' Rear Yard - 30' 74' 30' , ------~- , , . 4. ~,..I""It'\-Fl""n"m"lntT 91;ln;'I"It"ft:I: and Lots '!he lot has a 75' width by 199.49' depth. Under the =rent ordinance this lot is required to have a 95' width at setback. Both the width of the lot and the =rent setbacks of the hotre would categorize this as a nonconforming lot and building. I have asked our City attorney to evaluate this application under this section of the ordinance because of salE =erns that staff has with Section IX, A, 2. This section specifically states that if the nanoonfarmity is due to the height, setbacks and/or lot area the nonoonforrnity is rrerely teclmical in nature and it shall be exempt fran the provisions of this section. While the resulting interpretation of this is that our non.=Jfonning ordinance doesn't apply, staff didn't feel that this was the intent of the ordinance. Mr. Filla has indicated that the last sentence of Section IX, A, 2, if read by itself, appears to indicate that any non.=Jforming building would be allowed to beccme rrore non.=Jforming so long as the additional oonforrnity bad to do with height, setback or lot area. If this interpretation is correct, it \\OUld seem to - be contrary to the provisions of Section IX, A, 1; Section IX, A, 2, Section IX, E; and Section IX, I. Mr. Filla does not believe this part of the City Ordinance can be interpreted in this manner, instead he believes that Section IX, A,2 should be read in =junction with Section IX, H. '!he meaning of this part of the code is that a nonoonforming building does not have to be arrortized out of existence so long as the non.=Jforrnity has to do with height, setback or lot area. In =clusion, Mr. Filla did recognize a problem exists with this p::>rtion of the ordinance and suggested that the City try to solve this inte:rpretation problem legislatively. 5. N,:ll;nn'hnT";ng IJ"L.vloJIC.I..Lies All of the lots in Block 1, Arden Hills Subdivision have a similar lot width of 75 feet. However, because of the differences in side yard setbacks the other banes rreet the required 10' setback. '!he neighborhood was developed prior to present zoning standards . so rrost banes in this area do not confonn to present standards (ie: 75 feet wide while 95 feet is now required) . 6. Prior Prec...-l"",t- . In researching this request, staff found several exarrples in the 1980' s where side yard setback variances were granted for corner lots. A n:umber of these were corner lots which were built up:lIl when the side yard corner setback was only 20 feet. In fact the hare at 1777 Gramsie Road was granted a variance because it did not exceed the current setback of the hare. For the rrost part, however, the variances were granted because the hares were originally =tructed with the 20 fcot side yard comer setback rather than the current 40 feet setback. \ 7. Conditions for a Varim1t"'e Section VIII, D, 4 (c) details the caxlitions reqUired for a variance. A variance or variances rray be granted frc:m specific provisions of this ordinance because such land factors as length of a side of a lot, the shape of the lot or the unusual terrain prohibit reasonable developrent equivalent to that which \\OUld be permitted without variance on a similar sizj:! lot located in the same district, but which has no unusual cobfiguration. Staff would argue that under this definition thS clause "the shape of lot prohibits the reasonable developrent equivalent to , - that which would be permitted without variance;on a similar size lot in the same district", w::lUld support the ~ting of this variance request. In other v.ords, the additi~ 30 feet side yard setback requirerrent does not allow this hq:re to be expanded ,. -, whereas other hares on this block: w::lUld be pe:rpti.~ted to expand under the setback requirements with the same siZE!! lot. Under Section IX, 1; the expansion does not augn'ent the nonconformity because it is not increasing the 'encroachrrent into the setback area beyond the existing setback. 8. Ot-11"'-,," ExDansian Ootians Staff reviewed the potential for expanding thehane in the front yard which w::lUld carply with the Zoning Ordinance. The applicant elected not to pursue the expansion in this direction for a n:umber of reasons of which the rrost substantive were the loss of trees and the internal functionabilityof the hare. In acl.clition, the existing hares along Riclge1=xl Road maintain a front yard setback of approximately the same location and position as the Lundgren residence. An expansion into the front . yard would disrupt the sight lines on the block:. ------------- Ootians l. M.:lve to approve the request for a 20 f=t side yard variance for . the expansion of the hare at 3487 Ridgev.o:xi Road. Based on the findings of staff which support the conditions necessary for the granting of a variance. 2. Deny the request for a 20 f=t side yard variance for the expansion of the hare at 3487 Ri~ Road due to the fact that the conditions necesS<nY for the granting of a variance are not present. 3. Table the request for further infonnation fran staff. Reccmnendatian Staff ..ould recanrend the approval of the request f= a 20 f=t side yard variance for the expansion of the hare at 3487 Riclge<t.oxi Road based on the following fi.ru:lliJgs: . The expansion does not increase the existing setback encroachrrent . . The expansion ..ould be permitted on similar sized lots within this district and neighb::>rhood. - . 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