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HomeMy WebLinkAboutPCP 03-01-2006 Chair ~ 1245 W. Highway 96 David Sand ~HILLS Arden Hills, MN 55112 Commissioners 651.634.5120 Ken Bezdicek www.ci.arden-hills.mo.us Clayton Larson Arden Hills Dave McClung Planning Commission Liz Modesette Roberta Thompson Wednesday, March 1,2006 Clavton Zimmerman City Vision A strong connnunity that values our unique environment, our fiscal soundness, and our tradition as a desirable city in which to live, work, and plav. Agenda Planning Commission Convenes 7:00 PM Call to Order 1. AGENDA 2. MINUTES A. February I, 2006 Meeting 3. PUBLIC HEARINGS If A. Planning Case 06-005; Minor Subdivision & Variance; Richard Kotoski; 2015 Thorn Drive E. Planning Case 06-006; Variance; Westlund; 3352 Lake Johanna Blvd C. Planning Case 06-007; Site Plan Review; Bethel College; Bruce Kunkel; 3900 Bethel Drive D. Planning Case 06-008; Special Use Permit; Karin Muska; 3260 Snelling Ave N 4. UNFINISHED AND NEW BUSINESS A. Front Porch Encroachment Discussion 5. REPORTS 6. ADJOURNMENT A quorum of the City Council may be present at this meeting. . ARDEN HILLS PLANNING COMMISSION - FEBRUARY 1, 2006 MINUTES . CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, FEBRUARY 1, 2006 7:00 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER Chair Sand called the meeting to order at 7:05 p.m. ROLL CALL Present were Commissioners Clayton Larson, Elizabeth Modesette, Clayton Zimmerman, Roberta Thompson, David McClung, Ken Bezdicek and Chair David Sand. Absent: Commissioner Ken Bezdicek. Also present were Councilmember David Grant, Mayor Beverly Aplikowski, Community Development Director, Karen Barton, City Planner James Lehnhoff, and Recording Secretary Kathleen Altman. A. APPROVAL OF MINUTES FROM PLANNING COMMISSION MEETING . HELD ON JANUARY 4, 2006. Commissioner McClung requested the following changes: Page 1, change Mayor Aplikowski to Councilmember Grant as the individual performing the swearing in ceremony. Page 3, second paragraph, second line, insert "electric" before rates. Page 6, paragraph 6, lines 4 and 5, should read: "He indicated he was concerned if the City allowed the applicant to put this in..." Commissioner Zimmerman moved, seconded by Commissioner Larson to approve the January 4, 2006 minutes as amended. The motion carried unanimously (7-0). PUBLIC HEARINGS A. PLANNING CASE #06-001 - DENNIS AND ANN CLARIDGE, 4038 VALENTINE COURT; MINOR SUBDIVISION Mr. Lehnoff stated applicants were requesting a Minor Subdivision to subdivide a 2.37 acre parcel into three residential lots in the R-l Zone, Staff recommended approval based on the following conditions: . 1. The applicant shall provide the City with a copy of the right-of-way permit granted by Ramsey County for Parcel C's access to Old Highway 10 before any building permits are issued for Parcel C. I -- ARDEN HILLS PLANNING COMMISSION - FEBRUARY 1,2006 2 3. The applicant shall provide a 12-foot drainage and utility easement on the street right-of-way and a 12-foot drainage centered on the lot line. . 4. The applicant shall pay a park dedication fee before filing the subdivision with Ramsey County. The dedication fee shall be determined by the City Council. 5. Any extension of City services for the new lot shall be subject to approval by the City Engineer and all associated costs shall be the responsibility of the applicant. 6, The applicant shall comply with applicable provisions of the City Code and related ordinances, Chair Sand opened the public hearing at 7:12 p.m. Chair Sand invited anyone for or against the request to come forward and make comment. Al La Vallc, 4057 Valentine Court, asked if there was a possibility of townhomes being built on this site. He noted the street was narrow and asked what the possibility was that the street would be widened in the future if the development needed a wider street. Mr. Lehnhoff stated the applicant has not indicated future plans. He outlined the requirements applicant would need to meet in order to put in a duplex, With respect to future assessments, he did not have that information, but there would be sufficient room for a driveway. Me. LaValle expressed concern about emergency vehicles access in the area. Commissioner Larson asked if the entire right-of-way had been used. Mr. Lehnhoff . responded he did not have that information. Commissioner McClung stated he was not aware of any concerns from the Fire Department in this area, so he did not believe one additional property in this area would be so burdensome that the street would need to be rebuilt before the streets were slated for rebuilding. Julie Jones, 4030 Valentine Court, noted this was a tight circle and the garbage truck could not make the cirele without backing up. She noted as more driveways were added, this would be more problematic and this was a concern of hers. She indicated the access was on a very sharp curve, which might create a potential danger. Dennis Claridge, 3300 Katie Lane, applicant, asked what the park dedication fee was going to be. He believed the fee was too high. He indicated he agreed with all of the conditions with the exception of the park dedication fee. He noted two new homes would not increase the demand on City parks, He explained his reasoning why he believed the park dedication fee was too high. Chair Sand asked what his proposal was for future development. Mr. Claridge responded they would definitely not build townhomes on the site and he was proposing to build singlc-family homes. . 2 ARDEN HILLS PLANNING COMMISSION - FEBRUARY 1,2006 3 Commissioner Zimmerman asked if they would have a developer develop the site, or . would he develop it himself. Mr. Claridge responded he was not sure who would do the developing at this time. Julie Jones noted Lot C backed up to a wetland, which had woodchucks living there. She asked if this proposal needed to undergo wildlife reelamations, or would that part of the property not be developed. Mr. Lehnhoff responded they would not be able to build into a wetland area without prior approval, but there was sufficient space to build on the lot without going into the wetland. He noted from his records, it did not appear this was had been labeled as a wetland area. Chair Sand closed the public hearing at 7:22 p.m. Commissioner Larson asked if rezoning would be necessary on Lot C. Mr. Lehnhoff responded rezoning would not be necessary. He noted the cul-de-sac was not the average cul-de-sac with the tree growing in the middle of it and if they needed more space, the ccnter area could be taken out. Commissioner Thompson asked if the cul-de-sac would have to be up to code fTom a safety perspective in the future if reconstruction was necessary. Mr. Lehnhoffresponded he believed it would be necessary, but he did not believe additional right-of-way would need to be acquired. . Chair Sand asked for comments regarding the park dedication fee. Commissioner Larson noted stan's report indicated this was up to the City Council's decision and he did not believe they should make comments in favor or against this. Commissioner McClung stated it was clear the park dedication fee was 6 percent and he was in supportive of that and he stated he would offer an amendment to Condition 4. Commissioner McClung moved, seconded by Commissioner Zimmerman to recommend approval of Planning Case No. 06-001, Dennis and Ann Claridge, 4038 Valentine Court, request for a Minor Subdivision to subdivide a 2.37 acre parccl into three residential lots in the R-I Zone subject to the six conditions as noted in staff's January 24, 2006 report and amending condition 3 to read: The applicant shall provide a 12-foot drainage and utility easement on the street right-of-way and a 12-foot drainage and utility easement as centered on the lot line; condition 4 amended to read: The applicant shall pay a park dedication fee before filing the subdivision with Ramsey County. The park dedication fee shall be six percent of the land vale of the property at the time of final approval of the subdivision per Arden Hills Ordinance. The motion carried unanimously (7-0). B. PLANNING CASE 06-002: GARY FINDELL, 1401 SKILES LANE, V ARlANCE AND MINOR SUBDIVISION . Mr. Lehnhoff stated the applicant was requesting a minor subdivision to subdivide a .82 acre (35,527 square feet) parcel into two properties in the R-l Single-Family Residential Zone. The applicants arc also requesting a variance to allow the existing structure on the 3 ARDEN HILLS PLANNING COMMISSION - FEBRUARY 1, 2006 4 property to remain, which would encroach on the side yard setback of the new property line between the two proposed lots. Staff recommended approval of the minor . subdivision subject to the following conditions: 1. The applicant shall file the minor subdivision with the Ramsey County Recorder and shall provide the City with a recorded copy within sixty days of the final approval date. 2. The applicant shall file the 2I-foot drainage and utility easement with the Ramsey County and shall provide the City with a recorded copy within sixty days of the final approval date. The restrictive easement may be incorporated with the deed for the land or submittcd as a separate recordable document. 3. The applicant shall pay a park dedication fee of six percent of the market value of the land at the time of the final approval of the subdivision. The portion of the existing structure that is designated for removal on the submitted survey shall be removed before any new building permits are issued for any structures on either lot except for any permits needed to remove the required portion of the existing dwelling. 4. The structure on the western lot shall be moved to a location that meets all required setbacks of the R-I zone, including the front lot setback of 40 feet from the right-of- way, Any additions to the existing dwelling on the western lot shall meet all setback requirements. 5. The structure on the western lot shall be moved into a location that meets all required setbacks before any building permits are issued for any new structures on either lot except for any pennits needed to move the structure into a conforming location. Any new structures on the western lot shall not encroach any closer than 21 feet to the . western lot line to preserve a total of 25 feet of the side lot setback as required in the R-l Zone. 6. Any extension of City services for the new lot shall be subject to approval by the City Engineer and all associated costs shall be the responsibility of the applicant. The six pine trees, two oak trees, and one elm tree between the western edge of the existing structure alld the western lot line shall not be removed without approval of the City Council (The trees and their location are identified on the Site Development Plan for 1401 Skiles Lane). If the trees are determined by the City to be dead or dying, the trees may be removed and shall be replaced in accordance with the Design Requirements of the Lalldscape Plan provisions of Appendix A, Procedural Manual, of the City of Arden Hills Zoning Ordinance. 7. The applicant shall comply with applicant provisions of the City Code and related ordinances. The applicant shall pay a park dedication fee before filing the subdivision with Ramsey County. The dedication fee shall be determined by the City Council. 8. Any extension of City services for the new lot shall be subject to approval by the City Engineer and all associated costs shall be the responsibility of the applicant. 9. The applicant shall comply with applicable provisions of the City Code and related ordinances. Commissioner Larson asked for elarification on the deed rcstriction area, Mr. Lehnhoff stated the applicant was proposing a drainage and utility easement, which was meant to . keep open space between the properties and the easement would be recorded on the deed to ensure it was continued into the future. 4 ARDEN HILLS PLANNING COMMISSION - FEBRUARY 1,2006 5 Commissioner Larson inquired about the mature trees on the west side of the parcel. He . asked what bearing did that have on where the property line was. Mr. Lehnhoff responded the reason they wanted to protect the trees was because if the variance was not approved, the structure would need to be moved to the west by at least six feet, which would require the removal of the mature trees, Commissioner Zimmerman asked if the property would need to be moved back 8 feet to meet the front-yard setback. Mr. Lehnhoff responded it would need to be moved back 8 feet if the variance was not approved but the minor subdivision was approved. Chair Sand asked if the house were to be moved to the west in order to alleviate the variance issue, would it impact the rear yard set back. Mr. Lehnhoff responded it would not. He noted if the structure was moved, there would no reason to ask for a variance. Commissioner Modesette asked how the 21-foot drainage and utility easement would be a needed requirement to keep the proper separation between the properties. Mr. Lehnhoff noted condition 2 would need to be modified to 12 feet and not 21 feet ifthe variance was not approved but the minor subdivision was approved. Chair Sand opened the public hearing at 7:36 p.m. Chair Sand invited anyone for or against the request to come forward and make comment. . Letter received dated January 28,2006 from Mike and Karen Stephens, 3484 Glenarden Road: "This is in regard to the request for a variance on the above referenced property. In the year after we moved to the above address, we requested a variance of 4' bordering on a road that would never be extended or widened - a dead end with Snelling Avenue on the east. It was not approved, nor was a subsequent request for a small variance on another part of our property. Although not pleased, we certainly understood the reason for adherence to a non-variance policy. The zoning policies were part of the reason for our moving to Arden Hills. To that end, we are against the requested variance at 1501 (sic) Skiles. Tearing down the present building and erecting two homes properly is one possibility, but there is no way that an additional home on the property - as it presently exists - would be appropriate." Charlie Kinkead, 1385 Skiles, stated he was concerned about the trees in the neighborhood. He noted they lost a lot of mature trees from last year's September storms. He stated he believed they would need to take down a minimum of five trees to build a structure on the empty lot, and not two trees as indicated. He stated if they also had to move the structure to the west and back 8 feet, more mature oak trees would be lost. He asked if the applicant was going to live in one of these two homes, or would both homes be sold. He noted if applicant was not going to Jive in the neighborhood, he would not care how the neighborhood would look. He expressed concern about a story and a half house and noted the character of the neighborhood was rambler homes. He . stated the neighborhood could not afford to lose more trees and this was his main concern. Mr. Lehnhoff stated in the ordinance there was not a specific reference to protection oftrecs as a hardship and therefore this was a gray area, but if the Commission 5 ARDEN HILLS PLANNING COMMISSION - FEBRUARY 1,2006 6 believed they were protecting the public by keeping the trees, then there would be a . hardship. He noted if the variance was not approved, this would not make a difference. Gary Findell, applicant, presented the survey showing the trees. He explained what he was proposing to do with the lot. He noted an alternative was to move the house so there would be no variances required, but that would entail removing significant trees to move the house, He stated he intended on living in one of the homes being built. He showed an example of a one and one-half store house to the Commission. He showed the two trees that would bc required to be removed with the building of the new home. Commissioner Zimmerman stated there appeared to be about 31 feet between the two homes, He noted the side yard setback was 10 feet. He asked why he did not divide the difference with the new property line and that way they would not need the utility easement or variance. Mr. Findell responded the building plans for the new home were not definite and he wanted the variance and subdivision before finalizing the design of the home. Mr. Lehnhoff stated if the lot line were moved farther to the east, the eastern lot would not meet minimum lot width requirements. Richard Navratil, 1415 Skiles Lane, cxpressed concern about the trees. He indicated the trees added a lot of character to the neighborhood. He stated ifthey removed a portion of the existing home, it would become smaller. He asked ifthere was a minimum structure size. He suggested the main entrylbreezeway be removed and the house moved over then . thc trees could be preserved on the west side. He indicated he did not want to see the house smaller. He stated there was also the possibility to add a second story to the home to have it more like the rest of the neighborhood in home size. He stated he did like the picture of the possible proposed new home Mr. Findell presented. Mr. Findell stated the plans for the old home was to remove the living room and finish off the area between the home and garage, which would add more feet onto the home than they were taking off. Mark Bohnenstinge, 1394 Skiles, stated he was concerned about the trees also. He asked if it was possible to add a condition to require the homeowner to add additional trees if trecs were removed. He asked if there was a maximum square footage for a single-family home, He expressed concern that because the developer did not have a specific design in mind for the new home, the home would be too large. He asked if there was an ordinance for rental property under single-family homes. He expressed concern the existing home might be placed up for rent, which he believed would degrade the value of other homes in the area. Mr. Lehnhoff responded they did not have specific tree ordinances on residential properties, but because this was a variance, the City could add restrictions on trees. With respect to a maximum square footage limitation, there was a lot coverage limit. He stated the structure could not cover more than 25 percent of the lot. He noted the minimum width for a structure size was 20 feet, which would be 400 square feet. With respect to renting homes, this was out of the Commissioner's scope of decisions and . this would be a Council decision. He noted there was a height limit of 35 feet on a structure also. 6 ARDEN HILLS PLANNING COMMISSION - FEBRUARY 1,2006 7 Charlie Kinkead, 1385 Skiles, noted the trees close to the home would die also and he . asked them to put a condition in if the trees died they were required to be replaced with larger caliper trees. He asked how the City would control how large the new home would be. Chair Sand stated at this level, they were addressing isolated issues only and when it gets into the aesthetics of the home, this went into the Council's territory. He noted the Commission did not make any final decisions and they were only a recommending body to the Council. Mike Zoff, 3500 Glenarden, asked if the variance was granted, would that include the removal of a part of the existing structure. Chair Sand stated if the variance was granted, part of the living room would be removed, but the structure would remain where it was presently located. Sue Hangge, 1400 Forest Lane, stated she has lived in the neighborhood for 26 years and enjoycd the trees. She expressed concern about losing more trees and the disease of possible trees. She expressed concern about the size of the proposed new structure and the close proximity of the two homes. She did not believc this would fit into the neighborhood and it was too small. Chair Sand closed the public hearing at 8:03 p.m. Commissioncr Larson asked if this lot could be 85 feet wide if it were in the R-3 zone. Mr. Lehnhoffresponded 85 feet would be the width of an R-3 zone. . Commissioner Larson stated he was against subdividing property that would then result in a non-conforming structure on the property. Hc stated if they could move the property line to the east, giving them the 10-foot setback he would be comfortable with that as long as the other lot met the subdivision requirements. He stated moving the house seemed like they would lose a lot of trees and it made more sense to move the property line to make it conforming. He stated perhaps they could table this particular request and have staff work with applicant to give them a new plat that would satisfy the setback requirements, which would remove the necd for any variances. Mr. Lehnhoff stated if they wanted the applicant to do this, it would require a denial and re-submittal because this would be a differcnt request. Chair Sand askcd if this would necessarily be rezoned to R-3. Mr. Lehnhoffresponded it did not and they needed to be concerned about spot zoning, whcn it might be much better to have a comprehensive rezoning of the entire neighborhood, Chair Sand noted R-3 zoning would also entitled them to multi-family homes, which was also a concern. Commissioner Larson stated building multiple homes on this lot would be controlled by thc square footage of the lot. Chair Sand replied they could build an up/down duplex howcver. . Commissioner Larson stated he would not be in favor of granting this subdivision bccause they were granting a non-conforming use. 7 -------..----...- ARDEN HILLS PLANNING COMMISSION - FEBRUARY 1,2006 8 Commissioner Thompson stated with respect to the hardship issue, she did not see there was an adequate hardship based on the requirements. She noted the house and lot were . there and it was purchased as it was. She believed this would also disturb the character of the neighborhood. Commissioner Zimmerman stated he was concerned about granting the variance because even though there was a 21-foot drainage easement, a significant portion of that would be covered by the driveway of the new house, so to say there would be no construction on the easement was not a true statement. Commissioner McClw1g stated in looking through the findings that they would need to find in order to grant the variance, he could not make that finding, so he would have to oppose a variance in the case. Chair Sand if they were to deny this they would need to find findings to support the denial. Commissioner Thompson moved, seconded by Commissioner Larson to deny Planning Case No, 06-002, Gary Findell, 1401 Skiles Lane, Minor Subdivision based on the following findings: This is based on the variance and house being moved to account for that variance. In regard to public welfare, it is considered detrimental to the adjacent tracks in the area in which the subdivision would be located. With respect to the zoning compliance, the parcels of tracks resulting from the division or consolidation, as depicted in the surveyor registered land survey, shall not have an area, dimension or setbacks, . which are less than the minimum requirements. The motion carried (6-1 - Commissioner Modesette opposed). Commissioner Thompson moved, seconded by Commissioner Larson to deny Planning Case No. 06-002, Gary Findell, 1401 Skiles Lane, Variance based on the following findings: The variance fails to show a hardship and it is not in character with the neighborhood. The motion carried unanimously (7-0). C. PLANNING CASE 06-003: CELESTICA: 4300 ROUND LAKE ROAD; SPECIAL USE PERMIT AMENDMENT Mr. Lehnhoffstated applicant was requesting a Special Use Permit (SUP) Amendment to Planning Case #96-12 to allow for a site plan modification that would allow the installation of two exterior make-up air handling units. Staff recommended approval of the Special Use Permit Amendment subject to the following conditions: 1. The applicant shall continue to abide by the conditions of approval listed in Special Use Permit #96-12, 97-23, 00-40, 01-08, 02-33, and any other approved permits. (Permits 01-12a and 01-12b have expired and do not apply). . 2. The applicant shall be required to obtain all necessary building permits before construction bcgins. 8 ARDEN HILLS PLANNING COMMISSION - FEBRUARY 1,2006 9 3. The appropriate building permits for the air handlers shall be obtained within one . ycar and construction shall be completed within two years or the permit shall expire. The Council may extend the expiration dates of this approval upon written application of the applicant. 4, The fencing shall be installed as proposed immediately after installation of the air handling units. 5. Any trees that have died since the initial development of the site must be replaced per landscape plans approved by staff no later than June 1, 2006. 6. The applicant shall be required to submit a noise mitigation plan in the future if the City receives complaints regarding noise generation by the unit and said complaints are validated by City Staff 7. Should the off-site parking that Celestica's employees are currently using become available or inadequate, Celestica shall reapply for a special use permit amendment to expand parking similar in nature to Planning Case 01-12a and 01-12b. These applications shall require City review under the standard review process for a special use permit amendment. 8. The air handling units shall be installed in accordance with the plans submitted. Minor modifications may be made to the plans subject to approval by the City Planner. Significant changes to the plans require review and approval through the Site Plan Review Process. Commissioner Thompson inquired about the parking. Charles Patterson, representative of Celestica explained the parking requests and requirements. . Chair Sand opened the public hearing at 8:28 p.m. Chair Sand invited anyone for or against the request to come forward and make comment. There were no public comments made. Chair Sand closed the public hearing at 8:29 p.m. Commissioner McClung asked if the MPCA had been contacted concerning the noise regulations. Mr. Lehnhoffresponded staff was not able to get any confirmation from the MPCA in time for this meeting. Commissioner McClung stated he was concerned about the parking and insufficient parking. He stated they also had to consider the visual alld land use capability considering this was a gateway to the City. He noted the Chesapeake property was still not developed and he was concerned there would be improper screening to the adjoining properti es. Commissioner Modesette asked if the applicant had looked at locating the equipment on the roof. Mr. Patterson, applicant, rcsponded given the size and weight of the equipment, . it would require major structural modifications to the building and therefore they determined the best location would be on the ground. He noted the compressors would also create mechanical vibration which would generate noise and vibration within the building, which was an issue. 9 -- ---------..----- ARDEN HILLS PLANNING COMMISSION - FEBRUARY 1,2006 10 Tom Kaufhold, Celestica, explained their parking situation and the fact that their needs . for parking go up and down. He stated they had made a request for additional parking in 2001, but their business went down in 200 I and they did not need the additional parking. Now their business was such that the additional parking was needed. He also noted they were considering leasing an adjoining property, which would give them additional parking. With respect to adding the structures to the roof, he did not believe it would look very attractive and this would impact the Chesapeake property views more than if the structures were located at ground level. Commissioner Zimmerman asked if upgrading the parking spaces were contingent on the installation of the nitrogen tanle Mr. Lehnhoff responded it was not and they were entirely separate applications. Commissioner Zimmermall noted currently they were not in compliance with the zoning requirements and asked what the recourse was irrespective of the request brought before them tonight. Mr. Lehnhoff responded a condition could be added that applicant needed to bring their parking lot into compliance within a certain time period, or they could state when applicant needed additional parking, that applicant add it at that time. Commissioner Bezdicek asked if they had a long-term agreement for additional parking space. Mr. Kaufhold responded they did not have a long-term agreement, but they had an agreement with the adjoining property owners that if there was available parking, Celestica's employees could use them. . Commissioner Modesette asked where the entry point would be. Mr. Patterson replied the two existing dock doors they did not use would be the entry point and all duct work would run on thc interior of the building. Commissioner Zimmerman moved, seconded by Commissioner Larson to approve Planning Case No. 06-003, Special Use Permit (SUP) Amendment to Planning Case #96- 12 to allow for a site plan modification allowing the installation of two exterior make-up air handling units, subject to the eight conditions as noted in staffs January 24, 2006 report and adding recommendation nine to read: The applicant shall provide proof of additional parking to meet the current zoning requirement and this be in a signed letter by the owner of the property where they would obtain the additional parking spaces within a time period so spccified, and when that time period comes, the applicant shall come back for a special use pennit to reinstated the pelmits for the additional parking spaces necessary. The motion carried (6-1 - Commissioner McClung opposed). D. nANNING CASE 06-004: ODD FELLOWS, 1174 EDGEWATER AVENUE NORTH, MINOR SUBDIVISION AND CONSOLIDATION Mr. Lchnhoff stated applicant was requesting a Minor Subdivision to subdivide three lots . from the eastern side of the St. Paul Lodge #2 - LO.O.F. (Odd Fellows) property at 1174 Edgewater Avenue N and consolidate those three platted lots into a single 14,973 square 10 ------------ ARDEN HILLS PLANNING COMMISSION - FEBRUARY 1,2006 11 foot parcel. Staff recommended approval of the Special Use Permit Amendment subject . to the following conditions: 1. The applicant shall file a minor subdivision with the Ramsey County Recorder and shall provide the City with a recorded copy within three months ofthe final approval date, 2. The applicant shall pay a park dedication fee before filing the subdivision and consolidation with Ramsey County. The dedication fee shall be determined by the City Council. 3. The applicant shall sign a Declaration or Restrictive Covenants that is filed with the deed on the property. The City Attorney shall review the covenants before the subdivision is filed with Ramsey County. The Deelaration of Restrictive Covenants shall inelude the following: a. The property shall remain subject to the conditions in Planning Case #70-36 and 05-03. b. Lots 1, 2, and 3 of the Minor subdivision and Consolidated in Planning Case #06-004 shall not be further subdivided or reverted back to their originally platted lots as required by Condition 3 of Planning Case #05-03. c. The applicant agrees that the conditions of this Covenant and previous conditions placed on the property from Planning Case #70-36 and 05-03 cannot be changed or removed without written consent ofthe Arden Hills City Council. 4. Any extension of City services for the new lot shall be subject to approval by the City . Engineer and all associated costs shall be the responsibility ofthe applicant. 5. The applicant shall comply with applicable provisions of the City Code and related ordinances. Chair Sand opened the public hearing at 8:49 p.m. Chair Sand invited anyone for or against the request to come forward and make comment. Raymond Pogue, Represcnting Odd Fellows, stated they were intending on selling the one lot and he saw the rationale behind combining the lots. He indicated they had a buyer and he believed this would be good for the neighborhood. He stated they were proposing to put in a new parking lot as indicated last year. Chair Sand closed the public hearing at 8:52 p.m. Commissioner McClung moved, seconded by Commissioner Bezdicek to approve Planning Case No. 06-004, Odd Fellows, 1174 Edgewater Avenue N; Minor Subdivision and Consolidation, subject to the five conditions as noted in staffs January 24, 2006 report with amendment to number 2 to read: The applicant shall pay a park dedication fee before filing the subdivision with Ramsey County. The park dedication fee shall be six percent of the lalld vale of the property at the time of final approval ofthe subdivision . per Arden Hills Ordinance. The motion carried unanimously (7-0). 11 ----------- ------------ ARDEN HILLS PLANNING COMMISSION - FEBRUARY 1,2006 12 UNFINISHED AND NEW BUSINESS A. PLANNING CASE 05-21 - GARFIELD KACHEL. 1479 ARDEN PLACE. . VARIANCE - CONTINUATION Mr. Lehnoff stated at the January 4, 2006 Planning Commission meeting, the Commission voted to table the variance application based on the finding that there was insufficient information regarding the proposed accessibility improvements and addition to the home to make a recommendation on the variance request. A letter was sent to Mr. Kachel informing him that his request was tabled and requesting Mr. Kachel, or a designated rcpresentative, attend the February Planning Commission meeting to answer questions from the Planning Commission. Garfield Kachel, 1479 Arden Place, applicant, handed out a drawing showing his variance request. He noted the bathroom would increase in size by 87 percent and the bedroom would expand by 84 percent. He stated there were limitations in the present room with respect to access. He indicated the bathroom and bedroom doors would be increased to 36 inches. He notcd the changes he was requesting did not change the appearance of the home. Chair Sand noted in addition to the Hoor plan modification, the foundation system for the addition was a concern and if it met the Code requirements. Mr. Kachel responded he had talkcd to his contractor about this and the support of the extension of the bedroom area would require two vertical supports with concrete pads and he was assured by the . contractor that it would be in full compliance with City Code. He indicated the supports would be made out of poured concrete, He noted the ramp to thc front door was needed for possible future wheelchair access. Commissioner Zimmerman asked what the height of the longer pier was. Mr. Kachel responded he was not sure, but he believed it would be approximately six feet and he did not want to obstruct the existing windows in their lower level. Chair Sand asked if the slope shown on the elevation drawing was an accurate angle. Mr. Kachel replied it was accurate. He indicated this was not an easy lot to add onto and the only possibility they had was what was being proposed. Commission Larson asked if there were any othcr bedrooms on the main Hoor of the home. Mr. Kachel responded there were not any other bedrooms on the main Hoor. Chair Sand asked if there were other bedrooms on another level. Mr. Kachel responded they had another bedroom in their walkout basement. Chair Sand asked from a planning perspective, was this something that needed to be revicwed by staff before further recommendations could be made, Mr. Lehnhoff responded he was comfortable with what was presented tonight and nothing would change from a planning perspective and the only question he had was the foundation . perspective, but if the Commission was okay with it and it met building code, he would recommend approval. 12 ARDEN HILLS PLANNING COMMISSION - FEBRUARY 1,2006 13 Commissioner Zimmerman stated he wanted to make sure that by constructing this . addition, they did not exceed the maximum size limit of the lot. Mr. Kachel noted they were very limited with what they could do with the lot and the only way they could improve the home was to push this out to the south. Commissioner Larson stated he was not comfortable granting a variance based on accessibility improvements and he did not believe this met a variance requirement. He asked if the pier foundation met building code. Mr. Lehnhoff read the zoning code and noted it did not appear the pier structure was per zoning code. Mr. Kachel noted handicapped accessibility went to the heart of the space availability and he had attempted to address this with the design giving the limitations he had. Chair Sand stated he was concerned with the response to whether this met the foundation requirement. He stated he understood this met the building code requirements, but he was not sure it met the zoning code requirements. Commissioner Larson noted State Statutes allowed these types of foundation, but the City Code could make the requirements more restrictive. He noted the pier foundation would be allowed in the building code. Commissioner Zimmerman asked if applicant was required to have a solid foundation was he willing to go forward with the variance request. Mr. Kachel responded he would still go forward with the request to gain the additional bedroom and bathroom space. He . stated it was important to him to have the additional space. Commissioner Larson moved, seconded by McClung, to remove Planning Case 05-21 from the table. The motion earned unanimously (7-0). Commissioner Zimmerman moved, seconded by Commissioner Modesette to approve Planning Case No. 05-21, Garfield Kachel, 1479 Arden Place, Variance subject to the two conditions as noted in staffs December 20, 2005 report and adding condition 3 to read: That it must be in conformance with Section 6, Subd, E(8)(b) ~ Foundation requirement. Commissioner Larson stated he would vote against the motion because the expansion of this would not improve the accessibility in the house, which was the main reason stated for the variance request. Commissioner Modesette asked for additional information about residential handicapped accessibility. Commissioner Larson stated the requirements were not applicable to a single-family residential. However, within accessibility improvements to a house there were certain things that were universal ineluding size of doorways, bathrooms turnaround variances, etc. He noted while these were not required by law, they were universal . standards and he did not believe applicant had shown the need for these standards. Commissioner McClung stated he would agree with Commissioner Larson. 13 ARDEN HILLS PLANNING COMMISSION - FEBRUARY 1,2006 14 The motion carried (4-3 Commissioners Larson, McClung and Chair Sand opposed). REPORTS . A. Planning Commissioners Chair Sand welcomed Mr. Lehnhoff to the City. B, Staff None. C. Council Member Council Member Grallt updated the Commission on recent City Council actions, ADJOURNMENT Commissioner Larson moved, seconded by Commissioner Modesette to adjourn the meeting at 9:29 p.m. The motion carried unanimously (7-0). . . 14 -, . ~ ~HILLS MEMORANDUM DATE: February 21,2006 PC Agenda Item 3.A TO: Planning Commission FROM: James Lehnhoff, City Planner SUBJECT: PC #06-005 Richard Kotoski 2015 Thorn Drive Minor Subdivision & Variance ReQuested Action The applicant is requesting a minor subdivision to split a .70 acre (approximately 30,500 square feet) parcel into two properties in the R-2 Single & Two Family Residential Zone. The applicant is also requesting a variance for proposed Parcel B to be 81 feet wide, which is less than the . minimum 85 foot lot width for interior lots in the R-2 Zone. The subdivision application is contingent upon approval of the variance application. The applicant has submitted a letter stating the reasons for the hardship and subsequent variance. Back2round 1. Overview of Request The applicant is requesting a minor subdivision ofa .70 acre property at 2015 Thom Drive. Parcel A, a comer lot, is proposed to be 95 feet by 174 feet for a total area of 16,530 square feet. The minimum lot width for a lot in the R-2 Zone is typically 85 feet; however, Section 1130.07 Subd. 8 of the City Code of Ordinances requires comer lots to be ten feet wider than the minimum lot width for a particular zone. In this case, the minimum lot width is 95 feet for the comer lot. Parcel B, the interior lot, is proposed to be 81 feet by 173 for a total area of 14,013 square feet. The minimum lot width for interior lots is 85 feet; therefore, a variance is required to create a non-conforming lot due to substandard lot width. City of Arden Hills Planning Commission Meetingfor March 1. 2006 . \\Metro-inet.uslardenhillslPlmmingIP/anning Cnses\2006106-005 Koloski minor subdivision and variance (PENDING) \021606 - PC Report- Koloski Minor Subdivision & Varioni..'e.doc Pagelof7 The applicant proposes to demolish the existing dwelling and accessory structure. A letter has been submitted detailing the reason for the variance request. . 2. Site Data Low Density Residential Single Family Residential R-2: Single and Two Family Residential .70 acres (approximately 30,500 square feet) The property is generally flat. 3. Surrounding Area North Low Density Residential R-2: Single & Two Family Single Family Detached Residential Residential South Railroad Right-of-way Railroad Right-of-way Railroad Right-of-way East Low Density Residential R-2: Single & Two Family Single Family Detached Residential Residential West Low Density Residential R-2: Single & Two Family Single Family Detached Residential Residential . Plan Evaluation (Statutes & Findin2S of Fact) 1. Zoning Ordinance - Meets Requirements except for the minimum lot width for Parcel B. Both of the proposed lots exceed the minimum area requirement of 11,000 square feet. Except for the substandard lot width for Parcel B, all other requirements of the R-2 Zone are met. Proposed Parcel A has a building pad size of 5,096 square feet, and Parcel B has a building bad size of 6,666 square feet. Although Parcel B does have the substandard lot width, it has a larger building pad due to the two 40-foot front yard setbacks on Parcel A. The proposed minor subdivision is in the R-2 Single & Two Family Residential District: 1. 11,000 8,000 City of Arden Hills Planning Commission Meetingfor March J, 2006 \\Metro-inet.us\ardenhil/sIPlanning\Planning Cases12006\06-005 K%ski minor subdivision and variance (PEND1NG)\021606 - PC Report- . Koloski Minor Subdivision & Variance.doc Page 2 of 7 3. Minimum Lot Size (ft, width/depth/corner lot . width) Single Family 85/120/95 Two Family 85/120/95 4. Hei~ht ift.) 35 5. Floor Area Ratio (F.A.R.) 0.3 6. Lot Covered hy Structure 25% 7. Min. Landscape Lot Area 65% 8. Minimum Building Setbacks (f!) Front vard 40 Rear Yard (Principle) 30 Rear Yard (Accessorv) ]0 Side Yard Interior - Principal (Minltotal both yards on lot)' 5/15 Side Yard Interior- Accessory 10 Side Yard Corner 40 . 2. Subdivision Ordinance - Does not meet requirements Ordinance: Section] 150.04 of the City Code of Ordinances lists the requirements for subdividing previously platted property. Requirements that must be evaluated listed under Section 1150.04 include: 1. Survey: A survey showing the existing and proposed lots, 2. Zoning Compliance: The parcels or tracts resulting from the division or consolidation, as depicted in the surveyor registered land survey, shall not have an area, dimensions or setbacks which are less than the minimum requirements specified for the zoning district in which the parcels or tracts are located in the zoning ordinance. 3. Public Welfare: It is determined that the proposed division or consolidation will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located. 4. Conformity with the rest of the Subdivision Ordinance: The proposed division or consolidation shall conform to all requirements of the subdivision Ordinance unless given an exemption by the Planning Commission and City Council. 5. Fees: All filing fees must be paid. City of Arden Hills Planning Commission Meetingfor March 1, 2006 . \\Metro-inet.us\ardenhills\Planning\Pfanning Cnses\2006106-005 Koloski minor subdivision and variance (PENDfNG)\021606 PC Report- Koloski Minor Subdivision & Variance_doc Page 3 of7 Findings: . Staff has reviewed these criteria and offers the following findings of fact: 1. The submitted survey was prepared by a registered land surveyor and meets pertinent City requirements. 2. Parcel B, the interior lot, does not meet the minimum 85 foot lot width requirement. The proposed lots meet all other area requirements of the R-2 Zone. 3. While there are two lots immediately north of the subject with substandard lot widths, approximately 50 feet each, all other properties on Thom Drive in this neighborhood meet or exceed the minimum lot width. Although the subdivision may not be injurious to adjacent properties, Parcel B does fail to meet the full minimum requirements of the R-2 Zone. 4. The applicant has met all other applicable requirements of the Subdivision Ordinance. The proposed lots have access to a public road, have adequate buildable areas, and meet the requirements of the R-2 Zone. 5. All required application fees have been paid. This subdivision does result in the creation of one new residential lot. Under Section 1130.08 of the Subdivision Ordinance, the park dedication fee would apply to this case. The Recreation and Conservation portion (Subd. 2) requires that all subdivisions dedicate a portion of their land for recreation and conservation purposes or, as deemed comparable value by the City Council, pay a park dedication fee in place of a land dedication. A subdivision resulting in one new residential lot would require a land dedication of six percent. Given the small size of the potential land dedication and the availability of other nearby park facilities, a park dedication fee may be more . appropriate then a land dedication. In lieu of the land dedication, the City Council may require the applicant to pay, as an equivalent contribution, an amount in cash equal to the percentage of the land required to be dedicated, multiplied by the fair market value of the property at the time of the final approval of the subdivision. Should a fee be accepted in lieu of a land dedication, the park dedication fee would be six percent of the land value ofthe property at the time of final approval ofthe subdivision. The 2006 market value according to Ramsey County records is $105,500. This value would result in a park dedication fee of$6,330. 3. Granting a Variance for a Subdivision - Findings Required Ordinance: Section 1150.01 of the Subdivision Ordinance allows the City to grant a variance for a subdivision if the following conditions exist: 1. The hardship is not a mere inconvenience; City of Arden Hills Planning Commission Meetingjor March 1, 2006 IIMetro-inet.uslardenhillsIPlanningIPlannillg Casesi2006\06-005 Koloski minor subdivision and variance (PENDING)IJJ21606 PC Report- . Kotoski Minor Subdivi~.ion & Variance. doc Page 4 01'7 2. The condition or conditions upon which the request is based are unique and not generally applicable to other property; . 3. 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 11 of the City Code of Ordinance] chapter, the zoning ordinance and comprehensive plan. Findings: Staff has reviewed the variance criteria and offers the following findings: 1. The hardship is based on an inconvenience. The property currently has reasonable use and can accommodate a single-family dwelling that is comparable to others in the neighborhood and meets all requirements of the R-2 Zone without the need for a varIance. 2. The conditions on the property are generally not unique. Most residential properties in the neighborhood and throughout the City are already subdivided to their smallest possible size under the current Ordinance. While a corner lot does require ten more feet in width than interior lots, that regulation is applied to other corner properties as well. 3. While this subdivision may not be directly detrimental to the public welfare or adjacent lots, allowing the creation of new, non-conforming lot is contradictory to the Zoning Ordinance and the Subdivision Ordinance when there is currently reasonable use of the property. Two-Familv Structures in the R-2 Zoue . In the letter of explanation from the applicant, there is a reference to constructing twin homes or a two-family unit on the lot. Two-family dwellings are allowed by Special Use Permit in the R-2 Zone. The minimum lot width would be 120 feet, and the minimum lot size would be 16,000 square feet (minimum 8,000 square feet per dwelling unit). While the lot does appear to have the proper dimensions for a two-family unit dwelling, that type of proposal would be evaluated through the special use permitting process. Section 8.D.3.b of the Arden Hills Zoning Ordinance lists the criteria for evaluating a Special Use Permit (SUP). When evaluating a SUP, the Planning Commission and City Council would need to consider the effect of the proposed use upon the health, safety, convenience and general welfare of the owners and occupants of the surrounding land and the community as a whole. The evaluation criteria are based on, though not exclusively, on the following factors: 1. Existing and anticipated traffic and parking conditions; 2. Noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics; 3. Drainage; 4. Population density; City of Arden Hills Planning CommIssion Meetingfor March I, 2006 . \\Metro-inet.us\ardenhflls\Planning\Planning Cases\2006\06-005 KOloski minor subdivision and variance fPENDING)\021606 - PC Report- Koloski Minor Subdivision & Variance. doc Page 5 01'7 5. Visual and land use compatibility with uses and structures on surrounding land; adjoining land values; . 6, Park dedications where applicable, and the 7. Orderly development of the neighborhood and the City within the general purpose and intent of this ordinance and the Comprehensive Development Plan for the City. In order to approve a special use permit for a two- family dwelling, the Planning Commission and City Council would need to make a finding as to whether or not the proposed use would adversely affect the surrounding neighborhood and larger community as per the aforementioned factors. It should be noted that the applicant has not submitted an application for a two-family structure. A full evaluation of this potential use would be needed before making any determination as to its appropriateness on this property. Staff Recommendation In Planning Case #06-005, Staff reluctantly recommends denial of the Variance and Minor Subdivision due to the lack of hardship and subsequent inability to create two conforming lots. The property does not have any unique circumstances that warrant a variance from the subdivision ordinance and reasonable use exists in its current state. While the four foot difference in lot width in this particular case is unlikely to produce a significant negative affect on the adjacent properties or the City as a whole, Staff is concerned that allowing the creation of . a new non-conforming lot would set poor precedent for future minor subdivision applications. If the Planning Commission does recommend approval, specific findings supporting the approval should be referenced. Staff proposes the following conditions if approval is recommended; 1. The applicant shall file the minor subdivision with Ramsey County Records and Revenue and shall provide the City with a recorded copy within sixty days of the final approval date. 2. If not provided in the original plat, the applicant shall inelude a 12 foot drainage and utility easement centered on common lot lines, and a 12 foot drainage and utility easement along the right-of-way. 3. The applicant shall pay a park dedication fee as determined by the City Council. 4. All existing non-conforming structures shall be removed before any building permits are issued. 5. Any extension of City services for the new lot shall be subject to approval by the City Engineer and all associated costs shall be the responsibility of the applicant. 6. The applicant shall comply with applicable provisions of the City Code and related ordinances. City of Arden Hills Planning Commission Meetingfor March 1,2006 \'iMelro-inet.us1ardenhillsIPlanninglPlanning Cases\2006106-0()5 Koloski minor subdivision and variance (PEND/NG) \021606 _ PC Report- . Koloski Minor Su.bdivision & Variance. doc Page 6 of 7 Resident Comment . Staff has not received any letters or telephone calls from property owners or occupants in regard to this planning case. Options I. Recommend approval of the minor subdivision and variance as submitted. 2. Recommend approval of the minor subdivision and variance with conditions. 3. Recommend denial with reasons for denial. If the City denies the petitioners request, "...it must state in writing the reasons for the denial at the time it denies the request." 4. Table for additional information. Approving the variance is contingent upon approval of the minor subdivision. Deadline for A2encv Actions The City of Arden Hills received the completed application for this request on February 6, 2006. Pursuant to Minnesota State Statute, the City must act on this request by April 6, 2006 (60 days), unless the City provides the petitioner with written reasons for an additional 60 day review period. The City may with the petitioners' consent extend the review period beyond the 120 days. . Attachments 3A-l Application and statement from the applicant 3A-2 Air Photo and photographs of the site 3A-3 Survey and architectural drawings from the applicant City of Arden Hills Planning Commission Meetingfor March 1, 2006 . IlMe/ro-inet.us\nrdenhillsIPlanningIPlanning Cases\2006\06-005 Koloski minor subdivision and variance (PENDING) \021606 - PC Report- Koloski Minor Subdivision & Variance. doc Page 7 of7 . Attachment 3A-1 Application and Statement from the Applicant . . ~ For Office Use Only Planning Case No. 0 .. ~!:lILLS Submittal Date Z. -'1=o:t: 1245 West Highway 96 Application Accepted By Arden Hills, Minnesota 55112 Receipt Number ------ Telephone (651) 634-5120 Council Decision Fax (651) 634-4137 Council Decision Date WWW.ci.arden-hills.mn.us 2005 LAND USE APPLICATION ~ ~ -- Applicant Information k . Applicant: R I c.4.J<fj /C-o~.s. t::-, Address: .;2.. ("7 C /'1. (, tZ-O tf/-v Telephone No.: ~/- yO'L-CZL:Lf Fax No.: {7 J I - if % J' - J' c:.? ( Email Address: ~Sf:-:-.(-@ r6T7P14-?~/ CD ~ Property Information Property Owner fA 'f't~ "-' ~s !fi~ Owner Address -.2 f}- ~ _ J) A'---. 4l-eJ Jl;. 0. . Address of Property Involved: .2-- 0 ( J ~ J:; _ A/J2--i/e,-J ih /lJ \, Legal Descnptlon R 0 bf 1 f'/J':, ~ c:.-- AY>!il ~.e--J 1\-C-~ v<-' I/G P:r-O P--- Co? 2.,/1 Property ID No.: 2-- J'" '50 z- '3 ::> "3 f) 0 Or Current Zoning: R?-.-- Type of Use: ~ Property Acreage: .. 70 Type of ReQuest' 'Applicants are responsible for o Apportionment of Assessments ($30) reimbursement of consultant o Comprehensive Plan Amendment ($300) fees associated with filing, reviewing, and processing of o Final Plat (including in Preliminary Plat) this application. Such fees are to I1:rMinor Subdivision (lot split/consolidation) ($300) be paid in escrow up front or o Planned Unit Development ($600 + escrow) upon receipt of statement from o Preliminary Plat ($400 + $25 per lot + escrow) the City of Arden Hills. Fees include costs for consultants o Rezoning ($300) retained by the City and include o Site Plan Review ($400) consultant planning services, o Special Use Permit or Amended Special Use Permit ($300) attorney, and engineer. o Vacation of Easement ($250 + escrow) Payment of park dedication ~ariance (Sign Ordinance) ($250) fees, established by City . Ordinance, are required with Variance (Zoning Ordinance) ($250) certain procedures. o Zoning Ordinance Amendment ($300 + escrow) Page 1 on Notice of MeetinQ 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 will be tabled until the next available agenda. AQenda Deadline and MeetinQ Schedule The deadline for submittal of land use applications is required according to the schedule outlined below. There are no exceptions. All Planning Commission meetings are held on the first Wednesday of each month at 7:00 PM. City Council meetings are held 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. Applicants are advised that additional meetings and/or workshops are scheduled when necessary upon approval of the Planning Commission. 2005 SCHEDULE ('subject to change) TENTATIVE TENTATIVE PLANNING CITY COUNCIL COMMISSION MEETING APPLICATION MEETING' DATE' DEADLINE (Generally held on (Generally held on DATE' 1"Wednesda at 7:00 last Monda at 7:00 .m. . AcknowledQement and SiQnature I acknowledge that I have read all of the information listed in the City of Arden Hills Land Use Application and fully understand that I am responsible for all costs incurred by the City related to the processing of this application. :!fAt: ~~------ ------- Applicant Signature Oat Please contacllhe City Planner at (651) 634-5134 if you have any questions regarding your application. HAdditional copies of this application form are available on the City's website: httu.//\IV\IVW.ci.arden- hills-frm. uslf)eDartments/Communitv Deve{oomentlPJanninalDlannino forms. him . Page 3 on ~ James Lehnhoff Planner, City of Arden Hills February 6, 2006 Dear Mr. Lehnhoff: I am requesting a variance for a lot split that would produce a conforming cornerlot of 95'x174', 16,530 square feet and an 81 'xI74', 14,094 square foot lot. The only variance needed is for the width ofthe 81 foot lot. The square footage is far above code requirements. The minimum building pad for this lot with a 9 foot side set on each side would be 63 feet wide which is more than satisfactory. The maximum building pad size for the conforming 95 foot corner lot is 49 feet wide. Functionally the 81 foot wide lot is fine. I am aware that to the north and adjoining this property are two 50 foot wide lots, each with single family homes on them. This entire lot is conforming under R2 for a twinhome use and would require a special use permit. Though confident that we could provide a twinhome site that would fit all the city's requirements, I would prefer both for myself . and the neighborhood, two single family structures. The site currently has a I Y, story home, breezeway, attached garage, and a two car detached garage, all of which are pushed to the north edge of the property. All structures are in need of repair, some of which is significant. I believe that removing these structures and placing two aesthetically pleasing single family homes on this lot would be a benefit to this neighborhood. The front ofthe homes would face the railroad tracks to the south and deep backyards would provide aesthetic and open spacing to the surrounding neighborhood. I make this request with the knowledge that a twinhome on this site is within the conforming use in the R2 zoning. I would state that the building of a twinhome and not being able to build two single family homes is a hardship and is unique to this property because of it' s size and R2 zoning. . lEI ' . - 'II ~m BURNET I believe that building two new well designed and attractive single family ~ homes instead of what is currently on the property would enhance the neighborhood and the property values in the surrounding area. I respectfully offer this request for a variance. Sincerely, c- /-z --=? <- --..... Richard Kotoski . . 111m ' . - 'It @IB BURNET . 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I c ~ , c -- ~ .. f" '" +--YtJ ). ~ ~ (1l , I~ -"", , ~ I , , -C , , ~ "'".- -Sl , -18..0- ~ ~~~ : % 0 " 11-'3"-- 100 , , I~ ~g~ , , -.. . .:. ....'" . ~'IQ ~...~ ) , ~~ ... , .... ; ..- ~ ~ , --173.97-- ..5:> { I '" \ -'> , N 00".31'2.4" W I~ . - OJ \~ ~ ~3D ~. ~'ro ~ :b g::: .- ~ g.: ~ {~. I ~ ~ I '" ~ I 0 '" ~ !! X (l) ~ c ~ ~ .. , Go::l rl.... I .~ - ~ I~ (J) \ -, 1" ~ - [ll . ' '0 <.r I \ / ..- ~ I ~ --1 1.98- -- ~ ....5 , S 00'31'08' E , \ I '-'DE EAST UNE Of" lHE WEST 178 FEET CJF LOT 21 I ~ I ,,~ I - .::.. ~ I ~ !, l i I I . , i I I ! I " .. ., .. . I I ! . , . , ~ - .. . I ~ ..~ :1 r ' -I . ~ I '7 'i ...:t- _:t!t i ~~, I; ~ e . . I I :' , Ji ;1:'- . [ ~'i ~" . '.!. I > ! . ."~ . I f , t r . , r ..' .'. . ~~ " i ,. . ~. ~T' ~ t11 , ... IJ " . '" e --i- ~ >l-, '-.:t (1 ~~ .,,, ". ).. i * . -f y " T : I . ~ '1 ! I" ,~ . I ' . . ,. I i I r I - - i . STEPHENSON I PRICE CODE Ell 1546 sq. ft. Overall Dimensions ! 37'-0" x 64'.5" 37~O' I I Bedroom 3 Bedroom 2 1110x121.1 112x 100 ..-------------"O'f .', """"YC9..NG /. 1\----------1' ' " I I I r I I " I I " " ! ~aster Suite! . ! ! 130x 160! 1 I I 'I I I I, I! I, ~ " ~:..~~~~~~~~~~~,1 '" :..--~ -, ~. ~ ~ Dining Room Patio lJox 128. ~ ~ ~ ~ , e \ ,~ ------- Ii , Vaulted ::::Famny Room:: :~lI'Pl..; Garage 16gx 160 19\ 23~ -f;;;r----- " _riGN@l'oaa.....bo....__.... " 0ClveJEl)" BfflIY tt .:.:-::::::~ FLOOR PLAN . il Opt.Bonu. I SEIX.+IV,LOORPlm 12',19' i I I II r.m",,,,"u'-1 i t.lo,ltrSoIlI i RlVERMEADE ,':'~ . "',D' , , 1~.lGI I PRlCE CODE III '. 1st Floor 1359 sq. ft.. 2nd Floor 520 sq. ft. Toral 1879 sq. ft. mum Ce>wrodPorch Opt. Bonus Room 320 sq. ft. ~",.".,,""~'" '''~'''''' ..,,, W"19' ARSTFl~PUN Overall Dimensions 45'.0" x 52'-4" __.__"_.___ a.droamJ \3"11' 8odr......2 12',11' SfCONOFlOORI'lI.tl 41.6<,""' 12'<21' I "'" ~'o' I I 8"'0;[0"; i BOULDERCREST -l-II ,~:'::~ I PRICE CODE .. .:_ : .- j n T.-o _ : ,Slory ~ 1 st Floor 1407 sq. ft. i ,.,", f !i ,'.' ., 2nd Floor 472 sq. ft. ~~; :7, Total 1879 sq. ft. i ' O B R 321 Ct flRST flOOR PLAN pt. onus oom sq. II. Gorog. I ~G" 2" I Overall Dimensions 48'-0" x 53'-10" __.,_....,,___ ~ \1 .. . """'" """"'" 13~x l(li 13~x IO~ Vaulltd W.El<llh n".~ rnm'LJ so.. /: .' , " , , , oPt.B~U8 -----.Room ---'('r SECON!>flOORPUN 42'...4' "'--!;-~- CULVERHOUSE O;"lngRoom 10Ox1O' I PRICE CODE III u_ _____nn .... I st Floor 1012 sq, ft. -" VouIled t 2nd Floor 577 sq, fro FomiyRoom 161,15' Toral 1589 sq. fro ilr Opt. Bonus Room 253 sq, ft. Goroge 191,19' Overall Dimensions _____n 42'-4" x 44'-0" _,$"'""'_.................. ~ ~. n. 0....<<>11\3 13"11' B<droomZ 12',,11' SECttlOFl.Oil'lPl.),N Opt. Bon", 12"21' ~:"O' I ,..,-... Br.~I""\ i BOULDERCREST II ,;::. "'- .. 15'~16' I PRICE CODE .. Kltc~.. ------. 1'" ..... '. TlI'<l \} ~.Jo:<..' - '0 Ist'Floor 1407 sq. ft, i i if ~~~~Pwdr. ~ ! V,,"I\~ ! Ii 2nd Floor 472 sq. ft, OinTJlQRoorn Total 1879 sq. ft. iltO.12'! I Opr. Bonus Room 321 sq. ft. flRSTftOORPLAH 001""'1' 20',21' I Overall Dimensions , , 48'-0" x 53'-10" --~-"'"'''''-''''''' . . ,- , ~ . ~HILLS MEMORANDUM DATE: February 21, 2006 PC Agenda Item 3.B TO: Planning Commission FROM: James Lehnhoff, City Planner SUBJECT: PC #06-006 Dan Westlund 3352 Lake Johanna Blvd. Variance ReQuested Action The applicant is requesting a variance to construct an addition to the dwelling that encroaches on the southern side yard setback. The applicant is also requesting a variance to construct an addition to the accessory structure that encroaches on the southern side yard setback and is . entirely within the front yard setback. The variances are not contingent upon each other and can be reviewed separately or together. Backl!round 1. Overview of Request The applicant is seeking two variances for a .28 acre property at 3352 Lake Johanna Blvd, which is on the southwestern side of Lake Johanna. The property is approximately 223 feet long at the northern lot line, 213 feet long at the southern lot line, and is 50 feet wide. The Shoreland Management Ordinance, which supersedes the underlying R-2 Zone, requires a minimum lot width at the Ordinary High Water (OHW) mark of75 feet. Although reviewed as one application, this applieation involves two variance requests. The first review relates to the proposed addition to the principal structure. The second review evaluates the proposed addition to the aecessory structure. The varianees are not contingent upon each and ean be acted upon separately or as one. The existing principal structure has a footprint of approximately 1815 square feet. The applicant is proposing a 95 square foot addition to the southwestern comer ofthe dwelling City of Arden Hills . Planning Commission Meetingfor March 1,2006 \\Metro-inel.us'lardenhillsIPfanningIPlanning Cases\2006\06-006 Westlund variance (PENDING)\021506 - PC Report - Westlund Variance. doc Page 1 of 8 and a 378 square foot addition to the rear ofthe structure. The minimum side yard setback is five feet with a total of fifteen feet between the two side yard setbacks. Since the northern side yard setback is as little as 4.5 feet and the southern side yard setback is between 9.5 and . 10 feet, the addition would slightly encroach upon the southern side yard setback by approximately one half foot. Although the encroachment is slight, a variance is required to proceed. The proposed addition would be in line with the existing structure; however, it would slightly increase the non-conformity ofthe structure by increasing the amount of structure within the side yard setback. The second addition at the rear of the structure meets all required setbacks and does not need a variance. Upon completion, the total footprint of the dwelling would increase to approximately 2,288 square feet. The applicant is also proposing to expand the existing 449 square foot accessory structure by 282 square feet to a total of 731 square feet. The accessory structure is currently non- conforming due to the encroachments on the front and side yard setbacks and because it is in the front yard, which is not allowed. All but the last 3.2 feet ofthe proposed addition would be in the front yard setback. While the addition will not be any closer to the lot lines than the existing structure, the addition will be as close to the lot line as the existing structure at just 2.3 feet from the side yard lot line. The minimum side yard accessory structure setback is 10 feet. Finally, with the addition, the height of the accessory structure would increase from roughly twelve feet to approximately 21 feet 9 inches at the peak. 2. Site Data FututeJi,andUS~l'l"n: Low Density Residential E;<istingLand Use: Single Famity Residential Zoning: ...... .. ... .. R-2: Single and Two Family Residential . Size: ..... .28 (12,197 square feet) The driveway and garage sit a few feet above the dwelling; however, the property ...;r.... .......... is flat up to approximately 40 feet before the water where it slopes steeply toward .. the lake. Surrounding Area Nonh Low Density Residential R-1: Single Family Residential Single Family Detached Residential South Low Density Residential R-l: Single Family Residential Single Family Detached Residential East Water -- Lake Johanna West Low Density Residential R -I: Single Family Residential Single Family Detached Residential Plan Evalnation (Statntes & Findinl!s of Fact) 1. Zoning Ordinance - District Requirements Chart - Section 5.F City of Arden Hills Planning Commission Meeting for March I. 2006 . \lMerro-inet.lJs\aydenhillsIPlanninglPlcmning Ca.se512006'.06~006 Westlund variance (PENDING)\02/506 PC Report - Westlund Varinnce.do(.' Page 2 or8 . I. Minimum Lot Area s (SF er Dwell;n Unit Single Family 11,000 Two Family 8,000 3. Minimum Lot Size (fl, width/de th Single Family 85/120 Two Family 85/120 4. Hei ht fl. 35 5. Floor Area Ratio 0.3 6. Lot Covered b Structure 25% 7. Min. Landsca e Lot Area 65% 8. Max. 1m ervious covera e 35% 9. Minimum Building Setbacks fl Front ard 40 Rear Yard (Principle) 30 Rear Yard (Acccsso ) 10 Side Yard Interior - Principal (Minltotal both yards on lot 5/15 . Side Yard Interior - Accessor 10 Side Yard Comer 40 Minimum Water Frontage 75 2, Zoning Ordinance - Accessory Structures - Section 6.A (2,3, and 5) 2. Height. No accessory structure shall exceed the height of the principal structure to which it is necessary. 3. Location. No accessory structures in the R-I and R-2 Districts shall be located nearer the front lot line than the front yard setback line for the principal structure to which it 1S accessory. Accessory structures as permitted and regulated in this ordinance may be located within the rcar yard of the principal structure. S Size. In R-l and R-2 Districts, no accessory structure shall exceed seven hundred twenty eight (728) square feet in floor area and for accessory structures located in the rear of a principal structure, the total floor area of all such accessory structures shall not exceed twenty-five (25) percent of the minimum required rear yard area for the principal structure, but there shall be no more than two (2) accessory structures on a lot. Ciry of Arden Hills . Planning Commission Meetingfor March J, 2006 IIMc(ro-inet.uslardenhillsIPlanninglPlanning Cases\2006106-006 Westlund variance (PEND/NG)102/506 - PC Report - Westlund Variance.doc Page 3 of8 3. Variance Evaluation Criteria A. State Criteria: . Minnesota State Statue in Chapter 462.357, Subdivision 6, (2), defines "undue hardship" as: ".-- means the property in question cannot be put to a reasonable use [fused under conditions allowed by the official controls, the plight of the landowner is due to circumstance unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use of the property exists under the terms of the ordinance __. " Minnesota State Stature 462.357, Subd. 6, requires that Cities consider the following five matters when hearing requests for zoning ordinance variances: L Are thc circumstances for which the variance is requested unique to the propcrty? 2. Would granting the variance be in keeping with the spirit and intent of the City's Zoning Ordinance? 3. Could the property in question be put to a reasonable use without the granting of the variance? 4. Was the hardship created by the owner? . 5. Would granting the variance alter the essential character of the ncighborhood? B. Local Criteria: Section 8.DA.c ofthe Arden Hills Zoning Ordinance states: Adherence to this provisions of this [zoning} ordinance is required except for special cases, which arise because the configuration of a particular parcel. The condition shall not have been created by Ihe landowner. A variance or variances may be granted ji-om 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 lerrain prohibit reasonable development equivalent to that which would be permitted without variance on a similar size lot located in the same district, but which lot has no unusual configuration. Economic conditions alone shall not be grounds for a variance. 4. Variance Findings of Fact: City of Arden Hills Planning Commission Meetingjor March 1, 2006 . \\Metro-inel.uSI(lnlenhillsIPlannfngIPlanning Cases\2006106-006 We~'(lu}fd variance (PENDING) \021506 - PC Report - Westlund Variance. doc Page 4 of8 A. Principal Structure Variance Findings (PC# 06-006a): . I. Except for the southern side yard lot line encroachment, the dwelling addition meets all other requirements of the R-2 Zone. The total structural coverage with all proposed additions is estimated at 24.5 percent, total landscaped lot area is 66.2 percent, and total impervious coverage is estimated at 33.8 percent. 2. The circumstances related to this variance are unique to the property. The width of the lot, which was created before the current Zoning Ordinance was III place, severely limits any expansIon of the principal structure. Furthermore, the twenty foot utility easement in front of the dwelling would make it difficult to construct a porch or entry way at the front of the structure despite being outside of the 40 foot front yard setback. 3. Granting this variance would be in keeping with the spirit of the Zoning Ordinance. The proposed addition to the dwelling is an open air porch; therefore, the slight encroachment of the addition would likely be unnoticeable and not affect neighboring properties. The proposed addition is in line with the existing structure and creates a more coherent look than if the addition were stepped back from the dwelling to meet the required side setback. 4. The applicant does currently have reasonable use of the property with the existing dwelling and accessory structure without the additions. However, the unique circumstances of thc property limit its use compared to other properties within the R-2 Zonc. . 5. The hardship was not created by the owner. The lot lines follow the original plat, which was created before the current zoning ordinance was in place. Furthermore, the 20 foot utility easement in front of the structure limits the use of the property. 6. Granting the vanance would not alter the essential character of the neighborhood. The existing dwelling to the south encroaches closer to the lot line that this proposed addition. A number of the structures along the west side of Lake Johanna are on narrow lots and encroach on the side yard setback. Adding the small porch would have little to no noticeable or negative affcct on the subject property or adjacent properties. 7. The variance is not based on economic considerations. The narrowness of the lot and the utility easement limits thc usability of thc lot. B. Accessory Structure Variance Findings (PC# 06-006b): I. The accessory structure, with the addition, at 21 feet 9 inches in height would not exceed the height of the dwelling at 30 feet 4 inches to the peak (Although height is normally measured at the halfway point between the peak and the eaves for this type of structure, the dwelling is well below the 35 foot height limit even at the peak and the accessory structure is less than the height of the dwelling). City of Arden Hills . Planning Commission Meetingfor March 1, 2006 \Vvfetro-inet.lls',ardenhills\P/mrningIP!anning Cases\2006\06-006 Westlund variance (PEND1NG)\021506 - PC Report Westlund Variance.doc Page 5 of 8 2. The accessory structure is in the front yard, which is not allowed. However, because the lot abuts a lake and because the lot width limits access to the rear portion of the lot, it would be impractical to move the accessory structurc to . the rear yard. 3. The proposed accessory structure exceeds the maximum 728 square feet of detached accessory structure square footage by approximately three square feet. 4. The circumstances related to this variance are unique to the property. The twenty foot wide utility easement that crosses the property immediately in front of the dwelling from north to south means that it would not be possible to construct an attached garage to the dwelling. 5. Granting this variance would be in keeping with the spirit of the Zoning Ordinance. The Zoning Ordinance allows accessory structures in the R-2 Zone and would allow a largcr structure attached to the dwelling if that were possible. 6. The applicant does currently have reasonable use of the property with the existing dwelling and accessory structure without the additions. However, the unique circumstanccs of the property limit thc use of the property compared to other propel1ies within the R-2 Zone. 7. The hardship was not creatcd by the owner. Many of thc lots along the western side of Lake Johanna are non-conforming, including the three lots immediately south of the subject property. 8. Granting the variance would not alter the essential character of the neighborhood. Of the 22 properties along the southwestcrn edge of Lake Johanna, twelvc properties have an accessory structure or part of the principal . structure encroaching on thc front yard setback. 9. The variancc is not based on economic considerations alone. The arca on most of thc lots along the southwestern side of Lake Johanna limits the potential locations of accessory structures. 10. Detachcd accessory structures up to 728 square feet are allowed in the R-2 Zone; however, the unusual configuration of this lot and the character of the neighborhood make this a unique situation in the R-2 Zone. Staff Recommendation Should the Planning Commission wish to make separate recommendations for approval or denial, the recommended conditions have been separated into Planning Case #06-006a for the principal structure variance and Plamling Case #06-006b for the accessory structure variance. In Planning Case #06-006a, staff recommends approval of the variance to construct an addition to the principal structure based on the findings of fact and subject to the following three conditions: City ojArden Hills Planning Commission Meeting/or March f, 2006 . IIMetro-inet.us\ardenhillsIPlanningIPlanning Cases\2006W6-006 Westlund variance (PEND/NG)lOl1506 ~ PC Report - Westlund Variance. doc Page 6 of 8 1. The project shall be completed in accordance with the plans submitted as part of the Variance application, Any significant changes to these plans, as determined by the City . Planner, shall require review and approval by the Planning Commission. 2. The variance shall automatically expire and become void one (1) year from and after the datc on which the Conncil granted such approval if work on the project has not bcgun within that time period. 3. Gutters or othcr water control measures shall be installed so that stormwater is not directed toward adjacent properties or toward Lake Johanna, In Planning Case #06-006b, Staff also recommends approval of the variance to construct an addition to the accessory stmcture variance based on the findings of fact and subject to the following conditions: 1. The project shall be completed in accordance with the plans submitted as part of the Variance application. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by thc Planning Commission. 2. The variance shall automatically expire and become void one (1) year from and after the datc on which the Council granted such approval if work on the project has not begun within that time period. 3. The accessory stmcture shall not exceed a 728 square foot ground floor foot print. 4, The accessory stmcture shall not encroach any further on the side yard setback than the existing accessory structure, including overhangs and eaves. 5. The accessory structure shall match the architecture and color scheme of the principal stmcture. . 6. Gutters or other water control measures shall be installed so that storm water is not directed toward adjacent properties or to the public right-of-way. Ifboth variances are rccommended for approval, only one motion that includes both variances is required. Resident Comment Staff has received two emails, one letter, and one phone call of support for Mr. Westlund's proposal. The written endorsements from 3368 Lake Johanna, 1837 Stowe, and 3342 Lake Johanna are attached. A phone call from Brice Scott at 3375 Lake Johanna Blvd was received on February 22, 2006. Mr. Scott voiced his support ofMr. Westlnnd's project. Options 1. Recommend approval of both variances as submitted. 2, Recommend approval of both variances as submitted with conditions. City afArden Hills . Planning Commission Meetingfor March I, 2006 IIA1I?tm-inel.uslardenhi/lsIPlanningIPlanning Cases\2006\()6-006 Westlrll1d variance (PENDING) \021506 - PC Report - Westlund Variance. doc Page 7 of 8 H 3. Recommend approval of one of the two variances as submitted. 4. Rccommend approval of one of the two variances with conditions. 5. Recommend denial with reasons for denial. If the City denies the petitioners request, . "... it must statc in writing the reasons for the denial at the time it denies the request." 6. Table for additional information. Deadline for Al!ency Actions The City of Arden Hills received thc completed application for this request on February 6,2006. Pursuant to Minnesota State Statutc, the City must act on this request by April 6, 2006 (60 days), unless the city provides the petitioner with written reasons for an additional 60 day review period. The City may with the petitioners' consent extend the review period beyond the 120 days. Attachments 38-1 Application and statemcnt from the applicant 38-2 Air Photo Map and photographs of the site 38-3 Letters of support from neighbors 38-4 Survey and drawings submitted by the applicant . City ojArden Hills Planning Commission Meetingfor March I, 2006 . IIMetro-illct.us',ardcnhiiis\PlanninglPlanning Cw"es'12006106-006 Westlund variance (PENDING) 1021506 _ PC Report - Westlu.nd Vnriance_doc Page 8 of 8 ---- . Attachment 3B-l Application and Statement from the Applicant . . . ~ For Office Use Only ~RnEN HILLS Planning Case No. 06-00 C. - ~ Submittal Date 2.. - Z --ere . 124SWestHighway 96 Application Accepted By Arden Hills, Minnesota 55112 Receipt Number _ Telephone (651) 634-5120 Council Decision Fax (651) 634-4137 Council Decision Date www.ci.arden-hills.mn.us -~.- 2006 LAND USE APPLICATION A Ii cant Informa 'on iJ ,$ Applicant ~V\ W6f{1A~!.f, Address: 7,O~~~ FmRVf!i$1) ~&tUG JMN SSI/3 Telephone No: 4~1 63J-fJ'ltlQ._ . / Fax No.: Email Address Mqi!C/$~1/tA1!6edt>{...~__ Property Information \ Property Owner ~/;J6S7f.JlfijJ) Owner Address ;;0 f/{) /J 'Fil-l /bJt~ ;?L.Y:;EVt L.t6)fN '5'51/3 - ~..,,---._~---_._-- Address of Property Involved --.3.3<::2. Lflt(6 ...:tbtl/VI/'(k tLVD, (7I/huS. . Legal Description: /fPtI/ 0/:.<. :St.d;d',v;.,s!~L~"l!J___loT j{) Property ID No.: -3330 231/ 200Q::s-.~___ .~_ Current Zoning: 'R - 2... Type of Use: 'R~":>/ Dr7<J17I4l /,/r,U1(J Property Acreage: ~f?()x.. Type of Request' 'Applicants are responsible for o Apportionment of Assessments ($30) reimbursement of consultant O . fees associated with filing, ComprehenSive Plan Amendment ($300) reviewing, and processing of o Final Plat (including in Preliminary Plat) this application. Such fees are to o Minor Subdivision (lot split/consolidation) ($300) be paid in escrow up front or o Planned Unit Development ($600 + escrow) upon receipt of statement from O .. the City of Arden Hills. Fees Preliminary Plat ($400 + $25 per lot + escrow) include costs for consultants o Rezoning ($300) retained by the City and include o Site Plan Review ($400) consultant planning services, o Special Use Permit or Amended Special Use Permit ($300) attorney, and engineer. O . Payment of park dedication Vacation of Easement ($250 + escrow) f t bl' h d b C'lt O ees, es a IS e y y Variance (Sign Ordinance) ($250) Ordinance, are required with . 1:21 Variance (Zoning Ordinance) ($250) certain procedures. o Zoning Ordinance Amendment ($300 + escrow) Page I of 3 , Brief Description of Request lease also include a detailed letter ex lainin the ro'ect: ~ 'j2rYnttJ/~ CfL- 6r'h;.:/Ti56 ( Or-/tL. ~F A-riD ON .3 3'5 t.. ... L/rK~ vt);f./tNtJ4-P~b(? 6fffY- tvlTd . A ?12{) Po.'9~-1"'" r""7 I"','I.'/Ny" J'/DI1/;ncti c:p /~I(: ;'?6 . 'To 7HG f1L1:5Tl/'J6 6/hl'lh;t:z. ~-~"_.- /lz;t{(!3 A#b_~/f1f.'I1~ <;TtJt ~ . Oe-c: J dtIJ ;fNb PuN"-17a..J ..,,- ",,---l /' jIJ I L.f.... 6-G (la IIz:;SJ'iE..,. /!Nt> l't;FI", ~'~A 4'~ 71t!! 2:./tM IE /ifP1t,>e!> ' ~, .,w...~- rtJu N'b '7'N 1IrfW eN t?&'(1Vf) -"---, tI /fX;~ ON rtuuS6 /bLtJl/e3, WOtlL-D rne~ #~d:;_1, I::. I ~,f''' .--- - ~ 1.38!/1 ;&vi) c7~. tJN ~)M /BKti/l- /JNi) f2N ~I >/ t3 ~l1t /!,G r~/f- iurr.'1 €'Y--~T7j{G, ldutse FI inq eQuirements and avment of ees The City requests that you make a pre-application meeting with the City Planner to discuss the application process, requirements, and deadlines. The undersigned acknowledges that shelhe understands that before this request can be considered, all required information and fees (including all deposits) must be paid to the City in advance. If additional fees are required to cover costs incurred by the City, the City Planner has the right to require additional payment from one or more of the undersigned, who shall be jointly liable for such fees. Such expenses may include (but are not limited to) direct city payroll and overhead costs, fees paid to consultants and other professionals, and the cost of printing, mailing, and supplies. The City may withhold final action on a land use application andlor . rescind prior action until all miscellaneous fees have been paid. Applicants are advised that an escrow deposit is required at the time of the submittal of the Land Use Application to offset costs associated with the proposed project. Required Submittal Information The City of Arden Hills requires the following submittals for all Land Use Applications: . A certified land survey. . Site plan(s) (for all development projects). . Fivej) large scale copies, folded in sets no larger than 8 \1," x 14" with the print side facing out, . ~ !J}.I copies of 11" x 17" reductions of ALL PLANS MUST BE 3-HOLE PUNCHED AND Z- FOLDED. . Mailing labels of all properties within 350 feet of the property (this information may be obtained from Ramsey County). True and accurate representation of the requirements outlined in the procedural form for the specified type of request is the responsibility of the applicant. Complete/Incomplete Applications An incomplete application will delay the processing of land use requests. The application approval time commences and an application is considered officially filed when the City Planner has received and examined the application and determined that the application is complete, A decision on whether the application is complete or incomplete shall be made within fifteen (15) days following the submittal of the . application. When the application is deemed to be "complete" it shall be placed on the agenda of the first possible Planning Commission meeting occurring at least thirty (30) days from the date of official submission of the application. Page 2 of3 __m. , Notice of MeetinQ 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 will be tabled until the next available agenda. Aqenda Deadline and MeetinQ Schedule The deadline for submittal of land use applications is required according to the schedule outlined below. There are no exceptions. All Planning Commission meetings are held on the first Wednesday of each month at 7:00 PM. City Council meetings are held 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. Applicants are advised that additionat meetings andlor workshops are scheduled when necessary upon approval of the Planning Commission. 2006 SCHEDULE ('subject to change) ----- TENTATIYE PLANNING COMMISSION APPLICATION MEETING' DEADLINE (Generally held on DATE' 1" Wednesday atTOO .m. ..J*-'fl!1ary;<f . . . ..~. ~y.$"i' October 30 'j\JOV;Y'm~~~ ..iIL . .. December 11 January 29 (2007) AcknowledQement and Siqnature I acknowledge that I have read all of the information listed in the City of Arden Hills Land Use Application and full understand that I am responsible for all costs incurred by the City related to the processing of this ap lication. P-30-0~ Date Please contact the City Planner at (651) 634-5134 if you have any questions regarding your application. . Additional copies of this application form are available on the City's website: htto:/lwww.c;, arden-hiJIs. mn. us/Deoartments/Community DeveloomentlPlanninalolannina forms.htm Page30f3 fr95~iJ?-O? ~rJ rhus PUl'hJ IfJ&; Cb I1Ii /1t1~<; I6IJ frt.i') c!tTJ C() 1W\JtJ{ L-- If7 k ~/bgNi tp A12j~ /17 L L~ A-rV/) VI U/f'J0 IN T1fG /'let f IfI3J 12 ;hJ tJh .5 /flfe-E 6 Jk! rtf 09SV ~ II7vi L/1!1Z !J JAV TEIZ ar 8'J /}J .J!.a-PIN0 jt1vh Mm NT Jh rJ; ;.Jej 71ft: t/!h-u & ~fj !3 ett- WT:J f}f tth5 /f7CeA 7 6f'/bVT / /J6? ? 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G E-ntS, i :E b OLLM /ID I't:' TO 66 ;f ,.o/J7;2r , bF irTt\S Pf'o~2S, rDil 77iC /'esT OF 1U4j {1M f?E1( - &N6 /fzJus6 .-17 ;f-t 17/1iG . ;-Iv JYZ6 t9 0;V6K'~ 5BL o/a(!;-~-LJ 70 he 13 Ee/fU6b TItt3/ w /(rV r 7() se:t:: fIfE !ft;use 7tiE7 u v~j) IN )Z em. Ol){;L GO /fNb 7/UlVSPoLL.i<-E0 IF r:J65S//3~ L- TR--Lj l/lf ALL f' Jzj TO (C;e~ /9f\C- Df- A - !.I/Ni:> -/frJ l{ 5C--S. 471/rJ 77tE- ~ 1U.f-:7 /5 7D ,. 4' ;(~);> 71fg POD T1"'1( INl mv f) 7fDj) rtfc N6-U Loo 1(. !jDIL ~!LL be' /'U" 4> E':\ ~ w/'f<l.i-- A-s /luJ.5T 8F ~ /v(?l b/fflD l'uttJtJ f) UtlILL .6e 70 ~k'/l7Vr 77f15 t'/77Ct47\J (G. 71hf/1J1C5 fCy( iU{);V:;1 AJ~ W /111 fitE. I ~1 JJt!:Y~1L1 }080 NORTlt FAIRVtEW ROSEVlLLE, MN 55113 TELE. 65] .633.8988 CELL 65] .775.8946 . Attachment 3B-2 Air Photo Map and Photographs of the Site . . ~ , 8 ~iI ~~ .. ] ~ B] fi, ~ M Hp ~.h ~ ~] ~~j:~...q '8 i. oS lila ~ III ~ ~ III ,g ,., ,,'\~ 0 ~ ~ :5 '" N . .; . ~ .2 . -" ~h ~~~ f~ ~ ~,,! oJ!", .~'E~ !;i...,$! Iii :.8 .- s.s I.C ~.~ = ..~~ = '" . 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OJ 0 .- "- ...... !..... OJ OJ en .c c ...... .> 0 OJ ~ 0 \J C ::::J - ..... CJ) Q) S -0 -0 0 0 0 0 .c .c "- "- 0 0 .0 .0 .c .c .2' .2' OJ OJ C C .~ OJ .c (f) ...... OJ C OJ .- ro (f) "- OJ ro OJ . OJ ro "- "- OJ ro .c OJ ...... "- 0 OJ .c ...... 0 . Attachment 3B-3 Letters of Support from Neighbors . . Page 1 of 1 James Lehnhoff . --_.,----_ _."-.. _"~~"_~__""~_~__~~W'_'__~~____'~____'_~_~__,M__ _ _"_._____~_.m_~ ___._~_~~~.~~_ __,,______..~_._~___________ From: Sam & Barb Clark [sam-barb@msn.com} Sent: Wednesday, February 15, 2006 8:22 PM To: James Lehnhoff Subject: 3352 Lake Johanna Blvd variance. We approve of the house plan and garage extension at the 3352 Lk Johanna Blvd site. We have seen the proposed plans and discussed the plans with the ownerlbuilder, Dan Westlund. We live at 3342 Lk. Johanna Blvd. Our names are Sam and Barbara Clark. We can be reached at 612-636- 8886, or 612-850-8621, or our Florida phone # is 239-591-0158. Our e-mail address is :sam-barb@msn.com. . . 2/16/2006 Message Page 1 of2 James Lehnhoff ^__^~~~'_W_~_,W"'"'_ ___M..., ".-,.,-,-----,-~~-,,_..- ..----. . From: Melk, Julia L [jmelk@larkinhoffman.com] Sent: Tuesday, February 21, 2006 8:23 AM To: James Lehnhoff Subject: RE: Variance request of Dan Westland 1837 Stowe Avenue -----Original Messagem-- From: James Lehnhoff [mailto:james.lehnhoff@ci.arden-hills.mn.us] Sent: Tuesday, February 21, 2006 8:08 AM To: Melk, Julia L. Subject: RE: Variance request of Dan Westland Thank you for the emaiL I will make sure that the Planning Commission receives a copy of this email. However, can you please provide me with your address in Arden Hills? I need it for the record. Thank you, James Lehnhoff James Lehnhoff Phnner, City of Arden Hills . Recycling Coordinator (651) 634-5134 Fax (651) 634-5137 hrtD:/ /WW\V .ci .arden-hj II SJlln. us -----Original Message----- From: Melk, Julia L. [mailto:jmelk@larkinhoffman.com] Sent: Monday, February 20, 2006 9:34 AM To: James Lehnhoff Subject: Variance request of Dan Westland Dear Mr. Lehnhoff: I iive at the each end of Stowe Avenue. I had the opportunity to speak with Dan Westland about his plan to build a home on Lake Johanna Boulevard and Stowe Avenue. I am very excited about the plan. From the end of my driveway I will be able to see the new home. Mr. Westland seems to have great vision for the lot and for the Arden Hills neighborhood. His building to date has been attractive and has added great curb appeal to the Fairview AvenuelLake Johanna road. My husband and I support his requests for variances. Julia Melk Larkin HoffiM~ . 2/23 /2 006 . 3368 Lake Johanna Blvd. . Arden Hills, MN 55112 February 2 I , 2006 James Lehnhoff, City Planner Arden Hills City Hall 1245 West Highway 96 Arden Hills, MN 55112 Re: PC#06-006 3352 Lake Johanna Blvd. Dear Mr. Lehnhoff and members of the City Planning Commission, I have reviewed the drawings and met with Dan Westlund regarding the remodel and new garage construetion at 3352 Lake Johanna Blvd. I do have a concern that we make variances in this city to accommodate new owners; however I am in favor of this variance for the following reasons: I. The house already encroaches on the side yard set back and the new home will be on the same footprint as so south property line. . 2. Although the garage is already too close to the road, it is in alignment with many other garages. I understand that the sewer line prohibits moving the garage closer to the home and further from the road. 3. The size of the garage is a concern; however there is a need for a better driveway and parking pad in order to accommodate cars at that address. The additional stall and storage will be useful if not necessary for new home owners. 4. Unlike some new construction on the lake, the style of the house and the intention of the builder fits nicely into the area. 5. I havc talked with numerous neighbors including the home to the south and there are no ohjections. If you have any questions, please feellree to call mc at 651-633-1097 or by e mail at nancvkhansen I tlV,msn.com. 9;t: ~h 1: , d7 ! Nancy K. Hansen . , . Attachment 3B-4 Survey and Drawings Submitted by the Applicant . . --------- r . () . 0 () 0 G .. ~ <: Z..-' .. rn <1:l 8t.8'=7I1HO ~.2 --' ,~; ~ \'if~1NJ '-' Cl ~ ..... '" .. · ~ -" - ,. c " ~ I "lf1/-iK(}r> JJ:>if"lf7! ~ ~ 1: i Z . ~. j fh.., "... '"'_~ ~ <> ~ "0 "j - ~ .. '" '"- ~ "'... dI () z ~ .. ..Sl." ..... . ~.!.. ~,.", _ .... ~ " 0" }-. ill '. ",. '~ . Z "~ '.' .. '. ", . 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"'" z"'- "':;ocz:- I U ' , , , ,.......-.- "O~"O.< TT'vm ~7? ~H.,* ( ".-.-".---... :;: ~::::; z::::; ,,"., ""'< < , , ~"-OSo' ::0 ,I"t Q ~ =-l!41.,,(,.'(,.'l!I [::z:J ~ Z u ~ c; ~ 0 z .;: "'- 0-. Cl;::"!! ~ ! <, -I. ~ (If c:: '" ~ 0:;0 i!; c.......... "" 0 -.. z ('""""""" riI "" - ~" - - ...... :;: J ()~ 9 ~ 0 ~ I_ I _" E-<..,.. ~ ," I~ ,;;-:.'~o;' I ~ 0 .-.....; '~I~ :n.u-;~...., I ~ "~ . _. .. " "' I ' 'I- I . N 0 ,I ' 1 1._ i Q~<:lHa ! :'~!9l-la <!lCI-~O"i I .. . I ,~a \.. ~ . ~ ~HILLS MEMORANDUM DATE: February 21, 2006 PC Agenda Item 3.e TO: Planning Commission FROM: James Lehnhoff, City Planner SUBJECT: PC #: 06-007 Bruce Kunkel Bethel University 3900 Bethel Drive Site Plan Review Requested Action The applicant has requested a site plan review to demolish the existing guard shacks and replace the buildings with a We1come Center at Bethel University's entrance on old US Highway 10. . The application also includes a request to construct a sidewalk and an additional traffic lane for special events. Backl!:round 1. Overview of Request: Currently, there are two guard shacks for security personal at the western entrance to Bethel University off of old US Highway 10. One of the existing 8'x 4' guard shacks is approximately 450 feet from the entrance and is on a median that is roughly 30 fcet long. The other shack is approximately 8'xlO' and is on the north side of the road. The University is proposing to replace the guard shacks with a single, larger Welcome Center. The new Welcome Center will be approximately 12 feet wide and 20 feet long. The new primary median with the Welcome Center will be approximately 75 feet long and include one parking space for a security vehicle. A secondary median will be added to the south of the primary median to separate a new overflow traffic lane from the two regular traffic lanes for special events. City of Arden Hills Planning Commission Meetingfor March 1.2006 . 11Metro-inel.uslnrdenhillslPlanningIPlanning Cases\2006\06-007 Bethel site plan review (PENDfNG)\021606 - PC reporl- Belhel Site Plan Re\liew.doc Page 1 of7 The applicant is also proposing to construct a retaining wall to protect trees and to provide room for the sidewalk along the north side ofthe expanded roadway. . While the name "Welcome Center" implies more function than the exiting guard shack, the new structure is still largely a security and traffic control point for incoming vehicles. Although the new Welcome Center will provide more space, it is essentially a significant cosmetic enhancement from the existing guard shack. Bethel College operates under a Special Use Permit Master Plan. As the College comes fOlWard with expansion plans (for either new or existing structures), the proposal is reviewed against the Master Plan for consistency. Building proposals that are consistent with the Master Plan require only a Site Plan Review. A]though the Master Plan does not call this proposed building a "Welcome Center," the Master Plan does include the existing guard shacks. Since the guard shacks are essentially being replaced by a structure that is, for the most part, in the same location and for the same use, it was determined by Staff that this proposal is in the spirit of the Master Plan and only requires a Site Plan Review. Since the Master Plan was updated to its current form in ]996, there have been four proposals reviewed and approved by the Planning Commission: 04-02 Special Usc Permit New Donnitory 3/29/2004 (A) Amendment Amendment to Ona . 02-10 Site Plan Review Orth Site Plan 6/18/2002 (A) Ona Orth Athletic 00-01 S eciat Use Pennit Com lex 2/14/2000 (A) Special Use Pennit Amendment I Site Traffic Generation 98-07 Plan Review Numbers 10/26/1998 (A) Special Use Pennit Master Plan 96-26 Amendment Amendment 1/2/1997 (A) 2. Surrounding Area: North Right-of-Way I Low Right-of-Way/R-1 Single Right-of-Way / Single Family Densi Residential Famil Residential Residential City of Arden Hills Planning Commission Meetingfor March I, 2006 \\Metro-inet.us\ardenhiJls\Planning\Planning Cases12006106-007 Bethel site plan review (PEND/NG)1021606 - PC reporl- Bethel Site Plan . Review.doc Page 2 of7 South Railroad I Low Density Railroad I R-l Single Family Railroad I Single Family Residential Residential Residential . East Right-of-Way I Industrial Right-of-Way I I-Flex Right-of-Way I Office I Industrial West Low Density Residential R-I: Single Family Residential Single Family Residential 3. Site Data: North Right-of-Way I Low Right-of-Way I R-I Single Right-of-Way I Single Family Densit Residential Family Residential Residential South Railroad I Low Density Railroad I R-I Single Family Railroad I Single Family Residential Residential Residential East Right-of-Way I Industrial Right-of-Way I I-Flex Right-of-Way I Office Itndustrial West Low Density Residential R- I: Single Family Residential Singte Family Residential Site Plan Review 1. Floor Area Ratio & Impervious Coverage - Meets Requirements Although the Welcome Center is larger than the existing guard shack, the relatively small . increase in floor area will have virtually no affect on the floor area ratio of the campus as a whole. The impervious coverage, which will also increase slightly, will not have any significant affect on impervious coverage for the campus. 2. Building Setbacks - Meets Requirements The City's Shoreland Ordinance (Ordinanee 334.04, Subd. I: District Requirements) requires that all structures in the B-1 Zoning District are setback a minimum of 50 feet from streets and highways. The Shoreland Ordinance also calls for a 150 foot setback from Valentine Lake, which is a Natural Environment Lake. In addition, typical B-1 Zoning District standards would call for all principal structures to be setback 50 feet from the front property line, 20 feet from the rear property line, and a minimum of 20 feet from the closest side property line. 1. Minimum Lot Area s Non-residential Uses 13,000 2_ Minimum Lot Size (ft. width/de th) Non-residential Uses 100/130 City of Arden Hills Planning Commission Meetingfor March I, 2006 . lIMetro-inetus'irrrdenhil/s\Planning\Planning Cases\2006\06-007 Bethel site plot! review (PENf)[NGjW2J606. PC report - Bethel Site Plan Rcview.doc Page 3 of 7 3. Hoi.hl (ft.) 35 4. Floor Area Ratio (F .A.R.) 0.7 5. Lot Covered bv Structu re 35% . 6. Min. Landsc3DC" Lot Ana 25% 7. Minimum Buildinl! Setbacks (ft) Fnmt yard 50 Rear Yard (Princinle) 20 Rear Yard (Accessory) to Side Yard Interior - Principal (Min/total both yards on lot) 20/40 Side Yard Interior - Accessory 50 OHW Setback from Valentine Lake 150 The proposed Welcome Center is approximately 450 feet from the entry at old US Highway 10 and more than 250 feet from Valentine Lake. Although larger than the existing guard shack, the Welcome Center will not he prominent from the Highway due to the distance and existing vegetation. 3. Building Height - Meets Requirements The maximum height for buildings in the B-1 Limited Business District is 35 feet The proposed building height for the Welcome Center is 17 feet 5.5 inches to the peak of the structure. 4. Landscape Lot Area - Meets requiremenls wilh conditions . While this proposal will increase the cosmetic appeal of the structure and potentially reduce congestion during special events, it will result in the loss of several trees near the road. The B-1 Zonc requires 25 percent landscaped area. The relatively minor alterations in this project are unlikely to affect the landscaping requirement for the entire campus. Nevertheless, the loss of mature trees is always a concern. S, Signage - Not Addressed According to the submitted plans, the University will be proposing two signs for the Welcome Center. The words "Bethel University Security" is proposed to be located on the portion of the proposed building facing the entry. The words would be in a circular fashion around a decorative window. The word "Welcome" is proposed for a monument sign in front of the Welcome Center structure facing the entry. Specific details and applications for these signs have not been submitted. This evaluation does not include a recommendation regarding these potentia] signs. The applicant would need to submit a sign application for revIew. City of Arden Hills Planning Commission Meetingfor March 1.2006 \\MelTO-inet,us',ardelThills\PlanningIPlanning Cases\2006106-007 Bethel site phm review (PENDING)I,02I606 - PC report - Bethel Site Plnn . Review.doc Page 4of7 However, based on the sign ordinance, the propcrty is in District 6 (Lexington A venue north . of 1-694, along Highway 96, and property zoned B-1). This would allow the applicant to apply for 60 square feet of wall signage on the building and 45 square feet of freestanding signage (both with external or internal lighting; Ordinance 333: Table 1 "Sign Standards") that could be approved through a sign permit. 6. Aesthetics - Meets Requirements As noted earlier, the proposed Welcome Center will be larger than the existing guard shack. The Welcome Center will be difficult to see from the highway due to the distance from the highway and existing trees. The applicant proposes to finish the exterior of the structure with stucco. The City docs not have any other specific aesthetic requirements for the B-1 Zone. However, the architecture of the proposed Welcome Center docs appear to be compatible with other structures on the property. i 7. Parking - Meets Requirements , There is one proposed parking space at the rear of the Welcome Center for a security vehicle. Since this project will not have any affect on employment or student levels at the University, additional parking is not required. This project will not be removing any existing parking at the University. 8. Traffic Impacts - Meets Requirements . The University is proposing to construct an additional traffic lane at the Welcome Center to increase capacity for use during special events at the University. The additional lane will bypass the Welcome Center to allow traffic to flow more freely during high traffic events. Under normal conditions, the additional lane will be closed. Since the Welcome Center will not be increasing the population density at the campus, this project is unlikely to increase traffic congestion. During high traffic events, congestion should be reduced due to the increased capacity. Plan Evalnation - (Statutes & Findinl!s of Fact) Ordinance Evaluation Criteria: Section 8.D.3.b of the Arden Hills Zoning Ordinance lists the criteria for evaluating a Special Use Permit, which is also used for site plan reviews. The Planning Commission and City Council shall consider the effect of the proposed use upon the health, safety, convenience and gcneral welfare ofthe owners and occupants of the surrounding land, in particular, and the community as a whole, in general, including but not limited to the following factors: 1. Existing and anticipated traffic and parking conditions; City ojArden Hills Planning Commission Meetingfor March 1, 2006 . IIMetro-inel.1Js\ardenhills'IPlanningIPlanning Cases\2006\06-007 Bethel site plan review (PEND/NC) 102/606 _ PC report - Bethel Site Plan Review.doc Page 5 of? 2. Noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance cbaracteristics; 3. Drainage; . 4. Population density; 5. Visual and land use compatibility with uses and structures on surrounding land; adjoining land values; 6. Park dedications where applicable, and the 7. Ordcrly development of the neighborhood and the City within the general purpose and intent of this ordinance and the Comprehensive Development Plan for the City. Findings of fact: L The proposed Welcome Center will not affect the need for parking. One parking space will be added for a security vehicle at the Welcome Center. The Welcomc Center and additional traffic lane may ease congestion during high traffic events. Traffic congestion is unlikely to increase with the project 2. Upon completion, the project will not increase noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics. 3. The project may affect drainage toward the wetlands immediately north ofthe project. Pennits may be required from the Rice Creek Watershed District 4. The project will not have any affect on population density. 5. The project will likely increase the visual compatibility with other uses on the site. The church-like architecture will be compatible with other structures at the University. Due to the distance from the highway and adjacent properties, the Welcome Center is unlikely to have any significant visual impact on the highway or adjacent properties. . 6. The park dedication requirement does not apply in this case. 7. The proposal meets the requirements of the Zoning Ordinance, does not conflict with the Comprehensive Plan, and is within the spirit of the Bethel University Master Plan. Resident Comments Staff has not received any letters, e-mails, or telephone calls from property owners or occupants in regard to this planning case. Staff Recommendation Based on the findings of fact, Staff recommends approval of Planning Case #06-007 for the Site Plan Review ofthe Welcomc Center, sidewalk, and special events traffic lane subject to the following nine conditions: 1. The Applicant shall continue to abide by the conditions of approval as stated in the approved Special Use Pennit (SUP) Master Plan and the subsequent SUP Amendments. City of Arden Hills Planning Commission Meeting/or March J, 2006 \\Metro-illcl.us'lnrdenhillsIPlanning\Planning Cases\2006106-007 Bethel site plan review (PENDfNG)\021606 - PC report - Bethel Site Plan . Review.doc Page 60f7 2. The project shall be completed in accordance with the plans submitted as part of the Variance application. Any significant changes to these plans, as determined by the City . Planner, shall require review and approval by the Planning Commission. 3. No construction shall begin before plans are approved by the City of Arden Hills' Building Official. 4. Utility, grading, drainage, and erosion control plans shall be submitted to the City as deemed necessary by the City Engineer and Building Official for approval prior to the issuance of a building permit. 5. The applicant shall obtain all necessary permits from the Rice Creek Watershed District. Copies of any such permits shall be provided to the City. 6. Best management practices shall be used to control erosion. Erosion control measures shall be implemented before construction begins. 7. Groundcover shall be reestablished as soon as possible aftcr construction begins. 8. The applicant shall submit and implement a landscaping plan to replace trees that are removed. The plan shall be in accordance with City landscape standards as listed in the Landscape Plan section of the Zoning Ordinance Procedural Manual. The landscaping plan shall be reviewed by the City Planner for approval before implemented. 9. All signage shall require an approved sign permit application before installation. Approval of this site plan review shall not imply approval of any signage associated with this project. Options 1. Recommend approval as submitted. . 2. Recommend approval with conditions. 3. Recommend denial with reasons for denial. If the City denies the petitioncrs request, ".. .it must state in writing the reasons for the denial at the time it denies the request." 4. Table for additional information. Deadline for Al.!encv Actions The City of Arden Hills receivcd the completed application for this request on February 6,2006. Pursuant to Minnesota State Statue, the City must act on this request by April 6, 2006 (60 days), unless thc city provides the petitioner with written reasons for and additional 60 day revicw period. Thc City may, with thc consent of the applicant, extend the review period beyond the initial 120 days. Attachments 3C-l Application and statement from thc applicant 3C-2 Air photo and photographs ofthe site 3C-3 Survey and drawings from the applicant City of Arden Hills Planning Commission Meeting/or lv/arch J, 2006 . \1Merro-inet.us',ardenhiJis\Planning'IPlanning Cases\2006106-007 Bethel site plan review (PENDING) 1021606 PC report - Bethel Site Plan Review.doc Page 7 of7 -- . Attachment 3 C-l Application and Statement from the Applicant . . "~ For Office Use Only ~HILLS Planning Case No. . Submittal Date 1245 West Highway 96 Application Accepted By Arden Hills. Minnesota 55112 Receipt Number Telephone (651) 634-5120 Council Decision Fax (651) 634-4137 Council Decision Date www.ci.arden-hills.mn.us 2006 LAND USE APPLICATION Applicant Information Applicant: Bethel University, ATTN: Br liC e Kunkel,. VP Campus Services. Address: ,qnn Be t he 1 Drive,. St.Paul MN 55112-6999 Telephone No.: 651-638-6431 Fax No.: 651-635-8880 Email Address: b-kunkel@bethel.edu Property Information Property Owner Be t he 1 University - Attn: Br uce Kunkel, VP Campus Owner Address St.Paul MN 55112-6999 Servic 3900 Bethel Dr i ve ,. Address of Property Involved: 3900 Bethel Dr i ve ,. St.Paul MN 55112-6999 . Legal Description: Property ID No.: ? R 10? 1140001 . 283023110001 Current Zoning: .-R0'_1_ _._~- ----~-~~ Type of Use: (TTnivpysity) Limited Business District Property Acreage: 231 Bpe of Request' 'Applicants are responsible for reimbursement of consultant Apportionment of Assessments ($30) fees associated with filing, o Comprehensive Plan Amendment ($300) reviewing, and processing of o Final Plat (including in Preliminary Plat) this application. Such fees are to I o Minor Subdivision (lot split/consolidation) ($300) be paid in escrow up front or i: o Planned Unit Development ($600 + escrow) upon receipt of statement from o Preliminary Plat ($400 + $25 per lot + escrow) the City of Arden Hills. Fees include costs for consultants i' o Rezoning ($300) retained by the City and include lID Site Plan Review ($400) I consultant planning services, o Special Use Permit or Amended Special Use Permit ($300) attorney, and engineer. o Vacation of Easement ($250 + escrow) Payment of park dedication o Variance (Sign Ordinance) ($250) fees, established by City Ordinance, are requ ired with [J Variance (Zoning Ordinance) ($250) certain procedures. . o Zoning Ordinance Amendment ($300 + escrow) Pagelof3 --- 1 Brief Description of Request (please also include a detailed letter explaininq the proiect): The proposed project consists of constructing a new We lcome . widening portion of the roadway, and providing sidewalk, Cent_~r ~ a :=tr the west entrance to Be t he 1 University. See attached detailed proiect description. -------- , -'.'-~-- --~-- ----- ~_.- FilinQ Requirements and Payment of Fees The City requests that you make a pre-application meeting with the City Planner to discuss the application process, requirements, and deadlines. The undersigned acknowledges that shelhe understands that before this request can be considered, all required information and fees (including all deposits) must be paid to the City in advance. If additional fees are required to cover costs incurred by the City, the City Planner has the right to require additional payment from one or more of the undersigned, who shall be jointly liable for such fees. Such expenses may include (but are not limited to) direct city payroll and overhead costs, fees paid to consultants and other professionals, and the cost ot printing, mailing, and supplies. The City may withhold final action on a land use application andlor . rescind prior action until all miscellaneous fees have been paid. Applicants are advised that an escrow deposit is required at the time of the submittal of the Land Use Application to offset costs associated with the proposed project. Required Submittal Information The City of Arden Hills requires the following submittals for all Land Use Applications: . A certified land survey. . Site plan(s) (for all deveiopment projects). . Five (5) large scale copies, folded in sets no larger than 8 Yz" X 14" with the print side facing out, . Fifty (50) copies of 11" x 17" reductions of ALL PLANS MUST BE 3-HOLE PUNCHED AND Z- FOLDED, . Mailing labels of all properties within 350 feet of the property (this information may be obtained from Ramsey County). True and accurate representation of the requirements outlined in the procedural form for the specified type of request is the responsibility of the applicant. Complete/Incomplete Applications - An incomplete application will delay the processing of land use requests. The application approval time commences and an application is considered officially filed when the City Planner has received and examined the application and determined that the application is complete. A decision on whether the application is complete or incomplete shall be made within fifteen (15) days following the submittal of the application. When the application is deemed to be "complete" it shall be piaced on the agenda of the first . possible Planning Commission meeting occurring at least thirty (30) days from the date of official submission of the application. Page 2 on ------- -"""~=-...,,-_._,.,.. n.....' j i j ! Notice of Meetina Attendance I i . In order for the Planning Commissioo and the City Council to consider any application, the applicant Of a I desigrJated representativa must be present althe scheduled meeting. If not, the matter will be tabled until I the next available agenda. I Aaenda Deadline and MeetinQ Schedule The deadline for submittal of land use applications Is required acconJing to the schedule outlined below. L There are no exceptions. All Planning Commission meetings. are held on the first Wednesday of each j J month at 7:00 PM. City Council meetings are held the last Monday of the same month at 7:00 I"M. I Meetings are held In lt1eCounci Chambers at the City Of Arden Hills, 1245 West Highway 96, Arden Hills. Minnesota 55112, unless olherwlse slated. Applicants are advised thai additional meetings and/or workshops are scheduled when necessary upon approval of the Planning Commission. I 2006 SCHEDULE tsubject to change) TENTATIVE i ClTYC,OUNCIL ! MEETING I , DATE' I , (Generally held on 1 IastMcindII at 7:00 I i i I i f . I I , ! I ; , I I I j . Acknowledaement and Sianature I I . . i acknowledge that I ead aR of the information listed In the City of Arden HIlls Land Use ApplIcation i I a~e for all costs incurred by the City related to the processing of , ? r- . c-< 4:' kt ~, ~6D~ . I I . I Appflcant Signature Date j I r- ! ~ J l , j ~ Please contact the City Planner at (651) 634-5134 if YOll have any questions regarding your application. I t- ~ " 1 , ! I I 1 Adrfl/kJnaI copies of this application form are available on the City's websiCa: !! ,i hlfo:fIlvww,ci.arrJen-hills.mn.us/DeDarlmtm/SICommunitv Deve/oomenr/Plann/nq/(J/annina formshtm , . I , Page 3 00 I I ! I Bethel University Proposed West Entrance Improvements . Dctailed Explanation of the Project Bethel University intends to construct a new Welcome Center and geomctric improvements at the west entry of the campus. The new Welcome Center will replace the existing guard shack. Situated on a raised island near the centerline of the entrance drive, a circular bench will be provided at the southerly end of the island. At the northerly end ofthe island, a parking stall will be provided for a sccurity vehicle (see Drawing A-I). The Welcome Center will be an architecturally designed structure with exterior of stucco and features that will enhance aesthetics (see Drawings A-2 and A-3). Entrance road improvements will include adding a traffic lane on the inbound direction in the inunediate vicinity of the Welcome Center (see Figure 1). The additional lane is needed to alleviate congestion and improve the capacity of the entrance drive during peak vehicular traffic volume generators such as athletic and cultural events at the University. During normal vehicular volumes the additional lane will be closed to traffic. To accommodate pedestrians, a six foot wide walkway will be constructed along the westerly sidc of the entrance drive from the existing walkway system on campus to the Old Highway 10 pedestrian crossing to the athletic complex. Accessibility will be provided. A portion of the walkway will abut the widened entrance drive on the westerly side of the road. The configuration is anticipated to minimize the loss of trees along the . westerly side ofthe roadway. Concrete curb and gutter will be constructed along, among other places, the walkway where it abuts the roadway to define the interface ofthe roadway and the walkway. A brick or block retaining wall will be constructed along the westerly side of a portion ofthe walkway to minimize the loss of trees on a knoll that is situated along the westerly side of the sidewalk. Also retaining walls are expected to be needed along the westerly side of part of the walkway to enable constructing the sidewalk without encroaching on nearby wetlands. No wetlands are cxpected to be impacted by the project. Erosion control Best Management Practices will be implemcntcd and maintained during construction to curtail sediment transport due to the construction. . . Attachment 3 C- 2 Air Photo and Photographs of the Site . . ------- .~ .. 't . ~ '0 u ;>; " ..9 < M ~ 'IJ~ ~ ~ 111 ] 00 ~~I ] ,q "j f ~.Iz c ~ !.!i~~~J~~~~1 .ib< H~ 8 ~u IH :r ..9r '~ ,\,\\0 c _ ,- . - " 'E~ ~n ~e~ c,:! {; .S! eo; = 'S'- '=", ~ ~l ! ! :.8 ~ I .~s..e ~.~ :;8 I , ~~N I .~ , I 6..cdii ~r r-- l.t = ,8<5 = l!'~ s'_ I n I,Q = 'II: c~ u ~h =- :;~"ii ~ Iii 0 ~ n~ ... " ~ :~u ~ ~~.s = ~e8 = ill;;; - =- ,,"'M 8ij ~ eM~ .... ".ij ... ~;;;'" 00 - .. ~~ ~ .u t -. -= :€~~ t: . ~ ~ ;o~ ;;,~ ~5~ -] - ~g8 '" N "'- . ::!1s0 ~M 3 ~ ij is ~ v; '" ~ 0 '" - i . .- Q) c ro en - ..>c:: ~ 0 ro 0 .r:. 1: en Q) 5 "0 > '- 0 ro "0 Q) ::J Q) OJ en -- "0 0 > 0 n.. Q) "0 e '- n.. 0::: ro "0 ~ '- 0 ro C ..... ~ 0 co ..... - .n.. 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'-' '" ~ ~ ~~ fl ~~CQ~1 ; New West Entry ,~"" "'''12<>0800. , ~ ; .;1,," , ~'6I 3;1", -. @ Cl) >5' ~~":~i~~& Welcome Center ~ in n:J::!.. D. ~-2 L;; '" '" . ~~S" o-~" ~ g:' f ~ '" 115 ... $~ ,[ . ~~!!i,h.:>~~, Bethel University b: fj ctl:J .. ~'<:lc._",Q. ~ r ~~~aii ~ Arden Hills, Minnesota 551_ ~ ~ . ~ . . . N ~ S~"l !! ! F" ~ .'. ! !,!'! Ii! 'I H I If ! '0 " I . ; I j1i .:( i~ll. " :] . , H . !f-U~ o !~ - ~ ..~~ g ~ ~ Ii" ~ II ~-~ 1 . I iH ! I,!! : ~~ i !~p 1'1 ! ,! , ! II I 1 i d! il" ~~~ 'l~ " I I ~i I , ! n . ~ ON n ~Q.~ , 1'1 i .' \ ! ~ .. ~ ~ ~ . ~ ~-~ if , ~ iE m l "~I , " j~X I" l " I , i ".", ::l I ~it ~ ! H I ! . ! ' "i , , ",li , L ~ , i , t .'. i! II i . , ! ! ! , "~I d , ! !. l ,I, , I ! ; , ~~ ..., I '1" I z 0 " 0- ~ 0 c '1 ~ . ~ 5' 0 ~,~.- -- ~ . '1 ~ 0 J'-101Lt '" c ~ 0- co ~ ro g ~ S' 0 - - - _ --.l'".5.lli.: '1 0 c -' 0- co " 0: " " 0 ~ " I z '1 ,".8. L--= W ---~ I 1 r I~ 11" . <I!'~ i![ OH T' I' H[ if . if " ~ o~ .3 ';~ ' I;, .1 I J s: li<i ! !ll i: :1; 1,1 Iii! 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I H _ I" I I ! - I"' , " 1 · · "I 'I' !.\,". - < ~l ~.s~~, ~' ~".~ ~ <, :. ~ [~~ C! }" ~~i' ~ ~ g ao !'! I 9.1 < , . ....l. _ 'K G! -c;// ~ ~ f ....l. ....l. ..... Q) ","l~;:g S,/./. ~~!i (]l . .j:::. h~.3,"'! _~' ~~ G"\.-:!: "1' ~~.l~,_;;f". ~"" "t~~i '" o'!" :!' /' It> -- N 0 [ Ii t," -, /:. 0> . 0 -, !:l ~ /.' 3 0 " l~l, g ~r- /" ~ ~ ~ / ~~t~~ "..~f." // fr ~ '! /f ~ 0>3 ' f""; / ro " /( t ::, .' ,./ C> . <I. " ~ rr . ~ /- Q [I ~Il 1 i ~ l ; q!;:! " - S/~! f, I I 0 I I I i co' . ! -" ' I~, , ; . , V'l ~ oi~ OJ' 51t~~ ... ' . I :; ~ 8. g ,1,- R ~ ,'//111 ~ II 1(", W,F"!' ! ~! d Ii , I!!,,! i~ 0 " \!, ~s ~ !; t i -! .~. ~ - ~ , !U'nH H!HliiPfUf *~!!HiHln;~ r P'i!i ~ ! Hili: M1 iI'! - <'i Ii c' , '1' It ! 1! r! - ,I I' 'Jl! .1j' ! ! I ..!, ! 1'! f -"""""'~"'''''-I ! ! ~ 1 N~ !"'i!! I! ! II !i i ! I, ~ H 1! "'I! II!! , I! ! H : ! ~ H f ! ~ i " _~.~ ~~ i ii. ~~ t i ,,~ . . i 1!;!i ~lt ii. . 0 ~ ~ "I ~ - ~ " Ii! i: l I ~" ! j 1 ' H! n p~ , h.@i\, ~! j I! ii' -1, 1'1 I I ~ ! ' ! , "mJ"'" !,;'i'X ',',' w 1 ~>, ~ ,. !'t:r 1[, ' I ., , II \ I I " U"i ~!'" !l}~"l P' I ". 1 ,! l:t~! H .. 00 0 If' ,j! 'I'H' '! 1 \ 'I ' ',' . , ",' I" , " ~ il" ~ ~'. .a.~-&~ t 5 "ii :':.5 !!,"i;:; i ~ il" i!.!, ';1'ii.~1 ~~ 3- ~ .~~ Pg ,>. .i ~ ~ jj ~ ~,",,,- ~ ~ ~cai!. n , , r ~" ~~ohj III !' !!~~l! '1, "tJ_,weSI Entry ;t;'~Qo17.oo. a l.' . '" l~ . !~"~"" Welcome Center co OJ::C o. :;~ q~ ii ;: c~g~-gg';! :!. 7' Vl ----- p~ rl'"" . ~ ~..! ~'" 3,>13 -. Bethel University ro ~ .. ~ ~ ~ !>: ~;: ~~ ~ " '! Arden Hills, Minnesota 551_ n . g - 1:1 il:~H~ ~ [ ur ~ . ~HILLS MEMORANDUM DATE: February 21,2006 PC Agenda Item 3.D TO: Planning Commission FROM: James Lehnhoff, City Planner SUBJECT: PC #: 06-008 Karin Muska 3260 Snelling Ave N Special Use Permit for a Class II Special Accessory Home Occupation Requested Action The applicant has requested a Special Use Permit for a home-based message therapy establishment, which is a Class II Special Accessory Home Occupation in the R-l Zone. . Backl!round 1. Overview of Request: In April 2005, the City Council approved a Zoning Ordinance amendment to allow Massage Therapy and Massage Therapy Establishments with an approved license. The Massage Therapy Ordinance (No. 356) requires a special use permit in the R-l, R-2, and R-3 Zones for a message therapy establishment based out of a home. Massage Therapy is designated as a Class II Special Accessory Home Occupation. The applicant is seeking to open a professional massage therapy establishment at her home at 3260 Snelling Ave N. According to the applicant, the business would be by appointment only and would not involve any signage or changes to the exterior of the structure. The applicant has submitted the information for the required licenses, which does include a background check. The licensing applications will be processed after a decision is made on the special use permit application. City of Arden Hills . Planning Commission Meeting for March I. 2006 \\Metro-inet.us\ardenhills\Planning\Planning Cases\2006\06-008 Muska massage SUP (PENDlNG)\021406 - PC report - Muska SUP_doc Page 1 of5 --- ---.- --.--- 2. Surrounding Area: ZoniI'g North Low Density Residential R-l: Single Family Residential Single Famity Detached South -- n 51 East Park R-l: Single Family Residential Vacant West Low Density Residential R-l: Single Family Residential Single Family Detached 3. Site Data: Low Density Residential Single-family detached home R-l: Single Family Residential .37 acres The property is flat by the dwetling and slopes down toward the south and the east Plan Evaluation (Statutes & Findiul!s of Fact) 1. Class II Special Accessory Home Occupation Analysis and Findings Ordinance: . Section 6.B.3.c.(l) of the Zoning Ordinance regulates Class II Home Occupations, which includes massage therapy. Home occupations may be allowed by special use permit as regulated in Section 6 of the Ordinance if they meet the following conditions: 1. The primary business activity shall be conducted by an occupant of the residence; 2. One person not residing in the residence may be employed to assist in the business activity; 3. The use does not occupy more than thirty-three percent of the floor area of the dwelling; 4. The use has a limited number of patrons visiting the premises; 5. Off-street parking for no more than two additional vehicles other than those required by the occupants shall be permitted; on-street parking shall not be used to satisfy required parking; 6. The use requires delivery of products to the premises no more than once per day. Findings: Staff offers the following findings for the home occupation requirements: City of Arden Hills Planning Commission Meetingfor March I, 2006 . \\Metro-inet.us\ardenhi11s\Planning\Planning Cases\2006\06-OO8 Muska massage SUP (PENDING)\021406 - PC report - Muska SUP.doc Page 2 of5 1. The business will be owned and operated by the applicant, Karin Muska. Tbe . applicant is a resident of the dwelling. 2. The applicant has indicated that the home occupation will not nccd any additional employees. 3. The proposed use would occupy 12.5 percent of the floor area of the structure, which is less than the 33 percent maximum. 4. The applicant has indicated that the therapy service would be by appointment only with no more than one client at any given time. S. Due to the limited number of clients, the existing driveway offers sufficient off- street parking. 6. The proposed use is unlikcly to require product deliveries at any frequency greater than once per day. 2. Special Use Permit Analysis & Findings Ordinance: Section S.D.3.b of the Arden Hills Zoning Ordinance lists the criteria for evaluating a Special Use Permit. The Planning Commission and City Council shall consider the effect of the proposed use upon the health, safety, convenience and general welfare of the owners and occupants of the surrounding land, in particular, and thc community as a whole. The evaluation criteria include, but are not limited to, the following factors: 1. Existing and anticipated traffic and parking conditions; . 2. Noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics; 3. Drainage; 4. Population density; 5. Visual and land use compatibility with uses and structures on surrounding land; adjoining land values; 6. Park dedications wbere applicable, and the 7. Orderly development of the neighborhood and the City within the general purpose and intent of this ordinance and the Comprehensive Development Plan for the City. Findings: The Planning Commission must make a finding as to whether or not the proposed amendment to the Special Use Permit would adversely affect the surrounding neighborhood and larger community as per the aforementioned factors. Staff offers the following findings for consideration: 1. The proposed use is unlikely to affect traffic or parking conditions in the surrounding area. City of Arden Hills . Planning Commission Meetingfor March I, 2006 \\Metro-inet.us\ardenhills\P!anning\Planning Cases\2006\06-008 Muska massage SUP (PENDING)\021406 PC report - Muska SUP_doc Page 3 of5 --.------- ------ --- -----....----- 2. The proposed use will not produce any additional noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, or any other nuisance . characteristics. 3. The proposed use will not affect drainage. 4. The proposed use will not affect the pem1anent population density of the neighborhood. 5. The proposed use will not change the exterior of the existing structure; therefore, the use should be compatible with existing uses and structures in the surrounding properties. 6. The park dedication fee does not apply. 7. The proposed use is in conformance with the requirements of the Zoning Ordinance, the Massage Therapy Ordinance, and does not conflict with the Comprehensive Development Plan. Resident Comments Staff has not received any letters, e-mails, or telephone calls from property owners or occupants in regard to this planning case. Staff Recommendation The applicant has submitted the required Massage Therapist License and Massage Therapy Establishment License application. These applications require a background check, which will . be processed upon completion of the Special Use Permit application. In Planning Case #06-008, Staff recommends approval of the Special Use Permit based on the findings of fact and subject to the following five conditions: 1. The special use permit shall not be transferable to other individuals. 2. Approval of the special use permit shall be contingent upon approval orthe Massage Therapy Establishment License and Massage Therapy License. 3 The applicant shall comply with Ordinance No. 356 of the Arden Hills City Code regarding Massage Therapy Establishments and Massage Therapists. 4. The applicant shall comply with Section 6.B.3.c.(1) of the Zoning Ordinance that regulates Class II Home Occupations. 5. Any changes to the structure shall require review and approval from the Building Official. Options 1. Recommend approval as submitted. 2. Recommend approval with conditions. City of Arden Hills Planning Commission Meetingfor March 1. 2006 . \\MetrQ-ioet.us\ardenhills\Planning\Planning Cases\2006\06-008 Muska massage SUP (PENDJNG)\021406 - PC report - Muska SUP.doc Page 4 of 5 3. Recommend denial with reasons for denial. If the City denies the petitioners request, . "... it must state in writing the reasons for the denial at the time it denies the request." 4. Table for additional information. Deadline for Al!ency Actions The City of Arden Hills received the completed application for this request on February 6,2006. Pursuant to Minnesota State Statue, the City must act on this request by April 6, 2006 (60 days), unless the city provides the pctitioner with written reasons for and additional 60 day rcvicw pcriod. Thc City may, with thc consent ofthc applicant, cxtcnd the rcvicw pcriod beyond the initial 120 days. Attachments 3D-I Application and statemcnt from thc applicant 3D-2 Site Plan, Air Photo, and Photograph ofthc sitc . City of Arden Hills . Planning Commission Meetingfor March I. 2006 \\Metro-inet.us\ardenhills\Planning\Planning Cases\2006\06-008 Muska massage SUP (PENDlNG)\021406 - PC report Muska SUP.doc Page 5 of 5 . Attachment 3D-l Application and Statement from the Applicant . . .------~--. ~ For Office Use Only . Planning Case No. ~~-0Z'l__ ~HlttS Submittal Date z...,-c-( 1245 West Highway 96 Application Accepled By i- Arden Hills, Minnesota 55112 Receipt Number - Telephone (651) 634-5120 Council Decision Fax (651) 634-4137 Council Decision Date ~- www.ci,arden-hills.mn.us 2006 LAND USE APPLICATION Applicant Information / . . . .l ~ Applicant: litf ! ~ +~({; t~j Address: '3 ." " (' C?L\J Ih;; /J Telephone No.: 1./:;/- ~'3?-D t/&{~ Fax No.: Email Address: Property Information M/Grl ~ ~!L/ ;'/k~'-'~ Property Owner Owner Address :3/d' _ 5zq:(f~~~~ ;CI . Address of Property Involved: . .,at&./lL(nt(.) _ Legal Description: Property ID No.: 34}CJZ}) to (7 Zt' _.__m_____m .____m__~______~ Current Zoning: ft.-I Type of Use: '1 \ t--d c.. -tc.fI-'/ If rt'f(d-r II -f/k- J Property Acreage: .57 Bpe of Request' 'Appllcants are responsible for I reimbursement of consultant " Apportionment of Assessments ($30) fees associated with fHing, 1 I o Comprehensive Plan Arrendment ($300) reviewing, and processing of ~ i o Final Plat (including in Preliminary Plat) this application. Such fees are to ~f o Minor Subdivision (lot split/consolidation) ($300) be paid in escrow up front or I' o Planned Unit Development ($600 + escrow) upon receipt of statement from a, o Preliminary Plat ($400 + $25 per lot + escrow) the City of Arden Hills. Fees (" o Rezoning ($300) include costs for consultants IX o Site Plan Review ($400) consuUant planning services, ' ~ Special Use Permit or Amended Special Use Permit ($300) attorney, and engineer. ' o Vacation of Easement ($250 + escrow) Payment of park dedication fees, established by City o Variance (Si9n Ordinance) ($250) Ordinance, are required with I . o Variance (Zoning Ordinance) ($250) certain procedures. ~~ o Zonin9 Ordinance Amendment ($300 + escrow) '~'-\.~ , Page t of3 -..---..- .-. --~....~- Brief Description of Request (please also inc~ude a detailed lelter explaininq the ProieCt):. .. 1 '. 72 ,- d ;::. k .' U' [/;Je: ?C "Of} 11-" {/ iLk' _ " l., ,- , /, c.<.-~>7' ./. (i'r ~ ~[(f'.{..ZZC;.Q.. -10 'f'vrz; I? h<f ;:-YJ{)tcXC;{'(v~C ~: l'~;;;; dl" ~~ '7 Z;;~~ ,~),~~:: ~ ':~, /Je a_L--f-..f, :;;.(!.( L 7" t' r!{ (in/t/-iJ0r.l-) ( ti- (2v,--<'YO- i).f/ (~e h (" C (. ((<p/~) 1/t'-- d 00" _< ~~ __ '701 ;;(,/1/( .,----, I :/, ,'1-. . " ~ I 1."- )~~ , - - ~ FiIi~e~~an'Y ayment6fFeiP ?~~ ----3TA' The City requests that you make a pre-application meeting with the City Planner to discuss the application process, requirements, and deadlines. The undersigned acknowledges that shelhe understands that before this request can be considered, all required information and fees (including all deposits) must be paid to the City in advance, If additionai fees are required to cover costs incurred by the City, the City Planner has the right to require additional payment from one or more of the undersigned, who shall be jointly liable for such fees. Such expenses may include (but are not limited to) direct city payroll and overhead costs, fees paid to consultants and other professionals, and the cost of . printing, mailing, and supplies. The City may withhold final action on a land use application and/or rescind prior action until all miscellaneous fees have been paid. Applicants are advised that an escrow deposit is required at the time of the submittal of the Land Use Application to offset costs associated with the proposed project. Reauired Submittal Information The City of Arden Hills requires the following submiltals for all Land Use Applications: . A ee.Ftifie:a lanEl S~(,:8Y. . Site plan(s) (for all development projects). . Five (5) large scale copies, folded in sets no larger than 8 y," x 14" with the print side facing out, . Fifty (50) copies of 11" x 17" reductions of ALL PLANS MUST BE 3-HOLE PUNCHED AND Z- FOLDED. . Mailing labels of all properties within 350 feet of the property (this information may be obtained from Ramsey County). True and accurate representation of the requirements outlined in the procedural form for the specified type of request is the responsibility of the applicant. Completellncomplete Applications An incomplete application will delay the processing of land use requests, The application approvaltimc commences and an application is considered officially filed when the City Planner has received and -- examined the application and determined that the application is complete, A decision on whether the application Is complete or incomplete shall be made within fifteen (15) days following Ihe submittal ot the . application, When the application is deemed to be "compiete" it shall be placed on the agenda of the first . possible Planning Commission meeting occurring at least thirty (30) days from the dale of official submission of the application. ' Page 2 of3 ---. .1f' +~ tL /il()/-i'-- ITLCd~ lU~a .<J.-.[ c/ (// c-c S {&.J-y"-----,, . lu l71u~ I- pYV1LS _ tu<~ ;,U it!-, Ch' rC [^- ty! ( /7 i/'Y ;rl U?;I' jyl/I 1-5 {~Z.f /}/1D 'fCUL-, . ~ ~71'C IL r(&tnL 15 iu-Sc'-.- ~.t 4r { ~ t:J--A--- ri- /A.)/// 4<--lu ~ he"_" rUCc:L.z.'- h ' L--c D-v-j- cfo J2-"vLS {...0~ +~c'z- f ~! ~fd(JS- 0,--/Jecf- ~ tb I'VL /lDI t>z~-/js?e-,f- v;/--- tZo{U:Lc/ h~~ (i/J vJ tu~ ?o ~CC-fO e {/Z/cfy ()! tTj cf0 Ij;v. ~ r.s;.- [/J/'-- t/v- >>~1- . h cryJ/Lf I iu tvu-4' I/v- 1/0 ~k "Yd OZ IZ'LtL ss; {~C. jfc..&P{L/o ~c{ ~ / ~ pc;~c ~_cLL /Jl vY~ '- tL ;J V'P'- t7~ J/~j/ )jJ7 L Pf t2-<J - I ~ ?~I- . ---~._- - Notice of Meetinq 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 will be tabled until the next available agenda. Aaenda Deadline and Meetinq Schedule The deadline for submittal of land use applications is required according to the schedule outlined below. There are no exceptions. All Planning Commission meetings are held on the first Wednesday of each month at 7:00 PM. City Council meetings are held 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. Applicants are advised that additional meetings andlor workshops are scheduled when necessary upon approval of the Planning Commission. 2006 SCHEDULE ('subject to change) v~___._ TENTATIVE TENTATIVE PLANNING CITY COUNCIL COMMISSION MEETING APPLICATION MEETING' DATE' DEADLINE (Generally held on (Generally held on DATE' 1" Wednesda at 7:00 ,m. last Monda at 7:00 .m. ~t(;;'~~~l~1\t;1tllifRWi::!>'" ::p~~rjjjt:",<"~ tg,j",]:glc~'!l;~j!'V"J'IJ'l'il'@1;~~~~u!it'!ii::~~"; ~~~:;~}i':i~.(jvjjjjj!VliiJ:i~~:;~~'~J.~~llil Januar 3 Februar 1 Februar 27 ;:~iji~~[~~~~~l~g'PEg;1l~~.:~~~~~~~~~~~~~ ~~~~~~~f~t~~~~~~~~;;;;~;':::~~~~: i~~~i~~~~J~~~J.~~rffi~~=-h~'ffi'~H March 6 A ril5 A ril24 . ~1~~~~~~_n~'"i~~~~:~g~~~~ June 7 Jul 3 Au ust 2 g~m~;mr~~f;~~~~~fi€~=f:~~=>~~-j~~t1l,~~~~~~~~ ~~~~~~~~1~il1fj,~~I~~r~~lli't~~~ik~ Se tember 5 October 4 :~~rJ_~L~~f~~~~~l~1~l~1f:ift~1~~~gstJ~h~~~ ~~~~~~~~~~b,ie.~~[~1~~[~~~'\.~~~; November 6 December 6 December 4 Januar 3 (2007) Acknowledaement and Sianature I acknowledge that I have read all of the information listed in the City of Arden Hills Land Use Application and fully understand that I am responsible for all costs incurred by the City reiated to the processing of this application. ~f/i( 4 t II i. ,;L - 7- (! (p / ~' t. <, [Jc Appli nt Signature I Date - Please contactlhe City Planner at (651) 634-5134 if you have any questions regarding your application, -,. Additional copies of this application form are available on the City's website: . httD:I/www.ci.arden~hilJs_mn.uslDeDarlmentslCommunitv DeveloDmentlPlanninalofannina forms.him Page 3 on . Attachment 3D-2 Site Plan, Air Photo, and Photograph of the Site . . ----------- 4J ",lJ ~~ :gj ~i ~ ~~ So' E .m ."l '" "l i:. ",,'" " "".,," . .".. . ] . o "8 ,s m '" C ~ N " " ~ " - ,~, h~ , ., ~",' , ~ '.' , ~ . ,.' , .~ , ,,,, " " o ,I, - . . - , ". o I" , -"" , . c" ., ..' . ' . ." ,,' ,,-' ~ 0 '" , ". -' ,,- -' . ., Q" . " ~. u! -' ... " .. u' ." Q' ;:' ,.,' . ,,' " o~o . . ,., " ' .l' - ' " " ' . ,. . ' .". ~ ' _ U 0;:;-0 " " 0 " , ~~" , lJl " "15 ~ " ~~ .' ", "," ""5 I'"'' ,,' " ,,", I" cc;,s ,"" &'~ , ". -0.,-,01 " ~;'" " "om , 8~ " ~"g , >,.t;i:: " 'ii >" ~ ~-,. " ~Oo ~ " ~88 , . ~ AQ ~ ~. ~.q~ " U " ~ or. ~ .::l 6 3: g.-~j ::: >- 0 .~.5t: ~]~ .. <dO ",uO wB('.l ~ Bg .,. " .~ ..J U " ~ - - " o ..::; j; 3 o u > ~ ","<>"~H ~ '" r.i:i UJ u S g ~ ---- ~ ~ t ~~ ~~ E n~. ]~ "'. "[ . ~ . & . ~ ~ 'C 'uU~I~. 5.~Z g p~~,~*~~1m ~ ~&~~8&~o'~" -0 _~~=~ V " ,,"%.~ 0 Ji M . 8 ~ M C . "~.."':f;'''''h',''-'''-'','- '.,. . 00 .::,...,....,J-:"'~-"l;<;.\.'-'_....... a c: > . '., ";Jj",.'...~,..,.'. '-~- >.~ _<, _ d~; ...,~_.. .... _.... d!!I .._~"~,'~,~: 8 <J '- ~'t:';~.2i3.ij ',-"':"SI <>";- t:::", .(~ ' '-~2<=a "2 ~'E o o..~ ~ 8'<;; ~c:~ oe"'O l::~ c: .2 ~~ .5 ......:3 ._~ l..) ~ ~t o 8~ ~ o :118 , ,- 0 ~ \0 0._<2 o E.~:g 'l:t:: .""" U ~. f-- . . c . " ' ~ . " ..... 0.2" ...... ."~ ..... .;: ~,; S ~.~ ~ . ~ ' ~ ~ ~ . t':l ..... <.J ~ Q" fZJ t':l ~ '" ::l ~ j gje ~ o OJ> i . 0.. ::>0> (f) .~ - .ro- ~ Q) en S ::JO ~ . , . ~ ~~HILLS MEMORANDUM DATE: February 21, 2006 PC Agenda Item 4.A TO: Planning Commission FROM: James Lehnhoff, City Planner SUBJECT: Front Porch Encroachment Backe:round In May 2005, the City adopted an amendment to the Zoning Ordinance that allowed front porches to encroach into the front setback under certain conditions without a variance (Section 6.C.2.d). One ofthe conditions was that the front porch could not be any closer than 30 feet to the front lot line. However, in certain parts of the City (e.g. Chatham neighborhood), many of . the homes were built 30 feet or less from the lot line, which precludes them from constructing a front porch per the current front porch ordinance amendment. Although the amendment did increase flexibility for many of the dwellings in the City, entire neighborhoods are still unable to construct a front porch. In September 2005, the Planning Commission reviewed an ordinance amendment proposal to allow the construction of a front porch for homes that are closer than 40 feet to the front lot line in the Chatham Subdivision. Based on a review of the minutes from that meeting, the Planning Commission was concerned with the proposal because it singled out a specific neighborhood and may not have resolved the issue for most of the dwellings in Arden Hills. Staffwas requested to revise the ordinance amendment with the intent of resolving the issue for virtually all dwellings in the City instead of an ordinance for a specific neighborhood. Ordinance Proposal Staff has prepared an ordinance amendment that addresses the front porch encroachment issue for virtually all dwellings in the City in a consistent manner. The basic idea of the amendment is to change from an ordinance that states porches cannot be closer than 30 feet to the front lot line to a more flexible but consistent standard. The new language bases the extent of the front porch City of Arden Hills Planning Commission Meetingfor March 1. 2006 . IlMetro-ineLu,\ardcnhillslPlanninglPlanning Case,\2006\()6.QXX Front Pooch Ordinance Amcndment\()222t16 - PC report - Front Porch Encroachment.doc Page 1 orz , encroachment on the current distance between the dwelling and the front lot line. Essentially, the closer a dwelling is to the front lot line, the smaller the allowed encroachment is for the . porch. The proposed amendment would allow the front porch to extend into the front setback up to 25 percent of the existing setback between the front lot line and the dwelling. For example, if the dwelling is 30 feet from the front lot line, the porch could encroach up to 7.5 feet into the front yard (30 feet * .25 = 7.5 feet). However, no porch could be closer than 20 feet to the front lot line without a variance. While there may be a small handful of properties that this amendment does not cover, this ordinance proposal provides a consistent front porch encroachment standard for most properties in the City. Furthermore, this ordinance amendment expands the front porch flexibility to more residential properties in the City while protecting the current privileges of property owners. Under the existing ordinance language, dwellings that are 40 feet from the front lot line can construct a front porch up to 30 feet from the front lot line. This new ordinance language preserves the ability of those dwelling. A copy of the current ordinance with proposed revisions is attached. A clean copy of the proposed new ordinance is also included. Finally, a diagram to help explain the proposed amendment is included. Discussion Point . The primary remaining point of concern is how to handle new structures and existing structures that could build a reasonably sized front porch without the need to encroach on the front setback. For example, should a house that is already 52 feet from the front yard setback still be allowed to be as close as 30 feet with the front porch? And, should new dwellings, including the front porch be required to meet all setbacks? Action Requested This ordinance language is for discussion purposes only. Since this is not an official public hearing, no official recommendation from the Planning Commission can be made. However, if the Commission wishes to move forward, a full public hearing can be scheduled for the April 5, 2006, Planning Commission meeting. City of Arden Hills Planning Commission Meetingfor March I, 2006 . \\Metro-inetus\ardenhills\Planning\Planning Cases\1006\06"{)XX Front Porch Ordinance Amendment\022206 - PC report. Front Porch Encroachment.doc Page 2 of2 .1 Proposed Covered Front Porch Amendment: Section 6.C.2 ofthe Zonin!! Code Section 6.C.2.a. Parts of the Principal Structure. Features which are part of a principal structure. including but not limited to eaves, cantilevered areas, cornices, canopies, awnings, balconies, fire escapes and chimneys, may extend three (3) feet into the required front, side, and rear setbacks but in no case shall these encroachments be less thtln six (6) feet from any lot line. Decks, uncovered porches, ramps, and steps may extend six (6) feet into the required front, side, and rear setbacks but in no case shall these encroachments be less than six (6) feet from any lot line. Required steps per the International Codes shall be permitted encroachments I Section 6.C.2.d Covered Front Porches for Sin!!le-Familv Detached Dwellin!!s. 1. In required single-family residential front yard setbacks, covered front porches (porches) may be attached to tlle-a pre-existin!!(?) principal structure and may extend no mare than 10 foet into the required front setback subiect to the following provisions: (a) The porch shall not encroach closer to the front lot line then the number of feet calculated by the following formula: Current principal structure setback * .75 = Porch setback from the front lot line in feet . (For example. if the mincipal structure is 32 feet from the front lot line, then: 32 feet * .75 = 24 foot setback from the front lot line for thc porch. In this case. the porch may extend up to 8 feet from the principal structure into the front setback) Principal structurc setback is defined as: The setback (i'DIll the front lot line 10 the front of the principal structure. not includinl! overhanl!s, awninl!s, eaves, I!aral!es. stoops, sidewalks. bav windows. cantilevered areas. accessofl' structures, aI/ached I!aral!es encroachilll! on the front setback. existinl! porches. or other extensions or proiections 1101 deemed [Jart of the principal structure. (b) A porch on a principal structure that is fifty (50) feet or more from the front lot line shall not encroach upon the forty (40) foot yard setback. (Should existinl! structures that can construct a porch that can meet the full front yard setback be required to meet the full setback?) (c) A porch closer than twenty (20) feet to the front lot line shall require a review through the variance process. (d) New principal structures shall conform to the full sctbacks of the Zoning Ordinance, including the porch. (Should new structures be required to meet full setback requirements? Example C on !!raphic examplc) I ---- (e) Required steps per the International Residential Code shall be excluded when . calculating the dimensions of the front porch. 2. In required single-family rcsidential side yard comer setbacks, porches attached to the front of a principal building facing the side yard comer setback may extend no more than the number of feet into the required side yard comer setback as calculated in Section 6.C.2.d.(l). proyided that the porch is no closer than twenty (20) feet from the side-yard comer lot line (excluding required steps per the International Residential Code). 3. ; provided that; the poreh is no €loser than 30 feet from the front lot line (eJeelluliag required steps fler the International Residential Code), the poreh complies with the side yard interior setbaeks, the design af the porch is consistent with the City's Pareh Design Guidelines, aHd the porch has heen apprw:ed by the Community De'/elopment Director ar De...elepl'l18f1t Dir~etor's aesignee. The Community Development Director or Development Director's designee must make the following findings to approve a porch I encroachment~-to 10 foot: (a) The porch shall comply with the front and side vard comer setbacks determined in Section 6.C.2.d.( I ) and Section 6.C.2.d.(2 ). (b) The porch shall complv with all other aspects of the underlying zone, including the side yard interior setbacks and impervious coverage limits. (c) The design of the porch shall complv with the Porch Design Guidelines. . (d) The exterior materials of the proposed porch are-shall be consistent or complementary in color, texture, and quality with those visible at the front of the dwelling; I (~) The roof of the proposed porch is-shall be properly proportioned to and integrated with the roof ofthe dwelling and has no less than a 3112 slope; I ([e) The base of the porch is-shall not be open; the base shall be either a masonry perimeter foundation (note: frost footings will be required for a building permit). or be screened by a solid fascia consistent with the front of the home or lattice with openings no larger than 2 inches x 2 inches and painted to be consistent with the front of the home. I (gd) At least sixty five (65) percent of the exposed porch fa~de (excluding the foundation) is-shall be open or occupied by screens and/or screen doors; and the fayade constitutes the area from the floor level of the porch to the porch ceiling; I up to thirty five (35) percent of the fayade may be solid and may only be occupied by columns, spindles, and railings; solid walls (even partial) are prohibited.ili elass allowed to be part of the 35 percent that may he solid?) . 2 .1 (he) Building Pennits shalI be required before construction can begin. 2. In required single family residential side yard comer setbacks, covered porches attac-hed t&--the front of a principal building facia); the side yard comer setback may extend no more thaR ton (10) feet into the required side yard corner setback, provided that; the porch is fie closer than thirty (30) feet from the side yard corner lot line (e)[c1uding required steps -per the Internatiellal Residentffil Code), that the desiga of the porch is consistent with the City's Porch Design Guidelines, and-4ho porch has apprayed by the ConmuiHity Developmeat Director or De';elepment Director's desigHee. The Community Developmeat Director or DevelopmeRt Director's designee must make the tiwlings required by Section 6.C.2.d.l, letters (a) (e) as listed abcwo in order to appr{)ve a porch encmachmont of up to ten (I 0) f~et. . . 3 . Proposed Covered Front Porch Amendment: Section 6.C.2 of the Zoninl! Code Section 6.C.2.a. Parts of the Principal Structure. Features which are part of a principal structure, including but not limited to eaves, cantilevered areas, cornices, canopies, awnings, balconies, fire escapes and chimneys, may extend three (3) feet into the required front, side, and rear setbacks but in no case shall these encroaclunents be Less than six (6) feet from any lot Line. Decks, uncovered porches, ramps, and steps may extend six (6) feet into the required front, side, and rear setbacks but in no case shall these encroaclunents be less than six (6) feet from any lot line. Required steps per the International Codes shall be permitted encroaclunents Section 6.C.2.d Covered Front Porches for Sinl!le-Familv Detached Dwellinl!s. 1. In required single-family residentiaL front yard setbacks, covered front porches (porches) may be attached to a pre-existing(?) principaL structure and may extend into the required front setback subject to the following provisions: (a) The porch shall not encroach closer to the front lot Line then the nwnber of feet calculated by the following formula: Current principal structure setback * .75 = Porch setback from the front lot line in feet . (For example, if the principal structure is 32 feet from the front lot line, then: 32 feet * .75 = 24 foot setback from the front lot line for the porch. In this case, the porch may extend up to 8 feet from the principal structure into the front setback) Principal structure setback is defined as: The setback from the front lot line to the fronl of the principal structure, not including overhangs, awnings, eaves, garages, stoops, sidewalks, bay windows, cantilevered areas, accessory structures, auached garages encroaching On the front setback, existing porches, or other extensions or projections not deemed part of the principal structure. (b) A porch on a principal structure that is fifty (50) feet or more from the front lot line shall not encroach upon the forty (40) foot yard setback. (Should existing structures that can construct a porch that can meet the full front yard setback be required to meet the full setback?) (c) A porch closer than twenty (20) feet to the front lot line shall require a review through the variance process. (d) New principal structures shall conform to the full setbacks of the Zoning Ordinance, including the porch. (Should new structures be required to meet full setback requirements? Example C on graphic example) . 1 (e) Required steps per the International Residential Code shall be excluded when . calculating the dimensions of the front porch. 2. In required single-family residential side yard comer setbacks, porches attached to the front of a principal building facing the side yard comer setback may extend no more than the number of feet into the required side yard comer setback as calculated in Section 6.C.2.d.(I), provided that the porch is no closer than twenty (20) feet from the side-yard comer lot line (excluding required steps per the International Residential Code). 3. The Community Development Director or Development Director's designee must make the following findings to approve a porch encroachment: (a) The porch shall comply with the front and side yard comer setbacks determined in Section 6.C.2.d.(I) and Section 6.C.2.d.(2). (b) The porch shall comply with all other aspects of the underlying zone, including the side yard interior setbacks and impervious coverage limits. (c) The design ofthe porch shall comply with the Porch Design Guidelines. (d) The exterior materials of the proposed porch shall be consistent or complementary in color, texture, and quality with those visible at the front of the dwelling; (e) The roof of the proposed porch shall be properly proportioned to and integrated . with the roof of the dwelling and has no less than a 3/12 slope; (0 The base of the porch shall not be open; the base shall be either a masomy perimeter foundation (nole: frost footings will be required for a building permit), or be screened by a solid fascia consistent with the front of the home or lattice with openings no larger than 2 inches x 2 inches and painted to be consistent with the front ofthe home. (g) At least sixty five (65) percent of the exposed porch fac,;ade (excluding the foundation) shall be open or occupied by screens and/or screen doors; and the fac,;ade constitutes the area from the floor level of the porch to the porch ceiling; up to thirty five (35) percent of the fac,;ade may be solid and may only be occupied by columns, spindles, and railings; solid walls (even partial) are prohibited.(Is glass allowed to be part of the 35 percent that may be solid?) (h) Building Permits shall be required before construction can begin. . 2 Covered Front Porch Encroachment: Principal Structure Setback'" .75 = Porch Setback from the Front lot Line Right- of-wa . A. 32 Foot Principal Structure Rear Setback Lot 32 feet'" .75 = 24 Foot Line porch setback 24 Foot Porch Setback Front Lot Line B. 40 feet'" .75 = 30 40 Foot Principal Structure Setback Foot porch setback 30 foot Porch Setback 40 Foot Front Yard Setback . C. 52 Foot Principal Structure Setback 40 Foot Porch Setback 40 Foot Front Yard Setback ~ A porch cannot be closer than 40 feet to the front (at line if the existing principal structure is greater than 50 feet from the froullot line. (Would not apply if part Id is removed from the proposed language) D. A porch cannGt be placed within 20 feet of the front lot line. This case would require a Variance to 20 Foot construct a front yard porch. Principal Structure Setback . Drawing is a representation and should not be used for site specific planning. The drawing is not to scale. City of Arden Hills. 2006 . Porch Setback Ordinance Structure Porch Depth of Setback Setback Porch 40 30 10 39 29.25 9.75 38 28.5 9.5 37 27.75 9.25 36 27 9 35 26.25 8.75 34 25.5 8.5 33 24.75 8,25 32 24 8 31 23.25 7.75 30 22.5 7.5 29 21.75 7.25 28 21 7 27 20.25 6.75 26 20 6 25 20 5 24 20 4 23 20 3 22 20 2 21 20 1 . 20 20 0 'All distances are in feel .