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020789 Planning AGENDA PLANNNING coMMIsSION MEETING OF February 7, 1989 CITY OF NEW HOPE, MINNESOTA 7:30 P.M. PLANNING COMMISSION PROCESS The City of New Hope Planning Commission serves in an advisory capacity to the City Council. The Commission is composed of eight New Hope residents who have been appointed by the City Council to review all special procedures pertaining to the sign code and zoning code. The Planning Commission will review a petitioner's case and may act on the case in the following manner: Recommend that the City Council approve the request with or without special conditions; Recommend that the City Council deny the request; or 3. Table the case for further consideration. If the Planning Commission recommends that the City Council approve or deny a request, the planning case will be placed on the City Council agenda for the regular meeting. Usually this meeting is within one to two weeks of the Planning Commission meeting. If the Planning Commission tables the request, the petitioner will be asked to return for the next Commission meeting. Petitioners are asked to come to the podium when the appropriate case is called. Please state your name, address, the request before the Commission, and discuss any information relevant to the request. Citizens who wish to speak to the Commission regarding the case should be recognized, come to the podium, state your name, address, and concern. AGENDA PLANNING COMMISSION MEETING OF FEBRUARY 7, 1989 CITY OF NEW HOPE, MINNESOTA 7:30 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. PUBLIC HEARINGS 3.1 Case 89-1 - Request for a Three-Foot Variance to Required 30-Foot Front Yard Setback, 3464 Ensign Avenue No., Mr. and Mrs. Jerome C. Rath, Petitioners the 4. COMMITTEE REPORTS 4.1 Report of Design and Review Committee 4.2 Report of Codes and Standards Committee 5. OLD BusINESs 5.1 Discussion Regarding Redevelopment Study Amendment to the 42nd Avenue 6. NEW BUSINESS 6.1 Approval of Planning Commission Minutes of January 3, 1989. 6.2 Review of City Council Minutes of December 27, 1988, and December 28, 1988, and January 9, 1989. 6.3 Review of HRA Minutes of December 28, 1988, and January 9, 1989. 6.4 Appointment of Commissioners to Design and Review; and Codes and Standards Committees. 7. ANNOUNCEMENTS 8. ADJOURNMENT 3464 ENSIGN AV CITY OF NEW HOPE PLANNING CASE REPORT Planning Case: 89-1 Request: Three (3) Foot Variance to the Required Thirty (30) Foot Location: PID No.: Zoning: Petitioner: Report Date: Meeting Date: Front Yard Setback 3464 Ensign Avenue North 19-118-21 21 0030' R-1 (Single Family Residential) Jerome C. Rath February 3, 1989 February 7, 1989 BACKGROUND The petitioner is requesting a three (3) foot variance to the required thirty (30) foot front yard setback. The setback requirements are established in Section 4.034 (3) of the New Hope Code. According to the petitioner's plan, he is proposing to create an 18 foot x 20 foot (360 square feet) family room. To do this, the petitioner is proposing to expand on both sides of the existing garage. The east side of the existing garage and the new addition will be family room. The west side of the. existing garage plus the new addition will serve as a new garage. The new garage will be approximately 22 feet x 21 feet (462 square feet). The plans show that the petitioner's garage is currently thirty (30) feet from the property line (43 feet from the back of curb). Staff has notified property owners within 350' of the area and has received no comment to date. ANALYSIS The City has approved very few variance requests for encroachments into the front yard. The requests that it has approved have been for porches and other structures which increase the safety of the home. The variance criteria is established in Section 4.22 of the New Hope Code. The variance criteria is attached as Exhibit D. Planning Case Report 88-1 Page -2- The petitioner is asking for relief from the code requirement for front yard setbacks. Staff finds that the petitioner could achieve his addition by either reducing the size of the family room or garage; or by building into the rear yard. By asking for the variance, the petitioner is hoping to prevent the blockage of view from the patio sliding doors. According to the records available to staff, the homes located south of the petitioner on Ensign Avenue have maintained or exceeded the 30 foot required setback. The home at 3500 Ensign Avenue North has approximately a 20 foot sideyard setback. However, this property was developed with the front yard facing 35th Avenue. The soffit on the new addition will create an additional encroachment of 2 feet. This is permitted by Section 4.034 (3) (a). RECOMMENDATION The petitioner has presented a proposal which could be accomplished without the approval of a variance; and does not meet the variance criteria. Staff recommends denial of the request for a three (3) foot variance to the required thirty (30) foot front yard setback at 3464 Ensign Avenue North because the petitioner has not met the variance criteria established in Section 4.22 of the New Hope Code. Attachments: Exhibit A - Floor Plan dated 1/23/89 Exhibit B - Site Plan Exhibit C - Elevations Exhibit D - Section 4.22 New Hope Code 7 .j 4.212 (8), 4.22, 4.221 (1) - (3) (8) In Industrial Districts (I-l, I-2): (a) Nuisance. Nuisance characteristics generated by the use will not have an adverse effect upon existing and future development in adjacent areas. (b) Economic Return. The use will provide an economic return to the community and commensurate with other industrial uses that the property could feasible be used for. In considering the economic return to the community, the Planning Commission and City Council may give weight to the sociological impact of a proposed use, both positive and negative. 4.22 Variances. 4.221 Purpose of Variance. The purpose of a variance is to permit relief from the strict application of the terms of the Zoning Code to prevent undue hardships or mitigate undue non-economic hardship in the reasonable use of a specific parcel of property and Where circumstances are unique to the individual property under consideration, and the granting of a variance is demonstrated to be in keeping with the spirit and intent of this Code. A hardship may exist by reason of narrowness, shallowness or shape of a specific parcel of property or a lot existing and of record upon the effective date of this Code or that by reason of exceptional topographic or water conditions of a specific parcel of land or lot, the strict application of the terms of this Code would result in exceptional difficulties when utilizing the parcel or lot in a manner customary and legally permissible within the district in which said lot or parcel is located, or would create undue hardship upon such lot or parcel that another lot or parcel within the same district would not have if it were to be developed in a manner proposed by the appellant. (1) Undue Hardship. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to his 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 for the property exists under the terms of the ordinance. Undue hardship also includes, buttes not limited to, inadequate access to direct, sunlight for solar energy systems. (2) Planninq Commission and Council. The Planning Commission, based upon a report and recommendation by the City Manaqer, shall have the power to advise and recommend such conditions related to a variance regarding the location, character and other features of a proposed building, structure or use as it may deem advisable consistent with the intent and purpose of this Code. Should the City Council find that all or a part of the conditions outlined apply to the proposed lot or parcel the Council may grant a variance from the strict application of this Code so as to relieve such difficulties or hardships to the degree considered reasonable. (3) Deleted. (Code 072684, Ord. 85-21) 4-98 072684 4.221 (4), 4.222, 4.23, 4.231, 4.232, 4.233 (3) Use Compatability. The board of appeals and adjustments or the governing body as the case may be, may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located. (Code 072684, Ord. 85-21) 4.222 Additional Criteria for Decision. In considering all requests for a variance and in taking subsequent action, the Planning Commission and the City Council serving as the Board of Appeals and Adjustments shall make findings that the proposed action will not: (1) Consistent With Purpose of Variance. Be contrary to the purposes of a variance as described in 4.221. (2) Light and Air. Impair an adequate supply of light and air to adjacent property. (3) Street Congestion. Unreasonably increase the congestion in'the public street. (4) Public Safety. Increase the danger of fire or endanger the public safety. (5) Property Values. Unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to the intent of this Code. (Code 072684) 4.23 Text Chanqes~ Appeals and Conditional Use and Variance Performance Agreements. (Code 072684, Ord. 85-19) 4.231 Text Chanqes. The owner of any interest in real property in the City may apply for a change in the text of the Zoning Code, and the procedures in Section 4.201 ~nd 4.202 shall be followed. (Code 072684) 4.232 Appeals from Administrative Action. The City Council serving as the Board of Appeals and Adjustments shall, after receiving the written report of the City Manager, make findings of fact and make a decision on appeals where it is alleged by the appellant that error has occurred in any order, interpretation requirement, decision or determination made by any Administrative Officer or the City Manager in the enforcement of this Code. However, said appeal shall be filed not later than 60 days after the applicant has received a written order from the City or the appeal shall be void, and shall follow the procedure in Chapter 1. (Code 072684) 4.233 Conditional Use and Variance Performance Agreement. Except in the case of non-income producing residential property, upon approval of a conditional use or variance permit the City may require the applicant to enter into a performance agreement prior to the issuing of building permits or initiation of work on the proposed improvement or development. Said agreement shall guarantee conformance and compliance with the conditions of the conditional use or variance permit and the codes of the City. The performance agreement shall be prepared and approved by the City Attorney and shall contain, but not be limited to, the following terms and conditions: 4-99 CITY OF NEW HOPE MEMORANDUM DATE: TO: FROM: SUBJECT: February 3, 1989 Planning Commission M. Jeannine Dunn, Administrative Assistant Proposed Amendment to the 42nd Avenue Redevelopment Study The 42nd Avenue Improvement Study recommends that the properties on the north side of 42nd Avenue and east of Nevada Avenue be redeveloped as mid to high density residential. Given the current land use surrounding the site and the level of traffic on 42nd Avenue, staff would like to review the option of leaving the area under its current zoning classification. Attached is a report from Northwest Associated Consultants. Staff will present its recommendation on Tuesday evening. northwest associated consultants, inc. MEMORANDUM TO: FROM: DATE: RE: FILE NO: Jeannine Dunn Curtis Gutoske/A~n Brixius 8 November 1988 New Hope - 42nd Avenue Improvement Study Amendment 131.00 - 88.13 BACKGROUND Relative to the changing designated land use of the Paro's Pub site, the following areas of the 42nd Avenue Improvement Study are found to be in need of revision. In order to incorporate the change in use for redevelopment from mid-high density to commercial, our office has revised the affected text and maps accordingly. The revised text follows immediately while the revised maps are attached at the end of this memo. Dashed lines are put through existing text that is to be deleted while text that is to be added is represented by an underline and bold print. REVISIONS Please review these revisions and comment as necessary. · Page 57; Third Paragraph The strip development existing in the eastern section of the Study Area has been identified as an undesirable land use. The proposed Land Use Plan portrays the maintenance of the land use as existing west of the railroad and the phasing out of the majority of commercial development to the east. This phasing may be partially achieved through the relocation of existing uses ... 4601 excelsior blvd., ste. 410, minneapolis, mn 55416 (612) 925-9420 Page 59; Second Paragraph PROPOSED ZONING Along with the changes proposed .in land use comes the necessity of making complementary changes in zoning. Between the railroad overpass and Winnetka Avenue, existing uses are viable and appropriate. Land use transitions are made with compatible uses or are adequately buffered, thus avoiding major conflicts. The only proposed zoning changes occur east of the Minneapolis, Northfield and Southern railway. Portions of this B-3, automobile-oriented commercial zone are recommended for change to R-4 or R-5 to accommodate the proposed ~ change in land use to higher density residential. In addition, the R-3 zoned residential developments south of 42nd Avenue are recommended for rezoning to R-4. · Although this does not bring the existing development into compliance for density, it lessens the non- conformity, still provides for compatible land use and would make development on adjoining properties more economically feasible. The apartments fronting on Oregon Avenue will remain non-conforming as garage stalls are not provided for residents and the lack of garages has made it possible to fit additional units on the site. ~h~{~~m~n~im~-~ h<>~-s-i~ ...... I~- - ~ - ~i~~- - ~- - ~~ - ~ - ~ z~ ~-i-~i~l-l~- - ~,- ~i~- ~~ ' ' ~ Although the single family homes along Nevada north of 42nd Avenue are also shown as rezoned to R-4, higher density development is not imminent. The homes south of 43rd Avenue are maintained in good condition and not in need of improvement at this time, while the homes north of 43rd Avenue across from F~ed Sim's Park are older, smaller and needing some maintenance. From a maintenance perspective, these homes may be considered for redevelopment before the homes to the south. Then eventually, the expansion of higher density developments around these homes and the realignment of Nevada increasing the traffic at the Nevada, 42nd Avenue intersection may increase the feasibility for the redevelopment of these lots into higher density housing. Page 72; First Paragraph The Paro's Pub site would benefit from the realignment with approximately 60 feet added to the west boundary. This addition and Paro's interest in relocation opens a second large lot for redevelopment. ~he-~e~m~y-~-~e-C~y Ce~e~-~a~-~-a--~-~e--a~-~§~--~eve~-©~-ac~y make---~---a---c~e~a~e---s~e--fo~--e~e~--~o~si~9 ~ewel~pme~. The additional property would allow the site to accommodate commercial redevelopment and provide the necessary parkinq and service areas. South of 42nd Avenue All Star Sports has expressed an interest in relocating closer to the City Center and Reel Video has plans to move out within the coming mo~ths. The All Star Sports lot can be combined with the vacant service station lot to support an additional higher density residential unit. Grobe's Cafe is interested in'expanding into the Reel Video space which would reduce the number of uses in that small complex, providing extra parking spaces for the cafe. Eventually, the First Line Engine Repair and adjacent office building lots could also be combined for an additional multiple family residential unit. Along with the above text revisions, the graphics on the following pages were also revised to reflect the change in land use and site layout of the Paro's Pub property. These graphics are attached on the following pages. · Page 58 · Page 60 · Page 62 · Page 64 · Page 70 · Page 73 · Page 76 · Page 94 · Page 99 cc: Dan Donahue Doug Sandstad St~eve Sondrall 42nd avenue north legend commercial industrial mid-high density residential __ single family residential 45th avenue north 42nd avenue improvement study PROPOSED LAND USE ]assooated [consultants, ~nc new hope, minnesota ~ ~north 0 100' 200' 400~ 45th avenue north 42nd avenue north ~. .......... - ~ ~.:,:.--.~.. .. :::;;::::: '""'" "" ,.,, ........ ,,,,,,,, ..... ,,,~,,,,,,,. .:-:~.:-.. I~¥...~...~ [: , ~ = .~....-.~ ~,,,,,,,.,,..,,.,,.,.,,~~ ,,,,,,,,..,,,. ~~ll~:t:::~::~,%',::',~:~ ~F~',~{',~:= '~'~:~ ~ :~:~:' ::::::::::::: : : :::::: ::::: ":: legend ................................. ~ ~:~: ~ ~: ~;~ R-1 S~ng]e Family Residential ~ ~ ':~:~" ':~:~1~ ::::'~ ~[~::~[~[~?:~[~[. R-4 H~Bh Pens~y'Res~den~al ~:[ R-O Res~den~a]-Off~ce ~ ~l~~~~ ~~1:~.~.~:~:~~ ~ B-3 Au[o-Or~en~ed Bus~ness ~ r~:'~'.:~ I::r'-'-'.'.':'"-' ~?" ,:a "..'.'-'.~., ~ ~-2 Gene~a] Industrial J 40th avenue north 42nd avenue improvement study' PROPOSED ZONING  lnorthwest . Iconsul[ants, ~nc. new hope, minnesota o lOO, 2OO, n°rth 400' avenue north 43rd legend rea 1 i gnment signal light pedestrian crosswalk reduce/eliminate curb cuts vacate street right-of-way left turn lanes I --I ~1 41St ave. 4~h avenue north i 42nd avenue improvement study PROPOSED CIRCULATION IMPROVEMENTS ~ In°rthwest ~ Jassociated ~ orth Jconsultant$, ~n¢ I new hope, minnesota o100'200' 400' 45th avenue north orth 40th avenue north I J 42nd avenue SUBAREA improvement study BOUNDARIES ]northwest /assooa[ed ]consultants, ~nc new hope, minnesota 0 ~00' 200' '~north 400' subarea three :i::!: I lc nI ~ ~ 43rd ave. ~---- /-~: ~ Ef~ Edl liEEEE~ I m ~E/ ~ : i' ~eliminate curb cuts l/ om nes~~ ~ ~2~~~ ¢~ / I ~ : E' ' II I~ ~1 I~/~ buffer residential from commercial '~~ ~~ ~ . ., .,,~ , ~ ~ ~ · ~ '~' -.- = --,ti ~ ,.. ~.m.r ....... I / i E ~--- n ~ O I/ 41st ave. 7O REALIGNMENT ALTERNATIVESI realign nevada south I~ relocation -'~I ~ commercial land use :i: proposed higher density res idential 42nd ave. 42nd 'ave. realign north & south 'iii~!iii~!ii$iiiiiiiiiiii~!i affected lots '"~" relocation" ~ commercial land use ::!::iiI:¥:I:~:I: proposed higher density. " residential :' I . 73 subarea four :redevelop commercial use incorporate streetscaping iminate curb cuts )romote internal circulation portion of Maryl and Avenue creen residential from commerci al vacate end of 41st Avenue access to these Commercial establishments, plus Broadway Pizza and the New Hope Bowl. This action eliminates one of the uncontrolled accesses from the residential area directing traffic instead to the controlled intersection at Nevada. The vacated right-of-way would be split between the Nevada apartments and New Hope Bowl. The, addi- tional property will help to .reduce the density of the apartment complex. The additional area on the New Hope Bowl site should be 'used at least partially to prOvide.the.needed buffer for residences to the south and west. -. 76 bicycl e/pedestrian path 45th avenue north i ~] ~ b~ic~cJe ro, ute _~LUA ~ ~ ~ 41st ave --.~.--.~ =iFU--.L~- m ~iI Ika La_ 40th avenue north 42nd avenue improvement study BICYCLE FACILITY OPPORTUNITIES Inorthwest asso°ated ~ consultants, inc ,,~,~:k^-~, minnesota o lOO, 200, new orth 400' 94 41st ave. 40th avenue north 42nd Jnamwest lassoclated |consultants. ~nc avenue improvement study IMPROVEMENT PLAN new hope, minnesota 0 100' 200' ~north 400'