080818 Planning
PLANNING COMMISSION MEETING
City Hall, 4401 Xylon Avenue North
Wednesday, August 8, 2018
7:00 p.m.
1. CALL TO ORDER
2. ROLL CALL
3. CONSENT BUSINESS
4. PUBLIC HEARING
4.1 PC 18-04, Variance, vacation of street and easement, subdivision and platting at
5355 Oregon Avenue North, City of New Hope Economic Development
Authority, petitioner
5. COMMITTEE REPORTS
5.1 Design and Review Committee – next meeting tentatively August 16, 2018
5.2 Codes and Standards Committee – next meeting
6. NEW BUSINESS
7. OLD BUSINESS
7.1 Approve June 5, 2018, Planning Commission minutes
8. ANNOUNCEMENTS
9. ADJOURNMENT
Petitioner must be in attendance at the meeting
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, MINNESOTA 55428
PLANNING COMMISSION MINUTES June 5, 2018
City Hall, 7:00 p.m.
CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to
due call and notice thereof; Chair Schmidt called the meeting to order at
7:00 p.m.
ROLL CALL Present: Scott Clark, Jim Brinkman, Matt Mannix, Chris Hanson,
Tom Schmidt, Roger Landy, Bill Smith, Cedrick Frazier,
Michael Redden
Absent: None
Also Present: Jeff Sargent, Director of Community Development; Jeff
Alger, Community Development
Coordinator/Management Analyst; Stacy Woods, Assistant
City Attorney; Alan Brixius, Planning Consultant
CONSENT BUSINESS None
PUBLIC HEARING
Planning Case 18-02
Item 4.1
Planning Case 18-03
Item 4.2
Chair Schmidt introduced Item 4.1, a Variance to allow a second curb cut
and driveway at 8416 – 27th Avenue North, Mark Wagner, petitioner.
Being that the applicant was not present, a Motion by Commissioner
Frazier, seconded by Commissioner Clark, was made to move the item to
the second item on the agenda. Motion carried with a 7-2 vote.
Voting in favor: Frazier, Clark, Brinkman, Mannix, Hanson, Schmidt,
Redden
Voting against: Landy, Smith
Chair Schmidt introduced Item 4.2, a discussion of the New Hope 2040
Comprehensive Plan, city of New Hope, petitioner.
Mr. Jeff Sargent, Director of Community Development, introduced the
item as the formal public hearing to review the draft Comprehensive
Plan prior to approval by the City Council. He stated that the
Metropolitan Council mandates that communities update their
Comprehensive Plan every 10 years, and that after the City Council
approves the draft plan, the plan will be circulated to all required
jurisdictions for review. Once feedback from the neighboring
jurisdictions is received, staff will make the necessary revisions to the
document prior to formal adoption. Sargent then introduced city
planner Al Brixius to review the draft comprehensive plan.
Brixius began his presentation by reminding the Planning Commission
that the public will have more opportunities to give their input on the
plan, especially after comments have been received by the neighboring
jurisdictions and the Metropolitan Council. He proceeded to outline the
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Planning Commission Meeting June 5, 2018
various chapters of the plan, mentioning existing and future land uses,
planning tactics, natural resources, residential and commercial
redevelopment opportunities, demographics, affordable housing,
transportation, planning districts and administration sections of the
proposed plan. He indicated that the plan meets the minimum
requirements set forth by the Metropolitan Council.
When Chair Schmidt questioned whether any of the Commissioners had
any questions for staff, Commissioner Frazier requested Brixius to
remind the commission of when other opportunities for input into the
plan would be. Brixius stated that the current meeting was a public
hearing, that the full draft comprehensive plan is available on the city’s
website for review and comment, and that the plan will be reviewed
again once feedback from neighboring jurisdictions is obtained.
Motion by Commissioner Redden, seconded by Commissioner Frazier,
to open the Public Hearing. All present voted in favor. Motion carried.
Cassie Bair, Community Outreach Director for New Hope Church,
addressed the Commission with some concerns regarding the
comprehensive plan’s lack of providing language that directly protects
the housing for residents of New Hope at or below 30% of the Area
Median Income, and residents between 30 and 50% of the Area Median
Income. She commented that the current market is favorable for
developers to purchase low-income housing, make improvements, and
convert the units to market rate, thus displacing low-income tenants.
Those tenants have such an economic hardship that they oftentimes
cannot find a place to live, and have to turn to the county for assistance.
She stated that Golden Valley and other cities are considering ordinances
to help low-income residents from being displaced from their homes due
to hikes in rental rates.
Jason Wittak, Coordinator of Social Justice, Outreach & Parish Activities,
for St. Joseph addressed the Commission. Mr. Wittak wished to echo the
comments made by Ms. Bair, and expressed that the renovation of
naturally occurring affordable housing to market-rate units will occur in
New Hope, as it has in neighboring communities. He too expressed the
desire for the comprehensive plan to contain language that protects
residents living at or below 50% of the Average Median Income.
Commissioner Clark suggested that language should be included in the
comprehensive plan that states that from a policy standpoint, “the city
will engage in discussions regarding residential livability for residents
living at or below 50% of the average median income.” Brixius stated that
this language will be added to the plan.
Motion by Commissioner Redden, seconded by Commissioner
Brinkman, to close the public hearing. All present voted in favor. Motion
carried.
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Planning Commission Meeting June 5, 2018
Motion
Item 4.2
Planning Case 18-02
Item 4.1
Motion by Commissioner Landy, seconded by Commissioner Mannix, to
approve Planning Case 18-03, approving the draft 2040 Comprehensive
Plan and forwarding the plan to the City Council.
Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy,
Smith, Redden, Frazier
Voting against: None
Motion approved 9-0
Chair Schmidt stated the case will move forward to the June 25, 2018
City Council meeting.
Chair Schmidt re-introduced Item 4.1, a Variance to allow a second curb
cut and driveway at 8416 – 27th Avenue North, Mark Wagner, petitioner.
Jeff Alger, Community Development Coordinator/Management Analyst,
gave background on the case. The petitioner, Mark Wagner, is requesting
a variance to allow a second curb cut on his property. The current curb
cut is along 27th Avenue, and Mr. Wagner would like to add a second
curb cut along Zealand Avenue. The current ordinance only allows one
curb cut per single-family residential property, so the addition of a second
curb cut would require a variance. The applicant stated that it is extremely
dangerous for him to back his boat and trailer onto 27th Avenue from his
property due to poor visibility and sightlines. The poor visibility is due to
a hedgerow on his neighbor’s property, as well as a hill along 27th Avenue
that motorists have to get over before seeing his property. The applicant
would like to store the boat and trailer on a new driveway along Zealand
Avenue to help reduce the hazardous conditions of backing the boat onto
a busy roadway.
Alger reviewed the zoning analysis needed to consider a variance request.
He reiterated that single-family properties are allowed only one curb, and
showed pictures as to where the proposed second curb cut would be
located. He also defined where recreational vehicles could be stored on
the property and showed pictures of the applicant’s two RVs, one being a
boat on a trailer, and the second being a camper. Both RVs are currently
stored correctly on the property. Alger also noted the traffic count along
27th Avenue is approximately 11,000 vehicles per day, and indicated that
it is a fairly heavily traveled road, due to its “minor arterial” classification.
Next, Alger showed the Commission site pictures of the neighbor’s
hedgerow that impedes sightlines as the applicant attempts to back his
boat onto 27th Avenue. Being that the neighboring hedgerow is not
controllable by the applicant, Alger established that this would be
considered a hardship not created by the applicant. Alger continued with
the zoning analysis and reviewed the specific standards that must be met
in order for a variance to be granted. Specifically, Alger reviewed the
practical difficulties associated with the property that would warrant
approval of the requested variance. He indicated that the property owner
proposes to use the property in a reasonable manner, as the storage of RVs
on single-family lots is permitted by the city’s zoning code.
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Planning Commission Meeting June 5, 2018
Next, in regards to the criteria that the plight of the property owner is due
to circumstances unique to the property and not created by the property
owner, Alger offered that there are arguments both for and against this
condition. Arguments for this condition take safety into consideration, as
the hedgerow (sightlines), street grades, traffic volumes, and traffic
speeds are not in the applicant’s control. However, Alger stated that
owning a boat and opting to store the boat on the property are in the
applicant’s control, even if it is done in a manner consistent with the city’s
zoning code.
Alger concluded the zoning analysis by stating that the applicant meets
all the other criteria for consideration when approving a variance.
Last, Alger concluded his presentation by stating that proper legal notice
and neighborhood notices were distributed, and that staff received some
phones calls regarding the proposal. Alger also informed the Commission
that staff took a neutral position on a recommendation, and then outlined
the rationale for either approving or denying the request.
When Chair Schmidt questioned whether any of the Commissioners had
any questions for staff, Commissioner Redden pointed out that there
were a couple of properties along the south side of 27th Avenue, in the
city of Golden Valley, that utilized two curb cuts as well.
Chair Schmidt invited the applicant, Mark Wagner, owner of 8416 – 27th
Avenue North, to the podium and asked him if he would like to
comment on his proposal. Mr. Wagner stated that there would still be a
safety issue if he stored the boat off-site, because he would still need to
perform maintenance, battery charging and cleaning of the boat on his
property, which would require him to back onto 27th Avenue. He
reiterated that the backing maneuver onto 27th Avenue continues to be
extremely dangerous and he always blocks traffic when doing so.
Commissioner Smith questioned Mr. Wagner on the number of people
who reside at the premises, and if he ever has help when backing the
boat up. Mr. Wagner answered that he lives with a roommate and the
roommate’s girlfriend, however rarely receives help when backing the
boat. Commissioner Smith also mentioned that he had concerns with the
number of vehicles on the property and traffic concerns along Zealand
Avenue with a new curb cut.
Commissioner Landy questioned whether the applicant has received
cost estimates on the project in order to determine whether it would be
financially doable, and the applicant responded that he had.
Commissioner Brinkman asked who owned the hedgerow between the
subject property and the property to the north, and asked who perfo rms
the maintenance on it. Mr. Wagner stated that the hedge was placed
directly on the property line, and stated that he has taken over the
maintenance responsibilities. Commissioner Brinkman then asked how
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Planning Commission Meeting June 5, 2018
Motion
Item 4.2
often the boat was used, and Mr. Wagner explained that he moves the
boat off the property up to three (3) times per week. Brinkman then
asked whether it would be easier for the applicant to back the boat onto
the property from 27th Avenue so that he could head straight out when
leaving the property. Mr. Wagner stated that backing into the property
is as, if not more, dangerous than backing onto 27th Avenue because
other motorists would not be able to react in time to his intentions.
Furthermore, his trailer is not equipped with reverse lights.
Motion by Commissioner Clark, seconded by Commissioner Landy, to
open the Public Hearing. All present voted in favor. Motion carried.
Luverne Erickson, 8465 Medicine Lake Road, approached the podium
and disclosed that he lived directly across the street in the city of Golden
Valley. He stated that he definitely sees the problem that Mr. Wagner
has backing up the boat and trailer, and often hears horns honking and
screeching of brakes when the backing occurs. He then questioned
whether the city of New Hope requires a permit for the construction of
a new driveway. Director Sargent confirmed that the city does.
Motion by Commissioner Landy, seconded by Commissioner
Brinkman, to close the Public Hearing. All present voted in favor.
Motion carried.
Commissioner Clark, Chair Schmidt, Commissioner Redden,
Commissioner Frazier, Commissioner Landy, and Commissioner Hanson
all expressed their opinion that this case is a safety issue, and that granting
the variance would help alleviate a potentially dangerous situation for the
applicant and the general public.
Motion by Commissioner Redden, seconded by Commissioner Landy, to
approve Planning Case 18-02, a Variance to allow a second curb cut and
driveway at 8416 – 27th Avenue North, Mark Wagner, petitioner with the
following conditions:
1. The applicant shall be responsible for all costs associated with
replacement of the street curb and driveway installation.
2. The storage area shall be screened to a minimum height of six
feet along the north property line. If for any reason the
screening is eliminated along the subject’s north property
line, the owner of 8416 – 27th Avenue North shall be
responsible for the construction of new screening per the most
current city ordinance.
3. The applicant shall obtain a driveway/street excavation
permit for the curb cut/driveway installation. The permit shall
be finalized after installation of the curb cut/driveway and an
inspection by city staff.
4. The curb cut/driveway shall be constructed per city standard
details STR-9 and STR-30.
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Planning Commission Meeting June 5, 2018
5. The curb cut/driveway installation shall be completed by July
31, 2018, so as not to interfere with street maintenance
scheduled for Zealand Avenue North in August of 2018 .
Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy,
Smith, Redden, Frazier
Voting against: None
Absent: None
Motion approved 9-0
Chair Schmidt stated the case will move forward to the June 25, 2018 City
Council meeting.
COMMITTEE REPORTS
Design and Review
Committee
Item 5.1
Staff does not anticipate a Design and Review meeting for July, as there
have been no new applications.
Codes and Standards
Committee
Item 5.2
The next Codes and Standards meeting will be held on Tuesday, June 19,
2018 at 5:30 p.m. in the Park and Rec Conference Room.
NEW BUSINESS Commissioner Brinkman requested an update on the approved gun
range for 9449 Science Center Drive. Director Sargent informed the
Commission that the gun range could not come to leasing terms with the
owner of the building, and that Twin Cities Acoustics now occupies two-
thirds of the building.
OLD BUSINESS
Approval of Minutes
Item 7.1
Motion by Commissioner Clark, seconded by Commissioner Landy, to
approve the Planning Commission minutes of February 6, 2018, Motion
carried.
ANNOUNCEMENTS None
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:48
p.m.
Respectfully submitted,
Jeff Sargent, Director of Community
Development