070808 planning commission
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428
PLANNING COMMISSION MINUTES
July 8, 2008
City Hall, 7 p.m.
CALL TO ORDER
ROLL CALL
CONSENT BUSINESS
PUBLIC HEARING
Planning Case 08-08
Item 4.1
The New Hope Plalming Commission met in regular session pursuant to due
call al1d notice thereof; Chair Hemken called the meeting to order at 7 p.m.
Present: Paul Anderson, Jim Brinkman, Pat Crough, Kathi Hemken, Jeff
Houle, Sandra Hunten, Roger Lal1dy, Ranjan Nirgude, Tom
Sclm1idt, Steve Svendsen
Absent: Bill Oelkers
Also Present: Curtis Jacobsen, Community Development Director, Steve
Sondrall, City Attorney (arrived 7:40 p.m,), Jason Quisberg,
City Engineer, Eric Weiss, Community Development Assistant,
Pamela Sylvester, Recording Secretary
There was no Consent Business on the agenda.
Chair Hemken introduced for discussion Item 4.1, request for variance to rear
yard setback requirement, 9000 40 1/2 Avenue North, Daniel Miller,
petitioner.
Mr. Curtis Jacobsen stated that the petitioner was requesting a IS-foot rear
yard setback variance to allow an addition onto the existing house, currently
aligned 15 feet from the property line. The property is located in an R-l
single family zoning dish'ict and is surrounded by other single family homes.
The lot area is 10,080 square feet. The existing house contains 1,280 square
feet and garage 442 square feet. The proposed addition would be 251 square
feet, bringing the total square footage of the home to 1,531. The building area
would be 21 percent of the lot, paved area five percent, and green space
would be 74 percent.
The house and garage were originally built in 1966 facing 401/2 Avenue. The
legal front of the lot is on Ensign A venue, which is the narrowest street
frontage at 90 feet. By placing the house on the property facing 40 1/2
Avenue, the side yard is actually the legal rear yard, vvhich requires a 25-foot
setback. The petitioner submitted a request to consh'uct an addition to the
house that would extend along the current line of the garage and family
room, which is 15 feet from the rear property line, thereby requiring a
variance. Currently, the property's rear yard setback is legal non-conforming.
Property owners within 350 feet of the site were notified and two adjacent
property owners came to city hall to review the plans.
Mr. Jacobsen stated that the purpose of a variance is to permit relief from the
strict application of the terms of the Zoning Code to prevent undue
hardships, allow the reasonable use of a parcel of property, and where
circumstal1Ces are unique to the individual property and the granting of a
varial1ce would be in keeping with tl1e spirit al1d intent of this code, The
physical hardship was created by the original placement of the house, the
hardship was not created by the owner but by a change in interpretation of
the code, al1d the variance would not alter the character of the neighborhood.
The Development Review Team al1d Design al1d Review Committee met to
discuss the project al1d were supportive of the application.
Mr. Jacobsen explained that the plal1 called for a family room addition of 251
square foot immediately behind the existing family room. A screened porch
would also be constructed to the east of tl1e new family room addition. The
plal1 called for matching siding and cedar soffit/fascia to blend with the
existing home's exterior. The application is compliant with the
Comprehensive Plan and the goals for the city. Staff recommended approval
based on the findings of fact outlined in the planning report.
Mr. Dan Miller, 9000 40 1/2 Avenue North, came forward to address the
Commission.
Chair Hemken asked when construction would begin and Mr. Miller
responded that he planned to begin shortly after approval by the City
Council.
Commissioner Svendsen commended the petitioner on the project.
No one in the audience wished to address the Commission.
Motion by Commissioner Landy, seconded by Commissioner Svendsen, to
close the public hearing on Planning Case 08-08. All voted in favor. Motion
carried.
Motion
Item 4.1
Motion by Commissioner Houle, seconded by Commissioner Landy, to
approve Planning Case 08-08, request for variance to rear yard setback
requirement, 9000 40 1/2 Avenue North, Daniel Miller, petitioner.
V oting in favor:
Anderson, Brinkman, Crough, Hemken, Houle Hunten,
Landy, Nirgude, Schmidt, Svendsen
None
Oelkers
V oting against:
Absent:
Motion carried.
Chair Hemken stated that this planning case would be considered by the City
Council at its meeting on July 28 and asked that the petitioner attend that
meeting.
Planning Case 08-09
Item 4.2
Chair Hemken introduced Item 4.2, request for conditional use permit
amendment to add a memorial garden al1d columbarium to the church
property, 3900 Wilmetka Avenue North, Holy Nativity Lutheran Church,
petitioner.
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July 8, 2008
Mr. Eric Weiss stated that petitioner was requesting a conditional use permit
amendment to add a memorial garden and columbaria to the church
property. The property is located in an R-O residential-office zoning district
and is surrounded by single family to the west, industrial uses to the north
al1d east, and a cemetery in tl1e city of Crystal to the south. The lot is
approximately 3.87 acres in size. The church use is allowed in an R-O district
by conditional use permit. The City Council approved a CUP for the church
use in 1989 and al1 expal1sion took place in 2002. A day care also operates on
the site. An amendment to the CUP is being requested to consh'uct the
memorial garden al1d columbarium walls.
The proposed memorial garden would be located to the southeast of the
church al1d would measure 30 feet in diameter for a total of 705 square feet.
Initially, three columbarium walls would be consh'ucted, four feet wide by
six feet high by 1.5 feet deep. The garden would have the capacity to hold
three additional walls in the future. Each columbarium wall will hold 40
niches for the cremated remains. The niches would be leased long term, with
the option to remove the cremains. Mr. Weiss explained that the church
submitted information explaining the lal1d use, cost, and personal and safety
benefits of the columbaria and garden. Also submitted was a "Columbarium
and Memorial Garden Policies" document, outlining the mal1agement plans,
purchase and use requirements, title al1d rights, and removal of interned
cremains. This is the first proposal of this kind in the city and staff
determined it was best to process the request as a CUP amendment.
Property owners within 350 feet of the site were notified and the city did not
receive any comments.
Mr. Weiss explained that the purpose of a conditional use permit was to
provide the city with a reasonable and legally permissible degree of
discretion in determining the suitability of certain designated uses upon the
general welfare, public health and safety of the community. The city may
consider the nature of the adjoining lal1d or buildings, similar uses, and the
effect upon traffic. Additional criteria include: compatibility with the
comprehensive plan, no depreciation in value, traffic is channeled onto
thoroughfares not minor residential streets, proposed use is separated by
distalKe or screening from residential uses, and appearance will not have an
adverse effect upon adjacent residential uses. Staff determined that the
application would be processed as an amendment to the current CUP and
allowed as a landscaping improvement.
The Development Review Team and Design and Review Committee were
supportive of the project. Discussion items included ownership of the niches,
al1 action plan if the church relocated or dissolved, and potential security/
vandalism issues.
Mr. Weiss explained that the memorial garden would include tlu'ee
columbarium walls, garden, seating area, retaining wall, and art work. It
would be placed on the south side of the property near the southeast church
entrance. The garden would be set back 10 feet from the southern property
line. No additional parking spaces would be required. It would be built into
Planning Commission Meeting
,.,
;)
July 8, 2008
the hill in existing green space and require a retaining wall. The church plal1s
included a limestone wall three to eight feet tall with a fence placed behind
the wall. The memorial walls would be constructed of granite, marble, brick
or stone. The garden would include benches, paved area, and perennial
garden. Recessed lighting would be placed in the ground.
Interested parties Cal1 purchase a full niche, half niche, or space in a
community niche. The cost covers original right of use, cremain inunm1ent,
perpetual care of the unit, garden and site materials. Niche grantee or other
designated individual would be permitted the option to remove the cremains
at al1Y time, with refund, less 20 percent of the original purchase price and
cost to replace the front identification panel. No ownership rights are
conveyed to niche purchasers. If Holy Nativity were to relocate, the
columbarium walls would relocate with the church. If the church were to
cease to exist, arrangements would be made to relocate the columbaria. Staff
requested additional information on tl1e course of action if the church were to
dissolve.
Mr. Weiss reported that staff was recommending approval of the CUP
amendment subject to the conditions in the planning report.
Chair Hemken questioned what would happen if the church dissolved and
there were no funds to move the columbaria.
Mr. Dale Emter, a member of Holy Nativity Lutheran Church, 3900 Winnetka
Avenue, came forward to al1SWer questions. Mr. Emter stated that through a
financial analysis this endeavor should be a source of income and profitable
endeavor for the church. The church should break even after approximately
40 niches are sold. An endowment fund would possibly be established after
that time to provide for the maintenance of the columbarium site. In the event
of disbandment, those funds would be available to purchase new
columbarium niches elsewhere. The church would try to locate next of kin to
see if they wanted to relocate or take the cremains back. Chair Hemken
stressed that the church should put in writing tl1at a certain amount of dollars
would be put into a fund. Commissioner Landy wondered if the niches
would fall under the state guidelines of perpetual funds for cemeteries and
Mr. Emter answered no. Cemeteries must set aside funds for perpetual use,
however, it was determined that the difference between cemetery plots and
the niches may be that the niches are leased instead of bought. The church
would be the owner of the property, and money would be set aside for
upkeep of the property. Mr. Emter pointed out that the church would be
celebrating its 50 year anniversary this year and had significant assets
available in the property and felt funds would be available, if needed.
Commissioner Hunten stated she was concerned with the possibility of the
cremains being moved to al10ther location when relatives could not be found.
She also asked what the $1,250 payment covered. Mr. Emter stated that the
fee covered the cost of the construction for the project, the operation of the
site, and putting the urn in the niche. Hunten questioned whether or not
there was an additional fee if the wall was moved. Mr. Emter responded that
when the church was developing the policies, they considered naming a
PlalU1ing Commission Meeting
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July 8, 2008
place where the cremains would go if relatives could not be found, but
decided not to cl100se a relocation site because of the uncertainty of the status
of that site in the future. A committee would be established to deal with
issues for the life of tl1e columbarium al1d would have authority over what
would be done in those situations. Hunten was concerned that a lease could
terminate and questioned if it was a perpetual lease. Mr. Jacobsen stated that
at the Design and Review Committee meeting, the lease arrangement and
documentation were discussed al1d staff and the committee were satisfied
with the information provided. A condition of approval was added that the
documentation be reviewed by the city attorney.
Chair Hemken wondered how security would be hal1dled. Mr. Emter stated
that the church did not feel there would be a security concern. The site was
selected because of its serenity al1d obscurity from the public eye. The
memorial garden would be located on the south side of the parking lot and
close to the church entrance al1d be visible once in the parking lot. The garden
is not readily visible from the street. The site is fairly well lit from the parking
lot. The niches have tamper resistant screws on tl1em. There is usually activity
at the church in the evenings until nine or 10 o'clock.
Commissioner Houle initiated discussion on the columbarium companies.
Mr. Emter replied that the church had interviewed three industry providers,
Homecoming, Inc., Eickhof Columbaria, Inc., and Infinity Memorial Systems.
Each COmpal1Y has its own unique manufacturing process. All of the
compal1ies were concerned with the security issue. Some companies build
the wall and some provide the niches for a wall provided by the church, At
this time, the church had not chosen a company. Houle questioned whether
Holy Nativity had written the inurnment agreement or if the information had
been received from the companies. Pastor David Moen, senior pastor of Holy
Nativity, came forward and stated Holy Nativity's document was adapted
from documents provided by the columbarium companies and St. Barnabus
Lutheran Church in Plymouth, who has a columbarium on site.
Commissioner Landv confirmed that a full niche held two urns and a half
~
niche was for one urn.
Commissioner Schmidt stated he was supportive of the concept. However, he
was apprehensive of the disaster scenario. Chair Hemken interjected that the
city attorney would be reviewing the documents prior to consideration by
the City Council.
Commissioner Hunten wondered whether this was a new trend whereby
other churches would be looking at this as a money maker. Pastor Moen
stated that this was a service to the community and not intended as a money
maker for the church. He added that according to mortuary staff, 30 to 40
percent of the burials now are cremation. Many churches do not have
cemetery properties and the columbaria were a service as congregations
mature and have more senior members.
Chair Hemken asked if anyone in the audience wished to address the
Commission.
Plam1ing Commission Meeting
5
July 8, 2008
Mr. Cal Boomer, Twin Cities Hardware owner, stated that he visited
cemeteries in Buenos Aires and in Uruguay which had very specific rules al1d
wondered if Holy Nativity had done al1Y research on the internet.
Pastor Moen indicated tl1e church had not done al1Y internet research to that
extent and added that it would not be possible to maluge security 24/7.
No one else was as in the audience to address the Commission.
Commissioner Anderson pointed out that Gethsemane Cemetery consh'ucted
a mausoleum several years ago. Those niches were for purchase. Pastor Moen
stated that the church would not be giving title to niche lessees; the property
would always remain with the church. Commissioner Landy commented
that the state requires perpehlal funds to be put aside in an endowment for
maintenalKe. Pastor Moen confirmed that there would be a separate account
for this use.
Mr. Jacobsen stated that this church was still growing and could outgrow this
site al1d move to a new location. The church wal1ted a lease arrangement
rather than others having ownership of the property. This would make it
easier to have the walls moved with the church if it relocated or if the
property was sold. Landy stated that the church had been in the city for a
long time and was a good neighbor to the community.
Motion by Commissioner Landy, seconded by Commissioner Sclunidt, to
close the public hearing on Planning Case 08-09. All voted in favor. Motion
carried.
Chair Hemken questioned whether or not the grading plan had been
reviewed. Mr. Jason Quisberg responded that he reviewed the plan and it
didn't appear to impede any of the nahlral flows in the area. The garden site
would be constructed into the hill and would be graded as to direct the water
awav from it.
"
Discussion ensued on a drainage pipe under the sidewalk at the southeast
entrance.
Chair Hemken commented tlut the city attorney would be reviewing the
documents related to the columbarium site prior to the City Council meeting.
Motion
Item 4.2
Motion by Commissioner Schmidt, seconded by Commissioner Landy, to
approve Planning Case 08-09, request for conditional use permit
amendment to add a memorial garden and columbarium to the church
property, 3900 Winnetka Avenue North, Holy Nativity Lutheran Church,
petitioner, subject to the following conditions:
1. Review and approval of the Columbarium and Memorial Garden
Policy document by the city attorney with specific attention to
administrative and financial responsibilities should the church
disband.
Planning Commission Meeting
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July 8, 2008
2. Review and approval of the grading plan by the city engineer.
Voting against:
Absent:
Motion carried.
Anderson, Brinkman, Crough, Hemken, Houle, Hunten,
Lal1dy, Nirgude, Schmidt, Svendsen
None
Oelkers
Voting in favor:
Chair Hemken stated that this planning case would be considered by the City
Council at its meeting on July 28 and asked that the petitioner attend that
meeting.
Planning Case 08-10
Item 4.3
Chair Hemken introduced Item 4.3, request for site and building plal1 review
for a large building expansion al1d vacation of public utility easement
through the property, 5650 International Parkway, Twin City Hardware,
petitioner.
Mr. Eric Weiss stated that the petitioner was requesting site and building
plal1 review for a large building expansion and vacation of public utility
easement through the property. The site is located in the northern industrial
park and is zoned indush'ial with industrial uses to the north, south and
west. The city's Victory Park is located to the east. The site area contains
112,170 square feet or 2.58 acres. The existing building contains 12,100 square
feet; the proposed addition would include 4,200 square feet of office and
18,800 square feet of warehouse space for a total of 23,000 square feet. The
finished building would contain 35,100 square feet. Lot area ratios would
include: 40 percent green space, 31 percent building area, and 29 percent
paved, One additional truck loading bay would be included with the
expansion, as well as an expanded parking lot, improved landscaping and a
new storm sewer pipe and easement. Twin City Hardware is a supplier of
doors, hardware and security needs, has been located in New Hope for
several years, and has outgrown it current facility.
Mr. Weiss explained that the building materials and construction type would
match the existing. Exterior walls would be precast concrete double tee tilt-
up panels with a structural steel roof structure al1d rubber membrane roofing
system. The building expansion would require rerouting the existing 24-inch
diameter storm sewer line which is located in the proposed facility expansion
area. The current 20-foot wide easement must be vacated and a new easement
created for rerouted storm sewer line around the building.
Property owners within 350 feet were notified and the city did not receive
any comments,
Per city code, staff recommended formal review of this proposal due to the
large building addition which was anticipated to change the parking and
traffic demands of the site. The Development Review Team and Design and
Review Committee considered the application al1d were generally supportive
of the request, however, requested additional information including
ventilation for h'ucks stored inside, truck circulation plan, use of new and old
space, revised elevation plan, redirect catch basin to treatment device, and 32-
Plalming Commission Meeting
7
July 8, 2008
foot curb cut. Revised plal1s were submitted as a result of those meetings.
Mr. Weiss explained that the project was compliant with all setback and lot
area requirements. The new space would be used for commercial purposes
and the older portion would be utilized for residential hardware purposes.
Code requires 38 parking spaces al1d 42 spaces are provided including three
hal1dicapped spaces. Four parking spaces were removed on the north side of
the property, per staff recommendation. Revised plans indicated an altered
storm sewer system on site. The circulation plan shows the parking lot is
large enough for semi h'ucks. Due to site restrictions, only one loading dock
may be available for use at a time. The applicant should submit information
on truck stacking. Snow storage would be accommodated in the landscaped
area along the south edge of tl1e parking lot. Four pole mounted lights were
shown on the photometric plan, which are complial1t with code. A large area
of the parking lot is dimly lit al1d additional pedestrian lighting should be
included that is consistent with tl1e Design Guidelines. Trash al1d recycling
would be housed in an existing cedar enclosure along the south wall of the
existing building. The air conditioning equipment would be housed in the
rear yard along the south wall of the addition and would be screened from
view by lal1dscaping. No rooftop equipment was included. New trees are
proposed along the southwest and west property lines. Small bushes are also
included along the south wall of the addition. Staff recommended four
maples along the west be moved south of the utility easement. The building
addition was designed to match the existing building, including precast
concrete panels. An entrance awning was shown on the plans, per Design
Guidelines. No additional signage was proposed. The Design and Review
Committee suggested directional signage to direct customers to commercial
and residential spaces.
The fire department requested additional information on the fire department
connection, location of hydrants, fire department lock box, and arrangement
of warehouse space.
Mr. Weiss reported there was an existing 20-foot easement rulming east and
west through the center of the property. The portion of the easement in the
area of the expansion would need to be vacated by the City Council and a
new easement around the building dedicated. The new north/south pipe was
moved to the east onto city park property so no easement would be required
for that portion of the pipe. The plans included the city engineer's
recommendation for a structural treahnent device to treat runoff prior to
being discharged into the public system. Grading work would need to be
completed in the expansion area where the ground slopes to the east. Final
grading and utility plans would be subject to approval by the city engineer.
[vir. Weiss added that the project met the goals of the Comprehensive Plan
and Design Guidelines. Staff recommended approval of the site and building
plan review al1d vacation of the utility easement subject to the conditions
listed in the planning report.
Commissioner Crough clarified that pick up trucks would be parked inside
the building at the north enh'ance and a ventilation system had been
Planning Commission Meeting
8
July 8, 200S
provided. He also clarified that the whole building would be sprinklered.
Commissioner Nirgude added that customers would utilize the north
entralKe al1d park inside the building when they pick up materials.
Mr. Cal Boomer, co-owner of Twin City Hardware, came forward to answer
questions of the Commission. Mr. Boomer stated that they had 120,000
square feet of welding shop, warehouse al1d office in Oakdale al1d most of
the large delivery trucks come to that location. They buy materials in the
largest volume possible with most of it delivered to Oakdale. The product is
then split up among the stores al1d hauled in smaller trucks to the other
locations. In answer to a question regarding additional traffic at the site, Mr.
Boomer stated approximately 20 percent of sales was picked up. Most of the
merchandise sold was shipped direct from the warehouse. They have 38
national accounts, including Target, Best Buy, Chipotle Grills, and Gander
Mountain. The New Hope location stocks wood doors and hollow metal
frames and receives materials approximately once a month in two trucks. It
v,Tould be very rare that the trucks would arrive at the same time. They
wal1ted two loading docks so that they could take materials directly into the
new warehouse rather than have to h'uck it through the doors that will be
installed in the wall between the old and new portions. The expansion plans
were designed so that customers/contractors could pull their vehicles inside
to load. Sometimes, in winter, they park COmpal1Y trucks inside at night when
it is very cold outside. This expanded facility should accommodate their
business for another 10 to 12 years, after which time they would need to
move into a larger facility.
Commissioner Svendsen inquired of the landscaping on the north side. Mr.
Boomer stated that ash trees were in that area. He indicated he would remove
the basswood trees and plant something new. Svendsen stated he would
agree on a one-for-one tree replacement.
Mr. Quisberg, city engineer, stated that due to the topography of the site a
sh'uctural treatment device could be constructed in lieu of a pond and would
provide the same 'water quality benefits as a pond. The impervious area
would be increasing significantly. Per code, the on-site ponding would only
be required for the additional impervious. In this situation and given the
topography, all of the site runoff would be directed to this treatment device,
including the existing.
Commissioner Svendsen confirmed that the mechanical room and fire
department connections would be in the old portion of the building.
No one was in the audience to address the Commission.
Motion by Commissioner Landy, seconded by Commissioner Svendsen, to
close the public hearing on Planning Case 08-10. All voted in favor. Motion
carried.
Commissioner Svendsen clarified that the residential products would be
housed in the existing building and the commercial products would be
placed in the new addition. The showrooms would be in the area of the
Plalming Commission Meeting
9
July 8, 2008
current offices. Signage would be placed on the building directing residential
and commercial customers to the proper entrance.
Motion
Item 4.3
Motion by Commissioner Houle, seconded by Commissioner Landy, to
approve Planning Case 08-10, request for site and building plan review for
a large building expansion and vacation of public utility easement through
the property, 5650 International Parkway, Twin City Hardware, petitioner,
subject to the following conditions:
1. The applicant shall identify areas for stacking of trucks, should both
loading docks be in use.
2. The four Norway maples illustrated on the landscape plan shall be
shifted to the south of the utility easement to provide improved
landscape screening from the east.
3. A 20-foot utility easement shall be described as shown on the plans.
The description shall include a north/south connection on the city's
park property, connecting the existing east/west extension. Unused
easement shall be vacated by the City Council.
4. Directional signage shall be added to the site to direct customers to
the appropriate entrance.
5. Final grading and utility plans are subject to approval by the city
engineer.
6. Additional lighting shall be included to illuminate dark or dimly lit
areas of the parking lot and pedestrian walkways.
7. Comply with West Metro Fire-Rescue District recommendations (June
11,2008).
8. Tree replacement on a one-to-one basis.
V oting in favor:
Anderson, Brinkman, Crough, Hemken, Houle, Hunten,
Landy, Nirgude, SclU11idt, Svendsen
None
Oelkers
Voting against:
Absent:
Motion carried.
Chair Hemken stated that this planning case would be considered by the City
Council at its meeting on July 28 and asked the petitioner to be in attendance.
Planning Case 08-05
Item 4.4
Chair Hemken introduced Item 4.4, request for conditional use permit to
allow an independent living with services arrangement in an existing 11-unit
apartment building, 2730 WilU1etka Avenue North, Nnelma Dinney,
TotalCare Assisted Living Services, LLC, petitioner.
Mr. Curtis Jacobsen stated that the petitioner was requesting a conditional
use permit to allow the conversion of an 11-unit aparh11ent building into a
10-unit independent living with services facility. The property is located in an
R-B residential business zoning district with an R-B property to the north
(office building), R-4 high density residential to the east, R-l single family
residential to the northeast, and C-B community business (Midland Shopping
Center) to the west across Winnetka Avenue. The site area contains 22,231
square feet. The building is three levels with 2,743 square feet per level. Lot
area ratios include: building 12 percent, paved and green area approximately
Planning Commission Meeting
10
July 8, 2008
44 percent each. The site currently provides 17 parking spaces. An easement
would be necessary from the owner to accommodate a new drainage
easement associated with the Terra Linda drainage project later this year. The
ll-unit apartrnent building has fallen into disrepair and needs attention to
the building, grounds, and parking lot. The petitioner proposed purchasing
the property and making tl1e necessary repairs.
Mr. Jacobsen explained that TotalCare Assisted Living Services offers the
only program in the Twin Cities operated by a pharmacist with a specific
focus on chronic disease management, al1d emphasizes achieving
independent living through the best use of medicines. The petitioner had
worked with veteran populations on mental health, emergency and
medication management for chronic disease, congestive heart failure,
diabetes, and post traumatic stress syndrome. The program would provide
assisted living services for individuals over 18 years of age who are medically
disabled due to chronic illness. Most clients are 45 to 55 years of age or older.
The following services would be provided: 24-hour oversight and social
activities, tlu'ee meals per day plus snack, 24-hour emergency pull cord
response system, assistance with medications and bathing, light
housekeeping, weekly laundry, transportation, and assistance finding work
or volunteer opportunities.
Properties within 350 feet were notified al1d staff had not received any
negative feedback. The owners of the shopping center to the west contacted
staff seeking more information on the project; they had no comment either
for or against.
Mr. Jacobsen stated that the city was processing this application as a
conditional use permit to allow a long term care facility in the R-B zoning
district. All state laws and permits must be strictly adhered to and all
required permits must be obtained.
The Development Review Team and Design al1d Review Committee
discussed the request and were generally supportive but stressed the need to
complete all building, fire and site improvements prior to occupancy. Areas
requiring modification include major repairs to pavement, sh'iping of
parking stalls including one handicapped space, landscaping maintenance,
provide lighting plal1 showing compliance with light trespass and security,
replace/relocate trash enclosure, relocate storage building, general site
maintenance, and maintain existing easement.
Mr. Jacobsen reiterated that the proposed reuse of the property would be a
significant upgrade to the current use. Safety feahlres such as sprinkler
system and doors/hallways that meet the fire code are a positive step in the
reuse of the property. Staff recommended approval subject to the conditions
listed in the planning report.
Commissioner Houle pointed out that code required one parking space per
unit plus one space for each employee on the largest shift (two employees on
afternoon/evening shift) or 12 spaces. One space would be needed for the van
used to transport clients. Seventeen spaces are provided on site.
Planning Commission Meeting
11
July 8, 2008
Commissioner Hunten questioned whether all aparhnents would contain a
kitchen and if clients would be eating meals provided by staff. Mr. Jacobsen
stated that clients could cook for themselves or have meals served to them.
Part of the plan would be to convert the kitcl1en in the office unit to a
commercial kitchen, if required.
Commissioner Crough asked about tl1e storm sewer al1d Mr. Jacobsen stated
that the petitioner and current owner were agreeable to entering into an
utility easement with the city for the drainage.
Commissioner Svendsen clarified that the building is three stories with the
lower level units partially below grade.
Ms. NnelU1a Dirmey, CEO of TotalCare Assisted Living Services, 8906 177th
Street, Lakeville, came forward to answer questions of the Commission.
Chair Hemken asked for a definition of independent living with services. Ms.
Dilmey stated that Hennepin County now defines assisted living as
customized living. A new idea from the state of Minnesota was to rebalance
money spent for nursing home care to community services. Many clients,
who do not need skilled nursing care, could move from costly nursing homes
to less expensive customized living arral1gements, and live independently
with some supervision such as medication reminders, meal preparation,
housekeeping, laundry, et cetera. This is not a group home, due to the fact
that eacl1 client has an aparhnent.
Chair Hemken wondered where the current residents of the apartment
building would go. Ms. Dilmey stated that the leases with the current owner
are on a month-to-month basis. Approximately five of the apartments are
now vacant. The rest of the tenants could be notified to vacate with proper
notice. Some of those residents are already plalming on moving after hearing
of the proposed change in use.
Commissioner Brinkman inquired whether or not an elevator was in the
building and Ms. Dinney replied that there was no elevator. All clients would
be mobile and able to walk up and down the stairs. There would be no need
for handicap access. There would be one client per apartment, for a total of 10
residents, which complies with the contract for independent living.
Discussion ensued regarding the rent payment for the units. Ms. DilU1ey
explained that there are two types of funding available: one would pay for
the services and another paid for the rent.
A question was raised whether there were other facilities such as this in the
Twin Cities. Ms. Dinney stated there are many in the cities, including
Touchstone at 7376 Bass Lake Road in New Hope. That facility was
established years ago and has two people per unit. Now the county prefered
that individuals live independently in one-bedroom units.
Commissioner Brinkmal1 inquired of staffing on site. Ms. Dilmey responded
Planning Commission Meeting
12
July 8,2008
that tl1e number of staff depends on the type of clients in the building.
Generally, during the peak hours in the morning, one staff person was
sufficient, and in the evening when cooking meals, two people may be on
staff, witl1 some overlap during shift changes.
Commissioner Svendsen wondered which unit was for the caretakers and the
answer was Unit #1 on the garden level on the east side of the building. The
garden level units are down a half-flight of stairs from the front door.
Commissioner Svendsen questioned who would be available to dispense
medicines from the locked cabinet. Ms. Dim1ey stated that nurse's aides
would be on staff al1d were licensed to dispense medicine. Some of the clients
just needed to be reminded to take medication.
Commissioner Nirgude wondered whether visitors and family members had
restricted hours al1d if there was any special place to meet with the clients.
Family members could visit with the residents until 9 p.m. in the community
room.
Commissioner Landy pointed out the condition of the property al1d asked
whether the petitioner was comfortable with all of the improvements. In
response to Commissioner Anderson's question regarding property
maintenance and the general contractor, Ms. Dinney stated that Duane North
would be completing the renovations.
Commissioner Brinkman wondered if other facilities are the same size and
Ms. Dirmey stated that this facility would be smaller thal1 some in the cities,
which house 14 to 18 clients.
Chair Hemken commented that the city inspects, ammally, all properties
where a conditional use permit had been approved. City Attorney Sondrall
interjected that a CUP could be checked every day. The applicant must
comply with the conditions of the CUP.
Commissioner Svendsen reminded the petitioner that their Certificate of
Regish'ation for Housing With Services was near the expiration date and it
was confirmed that the license had been renewed.
Commissioner Svendsen pointed out that the applicant's narrative indicated
that a bed and breakfast facility with fewer thal1 10 residents did not need to
have a commercial kitchen. This facility would have 10 residents plus staff.
Ms. Dilmey stated that 10 clients or less was code for having a commercial
kitchen. Staff was not included in the count.
Commissioner Nirgude thanked the petitioner for providing information
requested at the Design and Review Committee meeting.
Chair Hemken questioned whether or not Ms. Dinney planned on doing any
other landscaping on the property and she indicated that may happen as the
business stabilized. She would try to beautify the building first.
Commissioner Nirgude confirmed that Ms. Dirmey was going into this
venhlre with a long-term commitment.
Plalming Commission Meeting
13
July 8,2008
No one was in the audience to address the Commission.
Motion by Commissioner Landy, seconded by Commissioner Svendsen, to
close the public hearing on Planning Case 08-05. All voted in favor. Motion
carried.
Commissioner Houle wondered whether the list of deficiencies from the
building official was included in the conditions of approval. Mr. Jacobsen
stated that the initial code compliance inspection was done and those
correction orders must be completed. The list was provided to the owner and
the applical1t so they could determine who would be completing those items.
Commissioners suggested an additional condition that "corrective action is
taken prior to occupancy of the building" and amend condition number 1 to
read "The building shall be improved to meet all current fire regulations and
building codes. All building plans shall be reviewed and approved by the fire
chief and building official."
Motion
Item 4.3
Motion by Commissioner Houle, seconded by Commissioner Landy, to
approve Planning Case 08-05, request for conditional use permit to allow
an independent living with services arrangement in an existing ll-unit
apartment building, 2730 Winnetka Avenue North, Nnenna Dinney,
TotalCare Assisted Living Services, LLC, petitioner, subject to the
following conditions:
1. The building shall be improved to meet all current fire regulations
and building codes. All building plans shall be reviewed and
approved by the fire chief and building official.
2. A pest elimination plan shall be submitted and approved by the
building inspector.
3. The kitchen plan shall be approved by the State Department of
Health and result in a food license from the department.
4. A televised sewer inspection shall be conducted. The results shall be
reviewed by city staff. Any corrective measures recommended by staff
shall be completed by applicant.
5. Property shall be inspected for the presence of mold. If mold exists, a
hazard mitigation plan shall be completed showing how the mold
will be removed. The plan shall also document how existing asbestos
materials will be removed and disposed of.
6. A heating system safety check shall be completed and be approved by
the building inspector.
7. A lighting plan shall be submitted showing the location of all exterior
fixtures along with a photometric evaluation. Plan shall include a
description of all proposed fixtures. Plan shall demonstrate
compliance with both light trespass and security standards.
8. Parking lot shall be resurfaced and parking spaces striped. A
handicapped space shall be located near front door.
9. A plan shall be submitted showing the design and materials proposed
for the trash enclosure. Plan shall be reviewed and approved by city
staff.
10. Property shall be cleaned of trash and landscaping shall be trimmed
Plalming Commission Meeting
14
July 8, 200S
Design and Review
Committee
Item 5.1
Codes and Standards
Committee
Item 5.2
OLD BUSINESS
Miscellaneous Issues
NEW BUSINESS
Plalming Commission Meeting
and approved by staff.
11. Annual inspection by city staff for CUP compliance.
12. Repairs outlined by building inspector to be completed prior to
occupancy.
Voting in favor:
Anderson, Brinkman, Crough, Hemken, Houle, Hunten,
Landy, Nirgude, Sclm1idt, Svendsen
None
Oelkers
Voting against:
Absent:
Motion carried.
Chair Hemken stated that this plalming case would be considered by the City
Council at its meeting on July 28 and asked the petitioner to be in attendance.
The Commission thal1ked Ms. DilU1ey for her work in this field.
Commissioner Svendsen reported that the Design and Review Committee
met in June to review the projects discussed at this meeting. Mr. Jacobsen
added that one pre-application meeting had been conducted for a lot split,
which may move forward for the August Plalming Commission meeting. The
committee would be contacted if a meeting would be necessary on July 17.
Chair Hemken stated that the Codes al1d Standards Committee did not meet
in June.
A question was raised as to the status of 3965 Wirmetka. Mr. Jacobsen stated
that the developer was still trying to find a lender to work with him on the
project.
Mr. Jacobsen gave an update on the Holiday Stations tore project and stated
that construction plans had been submitted, The EDA would be considering
the loan agreement at its meeting at the end of July.
The Comprehensive Plal1 was in the six-month review period. New Hope's
plan had been sent to surrounding cities for review.
Mr. Jacobsen offered a brief update on the City Center project. The developer
continued to meet with staff and the financial consultant to try to make the
project work.
An update was given on the Bass Lake Road Apartment site. All the
buildings have been demolished. The bihlminous would be ground and
hauled off site, and then the site would be graded al1d hydro-seeded.
Commissioner Schmidt initiated discussion on the rear yard variance
requests for legal non-conforming properties and possibly allowing
administrative approval. Mr. Jacobsen stated that due to the description for
the legal front of the lot and because a variance was required there was no
way to circumvent the public hearing process. Mr. Sondrall stated that the
issue revolved around the definition of a side yard or front yard al1d the
placement of the house on the property when it was constructed years ago.
15
July 8, 200S
Commissioner Houle initiated discussion on the signage placed in yards by
roofing contractors after the hail storm and stated he felt the signs were
beneficial in keeping many door knockers away. He suggested that the city
develop a policy for staff to follow in these situations. Mr. Jacobsen offered
input from the building department's perspective. After a major storm, many
out-of-state contractors come into the area that are not familiar with al1Y of
the state's regulations, and staff spends a great deal of time educating these
contractors. Sondrall added that the Council indicated staff should move the
signs to make them legal and rela-'( enforcement of the city code. Mr. Jacobsen
stressed that the City Council recently adopted a new sign code that stated
signs should be placed 10 feet behind the curb or behind the sidewalk. Staff
was enforcing this uniformly throughout the city. After contacting the
roofing contractors al1d receiving assurances that the signs would be placed
correctly, the next day signs were again placed next to the curb and at the
comers. Staff understands that residents were inundated with the door
knockers; however, staff was h-ying to enforce the new sign code as it was
written and keep the signs out of the boulevard area. The code does allow
contractors to put signs on private property for a period of 10 days. Once a
permit is issued, the sign is allowed in the yard until the job is completed.
Mr. Jacobsen reiterated that it was the job of the inspectors to enforce the
ordinance that was approved by the Plarming Commission and City Council.
He added that there had not been any complaints since the Council
recommended relaxing the standard for placing roofing/siding contractor
signs. Staff would be following the same policy for storm damage situations
in the future.
Discussion ensued on the pros and cons of a solicitor's license where the
contractors have to apply for, pay for, and go through a background check.
Mr. Sondrall added that solicitor's licenses were not very enforceable al1d
easily challenged. He also stated that it was a discrimination and freedom of
speech issue. Sondrall indicated he was more in favor of establishing a policy.
Motion to Approve
Minutes
Motion by Commissioner Svendsen, seconded by Commissioner Landy, to
approve the Planning Commission minutes of May 6, 2008. All voted in
favor. Motion carried.
ANNOUNCEMENTS
Mr. Weiss stated that nominations were due on July 31 for the Residential
Property Recognition Program award and the Outstanding Business
Program award. Volunteers would be needed to judge the residential
program nominations in August.
The next Planning Commission meeting would be held on Wednesday,
August 6, due to National Night Out activities on Tuesday.
ADJOURNMENT
The Planning Commission meeting was unal1imously adjourned at 8:58 p.m.
Respectfully submitted,
c;;p~ ..s;~
Pamela Sylvester, Recording Secretary
Planning Commission Meeting
16
July 8, 2008