060220 Planning CommissionCITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, MINNESOTA 55428
PLANNING COMMISSION MINUTES June 2, 2020
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. Due to the COVID-19 pandemic, this meeting was conducted
virtually using the Webex video media platform.
ROLL CALL Present: Scott Clark, Jim Brinkman, Matt Mannix, Chris Hanson,
Tom Schmidt, Roger Landy, Bill Smith, Matt Korkowski,
Michael Redden
Absent: None
Also Present: Jeff Sargent, Director of Community Development; Jeff
Alger, Community Development Specialist; Brandon Bell,
Community Development Assistant; Stacy Woods,
Assistant City Attorney; Al Brixius, Planning Consultant;
Dan Boyum, City Engineer; Kathi Hemken, Mayor; Jessi
Weber, Recording Secretary
NEW BUSINESS Staff discussion pertaining to new chair appointments. The Planning
Commission elected the following: Commissioner Clark, Chair;
Commissioner Smith, Vice Chair; Commissioner Hanson, Third
Officer.
PUBLIC HEARING
Planning Case 20-05
Item 4.1
Chair Clark introduced Item 4.1, Planning Case 20-05, a 5-foot rear yard
setback variance to accommodate the construction of the proposed
garage, 7821 44th Avenue North, Seth Gagnon, petitioner.
Mr. Brandon Bell, Community Development Assistant, gave
background information on the case. The applicant is interested in
tearing down an existing two-car detached garage in order to
accommodate a new three-car detached garage. The applicant has
indicated that the current garage has structural issues and needs to be
replaced.
Bell then reviewed the zoning for the property. The existing garage has
a six-foot rear yard setback and is considered a legally non-conforming
structure. The proposed garage would require a 5-foot variance for the
rear yard setback. The required rear yard setback in the R-1 District is
ten feet. The proposed new garage would have a setback of five feet from
the rear property line, requiring a five-foot rear yard setback variance.
Next, Bell reviewed the variance standards per New Hope City Code.
Staff has determined the request meets these standards, as the new
garage would be a reasonable use of the land.
Bell concluded that proper legal notice and mailing notice were given.
Staff did receive a letter in support of the garage variance from the
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neighbor residing at 4322 Winnetka Avenue North. This neighbor
would be the most affected by the garage variance. Staff recommended
approval of the case.
When Chair Clark questioned whether any of the Commissioners had
any questions for staff, Commissioner Brinkman asked what the garage
size is. Bell replied the current garage is a detached two -car garage and
the proposed garage is a detached three-car garage. Commissioner
Brinkman asked if there were garage doors for each stall. The applicant,
Seth Gagnon, replied there is a 10-foot wide single garage door on the
south end. There will be an 18-foot wide double garage door to the north
of the single garage door. Then a service door will be north of the double
garage door. Commissioner Brinkman asked what the height of garage
would be. Mr. Gagnon stated the current garage height is 14 feet, 11
inches in height. He did not have the proposed garage height, but it
would be slightly taller than the current garage.
Commissioner Redden asked for confirmation that the letter received
was in support of the garage variance. Commissioner Clark replied that
is was in support.
Commissioner Clark asked Mr. Gagnon if he was in agreement with all
the conditions that were given. Mr. Gagnon replied he did agree with
the conditions.
Motion by Commissioner Landy, seconded by Commissioner
Brinkman, to open the Public Hearing. All present voted in favor.
Motion carried.
No one from the audience wished to speak.
Motion by Commissioner Landy, seconded by Commissioner
Brinkman, to close the Public Hearing. All present voted in favor.
Motion carried.
Commissioner Smith asked what the concrete to green space ratio was
with the proposed garage. Mr. Gagnon replied the amount of concrete
added would only be 2-4 feet. There is already an existing concrete pad
next to the garage, so the proposed garage would not be adding much
more concrete to the property.
Chair Clark asked how much the nonconformity would be for the
proposed garage. Mr. Bell replied it would be 1 foot when compared to
the existing garage.
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Planning Commission Meeting June 2, 2020
Motion
Item 4.1
Motion by Commissioner Landy, seconded by Commissioner Schmidt,
to approve Planning Case 20-05, a 5-foot rear yard setback variance to
accommodate the construction of the proposed garage, 7821 44th Avenue
North, Seth Gagnon, petitioner, with the following conditions:
1. No business or home occupation shall be conducted in or
around the garage.
2. The garage shall not be used as a living quarters, either
temporary or permanent.
3. The area around the garage shall be seeded or sodded prior to
the issuing of a certificate of occupancy.
Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy,
Smith, Korkowski, Redden
Voting against: None
Absent: None
Motion approved 9-0
Chair Clark stated the case will be brought to the June 22, 2020 City
Council meeting.
PUBLIC HEARING
Planning Case 20-06
Item 4.2
Chair Clark introduced Item 4.2, Planning Case 20-06, Conditional Use
Permit (CUP), site plan review, and two variances to allow for a 15,000
square foot expansion of warehouse located at 3101 Louisiana Avenue
North, Furniture Industries, petitioner.
Mr. Jeff Alger, Community Development Specialist, gave background
information on the case. Furniture Industries submitted an application for
a 15,000 square foot expansion to their existing building to allow for
additional office and warehouse space. The business is growing and in
need of the additional space to continue operations in New Hope. The
CUP would allow for a placement of a loading bay fronting a public street.
The variances would allow for a reduction of the rear yard setback
requirement for the principal building and a reduction to the required
curb cut setback from the public street at the intersection of Louisiana and
31st avenues.
Next, Alger reviewed the zoning for the case. The existing building does
not meet the required front yard setback of 30 feet. This is an existing legal
non-conforming condition that would not be expanded upon as part of
the proposed project. The proposed expansion would enlarge the
building to the west, placing the footprint 10 feet from the rear yard
property line. City Code requires a 30-foot rear yard setback, thus
necessitation of a variance. The property abuts a wetland on an industrial-
zoned property to the west. The wetland serves as a buffer between the
two properties.
The proposed expansion indicates 52 parking stalls, including two
disability stalls, which exceeds the minimum requirement of 47 parking
stalls. Landscaping is required at the perimeter to screen headlights. The
applicant is proposing to move and enlarge the existing curb cut along
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Planning Commission Meeting June 2, 2020
31st Avenue North to the west. The proposed curb cut is shown at a width
of 32 feet. The applicant is also proposing a new 24-foot-wide curb cut for
the new parking area at the southwest corner of the parcel. A variance is
required to allow for a reduction to the required curb cut setback from the
public street intersection. The applicant is proposing a 25-foot setback,
whereas a 40-foot setback is required.
The industrial zoning district allows for a maximum of 80% impervious
surface coverage. The applicant’s code review indicates the site will be at
78.5% impervious surface coverage after completion of the project. The
building expansion would involve the construction of two new loading
bays. This meets the city’s requirements for number of loading bays;
however, a CUP is required to allow loading bays in a side yard abutting
a public street.
The plans indicate the property will be regraded and a paved access to the
existing overhead garage door on the north side will be installed. The
application has provided a letter from the property owner at 3109
Louisiana Avenue North granting permission to access the garage door
on a temporary basis from their property. The trash enclosure,
landscaping, snow storage, and lighting all meet city requirements. The
applicant must work with the city engineer for grading and drainage with
the abutting wetland and ensure storm water will not damage the
wetland.
Alger concluded that proper legal notice and mailing notice were given.
Staff did hear from one resident who expressed concern about the size
of the project and plans to speak at the public hearing. Staff
recommended that the Planning Commission conduct a public hearing
and approve a site plan review for the expansion of the building located
3101 Louisiana Avenue North. Staff also recommend ed approval of a
CUP allowing for the placement of a loading bay fronting a public street
and two variances allowing for the reduction of the rear yard setback
requirement for the principal building, and a reduction to the required
curb cut setback from the public street at the intersection of Louisiana
and 31st avenues.
When Chair Clark questioned whether any of the Commissioners had any
questions for staff, he first asked for clarification that there were two bay
areas and one overhead door. Mr. Alger replied there were two loading
pays and no overhead doors. The architect for the applicant, Jerry
Anderson, stated when the drive entrance was narrowed, it eliminated 3
parking stalls in order to open up turning lanes for semi-trucks. The third
loading bay was eliminated, but an overhead door remained. The door
will be used for the trash removal/pickups and for mail to be delivered.
Chair Clark thanked the applicant for working with city staff in making
adjustments on the plans. Chair Clark asked how things were progressing
with the Basset Creek Watershed District regarding their proposed plans.
Dan Boyum, city engineer, added that the impervious surface noted on
the proposed plans did not trigger an official watershed review. There is
no wetland buffer that is being required, but a wetland delineation is
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Planning Commission Meeting June 2, 2020
being addressed with the applicant and Stantec. Chair Clark then asked
for clarification on the percentage of impervious surface. Mr. Alger
clarified the percentage was at 78.5%.
Commissioner Landy asked if Dan Boyum was comfortable with the
direction the storm water plans were going. Mr. Boyum stated things
were moving the right direction with the plans. Commissioner Landy
asked the applicant if they were comfortable with the conditions listed.
Mr. Anderson stated they were comfortable with the conditions. They
noticed an additional condition was added to the list regarding the
maintenance of the storm water, and they were comfortable with that.
Stacy Woods, City Attorney, added that she would draft the storm water
maintenance agreement for all parties to sign.
Commissioner Schmidt asked if the email received was in support of the
variance request and if it could be read aloud for the record to be included
in the public hearing. Chair Clark read the email from Jeff Freeman for the
Planning Commission. Mr. Freeman expressed concern the building
expansion would result in an increase in truck traffic, noise, and the
removal of green space.
Motion by Commissioner Landy, seconded by Commissioner Mannix,
to open the Public Hearing. All present voted in favor. Motion carried.
Stan Matthews, 3016 Louisiana Ave N, Crystal, called in regarding his
concerns about the parking lot and removal of the green space
potentially leading to an increase in traffic noise. Mr. Matthews also had
concerns with the noise generated from equipment for snow removal,
as that often happens during the night. Mr. Matthews questioned how
the buffer will be created with such a small space between the building
and wetland, and asked for clarification on the location of the loading
docks. Mr. Alger responded the loading docks are on the south side
coming in off 31st Avenue North. The loading area will be located in the
existing parking lot and the proposed new parking lot will be for
passenger vehicles only.
Pat Bowman, 3032 Louisiana Avenue North, Crystal expressed her
opposition to the expansion of the parking lot. Her concern is an increase
in activity noise and the overall look will be less like a neighborhood.
Kathi Hemken, Mayor, asked the applicant if jobs would be created as a
result of the expansion. David Fystrom, architect, stated seven new
warehouse jobs will be created. With the current Covid-19 concerns,
staff is working from home and the company will likely continue to have
staff work remotely. He anticipates that not all the parking spaces will
be used.
Motion by Commissioner Landy, seconded by Commissioner Redden,
to close the Public Hearing. All present voted in favor. Motion carried.
Chair Clark asked the applicant about the functional need for parking
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Planning Commission Meeting June 2, 2020
vs. the zoning requirement for parking. Mr. Anderson stated that the 11
outside stalls facing Louisiana A venue could be considered proof-of-
parking in that not all required parking stalls would actually be needed.
The boulevard could be kept intact in that area with no parking lot
lights. If those stalls were needed in the future, the stalls would be
available. Commissioner Clark agreed that the proof-of-parking idea
might act as a viable solution. Jeff Sargent, Community Development
Director, stated the proof-of-parking could preserve green space and
address some of the concerns from the neighbors. Al Brixius, City
Planner, contributed that adding the proof-of-parking as a condition of
approval would eliminate the need for an additional public hearing at a
later time. Ms. Woods agreed that adding the proof-of-parking and
storm water maintenance agreement as conditions of approval would
all be included with the current public hearing.
Mr. Anderson contributed that there are very few over the road semi-
trucks that enter the site. The bulk of the traffic on site will be step vans,
UPS vehicles, USPS vehicles.
Commissioner Brinkman thanked Mr. Anderson for clarifying that
semi-trucks are not entering the site.
Motion
Item 4.2
Motion by Commissioner Landy, seconded by Commissioner Brinkman,
to approve Planning Case 20-06, Conditional Use Permit (CUP), site plan
review, and two variances to allow for a 15,000 square foot expansion of
warehouse located at 3101 Louisiana Avenue North, Furniture Industries,
petitioner, with the following conditions, plus the two additional
conditions, #7 and #8:
1. Any outdoor mechanical equipment shall be identified on
building plans and shall meet screening requirements specified
in Section 4-3(b)(5)c. of the City Code.
2. With the exception of trash pickup day, trash-handling
equipment shall be stored inside principal building.
3. Landscaping along south property line adjacent to parking lot
shall be spread out for entire length of parking lot.
4. Tree preservation plan shall be submitted in order to ensure five
trees on west side of the property will survive impact of
construction. Replacement plan shall be submitted if trees do
not survive.
5. Grading, drainage, storm water management, and wetland
delineation, protection, and restoration plans shall be subject
to review and final approval by the City Engineer and Storm
water Specialist.
6. Applicant shall provide record plans or as -built drawings to
the city following project completion.
7. Applicant shall enter into a storm water maintenance and
easement agreement with the City to be prepared by the city
attorney.
8. A restrictive covenant shall be recorded against the property
that mandates the construction of the proof of parking for 11
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Planning Commission Meeting June 2, 2020
additional parking stalls facing Louisiana Avenue North if
the city finds that the demand for on-site parking exceeds the
available supply. This covenant will also preserve the proof
of parking areas from any other type of construction.
Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy,
Smith, Korkowski, Redden
Voting against: None
Absent: None
Motion approved 9-0
Chair Schmidt stated the case will be brought to the June 22, 2020 City
Council meeting.
COMMITTEE REPORTS
Design and Review
Committee
Item 5.1
The next potential meeting is on June 18, 2020. There are two people
attending the pre-application meeting. Staff will be informed either way
if the meeting will happen or will be cancelled.
Codes and Standards
Committee
Item 5.2
There currently is no meeting scheduled.
NEW BUSINESS
OLD BUSINESS
Approval of Minutes
Item 7.1
Motion by Commissioner Landy, seconded by Commissioner Redden, to
approve the Planning Commission minutes of January 7, 2020. Motion
carried.
ANNOUNCEMENTS Commissioner Landy thanked Commissioner Schmidt for leading the
Planning Commission over the last three years.
Chair Clark asked on the status of the distillery that came through the
Planning Commission in January. Mr. Sargent provided an update that
they are still moving forward as planned.
Commissioner Brinkman asked for the next meeting to have a map of the
subject property available during the presentation. Mr. Sargent replied
that would happen for future meetings.
Commissioner Landy stated he would attend the June 18th Design &
Review meeting if Commissioner Redden was unable to attend.
Commissioner Redden stated he was planning to attend the June 18th
meeting.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:18
p.m.
Respectfully submitted,
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Planning Commission Meeting June 2, 2020
Jessi Weber, Community Development
Administrative Specialist