050421 Planning CommissionCITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, MINNESOTA 55428
PLANNING COMMISSION MINUTES May 4, 2021
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 Clark 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, Chris Hanson, Matt Korkowski,
Heather Koshiol, Roger Landy, Matt Mannix, Michael
Redden, Tom Schmidt
Absent: None
Also Present: Jeff Sargent, Director of Community Development; Jeff
Alger, Community Development Specialist; Al Brixius, City
Planner; Stacy Woods, Assistant City Attorney; Jessi Weber,
Recording Secretary
NEW BUSINESS Mr. Jeff Sargent informed that with commissioner changes to sub-
committees, the Codes & Standards committee needed to appoint a
chair position. Commissioner Mannix was elected as chair.
PUBLIC HEARING
Planning Case 21-05
Items 4.1
Chair Clark introduced Item 4.1, Planning Case 21-05, variance to allow
for a reduction in required side yard setback for expansion of single-
family home; 7711 – 49th Avenue N, Brian & Heather Hubbard,
petitioner.
Mr. Jeff Alger, Community Development Specialist, gave background
information on Planning Case 21-05. The applicant is requesting a
variance to allow for the construction of additional living space behind
the existing garage. The proposed 600 square foot addition would
include a living/kitchen area, a bedroom, and a bathroom. It would
connect to the existing living space through the garage. The home is a
legal nonconforming structure as the northeast corner of the garage is
set back 3.9 feet from the east property line. The proposed addition
would extend to the south, following the east garage wall. This
configuration would result in the new addition having a side yard
setback ranging from 6.5 feet to 7.5 feet. The required setback is 10 feet
for a living space, thus a 3.5-foot side yard setback variance is required.
Next, Alger explained that since a family member would occupy the
proposed addition, it may be treated as an expansion of the single -
family home. There is some concern that the new addition will present
a second dwelling unit to be made available for rent in the future. To
ensure the property remains a single-family home, additional design
considerations were recommended along with the consideration for the
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Planning Commission Meeting May 4, 2021
variance to preserve the dwelling as a single-family home.
Alger then addressed grading and drainage. Because of the reduced
setback and eave encroachment, the addition should include gutters and
downspouts. This detail should be added to the plans and indicate
where it will outlet. Drainage patterns may not adversely affect the
neighboring property. The survey must show grading and drainage
contours around the new addition and existing garage to show drainage
patterns. All grading and drainage plans are subject to review by the city
engineer.
Alger concluded that property owners within 500 feet of the parcel were
notified of the public hearing by mail, a legal notice was published in
the Sun Post newspaper, and a “Notice of Land Use Petition” sign was
installed at the property. The city received two inquiries from neighbors
who did not have concerns about the variance request.
Motion by Chair Clark, seconded by Commissioner Brinkman, to open
the Public Hearing. All present voted in favor. Motion carried.
Pete Johnson was logged in to the meeting. He said he drives by the
property and was in support of the case and just wanted to hear what
was discussed during the meeting. He expressed support of the project.
Motion by Chair Clark, seconded by Commissioner Landy, to close the
Public Hearing. All present voted in favor. Motion carried.
Chair Clark asked the applicant to introduce himself. Brian Hubbard
said they have lived in New Hope for 19 years. A family member will
be looking to move in with them in the near future. They were talking
about moving outside the city and purchasing a house to fit those needs.
In the end, they wanted to stay in New Hope and add on to their house
to provide room for their family member.
When Chair Clark asked if any of the commissioners had any questions,
Commissioner Schmidt questioned the fire safety in having two doors
located in the same corner of the addition. Mr. Alger said the initial plan
was looked at the by the Deputy Fire Marshal and she did not raise
concerns about the door locations. During the building permit
application process, the door locations would be looked at by the
inspector before approval.
Chair Clark wanted to add language to the variance specifying the
amount of the variance. Mr. Sargent added that the wording of a 3 .5-foot
variance should be written with the request. Chair Clark asked for
clarification if the variance would only apply to the addition since the
garage is already legal nonconforming. Mr. Brixus stated the variance
does only apply to the addition. Ms. Woods stated the plan depiction
could be attached to the variance for clarification purposes.
Commissioner Redden wondered if the stipulations could be added to
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Planning Commission Meeting May 4, 2021
the variance restricting use to only a single family to prevent a duplex
situation in the future. Chair Clark stated that could be added to the
variance resolution of approval. Commissioner Schmidt asked if the
added stipulation could be enforceable with a change of ownership. Ms.
Woods replied that if it were legally recorded, the variance and
requirements would run with the land. Commissioner Mannix stated
the definition of the R-1 District in city code already defines properties
as single family. Ms. Woods said looking at it technicially, it may not
need to be defined again. Chair Clark agreed, but said adding the
language may clarify for the future. The wording for the added
condition of approval will be supplied by the city attorney and
incorporated into the resolution for approval.
Commissioner Brinkman asked if the garage is heated, or will be heated.
Mr. Hubbard said there are no plans at this point to heat the garage.
There will be a breezeway of sorts with the addition, and the breezeway
will be heated.
Motion
Item 4.1
Motion by Commissioner Landy, seconded by Commissioner Redden,
to approve Planning Case 21-05, variance to allow for a reduction in
required side yard setback for expansion of single-family home; 7711 –
49th Avenue N, Brian & Heather Hubbard, petitioner, with the
following conditions and with the addition of stating the variance
amount will be 3.5 feet and the addition will be occupied by a family
member:
1. All utilities (sewer, water, electric, gas, etc.) to the addition shall
be extended from the existing house.
2. The property shall have one house address and mailbox.
Address numbers of a contrasting color to their background at
least four inches in height shall be added to the front of the
home or garage.
3. The addition shall be constructed with the same materials, color,
and design of the existing home.
4. The addition shall share an internal access with the principal
home.
5. Roof gutters and downspouts shall be installed on the east side
of the existing garage and the new addition in order to collect
roof drainage and direct storm water away from the property to
the east.
6. Site grading and drainage related to the expansion shall be
subject to review and approval by the city engineer.
Mr. Sargent wanted to amend the wording to reflect the house shall be
used according to the definition of a single-family home from the city code
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Planning Commission Meeting May 4, 2021
so that the property does not become a duplex. Commissioner Landy
accepted amendment.
Voting in favor: Clark, Brinkman, Hanson, Korkowski, Koshiol,
Landy, Mannix, Redden, Schmidt
Voting against: None
Absent: None
Motion approved 9-0
Chair Clark stated the case will be brought to the May 24, 2021 City
Council meeting.
COMMITTEE REPORTS
Design and Review
Committee
Item 5.1
The next potential meeting is on May 13, 2021. If an application is
submitted, staff will notify commissioners of the meetings.
Codes and Standards
Committee
Item 5.2
There currently is no meeting scheduled. There are a few topics in
queue, so a meeting will be set up in the next couple of months. Staff will
notify with the meeting date and time.
NEW BUSINESS
OLD BUSINESS
Approval of Minutes
Item 7.1
Motion by Commissioner Landy, seconded by Commissioner Schmidt,
to approve the Planning Commission minutes of April 6, 2021. Motion
carried.
ANNOUNCEMENTS
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 7:40
p.m.
Respectfully submitted,
Jessi Weber, Community Development
Administrative Specialist