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060501 Planning AGENDA PLANNING COMMISSION MEETING OF JUNE 5, 2001 CITY OF NEW HOPE, MINNESOTA- 7:00 p.m. 1. CALL TO ORDER 2. ROLL CALL 3. CONSENT BUSINESS 4. PUBLIC HEARING * 4.1 Case 01-08 Request for a 3' Variance from the 10' Side Yard Setback Requirement to Allow Construction of a House Expansion 7' From the Property Line, 5841 Cavell Avenue North, Tim Preimesberger, Petitioner * 4.2 Case 01-05 Request for Site Plan Review of a New 5,400 Square Foot Retail Building, 3601 Winnetka Avenue North, AutoZone, Inc., Petitioner 5. COMMITTEE REPORTS 5.1 Report of Design & Review Committee - Meeting June 14, 8 a.m. (if needed) 5.2 Report of Codes & Standards Committee 6. OLD BUSINESS 6.1 Miscellaneous Issues 6.2 Livable Communities Grant Update 7. NEW BUSINESS 7.1 Review/Approval of Planning Commission Minutes of May 1,2001 7.2 Review of City Council Minutes of April 23 and May 14, 2001 7.3 Follow-up to Council/Commissions Meeting - Discuss Distribution of Council Minutes, Miscellaneous Issues, Etc. 7.4 July Meeting Date (if necessary) 8. ANNOUNCEMENTS 8.1 Community Development/Park & Rec Tour - June 18, 5 p.m. 9. ADJOURNMENT - Petitioners are required to be in attendance Planning Commission Guidelines for Public Input The Planning Commission is an advisory body, created to advise the City Council on land use. The Planning Commission will recommend Council approval or denial of a land use proposal based upon the Planning Commission's determination of whether the proposed use is permitted under the Zoning Code and the Comprehensive Plan, and whether the proposed use will,~ or will not, adversely affect the surrounding neighborhood. The Planning Commission holds informal public hearings on land use proposals to enable you to learn, first-hand, what such proposals are, and to permit you to ask questions and offer comments. Your questions and comments become part of the record and will be used by the Council, along with the Planning Commission's recommendation, in reaching its decision. To aid in your understanding and to facilitate your comments and questions, the Planning Commission will utilize the following procedure: 1. The Planning Commission Chair will introduce the proposal. 2. City staff will outline the proposal and staff's recommendations and answer any questions from the Planning Commission. 3. The petitioner is iqvited to describe the proposal, make comments on the staff report, and answer questions from the Planning Commission. 4. The Chair will open the public hearing, asking first for those who wish to speak to so indicate by raising their hands. The Chair may set a time limit for individual questions/comments if a large number of persons have indicated a desire to speak. Spokespersons for groups will have a longer period of time for questions/comments. 5. When recognized by the Chair, the person wishing to speak is asked to come forward and to give their full name and address clearly. Remember, your questions/comments are for the record. 6. Direct your questions/comments to the Chair. The Chair will determine who will answer your questions. 7. No one will be given the opportunity to speak a second time until everyone has had the opportunity to speak initially. Please limit your second presentation to new information, not rebuttal. 8. At the close of the public hearing, the Planning Commission will discuss the proposal and take appropriate action. A. 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 next regular meeting. Usually this meeting is within one to two weeks of the Planning Commission meeting. B. If the Planning Commission tables the request, the petitioner will be asked to return for the next Commission meeting. PLANNING CASE REPORT City of New Hope Meeting Date: June 5, 2001 Report Date: June 1, 2001 Planning Case: 01-08 Petitioner: Tim Preimesberger Address: 5841 Cavell Avenue North Request: Side Yard Variance I. Request The petitioner is requesting a three-foot variance from the ten-foot side yard setback requirement to allow construction of a 620 square foot house expansion seven feet from the property line, pursuant to Sections 4.056(4) and 4.36 of the New Hope Code of Ordinances. I1. Zoning Code References Section 4.056 Lot Requirements, Building Heights, and Setbacks Section 4.36 Variance II1. Property Specifications Zoning: R-l, Single Family Residential Location: On the west side of Cavell Avenue north of Bass Lake Road Adjacent Land Uses: All R-1 single family properties surrounding the site Site Area: 11,811 square feet (.27 acres), pie-shaped with 113' of frontage by 128' deep (narrowing to 73' at rear) Building Area: Existing house = 864 square feet + Proposed Addition = 850 square feet = 1,514 square feet (main floor) Existing garage = 528 square feet Lot Area Ratios: Building = 17 percent Green Area = 72 percent Driveway = 11 percent Planning District: No. 1; The Comprehensive Plan indicates the Iow density single family neighborhoods in this district are in good to excellent condition. The City will continue to strongly promote private reinvestment in this housing stock to maintain and enhance the residential land uses. Specific Information: No as-built survey has been provided. Site Plan is estimated. IV. Background The applicant is requesting a three-foot side yard setback variance to allow the construction of a 620 square foot expansion to his existing single family home. The subject property is located at 5841 Cavell Avenue and is zoned R-l, Single Family Residential. According to the Zoning Ordinance, principal structures in the R-1 District are required to provide a 10- foot side yard setback along interior property lines. As planned, the applicant's proposed addition would encroach three feet into the required side yard setback. Planning Case Report 01-08 Page 1 6/1/01 The lot, home, detached garage and neighborhood are all typical 1960 construction and in good condition. The pie-shaped lot creates one problem for the rear expansion floor plan that the homeowner is determined to build. No apparent drainage problem exists, or would be created by the expansion. V. Petitioner's Comments The petitioner submitted an initial narrative with the application, which included information on his family background and reasons for remaining in New Hope and remodeling his home. He stated in the narrative that his home is quite small at 916 square feet. The addition would bring that to about 1,500 square feet, which would be more comfortable for four people. The variance request is to allow me to add on to my house and cross over the 10-foot setback line by no more than three feet at the northwest corner of the foundation of the new addition. This would make the measurement between the property line to the north and the setback line seven feet. Because the house sits diagonally perpendicular to the property line, only the corner of the house would be seven feet from the property line. I have talked to Craig and Mary Jo Purkat (neighbors to the north) about my plans and they have not objected. I get along with my neighbors very well and we treat each other with great respect. Please consider this variance in my favor. The applicant also submitted an additional narrative by email subsequent to the Design & Review Committee meeting detailing the hardships applicable to the request and these are discussed further under the Zoning Code Criteria section of this report. VI. Notification Property owners within 350 feet of the property were notified. One neighboring property owner (on the south side) came to City Hall to review the plans and was all right with the proposal since the expansion was on the north side of the home. VII. Development Analysis A. Zoning Code Criteria - Variance The purpose of a variance is to permit relief from 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. The Code states that an application for variance shall not be approved unless a finding is made that failure to grant the variance will result in undue hardship on the applicant. The Zoning Code outlines seven criteria for the Planning Commission and City Council to weigh when considering a variance request. These criteria and staff's findings for each are outlined below: · A hardship may exist by reason of a physical condition unique to the property that results in exceptional difficulties when using the parcel or lot within the strict application of the terms of this Code. Physical hardships may include lot shape, narrowness, shallowness, slope, or topographic or similar conditions unique to the parcel or lot. Undue hardship also includes inadequate access to direct sunlight for solar energy systems. Economic conditions alone shall not constitute an undue hardship if reasonable use of the property exists under the terms of this Code. Finding: According to the applicant's site plan, they have an irregularly shaped lot. Because of the layout of the street, the subject property does not have right angles. This irregular shape, along with existing building condition, limits the amount of the property available for expansion of the existing home. This may be considered a hardship for variance. 2. The undue hardship is unique to the parcel or lot for which the variance is being sought and is not generally applicable to other properties within the same zoning district. Planning Case Report 01-08 Page 2 6/1/01 Finding: While this lot does have an irregular shape, this condition is not unique to this property. Other lots within the R-1 Distdct have similar configurations. If similar requests occur in the future, the City will treat them in a similar fashion. 3. The hardship or circumstances unique to the parcel or lot has not been created by the landowner or any previous owner. Finding: The irregular shaped lot hardship was created by the original developer of this subdivision. In an effort to minimize the effect of the irregularly shaped lot, the house was oriented to the adjacent street rather than the property lines. His positioning of the house made sense during the platting process but limits the amount of land for future expansion. 4. It will not alter the essential character of the locality. Findinq: Permitting this expansion will not alter the essential character of the neighborhood. In fact, it may encourage similar reinvestment in the surrounding properties and will be consistent with the policies of the Comprehensive Plan. 5. It will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety. Findinq: Granting this variance will not limit the supply of light or air to surrounding properties. In addition, it will not significantly increase traffic congestion or endanger public safety. 6. It is the minimum action required to eliminate the hardship. Findinq: While there are other design alternatives that could allow the applicant to expand their property, the Design & Review Committee found that this design most closely met the applicant's needs with the minimum required variance. 7. It does not involve a use which is not allowed within the respective zoning district. Findinq: Granting this variance will allow the expansion of the existing single family use. Single family homes are a permitted use within the R-1 District. The applicant states that the hardship is the original placement of the home on the lot, which does not set parallel with the property line, restricting an addition on the northwest side of the house. Other options for an addition were considered by the applicant, but were determined not to be adequate to meet the needs of the homeowner. Staff is in agreement that the shape of the property and placement of the house on the lot could be considered as hardships and similar variances of this nature have been-approved in the past (refer to "past variances granted" log). This plan also supports the reinvestment goals included in the Comprehensive Plan. The applicant has estimated that the addition and improvements will total approximately $80,000. Comprehensive Plan. According to the Development Framework and Policy Plan section of the Comprehensive Plan, the City wishes to encourage private reinvestment in single family residential units. Approving this variance request would be consistent with this policy. B. Development Review Team The Development Review Team discussed this project on May 16. The Team asked for three considerations: 1) Clarify if the entire home will have new roof trusses, including the existing. 2) Consider a wall shift or location shift of the addition that can be built on this lot without a variance or such a prominent roofline (created by a squarish building). 3) Relocate basement bedroom "escape windows" away from driving/walking surface or show the required 36-inch guardrail on front and one side of each. C. Design & Review Committee On May 17, the Design & Review Committee met with the petitioner to consider his request. In addition to the staff recommendations noted above, the Committee and the Planning Consultant Planning Case Report 01-08 Page 3 6/1/01 asked Mr. Preimesberger for a fourth consideration: Submit a narrative that clearly details what he feels is the "non-economic" hardship to justify the variance. Considerable time was spent discussing the lack of an as-built survey, with mixed feelings. D. Plan Description No revised plans were submitted, but a narrative was emailed on item #4. The applicant verbally confirmed that the answers to items #1 and 3 (new roof trusses and escape windows) are "Yes." The applicant stated that he considered item #2 (wall shift) and rejected the idea of changing the shape or location to avoid a variance. · The plans show that the rear addition will be located seven feet (at the closest point) from the north side yard property line, so a three-foot variance from the 10-foot setback requirement is necessary. · There would be a six-foot building separation between the house addition and garage. · There is a utility and drainage easement on the rear lot line, not the side lot line, so the proposed house addition would not encroach on a drainage and utility easement. · The neighboring property to the north, which will be most impacted by the addition, has a detached garage located on the south side of the property. Current surveys are not available for either property so the distances between the structures on either property are not known. · The entire house will be re-roofed with asphalt shingles and new vinyl siding, so the addition will match the house and garage. E. Planning ConsideratiOns Excerpts from the Planner's report have been incorporated into this report. F. Buildin.q Considerations Detailed construction plans must be submitted at time of building permit application demonstrating compliance with the MN State Building Code. The new home will need to meet most of the 2000 Energy Code standards. G. Engineering Considerations The City Engineer reviewed the plans and provided the following comments: · The plan shows the addition will be seven feet from the north property line. The neighbor's garage is also close to the same property line (according to the topo map). We should verify adequate setbacks/distance between the structures. · Runoff from the property drains to Cavell and the rear lot line. The property is higher than the properties to the west along Decatur. This addition will increase runoff. We need to verify that the increased runoff will not adversely affect the properties to the west. I will review the situation. VIII. Summary In reviewing this application, staff finds that there is evidence in favor of granting a three-foot side yard setback variance to allow the construction of a 650 square foot expansion to the single family home located at 5841 Cavell Avenue. Findings that support granting this variance include: 1. It is consistent with the Comprehensive Plan's policy to encourage private re-investment in single family homes. 2. The application meets most of the variance criteria outlined in Section 4.363 of the Zoning Code. 3. It ensures continued reasonable use of the property. Planning Case Report 01-08 Page 4 6/1/01 4. It improves both the individual home and the surrounding neighborhood. The proposal to make a major investment on a residential lot is good news from a community standpoint, if two things happen: Technical details must be worked out and a legal basis must exist for an exception to the normal side yard setback. The petitioner has agreed to solve the technical details and has offered his thoughts on a "hardship," which hint at the irregular lot shape. Interestingly enough, irregular lot shape is a classic example of a possible justification for a variance. Staff and the petitioner have considered a different shape and location for the expansion without a variance, because of actions by the original homebuilder to place the home oblique to the north lot line and at the minimum setback. The location of his existing garage complicates such a site plan change. Given, the pro-investment tenor of the 2000 Comprehensive Plan and the 2001 Zoning Code rewrite, reducing setbacks and performance standards of many kinds, this proposal is "in the ball park" and has generated no concern of neighbors, to date. Clearly, city staff is glad to have long-term residents who want to stay here and reinvest. The estimated setbacks are 10 feet today, and seven feet after expansion, which can be viewed as a "minor" deviation from the code. IX. Recommendation Staff recommends approval of the side yard setback to no less than seven feet from the lot line, subject to two conditions: 1. Submit an as-built survey of the lot within 14 days of building permit application. 2. Submit detailed construction plans at time of building permit application, before commencing any work. Attachments: AddresslZoninglTopolLocationlAerial Maps 5/31 Petitioner's Correspondence 5/11 Petitioner's Correspondence Site Plan Plan Details: First Floor Plan Basement Plan Elevations City Engineer Comments 5/30 Planner's Report Previous Variances Granted Log Application Log Planning Case Report 01-08 Page 5 6/1/01 $OTH AVE N 5964 5965 5956 5957 5956 5957 594,8 5949 5948 5949 5940 5941 5940 5941 ; ' 5932 5933 : 5924- 5925 5924 5925 5916 5917 5908 5909 5908 5909 5900 5901 5900 5901 5848 5857 5856 5857 5840 5849 58~2 ~ 5824 ~5825 8901 8801 8701 5700 I 5632 g 5600 RY ,"-' BROOKLYN P,~ ......... , I~N D AVTr.. N ~ ..... ...... ~ ................ . · ...... . _.. --,- .. '~ HOSTERMAN JR HIGH SCHOOL City of New Hope ATTACHMENT A Page 1 of 3 - Kirk Mcdonald - RE: 5841 Cavell Remodel From: "Preimesberger, Tim" <tpreimesberger~Carlson.com> To: Doug Sandstad <Dsandstad~ci.new-hope.nm.us> Date: 5/31/01 9:29 AM Subject: RE: 5841 Cavell Remodel CC: "Preimesberger, Tim" <tpreimesberger@Carlson. com>, '"Kirk Mcdonald'" <Kmcdonald@ci.new-hope.mn.us> Doug, per our phone conversation this morning I am sending you another source of agreement as follows: 1). Entire roof of dwelling will be replaced with truss rafters. 2). The house and garage will be shingled and new siding will be applied. 3). The existing and proposed egress windows will have the required 3' railing around two sides and an escape ladder will exist. 4). I am reluctant to redoing the floor plan to stay within the setback line because of the living space I will lose. Let me know if there is more needed. Thanks Tim Preimesberger Sr. Technical Analyst CSS Messaging Group Office 763.212.2826 Fax 763.212.1125 tpreimesberger@carlson.com ..... Original Message ..... From: Kirk Mcdonald Sent: Wednesday, May 30, 2001 1:23 PM To: tpreimesberger~Carlson.com Cc: Doug Sandstad Subject: RE: 5841 Cavell Remodel Thanks for the info., we will include in our reports. >>> "Preimesberger, Tim" <tpmimesberger~Carlson.com> 05/30/01 01:04PM >>> Hello Kirk, thanks for getting back to me. In the back of my mind I thought that I would bring the narrative with me to the meeting. I guess I would have been scrambling. The highlighted text below is my narrative. Please let me know if it is acceptable. My claim of undue hardship. Section 4.221 explains 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 o£ 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. It is in this Code that I make my claim of operating under Undue Hardship. Undue Hardship, as explained in section 4.221 (1), 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. My property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. Also, because my house was constructed on the setback line, and my house runs diagonally perpendicular to the property line, I am restricted from adding on to the northwest side of my home. If the original landowner would have had my home constructed parallel to the property line, I would not be asking for a variance. file://C:\WINDOWS\TEMP\GW} 00001 .HTM 5/31/01 Page 2 of 3 I am reluctant to change the proposed addition for a few reasons. 1). I originally provided plans to add on to the west side of my home the full width of the house. That was narrowed down by six feet because of restrictions connecting to my garage. 2). The expense to either move the garage or have frost footings put in, is beyond my budget. 3). To eliminate 3 feet on the northwest comer would mean I have had to reduce the original plan by 9 feet and accept an unwanted floor plan. I ask that you consider my request for a variance in this case as acceptable. Tim Preimesberger 5/30/01 Tim Preimesberger Sr. Technical Analyst CSS Messaging Group Office 763.212.2826 Fax 763.212.1125 tpreimesberger~carlson.com ..... Original Message ..... From: Kirk Mcdonald [_m_a_ilto_;__Kjn~ Og_n_al_d@_~i..,n.~:ho~g.mn.u_s3 Sent: Wednesday, May 30, 2001 11:07 AM To: tpreimesberger@Carlson.com Cc: Doug Sandstad; Pam Sylvester Subject: RE: 5841 Cavell Remodel Tim: It was my understanding from the Design & Review Committee mtg. that you were going to provide an additional narrative further describing the hardships for your variance, as they pertain to the Zoning Code. If you were going to submit additional information, it should have been turned in last Friday. We are currently in the process of preparing the final reports to go to the Planning Commission and City Council and they have to be completed by this Friday. If you plan on submitting any additional information, please get it to us ASAP. Thanks, Kirk McDonald >>> "Preimesberger, Tim" <tpreimesberger@Carlson.com> 05/24/01 09:25AM >>> You have the site plan and the floor plan. I'll stop by tomorrow and drop offthe detailed section view. I could fax it as well if you wouldn't mind looking it over. Do you think it would be better to fill out the building permit once the variance is approved? How about mechanical and electrical permits? Are those part of the building permit, or do I need to fill those out separate and turn in with building permit? Thanks Tim Preimesberger Sr. Technical Analyst CSS Messaging Group Office 763.212.2826 Fax 763.212.1125 tpreimesberger@carlson.com ..... Original Message ..... From: Doug Sandstad [~j~!~.o.;.~a_rcd~s.~j~new-hope.mn,us] Sent: Thursday, May 24, 2001 8:52 AM To: tpreimesberger~Carlson.com Cc: Kirk Mcdonald Subject: Re: 5841 Cavell Remodel Good Moming! All 1 need, after Council approval, is 3 sets of complete construction plans [ including a survey or site plan, floor plans and a detailed section view ], a building permit application and fee. Any City Council decision could include a condition or two. DOUG file://C:\WINDOWS\TEMP\GW} 00001 .HTM 5/31/01 Page 3 of 3 >>> "Preimesberger, Tim" <tpreimesberger~Carlson.com> 05/23/01 12:38PM >>> Doug, as you know I am scheduled to have a final hearing for approval of my variance on June 1 lth. Assuming that it is ok'd, I would like to know what steps I need to take today to line up for the actual start of construction. Ideally, I'd like to be prepared to start construction the day after the variance is approved. Is this expectation out of scope? Thanks Tim Preimesberger Sr. Technical Analyst CSS Messaging Group Office 763.212.2826 Fax 763.212.1125 tpreimesberger~carlson.com <~ma~ jJ._tg_~e_i ro_e...s_.b_er~:~.c_arl_s_Q_n_.,._c_o_.m_ > file://C:\WlNDOWS\TEMP\GW} 00001.HTM 5/31/01 To Whom It May Concern: My name is Tim Preimesberger and I am applying for a variance for an addition that I am planning this summer. I have lived in this 3 bedroom rambler at 5841 Cavell Ave. No. since 1984 with my wife and two children. My son lives at home, is working and has signed up for classes at Hennepin Tech College to finish his degree this fall. My daughter will be going to Cooper this fall to start 9th grade. My wife passed away on June 4th 1999 after a long battle with breast cancer. Recently, I proposed to Jean Stout to be my wife. She said yes to me and when we discussed about where we would live, I mentioned to her that it was very important to me for my children to maintain some stability in their life as they had experienced too much tragic change in the recent past. The illness and death of my wife Jackie and within 4 months, an illness and death of my younger sister had caused much disruption in our lives. I talked to her about how the neighborhood where I live is a very good one. The school system here is good as well. My children have developed close friends in the neighborhood and at school. They would be devastated if we were to move. My fianc~ has never been married nor does she have children but she is willing to move in with us. One of the things we talked about was remodeling my home to make it feel more like home for her. I am, and so are my children, in favor of remodeling. Currently, my house is quite small at 916 square feet. The addition would bring that to about 1500 square feet, which would be more comfortable for four people. The variance request I am applying for is to allow me to add on to my house and cross over the 10 foot setback line by no more than 3 feet at the Northwest corner of the foundation of the new addition. This would make the measurement between the property line to the North and the setback line 7 feet. Because the house sits diagonally perpendicular to the property line, only the corner of the house would be 7 feet from the property line. The rest of the house would be further away from the property line. I have talked to Craig and MaryJo Purkat (neighbors to the North) about my plans and they have not objected. I get along with my neighbors very well and we treat each other with great respect. Please consider this variance in my favor. Sincerely, Tim Preimesberger 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com PLANNING REPORT TO: Kirk McDonald FROM: Jason Lindahl/Alan Brixius DATE: May 30, 2001 RE: New Hope - Tim Preimesberger Side Yard Setback Variance FILE: '131.01 - 01.06 BACKGROUND The applicant, Mr. Preimesberger, is requesting a three-foot side yard setback variance to allow the construction of a 1,500 square foot expansion to his existing signal family home. The subject property is located at 5841 Cavell Avenue North and is zoned R-l, Single Family Residential. According to Section 4.056 (4) of the Zoning Ordinance, principal structures in the R-1 District are required to provide a ten (10) foot side yard setback along interior property lines. As planned, the applicant's proposed addition would encroach three (3) feet into the required side yard setback. Attached of reference: Attachment A: Site Location Map Attachment B: Site Plan dated May 11, 2001 Attachment C: Front and Site Elevation dated May 11, 2001 Attachment D: Rear and Side Elevation dated May 11, 2001 Attachment E: Main Floor Plan dated May 11, 2001 Attachment F: Basement Floor Plan dated May 11, 2001 Attachment G: Narrative from Applicant dated May 11,2001 ANALYSIS Comprehensive Plan. According to the Development Framework and Policy Plan section of the Comprehensive Plan, the City wishes to encourage private reinvestment in single family residential units. Approving this variance request would be consistent with this policy. Zoning. According to Section 4.361 of the Zoning Code, the purpose for a variance is to permit relief from the strict application of the terms of the Zoning Code to prevent undue hardship or mitigate undue non-economic hardship in the ~easonable use of a specific parcel of property and where circumstances are unique to the individual property under consideration, and granting of a variance is demonstrated to be in the spirit and intent of this Code. Section 4.363 of the Zoning Code outlines seven criteria for the Planning Commission and City Council to weigh when considering a variance request. These criteria and staff's findings for each are outlined below. 1. There is a physical condition unique to the property that results in exceptional difficulties when using the parcel or lot within the strict application of the terms of this Code. Finding: According to the applicant's site plan, they have an irregularly shaped lot. Because of the layout of the street, the subject property does not have right angles. This irregular shape, along with existing building condition, limits the amount of the property available for expansion of the existing home. This may be considered a hardship for variance. 2. The undue hardship is unique to the parcel or lot for which the variance is being sought and is not generally applicable to other properties within the same zoning district. Finding: While this lot does have an irregular shape, this condition is not unique to this property. Other lots within the R-1 District have similar configurations. If similar requests occur in the future, the City will treat them in a similar fashion. 3. The hardship or circumstance unique to the parcel or lot has not been created by the landowner or any previous owner. Finding: The irregular shaped lot hardship was created by the original property owner. In an effort to minimize the effect of the irregularly shaped lot, the house was oriented to the adjacent street rather than the property lines. This positioning of the house made sense during the platting process but limits the amount of land for future expansion. 2 4. It will not alter the essential character of the locality. Finding: Permitting this expansion will not alter the essential character of the neighborhood. In fact, it may encourage similar reinvestment in the surrounding properties and will be consistent with the policies of the Comprehensive Plan. 5. It will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety. Finding: Granting this variance will not limit the supply of light or air to surrounding properties. In addition, it will not significantly increase traffic congestion or endanger public safety. 6. It is the minimum action required to eliminate the hardship. Finding: While there are other design alternatives that could allow the applicant to expand their property, the Design Review Committee found that this design most closely met the applicant's needs with the minimum required variance. 7. It does not involve a use which is not allowed within the respective zoning district. Finding: Granting this variance will allow the expansion of the an existing single family use. Single family homes are a permitted use within the R-1 District. RECOMMENDATION In reviewing this application, staff finds that there is evidence both in favor and against granting a three foot side yard setback variance to allowthe construction of a 1,500 square foot expansion to the single family home located at 5841 Cavell Avenue. Findings that support granting this variance include: 1. It is consistent with the Comprehensive Plan's policy to encourage private investment in single family home. 2. The application meets most of the variance criteria outlined in Section 4.363 of the Zoning Code. 3. It ensures continued reasonable use of the property. 4. It improves both the individual home and the surrounding neighborhood. Should the Planning Commission agree with these findings, then they should approve this request. Should they disagree with these findings, they should support their recommendation with findings of fact during the meeting. pc: Doug Sandstad Steve Sondrall Vince Vandertop Tim Preimesberger 4 Page 1 of 2 Kirk Mcdonald - FW: Design Review Meetings From: "Vander Top, Vince T" <wandertop~bonestroo.com> To: "Kirk McDonald (E-mail)" <kmcdonald~ci.new-hope.mn.us> Date: 5/30/01 4:09 PM Subject: FW: Design Review Meetings Kirk, We sent the following comments on May 14 regarding AutoZone and 5841 Cavell. All of the comments are still applicable with the following updates: AutoZone * We still need a pond maintenance agreement. Steve is typing up the agreement. It will be emailed to CEI for the applicant's approval. This will hopefully occur this week. * I still need to see storm water calculations. Please let me know if you have questions regarding this information. Vince > .....Ori > From: Top, Vince T > Sent: May 14, 2001 8:20 AM > To: Kirk Mc; (E-mail); Doug Sandstad > Cc: Hanson > Subject: Design > > Kirk & Doug, > > We received the info Auto Zone and Cavell - residential addition. > > It appears that to be at the meeting > Wednesday morning. ; meeting. We can > discuss attendance further meeting tomorrow morning. > > Auto Zone comments - Dou I have worked through most of the comments > previously. It appears ~,omments have been addressed. > In addition, please see the ] > > * They will still need ~ tits from Hennepin County for access > and utilit' of these permits prior to > construction, approve the access permit to > Winnetka as we ; from two innetka access to one. The one closest > to the being removed, e scenario is occurring on 36th > Ave. > * We should calcs. Pleasenote > that the pon( smaller than before. It to be adequate, > however. > * It appears mat 1 parking lot wm t>e~oncrete. It also > appears ~/iat the typical concrete section include~nly 4 inches of > compaCed aggregate subgrade. This seems "light'~for New Hope's heavy > soils. ,/Their detail references a soils report. They n~y want to review > thisjafid increase the aggregate thickness to protect th~ life of the > congrete. > * Their typical detail shows surmountable or roll over curb and > gutter. We would prefer B612 curb and gutter. 5841 Cavell > * The plan shows the addition will be 7 feet from the north property > line. The neighbors garage is also close to the same property line ,.. > (according to the topo map). We should verify adequate setbacks/distance > between the structures. > * Runoff from the property drains to Cavell and the rear lot line. > The property is higher than the properties to the west along Decatur. ./ > This addition will increase runoff. We need to verify that the increased // > runoff w/ll affect the I will not adversely the properties to west. ',,,~ > review the situation this morning. I have a meeting at Sunny Hollowat ~.~ file://C :\WINDOWS\TEMP\GW} 00001 .HTM 6/1/01 ALL VARIANCE REQUESTS -- 1980 - 2000 1 00-15 Side yard setback (5') Approved PC: Unanimous Remove existing garage. Abide by grading and drainage Timothy & Arnetta Glum Request: 2' variance Cc: Unanimous issues. Install gutters & downspout. Exterior materials to 5307 Pennsylvania Avenue Request to allow construction of an attached 2-car garage match house. Taper driveway to street. extending 2' into the side yard setback. 99-13 ~/ Frontyard setback (30') Approved PC: Unanimous Bob & Janet White ~ Request: 6' variance Cc: Unanimous 8948 Northwood Parkway ! ~ Request to allow construction of a house expansion extending 6' into the front yard setback. 98-22 Request: A/C in side yard Approved PC: Unanimous Adequate screening to be provided Duane & Mary Jo Russ Request to move new NC unit from rear yard to side yard cc: 4 for 9209 40 ¼ Avenue 1 against 98-20 Side yard setback (5') Approved PC: Unanimous Building materials to match existing. Richard & Liane Shive Request: 2' variance cc: Unanimous Work out drainage issues with neighbor. 8489 N. Meadow Lake Road Request to allow construction of an attached garage extending 2' into side yard. 97-21 Code allows 1 curb cut per residential property Approved PC: Unanimous Comply with boulevard standards. Patrick & Carol Benolkin Request: to allow 2"d driveway/curb cut cc: Unanimous Materials for driveway extension to match existing. 2865 Quebec Avenue Request to allow a 2"~ driveway on a corner lot (1 curb cut each street) 97-17 Request: AJC in side yard Approved PC: Unanimous Todd & Joan Lewis Request to allow NC to remain in side yard after it was cc: Unanimous 4617 Del Drive installed by contractor, at petitioner's request. 97-09 Code allows I garage and 1 accessory building PC Denied PC: 1 for Elmer Geislinger Request: 2 garages on one property CC Approved 6 against 5933 Boone Avenue In 1981 owners built a detached garage with the intent to cc: Unanimous convert attached garage into living space, which was never done. Now want a variance for 2 garages. 96-34 Rear yard setback (35') Approved PC: Unanimous Building materials to match existing. Michael & Pamela Terres Request: 24' variance cc: Unanimous Better roof design. 3809 Xylon Avenue Request expand a non-conforming structure (existing screened to 4-season porch) into the rear yard, which would extend 24' into the rear yard. 96-30 Rear yard setback (35') Approved PC: Unanimous Building materials to match existing. Richard & Patricia Bruins Request: 10' variance cc: Unanimous 7251 40~h Avenue Request to construct a garage addition extending 10' into rear yard. 96-29 Side yard setback (5') Approved PC: Unanimous 10' x 16' Building materials to match existing. Jon Arnoldy Request: 7' variance CC: Unanimous 12' x 16' (Council granted larger variance than PC recommended) 3532 Ensign Avenue Request to construct a 12'x 13' addition onto the garage along with living space above the garage, extending 7' into the side yard. ALL VARIANCE REQUESTS --- 1980 - 2000 2 96-28 Side yard setback (5') Approved PC: 6 for Building materials & roof pitch to match existing. Per CC Doug Norwick Request: 1' variance I against dimensions to be 26' x 30'. 4057 Boone Avenue Request to demolish detached 1-car garage and construct an 2 absent attached 2-car garage, extending 1' into the side yard. CC: unanimous 96-18 Side yard setback (5') Approved PC: unanimous Building materials to match existing. Leona Bigelow Request: 2' variance CC: unanimous 3840 Gettysburg Avenue Request to construct an addition onto existing garage, extending 2' into side yard setback. 96-16 Rear yard setback (35') Approved PC:unanimous Consideration given to roof pitch matching house. Clifford Miller Request: 9' variance CC: unanimous 4076 Ensign Avenue Request to construct sun room at rear of house, extending 9' into rear yard setback. 94-28 Rear yard setback (35') Approved PC: unanimous Roof & building materials to match existing structure. Robert Funk Request: 6' variance CC: 4 for Additional shrubs to be planted along addition and shutter 4052 Cavell Avenue Request to construct garage addition onto existing, extending I against to be installed on south windows to match house. 6' into the rear yard setback. 94-12 Variance to allow NC unit in side yard. Approved PC: unanimous Donald Ruch & Harold Teigen CC: unanimous 3352 Boone Circle 94-07 Variance to allow A/C unit in side yard. PC -approved PC: unanimous Acoustical barrier to be installed. Fence to be extended to Michael Stiegler CC - tabled & then CC: accept withdrawal front of garage and additional plantings. 3432 Ensign Avenue withdrawn 93-34 Rear yard setback (35') Approved PC: unanimous Richard Kleinbaum Request: 7' variance CC: unanimous 8309 Nodhwood Parkway Request to construct porch on rear of home, extending 7' into the rear yard setback. 93-29 Rear yard setback (35') Approved PC: unanimous Submit revised plans showing gable roof & asphalt Kuo Moy Request: 10, variance CC: unanimous shingles rather than shed-type fiberglass roof as 7608 48~h Circle Request to construct a porch on rear of house, extending 10' previously submitted. into rear yard setback. 93-24 Rear yard setback (35') Approved PC: 5 for Roof & building materials to match existing structure. Bill Kranz/David Pomije Request: 16' variance I abstain Neighbor's properly be restored after construction 3233 Gettysburg Ct. Request to construct a bedroom/bath at rear of house, CC: unanimous completed (trucks driving over property). extending 16' into rear yard setback. 93-21 Rear yard setback (35') Approved PC: unanimous Porch design & materials to blend/match with existing Michael Banker Request: 5' variance CC: unanimous structure. 3501 Xylon Avenue Request to construct a porch on the rear of the house, which extends 5' into the rear yard setback. 93-20 Variance from the driveway parking area setback Approved PC: unanimous James & Verie Fackler requirement and widen driveway 2' into the 3' driveway CC: unanimous 4301 Nevada Avenue setback. ALL VARIANCE REQUESTS --- 1980 - 2000 93-18 Rear yard setback (35') Approved PC: unanimous Roof & building materials to match existing structure. Virginia McDurmott Request: 7' variance CC: unanimous 4058 Ensign Avenue Request to construct a 3-season porch, which extends 7' into the rear yard setback. 92-36 Variance for non-conforming structure, Approved PC: 6 for Roof & building materials to match existing structure. Ellen Jordano Request to construct porch at rear of house, leaving 19' to 1 not voting 3501 Virginia Avenue property line. CC: unanimous 92-33 Rear yard setback (35') Approved PC: 7 for Roof & building materials to match existing structure. Michael & Arlene Reich Request: 10.5' variance 1 abstain 2724 Aquila Avenue Request to construct 4-season porch on rear of house, which CC: unanimous extends 10.5' into rear yard setback. 92-32 Variance to add onto non-conforming structure and rear Approved PC: unanimous Roof & building materials to match existing structure. Jack & Annette Nabedrick yard setback variance of 20'. CC: unanimous 9009 42"d Avenue 92-31 Side yard variance (5') Approved PC: 6 for Roof & building materials to match existing structure. Roger Griggs Request: 1.8' variance 1 excused 5313 Pennsylvania Avenue Request to construct garage on side of house, which extends CC: unanimous 1.8' into side yard setback. 92-28 Rear yard setback (35') Approved PC: unanimous Roof & building materials to match existing structure. Duane Hoff Request: 8' variance CC: unanimous Submit "as built" survey. 4164 Ensign Avenue Request to construct a 3-season porch onto rear of house, which extends 8' into rear yard setback. 92-21 Front yard setback (50' on Boone Avenue) Tabled to look at PC: unanimous Harry Wong Request: 20' variance other plans .... 2800 Boone Avenue Request to convert existing garage to living area and build Withdrawn new garage, extending 20' into front yard setback. 92-14 Variance to allow A/C unit in side yard. Approved PC: unanimous Fence or screening remain in place as long as A/C in John Leigh CC: unanimous yard. 8401 Hopewood Lane 92-07 Variance to expand non-conforming structure (add more Withdraw until PC: unanimous Craig Hall garage space) and a 28' variance from rear yard setback of survey can be 3910 Boone Avenue 35'. (corner lot) completed 92-02 Rear yard setback (35') Approved PC: unanimous Submit revised elevation drawings Michael & Theresa Gray Request: 13' variance CC: unanimous Submit "as built" survey 3433 Gettysburg Request to construct 3-season porch to rear of house, which extends 13' into rear yard setback. 91-36 Variance to allow utility shed to remain in drainage/utility Tabled Petitioner will move shed LD Kramer easement. Withdrawn 4764 Erickson Drive ALL VARIANCE REQUESTS--- 1980- 2000 4 91-35 Rear yard setback (35') Approved PC: unanimous Roof & building materials to match existing structure. Robed Lindell Request: 19' variance CC: unanimous 4741 Boone Avenue Request to add a 3-season porch to rear of house, which extends 19' into rear yard setback. 91-27 Rear yard setback (35') Approved PC: unanimous Roof & building materials to match existing structure. Robed Natzel Request: 13' variance CC: unanimous 7621 48th Circle Request to construct addition to rear of house, which extends 13' into rear yard setback. 91-19 Off-street parking in side yard setback 3' Approved PC: unanimous Any drainage problems that arise to be solved by Gary & Carol Johnson Request: 2' variance CC: unanimous petitioner. 3948 Oregon Avenue Request to pave driveway within 1' from properly line. 91-18 Rear yard setback (35') Approved PC: unanimous Roof & building materials to match existing structure. Steven & Kathleen Anderson Request: 15' variance CC: unanimous 3820 Boone Avenue Request to construct 4-season porch, which extends 15' into the rear yard setback. 91-16 Variance to place A/C unit in side yard. Approved PC: unanimous Additional landscaping Lyle Sandstrom CC: unanimous 2748 Ensign Avenue 90-21 Rear yard setback (35') Approved PC: unanimous Roof & building materials to match existing structure. John Degnan Request: 4' variance CC: unanimous 5206 Quebec Avenue Request to add onto the existing home a family room and. attached double garage (existing detached garage to be removed), which would extend 4' into rear yard setback. 90-19 Variance to allow expansion of non-conforming structure Approved PC: unanimous Roof & building materials to match existing structure. Charles Kyllonon for 3-season porch & deck, which extends 9' into the rear yard CC: unanimous 4825 Aquila Avenue setback. 90-18 Rear yard setback (35') Approved PC: unanimous Roof & building materials to match existing structure. James & Marlene Bukstein Request: $' variance CC: unanimous 3224 Ensign Ct. Request to construct a family room at the back of the house, which extends 5' into the rear yard setback. 90-14 Variance to add garage addition onto non-conforming Approved PC: unanimous Roof & building materials to match existing structure. Daniel Riser structure & 14' variance from front yard setback (50' on CC: unanimous 3421 Yukon Avenue Boone) 90-13 Rear yard setback (35') Approved PC: unanimous Roof & building materials to match existing structure. Sandra Wieland Request: 7' variance CC: unanimous 3541 Virginia Avenue Request to enclose a podion of the deck to make a 3-season porch, which encroaches 7' into the rear yard setback. 90-06 Variance to allow A/C unit in side yard Approved PC: 4 for Screening to remain in place . John Hansen 2 against 8009 40th Avenue CC: unanimous 89-14 Variance Io expand non-conforming structure and 5' side Approved PC: no minutes in file House is stucco Donald Lee yard (35') variance CC: unanimous Porch will be prefabricated 7901 60th Avenue Request to construct screened porch. 89-13 Variance to allow A/C unit in side yard. Approved PC: unanimous Provide adequate screening James Swedberg CC: unanimous 9317 Northwood parkway 89-01 Front yard setback (30') Denied PC: 5 for Jerome Rath Request: 3' variance 2 against 3464 Ensign Avenue Request to add additional garage space extending 3' into front CC: 2 for yard setback and add a family room to the back side of the 1 against garage. 88-29 Rear yard setback (35') Approved PC: unanimous Roof & building materials to match existing structure. Mary Lee Rich Request: 11' variance CC: unanimous 9117 34Ih Avenue Request to construct a deck off the rear of the house, extending 11' into the rear yard setback. 88-25 Front yard setback (30') PC - Denied PC: unanimous Changed plans so no variance needed Marlys & Glenn Joly Request: 4' variance Withdrawn before CC: unanimous - accepted 4417 Decatur Avenue Request to convert existing garage to family room and build a CC meeting withdrawal new garage to the front, which would extend 4' into front yard setback, 88-22 Rear yard setback (35') PC - Denied PC: unanimous deny Roof & building materials to match existing structure. Kenneth Kline Request: 5' variance CC - Approved CC: unanimous approve PC - denied because felt petitioner could build smaller 3551 Wisconsin Avenue Request to construct a screened porch, which would extend 5' not need a variance. into the rear yard setback. 88-18 Variance to expand a non-conforming structure, which Approved PC: unanimous Roof & building materials to match existing structure. John & Louise Young would be 16' from the side/rear property line. CC: unanimous 3341 Flag Avenue 88-13 Side yard (20' corner lot) & front yard (35') setback Approved PC: 5 for Roof & building materials to match existing structure. Daniel & Barbara Nordberg Request: 5' side & 12' front variances 1 abstain 3243 Flag Avenue Request to expand garage on non-conforming structure. CC: unanimous 88-11 Side yard setback (5') PC - Approved 1' pC: unanimous Roof & building materials to match existing structure. James & Sandra Larson Request: 2' variance CC - Approved 2' CC: 3 for 5908 Boone Avenue Request to add onto garage, which would extend 2' into side 1 against yard setback, 88-02 ~/ Side yard setback (35' across from industrial, along 49'n Approved PC: unanimous New Community Builders ~ 'Avenue) CC: unanimous 4884 Erickson Drive ~ Request: 1' variance Request to build new home 1' into side yard setback. 87-38 Variance to add onto non-conforming structure. Approved PC: unanimous Roof & building materials to match existing structure. Ronald & Billie Potter CC: unanimous Submit lot survey 3930 Boone Avenue New structure cannot encroach into 10' side yard. ALL VARIANCE REQUESTS --- 1980 - 2000 6 87-36 Variance to allow 2 garages on I property. Present garage Approved PC: unanimous Gordon Schwichtenberg to be turned into carport (considered garage). CC: unanimous 5406 Utah Avenue 87-27 Variance to allow 2"d driveway on corner lot. PC - Denied PC: unanimous Bruce & Marsha Pinney CC - Approved CC: unanimous 5436 Rhode Island Avenue 87-21 Variance to allow A/C unit to remain in side yard. PC - Denial PC'. 4 for denial Plant additional shrubs around unit James & Roberta Casey No permit obtained when installed - discovered 2 years later CC - Approved 1 against 4617 Nevada Avenue that a permit was needed. CC: unanimous approved 87-18 Front yard setback (30') Approved PC: 6 for Shingles to match house. William Asplund Request: 4' variance I against 4948 Wisconsin Avenue Request to construct an open porch (no walls) on the front of CC: unanimous the home, with overhang extending 4' into front yard setback. 87-17 Rear yard setback (35') Withdrew - PC did James & Barbara Crandall Request: 17' variance not like large 9120 61st Circle Request to construct an addition to back of house, which variance. would extend into the rear yard leaving 18' to rear property line. House was built 28' from rear property line. 87-15 Front yard setback (30') Approved PC: unanimous Roof & building materials to match existing structure. James & Judy Larson Request: 5' variance CC: unanimous 5833 Meadow Lk. Rd. Request to construct entryway at front of house, extending 5' into front yard setback. Front of house was built 30' front street. 87-14 Variance to allow NC unit in side yard. Approved PC: 7 for Unit to be screened from view. Sally Kolian I against 3231 Flag Ct. CC: unanimous 86-32 Rear yard setback (35') Approved in 1975 Not on agendas Clifford Popp Request: 11' variance and no action 8300 33rd Avenue Request to add onto garage, needed now 86-30 Front yard (30') & side yard (5') setback PC approved 1' PC: 1 for Roof & building materials to match existing structure. James & Susan Carlson Request: 6' front & 1' side variance side & 4' front. 3 against 4673 Ensign Avenue Request to add 6' to front of garage and onto the side of CC approved 1' 2 abstain garage, which would extend 1' into side yard setback, side and denied CC: unanimous any front. 86-15 Front yard setback (30') Approved PC: unanimous Roof & building materials to match existing structure. David Hanson Request: 4' variance CC: unanimous 8119 59th Avenue Request to add onto garage (non-conforming corner lot), which extends 4' into front yard setback. 86~14 Variance to construct a carport in rear yard on corner lot Approved PC: unanimous PC said to enclose by end of year. Delmar Lindberg leaving only 7'3" to property line. CC: unanimous CC said no outside storage if not enclosed. If home sold, 5904 Aquila Avenue structure to be removed. ALL VARIANCE REQUESTS--- 1980- 2000 86-11 Rear yard setback (35') Approved PC: unanimous Roof & building materials to match existing structure. William Lyman Request: 10' variance CC: unanimous 3332 Ensign Avenue Request to construct a 3-season porch at back of house, which will extend 10' into rear yard setback. 86-10 Rear yard setback (35') Approved PC: unanimous Roof & building materials to match existing structure. Jeffrey & Jane Rudy Request: 20' variance CC: unanimous 8260 Del Drive Request to add onto garage in rear yard (this is another non- conforming corner lot), which would extend to within 15' of the rear lot line. 86-09 Variance for 2"" driveway Approved PC: 2 for Robed Busch 1 against 5605 Wisconsin Avenue 4 abstain CC: unanimous 85-28 Variance to place A/C unit in side yard. Approved PC: unanimous Jerome Unger There are several shrubs around it. CC: unanimous 3018 Ind, el)endence Circle 85-24 Rear yard setback (35') Approved PC: 4 for Roof & building materials to match existing structure. John Haight, Jr. Request: 15' variance 2 against 9016 44t~ Circle Request to replace deck with screened porch at rear of CC: unanimous house. House already infringes 3' into rear yard. 85-20 V.~ Side yard setback (10') Approved PC: 4 for Roof & building materials to match existing structure. Richard & Donna Kranz Request: 5' variance 1 against Drainage not adversely impact neighbors. 3240 Ensign Ct. ~ Request to add a family room to existing home with CC: unanimous Lot survey be consistent. basement, which would extend 5' into the side yard setback. 85~15 Variance to place AJC unit in side yard. Neighbor's garage Approved PC: 3 for Additional shrubs to screen unit. Donald & Kathryn Moorehead abuts property. 2 against 9232 40 ¼ Avenue CC: unanimous 85-10 Side yard setback (5') Approved PC: unanimous Roof & building materials to match existing structure. Patrick O'Meara Request: 2' variance CC: unanimous Extend chain link fence between houses. 8200 39th Avenue Request to add bedroom above garage, which would extend 2' into the side yard. 85-04 Variance to put AJC unit in side yard as house is on a hill Approved PC: unanimous Provide additional buffer between houses Edward Dooley and there is no rear yard to install it. CC: unanimous 5910 Xylon Avenue 85-02 ~./_.. Side yard setback (10') Approved PC: unanimous Roof & building materials to match existing structure. Gregory Davis ' Request: 3' variance CC: unanimous 7308 39th Avenue~ Request to add onto existing home 84-29 Rear yard setback (35') Approved PC: 6 for Roof & building materials to match existing structure, Soren & Gale Shamblott Request: 7' variance I abstain 8701 32nd Avenue Request to construct a vestibule to rear of existing house. CC: unanimous ALL VARIANCE REQUESTS --- 1980 - 2000 8 84-24 Side yard setback (20' corner lot) Approved PC: unanimous Roof & building materials to match existing structure. Alvie Carey Request: 3' variance CC: unanimous 4052 Decatur Avenue Request to add onto existing garage, which would extend 3' into side yard (corner lot) setback. 84-13 Rear yard setback (35') Approved PC: unanimous Roof gabled & building materials to match existing Harlan Sandberg Request: 27 %' variance CC: unanimous structure. 9008 40 % Avenue Request to no less than 7 1/2' from property line as house already encroaches into setback. Request is for an enclosed porch 84-11 Side yard setback (5') PC - approved 1' PC: 1' unanimous Roof & building materials to match existing structure. James Wiczek Request: 2' variance CC - approved 2' CC: 2' unanimous 4104 Oregon Avenue Request to add a 2-story addition, including tuck-under garage and living area above. 84-08 Side yard setback (10') Approved PC: unanimous Roof & building materials to match existing structure. Richard & Patricia Bruins Request: 4' variance 6/5/84 - PC CC: unanimous 7251 40th Avenue Request to construct a screened porch at rear of house which 6/11/84 - CC ~s technically the side yard and would extend 4' into side yard. 84-05 Rear yard setback (35') Approved variance PC: 7 for Family room roof & building materials to match existing ~)avid & Linda Jones Request: 3'2" variance for family room 8, variance for 3- for family room. 1 abstain structure. 4410 Independence Avenue season porch to enclose pool. Denied variance CC: unanimous Withdrew part of request to enclose swimming pool. for 3-season porch 84-03 Rear yard setback (35') Approved PC: 5 for Roof & building materials to match existing structure. Terry Hebig Request: 15' variance 1 against 7750 47 % Place Request to add a 2-story addition to the rear of the house, CC: unanimous which would extend 15' into the rear yard. 83-60 Rear yard (35') setback Approved PC: unanimous Roof & building materials to match existing structure. Michael & JoEIlen Ostrow Request: 9' variance CC: unanimous 3233 Gettysburg Ct. Request to construct family room to rear of house, which extends 9' into setback: 83-59 Rear yard {35') setback Approved PC: unanimous Roof & building materials to match existing structure. Ole & Karen Johnson Request: 7' variance CC: unanimous Approval of fence by Inspections Dept. 8108 28th Avenue Request to construct 3-season porch on rear of house, which Lot survey extends 7' into setback. 83-55 Side yard setback (5') Approved PC: unanimous Roof & building materials to match existing structure. P.O. Dotson Request: I t/2' variance CC: unanimous 2701 Quebec Avenue Request to add onto garage, which would extend 1 W into setback. 83-54 Front yard (30') & rear yard (35') setbacks Approved PC: unanimous Will be installing new siding and roof will match existing. Randy Elam Request: 5 %' front yard & 4' rear yard variance CC: unanimous 3227 Flag Ct. Request to add onto front of garage in front yard, which would extend 5 %' into setback & add an addition to rear of house which would extend 4' into the rear yard setback 83-52 Rear yard setback (35') Approved PC: unanimous Roof & building materials to match existing structure. Roger Fechner Request: 14' variance CC: unanimous 4700 Independence Avenue Request to add onto existing house, which would extend 21' into the rear yard. 83-51 Variance for A/C unit in side yard Denied PC: unanimous Petitioner & contractor knew when getting permit not Thomas Engelke CC: unanimous place in side yard. 5832 W. Meadow Lake Rd 83-50 Rear yard setback (35') Approved PC: unanimous Roof & building materials to match existing structure. Leroy & colleen Lilly Request: 20' variance CC: unanimous 9140 34 '~ Avenue Request to construct a 3-season porch to the rear of the house, which would extend 20' into the setback. 83-48 Side yard setback (5') Approved PC: unanimous Roof & building materials to match existing structure. Joseph Forrer Request: 3' variance CC: unanimous Structure should be only 20' so overhang is 2' from lot 4633 Rhode Island Avenue Request to add onto garage, which would extend 3' into line. setback. 83-44 Rear yard setback (35') Approved PC: unanimous Roof & building materials to match existing structure. Donald & Judy Hoseth Request: 21' variance CC: unanimous 3641 Boone Circle Request to construct an enclosed porch 14' from the rear yard property line. Back of property abuts an outlot. 83-41 Variance to keep A/C unit in side yard PC motion failed PC: 3 for Steven & Julie Van Viler CC approved 4 against 4048 Jordan Avenue CC: unanimous 83-35 Side yard (10') & rear yard (35) setback Approved PC no minutes in files Roof & building materials to match existing structure. Charles & Phyllis Horton Request: 2' side & 3' rear yard variance CC: unanimous Remove existing shed. 3204 Gettysburg Request to add 3-season porch to rear of house, which extends 2' into the side yard and 3' to rear yard. 83-30 Side yard variance (5') Approved PC: unanimous 2'3" variance, move shed at back of property, take out Joseph Buslovich Request: 2,9,, variance CC: unanimous 1'1 . of sidewalk, take care of water problem, work to be 3530 Yukon Avenue Variance was granted 3' variance in 1980, after survey by done in 30 days. neighbor, he should have requested 2'3" variance as the sidewalk and a shed are located on neighbor's properly. 83-26 Side yard variance (10') and front yard variance (30') Approved PC: unanimous Roof & building materials to match existing structure. Larry & Carol Adams Request: 5' side & 5' front CC: unanimous 5200 Oregon Avenue Request to construct double garage. 83-24 Variance for 2"d driveway on corner lot PC - denied. PC: 5 for denial Richard VanHeel CC - withdrawn 2 abstain 6020 Ensign Avenue CC: 3 for 1 against "'83-23 Rear yard setback (35') Approved PC: unanimous Roof & building materials to match existing structure. Raymond Dionne Request: 5' variance CC: unanimous 8412 58th Avenue Request to construct an addition to rear of house, which extends 5' into setback. ALL VARIANCE REQUESTS --~ 1980 - 2000 10 83-22 Front yard setback (30') Approved PC: unanimous Roof & building materials to match existing structure. Roland Engtund Request: 5' variance CC: unanimous 8408 E. Meadow Lake Road Request to add onto existing dining room by extending out 4' to the front and add a bay window which adds 18" more. 83-18 Rear yard setback (35') Approved PC: unanimous Roof & building materials to match existing structure. Roy Beaverlander Request: 8' variance CC: unanimous 6132 Gettysburg Avenue Request Io add a dining room to existing house, which would extend 8' into the rear yard. 83-09 Side yard setback (10') Approved PC: unanimous Roof & building materials to match existing structure. Thomas Gagnon '~j Request: 4.25' variance with overhang 2.25' from CC: unanimous 6025 Sumter Place~ propertyline. Request to construct and addition onto existing home. Council recommended that addition be flush along rear of house so that the variance be less than original plan. 83-06 Variance for 2'''~ accessory building in rear yard, Approved PC: 6 for Roof & building materials to match existing structure. Harold Johnson Size of building was reduced after much discussion. I abstain 4073 Gettysburg Avenue CC: 4 for 1 against 83-04 Side yard setback variances for stairway and wing walls Approved PC: 4 for Vernon Stuhr already constructed. 3 against 5635 Wisconsin Avenue CC: 4 for 1 against 83-01 Front yard setback (30') Approved PC: unanimous Roof & building materials to match existing structure. Abe Pasno Request: 1'4" variance CC: unanimous 8641 33'd Avenue Request to construct a vestibule at front entrance, which extends 1 '4" into front setback. 82-44 Rear yard setback (35') Approved PC: unanimous Roof & building materials to match existing structure. Robert Wynne Request: 14' variance CC: unanimous 9017 44th Circle Request to construct 3-season porch on existing deck, which would extend into the rear yard 14', leaving a 21' setback. 82-43 Rear yard setback (35') & side yard on corner (20') Planning Co. PC: unanimous Petitioner would now construct a detached garage in the' Naomi Nygaard Request: 6' variance in rear/10' variance on side approved with CC: unanimous rear set back 20' from property line. 6000 Ensign Avenue Request to convert existing garage to family room and condition of no construct a new garage and porch to the rear. Garage would parking in encroach 6' into the rear setback and the side yard driveway driveway. would leave only 10' to the street. Council denied side yard & approved rear. 82-41 Rear yard setback (35') Approved PC: unanimous Roof & building materials to match existing structure. Ralph Lichliter Request: 10' variance CC: unanimous 4075 Ensign Avenue Request to build 3-season porch onto existing house, which would extend 10' into rear yard setback. ALL VARIANCE REQUESTS o-- 1980 - 2000 11 82-38 Side yard setback (20' on corner lot) Approved PC: unanimous Roof & building materials to match existing structure. William & Jacqueline Sheperd Request: 8.4' variance CC: unanimous 8501 28t~' Avenue Request to build 3-season porch onto existing house 8.4' into 20' setback required for corner lots, leaving 11.8'. 82-30 Opinion requested on requests for variances in setback, lot CC - Refer back to Duplex built before garage was required. City allowed it to Mart Omtvedt under 7,000 sf, no garage and zero lot line. Plan. Co. for zero be built on undersize lot. Rezone to R-2 from R-0 when 5614 & 5618 Rhode Island lot line platting, platting. 82-29 Side yard variance (5') Approved PC: unanimous Robert Yunker, 4606 Boone Request: Both parties requesting 5' variance to construct a CC: unanimous Martin Kvasnik, 4612 Boone concrete apron up to the property line at both residences & 4606 Boone requesting variance to park recreational vehicle on cement pad to within 3' of property line. 82-25 Variance for enclosed 3-season porch & rear yard variance, Approved ~ PC: unanimous Roof & building materials to match existing structure. Donald Krekelberg which extends 7' into the 35' setback. CC: unanimous 9111 614 Avenue Request: 7' variance 82-24 Variance for 2"" accessory building/garage Approved PC: unanimous Roof & building materials to match existing structure. Vernon & Helen Youngquist CC: unanimous Remove existing shed. 8710 Bass Lake Road 82-21 Side yard setback (5') Approved PC: 6 for Roof & building materials to match existing structure. Frederick Starke Request: 3' variance 1 abstain 4042 Oregon Avenue Request to construct a 2-car detached garage to within 2' of CC: unanimous side yard property line. 82-20 Side yard setback (5') Approved PC: 4 for Roof & building materials to match existing structure. Joel Olson Request: 5' variance 3 against Overhang cannot extend over property line. 8833 st 31 Avenue Request to add onto existing garage right up to the lot line at CC: unanimous the rear corner of new addition. 82-15 Variance for 2 garages on 1 property and 2 curb cuts Approved PC: 5 for Roof & building materials to match existing structure, Jack Hill needed (1 allowed by ordinance), t against 5804 Boone Avenue There is a 1-car attached garage, new garage would be 720 CC: unanimous sf with curb cut on Boone Place. Both curb cuts would meet corner setbacks. 81-62 Variance request to allow steps to remain on entire side Approved PC: unanimous Signed agreement with neighbor presented to Council Duane Rehnke yard setback (between garage & neighboring fence) owner CC: unanimous regarding disposition of space between steps and fence. 8810 60th Avenue will need to add gravel in the 2" area between steps and fence 81-58 Side yard setback (5') Approved PC: unanimous Roof & building materials to match existing structure. Sukhender Nath Request: 3' variance CC: unanimous 8717 30Ih Avenue Request to add onto existing garage, which would extend 2' from property line. 81-53 Front yard setback (30') Approved PC: unanimous Exterior treatment of the total addition to match existing Jay & Cara Cline Request: 4' variance CC: unanimous structure. 3801 Xylon Avenue Request to add onto existing garage, which would extend 26' from front property line. ALL VARIANCE REQUESTS --- 1980 ~ 2000 12 81-52 Side yard setback (20' on corner) No minutes in file. Roger & Janice Fechner Request: 4'11"' variance 4700 Independence Request to add onto existing garage leaving a 15'1" setback along 47~h Avenue, which requires 20'. 81-41 Variance to allow 2"'~ garage at rear of lot PC approved PC: 5 for Withdrew after hearing how many neighbors objected to Cliff Helling CC withdrew at 1 against 2n~ garage and/or garage addition. 4649 Gettysburg Ave meeting CC accepted withdrawal 81-34 Side yard setback (5') Approved PC: unanimous Roof & building materials to match existing structure. Beverly Cooper Request: 4' variance CC: unanimous 3433 Hillsboro Avenue Request to add onto existing garage, which would extend 1' from properly line. 81-28 Variance to allow A/C unit to be placed in side yard rather Approved PC: unanimous Robert Middlemist than rear yard. CC: unanimous 4601-4609 Xylon Avenue 81-27 Side yard setback (5') Approved PC: Unanimous Roof & building materials to match existing structure. Harold Lund Request: 1' variance CC: unanimous 4617 Hillsboro Avenue Request to add onto existing garage, which would extend 4' from property line. 81-11' Side yard setback (35' along 36~n Avenue) Approved PC: unanimous Roof & building materials to match existing structure. Kenneth Kline Request: 10' variance CC: unanimous 3551 Wisconsin Avenue Request to convert existing garage into living space and build new 2-car garage, which would extend 10' into the 35' side yard setback along 36~h Avenue. 81-02 ~ / Side yard setback (10') Approved PC: unanimoUs Roof & building materials to match existing structure. Frank Dahlen~ Request: 3' variance CC: unanimous 7301 40th Avenue Request to add family room on to existing home, which would extend 3' into the 10' setback. 80-62 Owner requested to convert garage into bedroom and go Denied Owner to construct new garage with no need for a Charles & Marie Downs without a garage until spring (code requires a garage for variance. 2865 Valle Vista each residence). 80-61 Rear yard setback (35') Approved PC: unanimous Roof & building materials to match existing structure. Robert Yunker Request: 2.23' variance & variance for oversize garage. CC: unanimous 4606 Boone Avenue Request to add on large addition to garage, which will extend 2.23' into the rear yard setback. Variance also needed for oversize garage. 80-60 Rear yard setback (35') Approved PC: unanimous Roof & building materials to match existing structure. Robert Laurel Request: 12' variance CC: unanimous 4069 Flag Avenue Request to add on to the existing house, which would extend 12' into the rear yard 80-59 Side (20') & rear yard variance (35') Approved PC: unanimous Roof and building materials to match existing structure. Myron & Betty Kjos Request: 2' side yard & $.5' rear yard variance CC: unanimous 3837 Hiltsboro Avenue Lot line is somewhat at an angle to new garage and half the garage is over the side setback by 2' and the rear extends into the rear setback by 5.5 feet 80-53 Request to leave A/C units in side yard PC approved PC: 3 for Units to be moved Steven Kauffman CC case dropped 2 against 4167-69 Jordan Ay. (duplex) 80-52 Request to leave AJC units in side yard Denied Petitioner needs to have contractor correct mistake and Richard Kauffman 4124/4126 Jordan (duplex) put A/C in rear yard. 80-51 Front yard variance (30') Approved PC: unanimous Arnie Carlson Request: 2' variance CC: unanimous 7930 59 % Avenue Request to add on a greenhouse/solarium to the front of the existing house, which would extend 2' into the front yard setback. 80-50 Rear yard variance (35') Approved PC: unanimous Roof and building materials to match existing structure. Donnavan Lysdahl Request: 9.5' variance CC: unanimous 7649 48th Avenue Request to add a family room on the rear, which would be 25.5 feet from property line. Rear of lot abuts a park. 80-48 Side yard variance (5') Approved PC: unanimous Roof and building materials to match existing structure. Joseph Buslovich Request: 2' variance CC: unanimous 3530 Yukon Avenue Request to add on to make a 2-car garage, which would be 3' from the property line with the overhang right on the property line. Neighbors house is 10' from line with no windows on that side. 80-47 Side yard variance (5' garage) Approved PC: unanimous Roof and building materials to match existing structure. Daniel Hanka Request: 2' variance CC: unanimous 3625 Gettysburg Avenue Request to add on large addition, garage and living area, which leaves only 3' from property line at one corner of home. 80-40 Side yard variance (5'garage) Approved PC: 6 for Curb cut moved by City so driveway does not encroach!' Elroy Meyer Request: 5' variance 1 against on neighboring land when paved. 5832 Cavell Avenue Request to keep driveway right up to the property line as it CC: unanimous was for past 19 years. Want to pave driveway and at the boulevard it encroaches onto the neighbors land, 80-37 Request was for variance to permit expansion of use. Want to Approved PC: unanimous Roof and building materials to match existing structure. William & Louise Kranz remove carport and construct a separate garage on property. CC: unanimous 3043 Louisiana Avenue This is a non.conforming structure in a light industrial district. ALL VARIANCE REQUESTS --- 1980 - 2000 14 80-34 ,.. --' Side yard setback (10') Approved PC: unanimous Roof and building materials to match existing structure ~\ .~.-.-, Request: 2' variance CC: unanimous Linne Johnson 3022 Boone Avenue~./~ Add a 2' x 5' alcove to dining room, which would extend out 2' into the 10' side yard setback 80-32 Front yard setback (50' on major aderial street - Boone Approved PC: unanimous Roof and building materials to match existing structure Ron & Jane Kalin Avenue) CC: unanimous 4311 Boone Avenue Request: 4' variance Want to extend garage to the front by 4' and convert porch at rear of garage to a dining room, which leaves 46' setback on Boone 80-28 Rear yard setback (35') Approved PC: unanimous John Resch Request: 13' variance CC: unanimous 8408 49th Avenue Existing house already 1' into the setback. Request to add a )orch to rear of house which would leave 22' in rear yard 80-27 Side yard setback (35' for major arterial street - 36~" Avenue) Approved PC: unanimous Remove existing fence, building materials to match Roy Lindgren Request: 4' variance CC: unanimous 3600 Jordan Avenue Want to add onto the garage into the 35' side yard setback by 4', which would leave 31' 80-25 Front yard setback (30') Approved PC: unanimous DeMatts Inc. Request: 4' variance CC: unanimous 8140 46 h Avenue This house was constructed before street was put in and ended up 27.8' from property line. Garage was to have been detached and set back from house. With a change of owners, etc. the garage was lined up with the house when finally constructed. Problem was discovered when code compliance done for sale of home. 80-14 Front yard setback (30') Approved PC: unanimous Roof line, siding and texture to match existing house. William & Judith Stewart Request: 10' variance CC: unanimous 3500 Virginia Avenue Want to extend the garage 10' to the front into the 30' setback so they could add onto the kitchen at the rear of the garage 80-13 Side yard setback (10') Approved PC: unanimous A removable gateway section be installed in fence to Cooper/Herman Request: 3' variance CC: unanimous allow for fire protection. 4200 Flag Avenue Houses were built too close together in cul-de-sac & one corner of each house does not meet requirement 80-12 Side yard setback (10') Approved PC: unanimous A removable gateway section be installed in fence to Cooper/Herman Request: 5' variance CC: unanimous allow for fire protection. 4208 Flag Avenue Houses were built too close together in cul-de-sac & one corner of each house does not meet requirement CITY OF NEW HOPE SPECIAL ZONING PROCEDURES APPLICATION LOG A B C D E F G H I J Appli- Applicant Date Date Applicant Date 60- Date 120- Date Deadline Date City Date City cation application was sent day time day time Applicant for City approved or sent response number Name received notice limit limit was notified action denied the to Applicant Address by City that required expires expires of under application Phone information extension extension was missing or waiver 01-08 Tim Preimesberger 5/11/01 7/10/01 9/8/01 5841 Cavell Avenue N New Hope 55428 763-535-3332 Boxes A-C and E-F will always be filled out. Whether the other boxes are filled out depends on the City's procedures and the date of a specific application. A. Assign each application a number. B. List the Applicant (name, address and phone). C. List the date the City received the application. D. List the date the City sent the Applicant notice that required information was missing. If the City gives such notice, it must do so within 10 business days after the date in Box C, If the time clock is "restarted" by such a notice, assign the application a new number and record all subsequent deadlines on a new line. E. To calculate the 60-day limit, include all calendar days. F. To calculate the 120-day limit, include all calendar days. G. Despite the automatic extension, the City will notify the Applicant a second time by mail that a 120-day approval period applies to the application. (The date in Box G must come before the date in Boxes E and F.) H. List the deadline under any extension or waiver. I. The City must act before the deadline. (The date in Box I must come before the date in Boxes E or F, or, if applicable, Box H.) J. List the date that the City sent notice of its action to the Applicant. It is best if the City not only takes action within the time limit, but also notifies the Applicant before the time limit expires. PLANNING CASE REPORT City of New Hope Meeting Date: June 5, 2001 Report Date: June 1, 2001 Planning Case: 01-05 Petitioner: AutoZone, Inc. Address: 3601 Winnetka Avenue North Request: Site Plan Review I. Request The petitioner is requesting site plan review of a new 5,400 square foot retail building for AutoZone, an auto parts store, with 30 parking spaces, sidewalks, curbs and gutters, and extension of all necessary utilities at the northwest corner of Winnetka and 36th Avenues, pursuant to Section 4.35 of the New Hope Code of Ordinances. II. Zoning Code References Section 4,35 Administration - Site Plan Review III. Property Specifications Zoning: CB, Community Business Location: Northwest quadrant of 36th and Winnetka Avenues Adjacent Land Uses: Community Business lot to the west; Bassett Creek flood plain and park property to the north; Community Business uses across the streets at all three quadrants, shopping center, gas station/car wash and gas-convenience on Crystal lot at northeast corner. Site Area: 193' x 193' = 37,249 square feet (.85 acres) - after granting 7' of additional right-of-way Building Area: Vacant gas station and canopies to be demolished New auto parts store: 90' x 60' = 5,400 square feet Lot Area Ratios: Building = 14 percent; Green = 35 percent; Paved = 51 percent Planning District: No. 12; The Comprehensive Plan does not specifically address this site, however, the City promotes scattered site renovation, redevelopment and reinvestment, especially on blighted property like this abandoned gas station. Specific Information: The proposed concept will include on-site ponding with positive effects on the adjacent flood plain, due to slowing of runoff and discharged water quality improvements. IV. Background The applicant, AutoZone, Inc., is requesting site plan approval to allow the construction of a 5,400 square foot retail building on the property located at 3601 Winnetka Avenue. Currently, this site contains an abandoned gas station. The applicant plans to demolish the existing gas station and replace it with the proposed retail building. Planning Case Report 01-05 Page 1 6/1/01 The original gas station was built in 1963 with few improvements over the years and several nuisance problems including a lack of maintenance, storage of vehicles, unauthorized U-Haul truck storage and rental (later given a CUP), etc. V. Petitioner's Comments AutoZone, Inc. is proposing an AutoZ°ne auto parts store in New Hope. This proposed site is located at 3601 Winnetka Avenue. The proposed project is the construction of a 5,400 square foot retail building with associated 30 parking spaces, sidewalks, curbs and gutters, and extension of all necessary utilities. The typical operating hours are 8 a.m. to 10 p.m. Monday through Saturday, and 8 a.m. to 8 p.m. on Sunday. There will not be any outdoor sales or display for this store. As shown on the submitted plans, there will be two driveway entrances, one on the southwest of the site and another on the east side of the site. The eastern entrance will be utilized as delivery truck access from Winnetka Avenue. VI. Notification City Code does not require notification for site/building plan review. VII. Development Analysis A. Zoninq Code Criteria The purpose of the site plan review is to insure that the purposes of this Code are adhered to, it is hereby determined that a comprehensive review of site, building and development plans shall be made by the Planning Commission and approved by the City Council prior to the issuance of any building permits by the Building Official pursuant to the procedure established by this section. In making recommendations and decisions upon site and building plan review applications, the staff, Planning Commission and City Council shall consider the compliance of such plans with the following standards: 1. Consistency with the various elements and objectives of the City's long range plans, including but not limited to the Comprehensive Plan. 2. Consistency with the purposes of this Code. 3. Preservation of the site in its natural state, insofar as practicable, by minimizing tree and soil removal, and designing any grade changes so as to be in keeping with the general appearance of neighboring developed or developing areas. 4. Creation of a harmonious relationship of buildings and open spaces with the terrain and with existing and future buildings having a visual relationship to the proposed development. 5. Creation of a functional and harmonious design for structures and site features including: a) Creation of an internal sense of order for the various functions and building on the site and provision of a desirable environment for occupants, visitors, and the general community. b) Appropriateness of the amount and arrangement of open space and landscaping to the design and function of the development. c) Appropriateness of the materials, textures, colors, and details of construction as an expression of the design concept of the project and the compatibility of the same with the adjacent and neighboring structures and functions. d) Adequacy of vehicular, cycling and pedestrian circulation, including walkways, interior drives and parking, in terms of location and number of access points, general interior circulation, separation of pedestrian, cycling and vehicular traffic and arrangement and amount of parking so as to be safe, convenient and, insofar as practicable, compatible with the design of proposed buildings, structures and neighboring properties. Planning Case Report 01-05 Page 2 6/1/01 6. Creation of an energy-conserving design through design, location, orientation and elevation of structures, the use and location of glass in structures, and the use of landscape materials and site grading. 7. Protection of adjacent and neighboring properties through reasonable provisions for such matters as surface water drainage, sound and sight buffers, preservation of views, light and air, and those aspects of design, not adequately covered by other regulations, which may have substantial effects on neighboring land uses. B. Development Review Team The Development Review Team met on May 16 to discuss this request. Changes were recommended including light levels, building exterior, upgrades, landscaping, snow storage, signage, pond maintenance agreement, Fire Department concerns, county permits and city sewer/water permits. C. Desiqn & Review Committee The Design & Review Committee met with Jeremy Yee of CEI Engineering Company on May 17 and shared the following 14 suggestions: 1. Reduce exterior light levels to approximately .5 foot candle at the lot lines, per code. 2. Improve building architecture similar to previous plan submittal. 3. Agree to sign a pond maintenance agreement with City, yet to be drafted. 4. Obtain Hennepin County permits before any excavation or curb work along Winnetka Avenue. 5. Obtain sewer and water permits from the City and properly cut and "cap" utilities before demolition of buildings. 6. Provide additional landscaping along southwest corner and consider more along street frontages with "northwood red maple" or "autumn blaze maple" trees to replace the illustrated trees, not suitable to this growing zone. "Winterberry" shrubs are probably desirable instead of inkberry. 7. Provide details about tires - quality/location - method of storage for Fire Department. 8. Provide a yellow-striped curb along south side of building and "No Parking Fire Lane" signs. 9. Realign the radius of north curb where excess pavement was shown. 10. Remove all vehicle bumpers from plan - not permitted by code. 11. Illustrate two hose faucets on exterior wall for landscape maintenance, if lawn sprinklers are not included. 12. Clarify that 100 percent of green area will be sodded, with erosion fabric in the pond contours. 13. Provide roof "ships ladder" per code, if any rooftop equipment is planned at time of building permit application. 14. Identify snow storage on the lot. D. Plan Description Revised plans were submitted by the applicant that illustrates compliance with items 1, 2, 6, 9, 10, 12 and 14. Verbal agreement was stated with items 3, 4, 5, and 13. No response is evident to items 7, $ and 11. The plans are described as follows: 1. Comprehensive Plan and Zoning. Redevelopment of a retail business on this site is consistent with both the Compressive Plan and the Zoning Ordinance. The proposed land use plan guides this site for commercial use. Similarly, this site is zoned CB, Community Business District. Retail businesses are a permitted use within this district. 2. Setbacks. This proposal meets the required setbacks for properties in the CB District. The following table compares both the required and proposed setback for the proposed building. Setbacks for Properties in the CB District Setback Required Proposed Status Front 30 feet 93 feet Compliant Side (corner) 20 feet 64 feet Compliant Side 10 feet 44 feet Compliant Rear 30 feet 46 feet Compliant Planning Case Report 01-05 Page 3 6/1/01 3. Parkinq. Per the Planner's report, this site meets the off-street parking requirements for retail uses in the CB District. The Zoning Code requires retail uses to provide one stall for each 200 square feet of floor area. This standard requires this use to provide 25 stalls. The site plan shows 30 stalls. In addition, state law requires this site to include two disability stalls. These stalls are shown on the applicant's site plan. Two ADA accessible parking stalls are provided in front of the building at the northeast corner and appropriate ADA signage and concrete accessible ramp is shown on the plans. AutoZone Parkin~, Retail Sq. Ft. Requirement Required Parking Provided Parking 'Retail Area 3,440 1/150 Sq. Ft. 23 --- Storage Area 1,860 1/500 Sq. Ft. 4 --- Total 5,400 --- 27 30 4. Access. The redevelopment of this site will close the two existing curb cuts closest to the 36th Avenue and Winnetka intersection. The new design will leave one access on 36th and one access along Winnetka. The Zoning Code limits the width of curb cuts for commercial uses to 26 feet. The access from Winnetka is 35 feet wide and should remain at this width to allow truck access. The Planner has suggested that the access along 36th be narrowed to the 26-foot requirement unless the applicant can demonstrate a need for it to remain at 30 feet, however, the City Engineer has not noted this as an issue. 5. Loadinq. The site plan shows a loading area along the north side of the building and a "No Parking Loading Zone" sign is located near the north loading area. The applicant maintains that most of their deliveries will be made by small trucks. Staff has some concerns with the turning radius to access this location. Large trucks may have a difficult time maneuvering into the designated loading area. 6. Landscaping. The applicant has submitted a landscaping plan with the following schedule: Plant List Key Qty' Common Name Root Size' Remarks AR 4 Red Maple Autumn Blaze B&B 2.5 cal. As per plan EA 10 Dwarf Winged Euonymus Cont. 2 ga!. As per plan JH 15 Creeping Juniper Cont. 2 9al. As per plan · Two red maples are located on the west side of the property south of the pond, one is located west of the 36th Avenue curb cut and one is located north of the Winnetka curb cut. · The 10 dwarf winged euonymus are located at the southeast corner of the site. · The 15 creeping juniper are also located at the southeast corner of the site. The site's landscaping plan appears to meet the requirements of the city code. However, the applicant must demonstrate how the landscaping will be maintained. The landscape plan should show either an irrigation system or an outside spigot for watering and maintenance. 7. Lighting. A. Contours. The applicant's photometric plan appears to meet the lighting standards outlined in Section 4.034(5). These standards state that the amount of light from any commercial use may not exceed one foot candle as measured from the center line of the street. B. Parking Lot Light Standards. Double light standards are located on the east side of the parking lot near Winnetka and on the south side of the parking lot near 36th Avenue. Planning Case Report 01-05 Page 4 6/1/01 Single light standards are located at the northeast and southwest corners of the property. Light standards are 25 feet in height with 3-foot base, 5" square steel pole with bronze finish. Fixtures are 400 watt metal halide shoebox light fixture with forward throw. C. Building Lights. · Three wall mounted lights on north (side) · Three wall mounted lights on south (side) 8. Trash Enclosure. The design and location of the applicant's trash enclosure appear to meet the City's requirement. Their plan shows the enclosure will be located 20 feet from the northern property line and will have masonry walls on three sides and a front cedar gate. This masonry material must match that used for the exterior of the principal building. The plans state that the 18' x 12' enclosure will be painted to match the building. 9. Snow Storage Areas. Designated snow storage areas are shown on the site plan on the north side of the property north of the paved area and on the southwest portion of the property north of the parking area and south of the pond. The site plan demonstrates that this site has adequate area for snow storage. 10. Rooftop Units. Plans show HVAC units to be screened behind mansard. 11. Sidewalk. Eight feet wide in front of building (east side) and five feet wide on south side. 12. Buildinq Materials. The applicant has revised the exterior appearance of the proposed building to conform to the recommendations of the Design & Review Committee. These plans show a single story 5,400 square foot building. The sales floor area is 3,437 square feet. The exterior of the building will be a mix of aluminum, glass, and concrete block. The building will be painted either light or medium grey with an orange accent stripe around the top (see detailed description of building elevations below). In addition, the building plans show two windows along the south elevation. These windows appear to conflict with the internal layout of the building. The applicant should demonstrate that these windows would not conflict with the internal design of the store. Front Elevation (Winnetka): · Black metal coping · Single score concrete block painted medium grey (upper) · Two accent stripes 4" smooth face concrete block painted dark grey · Split face block painted light grey (middle) · Split face concrete block painted dark grey (lower) · Aluminum storefront full length windows Street Side Elevation (36th): · Same as Winnetka elevation materials · Two glazed windows Side Elevation (north side) · Same as Winnetka and 36th materials · 6' by 8' roll-up delivery door · 3' by 7' emergency exit door Rear Elevation (west side) · Same materials as other three sides · Scupper and downspout painted to match wall 13. Si.qns. Building signage for this site may not exceed two signs having a total area of 250 square feet. The applicant's building elevations illustrate two wall signs totaling 133 square feet. In Planning Case Report 01-05 Page 5 6/1/01 addition, the applicant's plans show a 98 square foot pylon sign. Both the building and freestanding pylon signs meet the sign standards for properties in the commercial district. A. Wall Siqns Front (Winnetka elevation) - 42" tall by 18' long orange stripe with black shadow and "AutoZone": 42" tall red letters with black shadow. Right (36th elevation) - 42" tall by 18' long orange stripe and "AutoZone" in 42" tall red letters. B. Pylon Si,qn Located at southeast corner of site and set back 13.5 feet from east property line and 15.44 feet from south property line. Text will state "AutoZone" with orange stripes and red letters and "The Best Parts in Auto Parts" in black letters. The sign will be 28 feet in height and suspended on a white pole. C. Traffic Directional Signs · "Right Turn Only" sign on Winnetka curb cut · Traffic flow arrows at Winnetka and 36th curb cuts · Stop bar at 36th curb cut · Right turn only pavement marker on Winnetka curb cut · "Stop" signs at Winnetka and 36th curb cuts 14. Gradinq and Drainaqe. Considerable grading will be necessary to redevelop this site and construct an on-site storm water retention pond. The site plan illustrates that the on-site pond will be located behind the building in the northwestern corner of the site. See City Engineer's comments on this plan. E. Planning Considerations Excerpts from the Planner's report have been incorporated into this report. F. Buildinq Considerations All construction must comply with the Minnesota Building Code. G. Legal Considerations The City Attorney will prepare the Site Development Agreement for this redevelopment project. H. Engineering Considerations The City Engineer has been reviewing plans and communicating with the applicant over the past several months and March 29, May 14 and 30 comments are below: We have received the plans for the redevelopment of the AutoZone site. We have also received storm water calculations and documentation from CEI Engineers. The following comments relate to information received. 1. All site runoff is routed through an on-site storm water pond. This is required per the City's Surface Water Management Plan (SWMP). The degree of ponding must further be defined. The SWMP shows sediment traps for area runoff currently flowing directly into the Northwood wetland. It appears that the pond shown could be smaller. The pond must be designed based on the following criteria. · The pond must have a "wet volume." The volume must be equal to the total volume of runoff from 1.5" of rain in 24 hours. The current configuration does not include a wet volume. However, it does appear that the size of the pond may be reduced even with the inclusion of a wet volume. Planning Case Report 01-05 Page 6 6/1/01 · Typically, the minimum wet volume depth is three feet. · The pond must include an outlet skimmer structure. We have attached a copy of a skimmer structure detail from a recent city pond project. Other configurations can be considered. · "Flat" benches are typically required around water ponds. Bench widths are typically 10 feet and slopes are 10 to 1. The limited space on the site makes this difficult. It would be preferred to include some kind of bench configuration, particularly abutting the building. Even a 5 to I bench would facilitate mowing and maintenance directly behind the building. · The invert of the pond flared end inlet should be set at the NWL. · The pond outlet capacity is typically designed based on a 10-year event. Velocity and energy must be dissipated with rip rap at the pond outlet into the wetland as shown. · A 100-year overflow must be shown for the pond. This should be protected with rip rap such that the pond embankment does not erode during a 100-year event. · It is recommended that a maintenance agreement be established for the pond. 2. It is our understanding that this redevelopment application does not have to be reviewed by Bassett Creek Watershed. We are in the process of verifying this position with the Watershed Engineer. 3. The runoff from the north side of the property and the building flows to the east and then south across the Winnetka Avenue driveway. The spot elevation of 89.72 on the south side of the driveway appears to conflict with the rim elevation of 90.10 at the catch basin. This drainage pattern should be reviewed. The storm sewer may have to be extended to the north side of the driveway and a catch basin added. 4. The proposed plan shows the elimination of the two driveways closest to the intersection. Hennepin County will likely prefer this proposed configuration over the existing. A driveway/access permit must be obtained from the County. The driveway aprons and curb and gutter must be removed. The sidewalk and curb and gutter must be replaced to match the adjacent materials and configuration. 5. In 1996, the City graded a pedestrian trail on the property immediately north of AutoZone. This trail is part of the Northwood Park System. The trail was only graded. It may be improved, including pavement, at some time in the future. The configuration of the trail required access to the Winnetka sidewalk at the northeast corner of the AutoZone property. We have attached a sketch of the trail location as it relates to the sidewalk and AutoZone property. The City and applicant should consider a trail access easement in the northeast corner of the property. 6. ROW dedication must be reviewed along 36th Avenue and Winnetka Avenues. The submitted survey indicates a 33' ¼ ROW along 36th Avenue. The City ½ section maps and previous construction plans indicate that a 40' ¼ ROW exists. We have attached these documents. If 40' ¼ ROW does not exist, an additional 7 feet should be dedicated. A 33' ¼ ROW is shown along Winnetka Avenue. Typically, we require a minimum of a 40' ~ ROW along Winnetka and other County Roads. It is recommended that Dave Zetterstrom from Hennepin County provide comment on this issue. 7. The utility plan shows gas and sanitary sewer service coming from Winnetka Avenue. An ROW construction permit must be obtained from Hennepin County. 8. The utility plan also shows a new water service tapped into the main in 36th Avenue. This is not acceptable. Instead, it is proposed that a new curb stop be constructed on the existing 1" copper Planning Case Report 01-05 Page 7 6/1/01 line at the ROW. A new 1" copper service can continue from the new stop box into the property as shown. May 14 Doug and I have worked through most of the comments previously. It appears that our previous comments have been addressed. In addition, please see the following: · They will still need to get permits from Hennepin County for access and utility connections. We need copies of these permits prior to construction. Hennepin County should approve the access permit to Winnetka as we are going from two Winnetka accesses to one. The one closest to the intersection is being removed. The scenario is occurring on 36th Avenue. · We should receive a copy of their pond design calcs. Please note that the pond is smaller than before. It does appear to be adequate, however. · It appears that the whole parking lot will be concrete. It also appears that the typical concrete section includes only four inches of compacted aggregate subgrade. This seems "light" for New Hope's heavy soils. Their detail references a soils report. They may want to review this and increase the aggregate thickness to protect the life of the concrete. · Their typical detail shows surmountable or roll over curb and gutter. We would prefer B612 curb and gutter. May 30 · We still need a pond maintenance agreement. The City Attorney is typing up the agreement. It will be emailed to CEI for the applicant's approval. This will hopefully occur this week. · Storm water calculations are still needed. Hennepin County The plans were also submitted to Hennepin County for review and comments are provided below: Thanks you for the submittal regarding the above-noted proposal. All of the actions proposed by the City (7-foot additional highway easement and access revisions to CSAH 156) are strongly supported by Hennepin County. The only additional comment is that a sight triangle (20'-25' along both 36th and Winnetka) might be appropriate to enhance visibility and create a pedestrian refuge area. Please remind the developer to obtain appropriate access and utility permits prior to construction. A. Police Considerations The Police Department reviewed these plans and made recommendations along with other Departments. B. Fire Considerations The Fire Department reviewed the plans and the applicant still needs to: 1. Provide information on quantities of each type of flammable and combustible liquids and tires that will be stored in the building. 2. Provide a fire lane on south side of building. A fire sprinkling system in the building was also requested, but is not mandatory. Planning Case Report 01-05 Page 8 6/1/01 VIII. Summary The proposal requesting approval of the site plan for AutoZone, Inc. located at 3601 Winnetka Avenue to allow the construction of a 5,400 square foot retail building is routine because it complies with city performance standards with some minor changes. The public safety improvements alone are major: widening the right-of-way for future needs and reducing four driveways at a busy intersection to two that are 130 feet from the actual corner. Big aesthetic and environmental improvements will also result from a new, accessible building with windows on both public streets, a storm water NURP pond to protect the adjacent wetland-flood plain and new landscaping. The applicant has upgraded building materials consistent with requests from city representatives. The retail sales of auto parts tend to be a quiet, compatible land use, with no history of nuisance problems. This private redevelopment accomplishes many of the Comprehensive Plan goals. IX. Recommendation Staff recommends approval of the AutoZone site plan at 3601 Winnetka, subject to the following conditions: 1. Submit revised plans and a narrative to confirm, in writing, all 14 stipulations from the Design & Review Committee. 2. Enter into Site Improvement Agreement with City and submit bond to secure the development agreement covering site improvements (other than building) prior to building permit application (amount to be determined by City Engineer and Building Official). 3. Submit soils data and three sets of detailed construction plans with a building permit application before any demolition or work begins on the site. 4. Comply with City Engineer recommendations. 5. Submit information to Fire Department regarding interior storage and Fire Lane. 6. Demonstrate how the landscaping will be maintained. The landscape plan must show either an irrigation system or outside spigots for watering and maintenance. Attachments: Address/Zoning/Topo Maps 5/9/01 Petitioner's Correspondence Revised Plans: Title Sheet/General Notes Survey Site Plan Parking Data Demolition Plans/Notes Grading Plan Utility Plan Landscaping Plan/Schedule Lighting Plan Sign Detail Dumpster Detail Detail Sheets Building Elevations Floor Plan Drainage Report Planner's Report City Engineer Comments Hennepin County Comments Application Log Planning Case Report 01-05 Page 9 6/1/01 - ADATH CHESED EMES' CEME?~ 8208 5601 ~ ~ 8100 8O0O ii~lli~lll~lll~lll~lll~lt! 3551 8015 3520-."35~ 8005 3511 3511 3509 35-" ~o 3500 ;STH N - C I~ ETE RY ~ ..... ._b.t ^yE ~ ~' BETH EL CEMETERY AVE k . 3~T~ AVE-}, .. --~ ~/ CEI Engineering Associates, Inc. Corporate Office: P.O. Box 1408 * 3317 SW "1" Street * Bentonville, AR 72712-1408 · (501)273-9472 * (501)2?'3-0844 I i 2 0i May 9, 20O 1 Do~g ~ds~d BL~~ile Ci~ of New Hope 4401 Xylon Ave. N. New Hope, ~ 55428 Ph: 763-531-5122 RE: Proposed AutoZone Store in New Hope, MN Mr. Sandstad, AutoZone, Inc. is proposing an AutoZone autopart store in New Hope, MN. This proposed site is located at 3601 Winnetka Avenue. The proposed project is the construction of a 5,400 square foot retail building with associated 30 parking spaces, sidewalks, curbs and gutters, and extension of all necessary utilities. The Vypical operating hours are 8 a.m. to 10 p.m. Monday through Saturday, and 8 a.m. to 8 p.m. on Sunday. There will not be any outdoor sales nor display for this store. As shown on the submitted plans, there will be two driveway entrances, one on the southwest of the site and another one on the east side of the site. The eastern entrance will be utilized as delivery truck access from Winnetka Avenue. We are submitting 10 sets of full size, 1 set 8-1/2" x 11" of reduction and 1 set 8-1/2" x 11" of transparencies of the civil plans along with the design review checklist for your review. Please feel free to call me if you have any questions or comments. Thank you. Sincerely, Project Manager Bentonville, AR * Fresno, CA · St. Augustine, FL * Nashville, TN o Atlanta, GA * Dallas, TX ° Jasonville, IN LOCATION MAP NOT TO SCALE SITE ~ ~ 36TH AVE N SECTION 18, TOWNSHIP 118, RANGE 21 HENNEPIN COUNTY, MINNESOTA. Vicinity Map NOT TO SCALE GENERAL NOTES: A. TOPOGRAPHIC BOUNDARY SURVEY, INCLUDING PROPERTY UNES, LEGAL DESCRIPTION, EXISTING UTILITIES, SITE TOPOGRAPHY WITH SPOT - ELEVATIONS, OUTSTANDING PHYSICAL FEATURES AND EXISTING STRUCTURE LOCATIONS WAS-PROVIDED BY THE FOLLOWING COMPANY. AS A CONTRACTOR TO THE SELLER/OWNER: RLK-KUUSlSTO, LTD 6110 BLUE CIRCLE DR. SUITE #100 MINNETONKA, MN PHONE: 952-953-0972 FAX: 952-95.3-1155 CEI ENGINEERING AND ITS ASSOCIATES WILL NOT BE HELD RESPONSIBLE FOR THE ACCURACTY OF THE SURVEY OR FOR DESIGN ERRORS OR OMISSIONS RESULTING FROM SURVEY INACCURACIES. B. ALL PHASES OF SITE WORK FOR THIS PROJECT SHALL MEET OR EXCEED THE OWNER / DEVELOPER SITE WORK SPECIFICATIONS. C. CONTRACTOR SHALL BE RESPONSIBLE FOR RAZING AND REMOVAL OF THE EXISTING STRUCTURES, RELATED UTIUTIES, PAVING, UNDERGROUND STORAGE TANKS AND ANY OTHER EXISTING IMPROVEMENTS AS NOTED. SEE SITE WORK SPECIFICATIONS. D. CONTRACTOR IS TO REMOVE AND DISPOSE OF ALL DEBRIS, RUBBISH AND OTHER MATERIALS RESULTING FROM PREVIOUS AND CURRENT DEMOLITION OPERATIONS. DISPOSAL WILL BE IN ACCORDANCE WITH ALL LOCAL, STATE AND/OR FEDERAL REGULATIONS GOVERNING SUCH OPERATIONS. E. THE GENERAL CONTRACTOR WILL BE HELD SOLELY RESPONSIBLE FOR AND SHALL TAKE ALL PRECAUTIONS NECESSARY TO AVOID PROPERTY DAMAGE TO ADJACENT PROPERTIES DURING THE CONSTRUCTION PHASES OF THIS PROJECT. F. WARRANTY/DISCLAIMER: THE DESIGNS REPRESENTED IN THESE PLANS ARE IN ACCORDANCE WITH ESTABUSHED PRACTICES OF CIVIL ENGINEERING FOR THE DESIGN FUNCTIONS AND USES INTENDED BY THE OWNER AT THIS TIME. HOWEVER, NEITHER THE ENGINEER NOR ITS PERSONNEL CAN OR DO WARRANT THESE DESIGNS OR PLANS AS CONSTRUCTED EXCEPT IN THE SPECIFIC CASES WHERE THE ENGINEER INSPECTS AND CONTROLS THE PHYSICAL CONSTRUCTION ON A CONTEMPORARY BASIS AT THE SITE. G. SAFETY NOTICE TO CONTRACTOR: IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, THE CONTRACTOR SHALL BE SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITIONS OF THE JOB SITE, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY DURING PERFORMANCE OF THE WORK. THIS REQUIREMENT WILL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS. ANY CONSTRUCTION OBSERVATION BY THE ENGINEER OF THE CONTRACTOR'S PERFORMANCE IS NOT INTENDED TO INCLUDE REVIEW OF THE ADEQUACY OF THE CONTRACTOR'S SAFETY MEASURES. IN, ON OR NEAR THE CONSTRUCTION SITE. H. ALL CONSTRUCTION IN STATE HIGHWAY DEPARTMENT RIGHT-OF-WAY SHALL BE COORDINATED WITH THE HIGHWAY DEPARTMENT RESIDENT MAINTENANCE ENGINEER. I. ~ ANY DEVELOPMENT, EXCAVATION, CONSTRUCTION, OR FILUNG IN A U.S. CORPS OF ENGINEERS DESIGNATED WEll. AND IS SUBJECT TO LOCAL, STATE AND FEDERAL APPROVALS. THE CONTRACTOR SHALL COMPLY WITH ALL PERMIT REOUIREMENTS AND/OR RESTRICTIONS AND ANY VIOLATION WILL BE SUBJECT TO FEDERAL PENALTY. THE CONTRACTOR SHAM- HOLD THE OWNER/DEVELOPER, THE ENGINEER AND THE LOCAL GOVERNING AGENCIES HARMLESS AGAINST SUCH VIOLATION. SITE PLAN GENERAL DEMOLITION NOTES A. CONTRACTOR SHALL BE RESPONSIBLE FOR REMOVAL OF THE EXISTING STRUCTURES, RELATED UTILITIES, PAVING, UNDERGROUND STORAGE TANKS. AND ANY OTHER EXISTING IMPROVEMENTS AS NOTED. SEE SITE WORK SPECIFICATIONS. B. CONTRACTOR IS TO REMOVE AND DISPOSE OF ALL DEBRIS, RUBBISH AND OTHER MATERIALS RESULTING FROM PREVIOUS AND CURRENT DEMOLITION OPERATIONS. DISPOSAL WILL BE IN ACCORDANCE WITH ALL LOCAL, STATE AND/OR FEDERAL REGULATIONS GOVERNING SUCH OPERATIONS. C. THE GENERAL CONTRACTOR SHALL TAKE ALL PRECAUTIONS NECESSARY TO AVOID PROPERTY DAMAGE TO ADJACENT PROPERTIES DURING THE CONSTRUCTION PHASES OF THIS PROJECT. THE CONTRACTOR WILL BE HELD SOLELY RESPONSIBLE FOR ANY DAMAGES TO THE ADJACENT PROPERTIES OCCURRING DURING THE CONSTRUCTION PHASES OF THIS PROJECT. D. I~NGINI~I~R'S NOTICE TO CONTRACTOR THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATION OF EXISTING UTILITIES AS SHOWN ON THESE PLANS IS BASED ON RECORDS OF THE VARIOUS UTIUTY COMPANIES, AND WHERE POSSIBLE, MEASUREMENTS TAKEN IN THE FIELD. THE INFORMATION IS NOT TO BE RELIED ON AS BEING EXACT OR COMPLETE. THE CONTRACTOR MUST CALL THE APPROPRIATE UTIUTY COMPANY AT LEAST 4~ HOURS BEFORE ANY EXCAVATION TO REQUEST EXACT FIELD LOCATION OF UTIMTIES. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTIMTIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. E. NOTE: UNDERGROUND STORAGE TANKS MAY BE LOCATED ON THIS PROPERTY. CONTRACTOR IS SOLELY RESPONSIBLE FOR REMOVAL AND PROPER DISPOSAL AS REQUIRED BY THE STATE OF MINNESOTA. IN THE EVENT THAT UNDERGROUND TANKS ARE FOUND, CONTRACTOR SHOULD IMMEDIATELY CONTACT AUTOZONE CONSTRUCTION MANAGER. C)' DEMOLITION NOTES _ 'ISA EXISTING BE REMOVED 19A EXISTING TO REMAIN 74A VACANT BUILDING AND IMMEDIATE FACILITIES MAY ALREADY BE REMOVED BY PREVIOUS OWNERS~ CONTRACTOR TO COORDINATE WITH AUTOZONE CONSTRUCTION DEPARTMENT PRIOR TO BID. PLANT UST COMMON NAME/ KEY QTY BOTANICAL NAME ROOT SIZE REMARKS AR 4. RED MAPLE 'AUTUMN BLAZE Acer x freemonii *Autumn Blaze' ~ 2.5" CAL AS PER PLAN EA. 10 DWARF YANGED EUONYMUS £UOn~A~US alatus 'Compoctus' CONT. 2 GAL AS PER PLAN dH 15 CREEPING dUNIPER duniperua horlzontollls CONT. 2 GAL AS PER PLAN 3601 W~NNET~A A %~NUE NO~ TI'I ..~ .~ ~ M~NNE~T~ M~ T~ 38103 ~ SCALE D~L 8Hg ~ ~1) ~ F~ (~1)~ 18'-0" 5'-0" 8'-0" 5'-0" Masonry wall Trash ~ elev. See site or ,~ I I durnpster I ',= __ ~ grading plon ' 6-8CY ~i ~ enc.a..ure ~ I . I I __J So. id cap block ~ 8" double-face split ~~,~~~,~c ~ face C.M.U. Paint :-FH- ..p'~T ,[o match building , ,, ~/both sides) Ga[es Vertical #5 s @ 32~,Ji~; . ~.~__.,_.~ ' required O.C._ gFout_~ 1 ~ I Finish rode varies · ND SCALE SEC-C17M , 9redo§ plan · Co,nc. fogtin9 I I ~ w/ 2 #5 bars [ Rolling overhead steel door 1 I ~ continuous I (See plan and details) I 0 SCREEN WALL DETAIL Line of ~ 6'-0" Pipe gubrd (Dp_. Door opening ~ (~ CENTER P~PE GUARDS ON EDGE OF OPENING NO SCALE SEC-C08 PIPE GUARD @ ROLL-UP DOOR 70L 400 watt metal halide shoebox light fixture two per pole, forward throw 1 5" sq. steel pole bronze finish 4 anchor bolts furnished by light turer Set pole on non-shrink grout base ' 3/4" chamfer :t1':'11 Finish grade or top of paving, See site plan for location 24" dia. concrete ~ base W/ 4-~5's ~ :m vert. & #3 hes ~ @12" O.C. Electric conduit NO SCALE SEC-C13 TYPICAL LIGHT POLE ......... ProPOSED AUTOZONE~ .... -. Presented By' ~ ; -' . - ' . ':':,. (50l) 273- 9472/Fax (501)273-,0~' - .... .--- ,. · TABLE OF CONTENTS i DRAINAGE REPORT FOR THE PROPOSED AUTOZONE . New Hope, MN i 360t Winnetka Avenue i May 23, 2001 i CEI Project No. 16141.0 Text Pages Introduction ....................................................................................................................................... i Pre-development drainage pattern ................................................................................................ i Post-development drainage pattern ............................................................................................... i Drainage Calculations .................................................................................................................... i Results ............................................................................................................................................ i Discussion/Summary ...................................................................................................................... i Section: Calculations report/data Pre-development Post-development May 22, 2001 Storm Drainage/Runoff Calculation AutoZone-3601 Winnetka Ave., New Hope, MN. CEI Project No.: 16141.0 INTRODUCTION This proposed AutoZone is located at 3601 Winnetka Avenue, New Hope, Minnesota. This proposed site is approximately 1.25 acres. It is currently occupied by an abandoned gas station. The proposed plan is to demolish the gas station and build a new foot AutoZone store with associated sidewalks, curbs and 5,400 auto parts gutters, parking lot and drives, and extension of all necessary utilities. PRE-DEVELOPMENT DRAINAGE PATTERN As shown in the pre-development drainage drawing, it is approximately 40 percent of the on-site storm water is draining to the adjacent street (Winnetka Avenue) and inlet. And the rest of the storm water is draining to the wetland on north of the property. POST-DEVELOPMENT DRAINAGE PATTERN In the post-development storm water situation, all the on-site runoff will be diverted to the pond at rear of the building before discharging to the wetland as mentioned above. The pond is facilitated with skimmer device for sedimentation purposes and overflow spillway for 100-yr storm event. In addition, the pond is designed to have a "wet volume" per City requirements. A 12" CMP is used to carry storm water from the pond to the wetland. DRAINAGE CALCULATIONS These drainage calculations were computed by the SCS unit hydrograph method, using PonclPack sot~vare by Haested Methods. The design storm data, based on the USDA-SCS and U.S. Weather Bureau for New Hope, MN. Please see attachment for rainfall data. i RESULTS The post-developed rua-offresults are as follows: Storm event Post Developed, cfs Elevation at the Outflow, els pond, ft 1.5" rainfall-"wet 0.80 888.91 0.01 volume" 10-yr 3.28 889.85 2.14 100-yr 4.92 Overflow (890.20) 3.95 1 DISCUSSION/SUMMARY This analysis was performed using conservative methods where no infiltration was factored into the calculations. As mentioned above, the pond is designed to have a "wet volume" (volume of runoff from 1.5" of rain in 24 hours) and skimmer device. With this proposed storm water system, there will not be any additional runoff, will be discharged to the adjacent street and inlet, in fact, all the on-site runoffs will be discharged to the wetland on the north of property as requested by City. This drainage report has been prepared in accordance with the current requirements of the applicable stormwaterjurisdictions and approving agencies. In addition, storm events/frequencies, nm-off calculations, discharge criteria, pipe hydraulics, evaluation methods (including computer software applications), etc., have been based on the gUidelines/requirements of these entities and, also reflect the application of permitting generally accepted standard of engineering practice. This design is based on and, limited by the weather data, the analysis and their applicability is presented herein. We anticipate that thi.q report and attached calculations will satisfy the reqUirements for storm drainage analYsis in the City of New Hope, Minnesota. If there are any questions or concerns, or if any additional information is require, please feel free to contact us. Sincerely, Project Manager i I 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com PLANNING REPORT TO: Kirk McDonald FROM: Jason Lindahl/Alan Brixius DATE: May 30, 2001 RE: New Hope - Site Plan Review for Auto Zone FILE: 131.01 - 01.05 BACKGROUND The applicant, Auto Zone, Inc., is. requesting site plan approval to allow the construction of 5,400 square foot retail building on the property located at 3601 Winnetka Avenue. Currently, this site contains an abandon gas station. The applicant plans to demolish the existing gas station and replace it with the proposed retail building. Attached for reference: Attachment A: Site Location Map Attachment B: Site Plan Attachment C: Topography Boundary Survey dated 2-2001 Attachment D: Demolition Plan dated 5-18-2001 Attachment E: Grading Plan dated 5-18-2001 Attachment F: Utility Plan dated 5-18-2001 Attachment G: Landscape Plan dated 5-18-2001 Attachment H: Lighting Plan dated 5-18-2001 Attachment I: Auto Zone Standard Detail Sheet dated 4-2-2001 Attachment J: Building Elevations dated received by the City on 5-25-2001 Attachment K: Building Floor Plan Comprehensive Plan & Zoning. Redevelopment of a retail business on this site is consistent with both the Comprehensive Plan and the Zoning Ordinance. The Proposed Land Use Plan guides this site for commercial use. Similarly, this site is zoned CB, Community Business District. Retail businesses are a permitted use within this direct. Setbacks. This proposal meets the required setbacks for properties in the CB District. The following table compares both the required and proposed setback for the proposed building. Setbacks for Properties in the CB District Setback Required Proposed Status Front 30 feet 93 feet Compliant Side(comer) 20 feet 64 feet Compliant Side 10 feet 44 feet Compliant Rear 30 feet 46 feet Compliant Parking. This site meets the off-street parking requirements for retail uses in the CB District. Section 4.035(10)(m) requires retail uses to provide I stall for each 200 square feet of floor area. This standard requires this use to provide 25 stalls. The site plan shows 30 stalls. In addition, state law requires this site to include two disability stalls. These stalls are shown the applicant's site plan. Access. The redevelopment of this site will close the two existing curb cuts closest to the 36*h Avenue and Winnetka intersection. The new design will leave one access on 36"' and one access along Winnetka. Section 4.035(4)(h)(vi) limits the width of curb cuts for commercial uses to 26 feet. The access from Winnetka is 35 feet wide and should remain at this width to allow truck access. However, the access along 36= should be narrowed to the 26-foot requirement unless the applicant can demonstrate a need for it to remain at 30 feet. Loading. The site plan appears to show a loading area along the north side of the building. While the applicant maintains that most of their deliveries will be made by small trucks, staff has some concern with the turning radius to access this location. Large trucks may have a difficult time maneuvering into the designated loading area. Landscaping. The site's landscaping plan appears to meet the requirements of the City Code. However, the applicant must demonstrate how the landscaping will be maintain. The landscape plan should show either an irrigation system or an outside spigot for watering and maintenance. Lighting. The applicant's photometric plan appears to meet the lighting standards outlined in Section 4.034(5). These standards state that the amount of light from any commercial use may not exceed 1 foot candle as measured from the center line of the street. Trash. The design and location of the applicant's trash enclosure appear to meet the City's requirements outlined in Section 4.034(8). Their plan show the enclosure will be located 20 feet from the northern property line and will have masonry walls on three sides and a front gate. This masonry material must match that used for the exterior of the principal building Signs. Building signage for this site may not exceed two signs having a total area of 250 square feet. The applicant's building elevations illustrate two wall sign totaling 133 square feet. In addition, the applicant's plans show a 98 square foot pylon sign. Both the building and freestanding pylon signs meet the sign standards for properties in the commercial districts. The applicant should submit an official sign application for approval by the City. Snow Storage. The site plan demonstrates that this site has adequate area for snow storage. Grading and Drainage. Considerable grading will be necessary to redevelop this site and construct an on-site storm water retention pond. The site plan illustrates that the on-site pond will be located behind the building in the northwestern corner of the site. The City Engineer should review and comment on this plan. Building. The applicant's has revised the exterior appearance of the proposed building to conform with the recommendation of the Design and Review Committee. These plans show a single story 5,400 square foot building. The exterior of the building will be a mix of aluminum, glass, and concrete block. The building will be painted either light or medium grey with an orange accent stripe around the top. In addition, the building plans showtwo windows along the south elevation. These windows appear to conflict with the internal layout of the building. The applicant should demonstrate that these windows will not conflict with the internal design of the store. RECOMMENDATION Staff recommends approval of the site plan for Auto Zone, Inc. located at 3601 Winnetka Avenue. This approval will allow the construction of a 5,400 square foot retail building. Our recommendation is based on the findings made in this report and the following plans: Topography Boundary Survey dated 2-2001, Demolition Plan dated 5-18-2001, Grading Plan dated 5-18-2001, Utility Plan dated 5-18-2001, Landscape Plan dated 5-18-2001, Lighting Plan dated 5-18-2001, Auto Zone Standard Detail Sheet dated 4-2-2001, Building Elevations dated received by the City on 5-25-01, and the Building Floor Plan. This recommendation is subject to the conditions outlined below. 1. The access along 36t" Avenue should be narrowed to meet the 26-foot requirement unless the applicant can demonstrate a need for it to remain at 30 feet. 2. Demonstrate howthe landscaping will be maintain. The landscape plan must show either an irrigation system or an outside spout for watering and maintenance. 3. All grading, drainage, and utility plans are subject to the review and approval of the City Engineer. pc: Doug Sandstad Steve Sondrall Vince Vandertop Auto Zone (PDV Midwest Refining, LLC) Bonestroo, Rosene, Andertik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer .,.,~neers & Architects and Employee Owned Principals: Otto Bonestroo, P.E. · Marvin L. Sorvata, P.E. · Glenn R. Cook, P.E. Robert G. Schunicht. P.E. · Jeff/A. Bourdon, P.E.  Senior Consultants: Robert W. Rosene, P.E. · Joseph C. Anderlik, P.E. Susan M. Ebedin, C.P.A. Associate Principals: Howard A. Sanford, P.E. · Keith A. Gordon, P.E. ~,~) ~)~ Richard W. Foster, P.E. · David O. Loskota, P.E. · Robert C. Russek, A.I.A. ° Mark A. Hanson, P.E. ° Michael T. Rautmann, P.E. · Ted K. Field, P.E. · Kenneth P. Anderson, P.E. · Mark R. Rolls, P.E. · - David A. Bonestroo, M.B.A. ,~.~:Lrtey-I~.~NilliamsorJ, .P.:E., L.S. · Agnes M. Ring, M.B..A., · .... Office' . Paul, Rochester, Willmar and St. Cloud, MN° Milwaukee'¥~7! MEMO / - Lr- c'-[ .3.,.tr \ .f ) TO: Doug Sandsta~x,,x ~,C3~42~,,. j ? // FROM: Vince Vander To~_~ CC: Mark Hanson Guy Johnson Kirk McDonald DATE: March 29, 2001 SUBJECT: Auto Zone, 3601 Winnetka Ave. Our File No. 34-Gen E01-06 We have received the plans for the redevelopment of the Auto Zone site. We have also received storm water calculations and documentation from CEI Engineers. The following comments relate to information received. 1. All site runoff is routed through an on-site storm water pond. This is required per the City's Surface Water Management Plan (SWMP). The degree ofponding must further be defined. The SWMP shows sediment traps for area runoff currently flowing directly into the Northwood wetland. It appears that the pond shown could be smaller. The pond must be designed based on the following criteria. · The pond must have a "wet volume". The volume must be equal to the total volume of runoff from 1.5" of rain in 24hrs. The current configuration does not include a wet volume. However, it does appear that the size of the pond may be reduced even with the inclusion Of a wet volume. · Typically, the minimum wet volume depth is 3 feet. · The pond must include an outlet skimmer structure. We have attached a copy of a skimmer structure detail from a recent City pond project. Other configurations can be considered. · "Flat" benches are typically required around water ponds. Bench widths are typically 10 feet and the slopes are 10 to 1. The limited space on the site makes this difficult. It would be preferred to include some kind of bench configuration, particularly abutting the building. Even a 5 to 1 bench would facilitate mowing and maintenance directly, behind the building. · The invert of the pond flared end inlet should be set at the NWL. · The pond outlet capacity is typically designed based on a ten-year event. Velocity and energy must be dissipated with rip rap at the pond outlet into the wetland as shown. 2335 West Highway 36 · St. Paul, MN 55113 · 651-636-4600 · Fax: 651-636.1311 ' · A 100-year overflow must be shown for the pond. ~s should be protected with rip rap such that the pond embankment does not erode during a 100-year event. · It is recommended that a maintenance agreement be established for the pond. 2. It is our understanding that this redevelopment application does not have to be reviewed by Bassett Creek Watershed. We are in the process of verifying this position with the Watershed Engineer. 3. The nmoff from the north side of the property and the building flows to the east and then south across the Winnetka Avenue Driveway. The spot elevation of 89.72 on the south side of the driveway appears to conflict with the rim elevation of 90.10 at the catch basin. This drainage pattern should be reviewed. The storm sewer may have to be extended to the north side of the driveway and a catch basin added. 4. The proposed plan shows the elimination of the two driveways closest to the intersection. Hennepin County will likely prefer this prOposed configuration over the existing. A driveway/access permit must be obtained from the County. The driveway aprons and curb and gutter must be removed. The sidewalk and curb and gutter must be replaced to match the adjacent materials and configuration. 5. In 1996 the City graded a pedestrian trail on the property immediately north of Auto Zone. This trail is part of the Northwood Park System. The trail was only graded. It may be improved including pavement at some time in the furore. The configuration of the trail required access to the Winnetka sidewalk at the NE comer of the Auto Zone property. We have attached a sketch of the Trail location as it relates to the sidewalk and Auto Zone property. The City and applicant should consider a trail access easement in the NE comer of the property. 6. ROW dedication must be reviewed along 36th Avenue and Winnetka Avenues. The submitted survey indicates a 33' ½ ROW along 36th Avenue. The City ½ section maps and previous construction plans indicate that a 40' ½ ROW exists. We have attached these documents. If40' ½ ROW does not exist, an additional 7 feet should be dedicated. A 33' ½ ROW is shown along Winnetka Avenue. Typically we require a minimum of a 40' ½ ROW along Winnetka and other County Roads. It is recommended that Dave Zetterstrom from Hennepin County provide comment on this issue. 7. The utility plan shows gas and sanitary sewer service coming from Winnetka Avenue. A ROW construction permit must be obtained from Hennepin County. 8. The utility plan also shows a new water service tapped into the main in 36th Avenue. This is not acceptable. Instead, it is proposed that a new curb stop be constructed on the existing 1" copper line at the ROW. A new 1" copper service can continue from the new stop box into the property as shown. End of memo 2335 West Highway 36 ~ St. Paul, MN 55113 [~ 651-636-4600 ~ FaX: 651-636-1311 Hennepin County Transportation Department 1600 Prairie Drive 763°745-7500, Phone Medina, MN 55340-$421 763-478-4000, FAX 763-478-4030, TDD www. co.hen nepin.mn.us. May 18, 2001 City of New Hope ' 4401 Xylon Ave. N. New Hope, M2q 55428 Re: Proposed Auto Zone, Northwest Quadrant 36th Avenue at CSAH 156 (Winnetka Avenue) Kirk: Thank you for the submittal regarding the above-noted proposal. All of the actions proposed by the city (7-foot additional highway easement and access revisions to CSAH 156) are strongly supported by Hennepin County. The only additional comment is that a sight lriangle (20'-25' along both 36th and Wiune~a) might be appropriate to enhance visibility and create a pedestrian refuge area. Please remind the developer to obtain appropriate access and utility permits prior to construction. Again, thanks and please call me at 763-745-7643 with further questions or discussion. Sincerely, Entrance Permit Coordinator DICE C: Ben Tellefson, Hennepin County Permit Office An Equal Opportunity Employer Recycled Paper CITY OF NEW HOPE SPECIAL ZONING PROCEDURES APPLICATION LOG A B C D E F G H I J Appli- Applicant Date Date Applicant Date 60- Date 120- Date Deadline Date City Date City cation application was sent day time day time Applicant for City approved or sent response number Name received notice limit limit was notified action denied the to Applicant Address by City that required expires expires of under application Phone information extension extension was missing or waiver 01-05 AutoZone, Inc. 5/11/01 7/10/01 9/8/01 CEI Engineering Assoc. Inc. P.O. Box 1408 3317 SW 'T' Street Bentonville, AR 72712-1408 Jeremy Yee, Project Mgr 501-273-9472 Boxes A-C and E-F will always be filled out. Whether the other boxes are filled out depends on the City's procedures and the date of a specific application. A. Assign each application a number. B. List the Applicant (name, address and phone). C. List the date the City received the application. D. List the date the City sent the Applicant notice that required information was missing. If the City gives such notice, it must do so within 10 business days after the date in Box C. If the time clock is "restarted" by such a notice, assign the application a new number and record all subsequent deadlines on a new line. E. To calculate the 60-day limit, include all calendar days. F. To calculate the 120-day limit, include all calendar days. G. Despite the automatic extension, the City will notify the Applicant a second time by mail that a 120-day approval period applies to the application. (The date in Box G must come before the date in Boxes E and F.) H. List the deadline under any extension or waiver. I. The City must act before the deadline. (The date in Box I must come before the date in Boxes E or F, or, if applicable, Box H.) J. List the date that the City sent notice of its action to the Applicant. It is best if the City not only takes action within the time limit, but also notifies the Applicant before the time limit expires. Memorandum To: Planning Commission Members From: Kirk McDonald, Director of Community Development Date: June 1, 2001 Subject: Miscellaneous Issues NOTE: The purpose of this miscellaneous issues memo is to provide commissioners with additional detail on CouncilIEDA/HRA actions on Community Development related issues or other City projects. It is not required reading and is optional information provided for your review, at your discretion. 1. May 14 Council Meetinq - At the May 14 Council meeting, the Council took action on the following planning/development/housing issues: · Resolution Accepting Resignation of Steven Bot from the New Hope Plannin.q Commission and Extending Appreciation for His Service: Approved, see attached Council request. · Project #699, Motion to Proceed with a Written Offer to Purchase the Property at 7901 49~ Avenue for its Appraised Value of $99,000: Deleted from agenda. · Projects #664, 676, 670 and 696, Resolution Approvin.q Change Order #1 in the Demolition Contract for Structures Located at 5406, 5410, 5412~ 5420 and 5532 Winnetka Avenue in the Amount of $550 for Well Abandonment at 5510 Winnetka: Approved, see attached Council request. · Project #678, Resolution Approving Chan.qe Order #3 for the 4864 Fla.q Avenue House Construction Contract in the Amount of $950: Approved, see attached Council request. · Proiect #678, MotiOn Approving First and Final Payment to Atlas Foundation Co. in the Contract Amount of $22,100 for Piling Installation at 4864 Fla.q Avehue: Approved, see attached Council request. · PC01-04, Request for CUP to Allow Construction of a 70' Galvanized Steel Monopole, Equipment Platform, and Equipment Within a 25' by 30' Lease Area, 3940 Quebec Avenue: Approved as recommended by the Planning Commission. · Discussion Re.clardin.q Gull Dispersal Pilot Project: Council determined no further action was necessary at this time due to the fact that the birds are nesting. 2. May 29 Council Meetinq - At the May 29 Council meeting, the Council took action on the following planning/development/housing issues: · Proiect #626, Motion Approvin.q the Development of Plans and Specifications for the 36th Avenue Improvements: Authorized staff to develop plans and specifications, see attached CounCil request. 3. Codes & Standards Committee - Codes & Standards did not meet. Will meet in future on Industrial District screening issues and several other issues. 4. Design & Review Committee - Design & Review met in May to review the AutoZone plans and Preimesberger expansion plans. Following the July application deadline on June 8, staff will notify Committee members whether or not a meeting is necessary on June 14. 5. Proiect Bulletins - Enclosed for your information are a project bulletins regarding Winnetka Avenue properties, 7105 62nd Avenue, and gull dispersal pilot project. 6. Future - Now that the Zoning Code is completed, the City will be working on two additional projects: A) Livable Communities Grant - Staff has received a draft proposal from Northwest Consultants on this project, which is attached and is in the process of being reviewed. Comments from Commissions are welcome and will be discussed at the June meeting. The next step after that will be developing a committee, timeline and workplan, and several commissioners have volunteered to serve on the committee. B) Visioninq - The City may initiate a visioning process later this year in conjunction with the TwinWest Chamber of Commerce Business Council. The Comprehensive Plan identifies areas to be redevel0ped and the Zoning Code update is intended to facilitate redevelopment and expansion. A visioning process, which would involve all segments of the community, would specifically identify certain uses, designs, etc. for areas to be redeveloped. Several metro cities have used this process with some success, including St. Louis Park. 7. Other - The City is being approached by a Charter School organization that wants to locate in an industrial building on Winnetka. Staff will update Commission members at the meeting. Attachments: Bot Resignation Change Order Winnetka Demos Change Order 4864 Flag Avenue Final Payment for Piling Installation at 4864 Flag Gull Dispersal Pilot Project 36th Avenue Improvements Project Bulletins NAC Livable Communities Grant Proposal . ~ COUNCIL REQUEST FOR ACTION Originating Department Approved. for Agenda Agenda 'Section Community Development T'"',,, 05-14-01 .... Consent ..... Item No. By: Kirk McDonald , By: ? 6.6 RESOLUTION ACCEPTING RESIGNATION OF STEVEN BOT FROM THE NEW HOPE PLANNING COMMISSION AND EXTENDING APPRECIATION FOR HIS SERVICE REQUESTED ACTION The attached resolution accepts Steven Bot's resignation effective May 14, 2001, from the New Hope Planning Commission and extends appreciation for his service on the Commission. BACKGROUND Bot has informed the City that he is resigning from the Planning Commission due to the fact that he has accepted a job offer with the City of Hopkins, which requires that he attend City Council meetings on the first and third Tuesday evenings of the month. The New Hope Planning Commission meets on the first Tuesday of each month, therefore, he would not be able to attend Planning Commission meetings in New Hope on the first Tuesday of the month. Bot was appointed to the Planning Commission by the City Council in December 2000 and took the oath of office for the Planning Commission and was elected Third Officer at his first meeting in February 2001. During his tenure, Steve reviewed and made recommendations on two communication towers and the Zoning Code update. The City is very grateful to Bot for his volunteer service and extends its sincere appreciation. Bot has indicated that he would be willing to serve in other voluntary capacities for the City involving development issues that do not conflict with his new job, so he may be a good person to consider for the Livable Communities Task Force or for a'future "visioning" committee. A'i-rACHMENTS · Resolution · Email Resignation MOTION SECOND BY BY . "~ ..~ COUNCIL '- ~' Originating Department Approved for Agenda Agenda Section Community Development ~ Consent Item No. 05-14-01 By: Kirk McDonald & Ken Doresk~/ B~/: 6.8 RESOLUTION APPROVING CHANGE fORDER NO. I IN THE DEMOLITION CONTRACT FOR STRUCTURES LOCATED AT 5406, 5410-5412, 5420 AND 5532 WINNETKA AVENUE NORTH, IN THE AMOUNT OF $550.00 FOR WELL ABANDONMENT AT 5510 WINNETKA AVENUE NORTH (IMPROVEMENT PROJECTS 664, 676, 670 AND 696) ~,CTION REQUESTED Staff is requesting a Council resolution to approve Change Order No. I for the cost to seal a well at 5410 Winnetka Avenue North. Change Order No. 1 will increase the demolition contract by $550.00 from $24,794.00 to $25,344.00. This change order has been reviewed and approved by the City Manager, which was necessary to keep the project on schedule. POLICY/PAST PRACTICE Change orders are a result of unforeseen project costs. BACKGROUND On April 23, 2001, the Council awarded a demolition contract for structures located at 5406, 5410-5412, 5420 and 5532 Winnetka Avenue North to Kevitt Excavating in the amount of $24,794.00. On May 4, 2001, Kevitt Excavating discovered that an unsealed well existed beneath a concrete stoop. On May 7, 2001, Kevitt Excavating provided the City with an cost estimate of $550 to seal the well. Finally, on May 7, 2001, the City Manager reviewed and approved Change Order No. 1. When the City was developing the demolition specifications for this contract, it was believed that a well existed behind 5410 Winnetka Avenue North, but this could not be determined until the back stoop was excavated. It appeared that the previous property owner had constructed a stoop over the possible well location. The demolition specifications stated that if a well was found and a mutually agreeable estimate was provided to seal the well, a change order could be processed to accommodate the additional work. The City purchased the two properties at 5410 and 5412 Winnetka for a reasonable price of $136,000 and the understanding with the property owner was that the City would be responsible for any additional costs. The City paid for the sealing of the well at 5412 Winnetka through a separate quotation award prior to the award of the current demolition contract. MOTION BY SECOND BY TO: ., · Requ~,st for Action Page 2 FUNDING All demolition costs will be paid for with tax increment financing funds. A'R'ACHMENTS · Location Map · Resolution · Kevitt Excavating Well Sealing Estimate · Demolition Specifications " COUNCIL ~ \ f' Originating Department Approved for Agenda Agenda Section Community Development ~ Consent Item No. 05-14-01 By: Kirk McDonald & Ken Doresk~/ By: 6.9 RESOLUTION APPROVING CHANGE ORDER NO. 3 FOR THE 4864 FLAG AVENUE NORTH HOUSE CONSTRUCTION CONTRACT IN THE AMOUNT OF $950.00 (IMPROVEMENT PROJECT #678) ACTION REQUESTED Staff is requesting a Council resolution to approve change order #3 to accommodate a matedal request. Change Order No. 3 will increase the 4864 Flag Avenue house contract by $950.00 from $156,589.00 to $157,539.00. This change order has been reviewed and approved by the City Manager, which was necessary to keep the project on schedule. POLICY/PAST PRACTICE Change orders are a result of unforeseen project costs. BACKGROUND On March 26, 2001, the Council approved a development agreement with the CHDO, as well as, contracts for the house construction and piling installation at 4864 Flag Avenue. The Council awarded the 4864 Flag Avenue North home construction contract to the Iow bidder, S.V.K. Development Inc. in the amount of $155,589.00. Previously, two change orders have been issued for this project. Change Order No. 1 was an administrative contract language change which did not increase the contract amount. On April 23, 2001, the Council approved Change Order No. 2 to accommodate a sanitary sewer line matedal change due to unstable soils that resulted in an increased contract amount of $1000.00. Change Order No. 3 is to purchase gravel to place in the excavation pit. Due to the large amount of rain that occurred during the excavation of the site. Per attached letter, $.V.K. requested that the City approve an additional $950.00 to place gravel in the excavation pit. FUNDING CDBG funds were used to pay for the land acquisition and will be used to pay for the installation of pilings and ~redevelopment work. HOME funds will be available from the five-city CHDO for a second mortgage. The ~roceeds from the sale of the home will be used to fund the new construction. Please see the detailed budget attached. MOTION BY SECOND BY TO: REQUEST FOR ACTION.. Originating Department Approved for Agenda Agenda Section Community Development Consent Item No. 05-14-01 By: Kirk McDonald & Ken Doresk¥ B~/: 6.10 MOTION APPROVING FIRST AND FINAL PAYMENT TO ATLAS FOUNDATION CO. IN THE CONTRACT AMOUNT OF $22,100.00 FOR PILING INSTALLATION AT 4864 FLAG AVENUE NORTH (IMPROVEMENT PROJECT NO. 678) ACTION REQUESTED Staff recommends approval of a motion authorizing the first and final payment to Atlas Foundation Co. in the contract amount of $22,100.00 for the installation of pilings at 4864 Flag Avenue North. POLICY/PAST PRACTICE Before final payment is made for City contracts, the request is brought before the Council for approval. BACKGROUND On March 26, 2001, the Council awarded the contract for piling installation at 4864 Flag Avenue North to Atlas Foundation Co. in the amount of $22,100.00. The first and final invoice submitted by Atlas is $22,100.00. Per the attached memorandum, the City Engineer has overseen the installation of the pilings and recommends approval of the first and final payment in the contract amount of $22,100.00. The pilings were installed during the week of Apdl 23, 2001. Construction of the single-family home on the site will continue through the summer months and should be completed by the end of August 2001. Staff recommends approval of this motion. FUNDING CDBG funds will be used to pay for the installation of pilings. ATTACHMENTS · Location Map · City Engineer's Correspondence · Atlas Foundation Co. Invoice MOTION BY SECOND BY TO: COUN'CZL REi UEST FOR ACTION Originating Department Approved for Agenda Agenda Section Development & Community Development 5-14-01 ?1ann±n§  Item No. By: Kirk McDonald By: 8.3 / DISCUSSION REGARDING GULL DISPERSAL PILOT PROJECT REQUESTED ACTION City staff is requesting that the Council discuss the pilot project and provide direction to staff regarding any future action. POLICY/PAST PRACTICE In March, the City Council initiated a gull dispersal pilot project and authorized the expenditure of up to $1,000 for the purchase of several bird dispersal mechanisms that were placed on the'roof of a neighboring industrial property. BACKGROUND Residential property owners in the area north of 54~ Avenue near Begin Park complained to the City for several years about gulls congregating and nesting on the roof of the warehouse located at 8201 54m Avenue. The noise problem was confirmed in May 2000 when nighttime noise level monitoring was conducted. The City Council directed staff to research this issue. City staff inspected the rooftop of the warehouse last summer and conducted several meetings with representatives of the Department of Natural Resources (DNR), the property owner, and the neighborhood to discuss the issue. The City also conducted a neighborhood meeting at the site in September 2000 to discuss options with residents. The DNR indicated that the keys to effective bird dispersal programs were timing, ~ersistence, organization, and diversity. City staff researched a number of dispersal alternatives and costs to ~resent to the City Council for consideration. The options considered focused on three broad areas: noise ~roducing mechanisms, light mechanisms, and visual scare products. The effect and intent of these mechanisms is not to harm the gulls, but to deter them from the rooftop area. (cont'd.) MOTION BY SECOND BY TO: ' Request for Action Page 2 . In an effort to address the neighborhood's concern, on March 26 the City Council authorized expenditure of up to $1,000 for a bird dispersal pilot project. The City placed an order for a noise producing mechanism and several visual scare products, which were placed on the roof of the warehouse. The City wants to stress that this is only a pilot project and cannot guarantee that the products will repel the gulls. The Animal Control Officer of the City, with assistance from other departments, will help coordinate the program and monitor the results to determine if the test project is effective. The City considered this as a cooperative pilot project among the residents, business, and the City: Residents - made the City aware of the problem, coordinated with City on potential solutions, and the City would appreciate your continued feedback on whether the pilot project is having any noticeable results. Business - has cooperated with the residents and City on this issue by installing a new ships ladder to provide safe access to the roof, and is allowing dispersal equipment to be placed on building roof. City - coordinated with both residents and the property manager on this issue, purchased equipment, and will install equipment and monitor situation. The equipment and scare products were placed on the roof the first part of April and the Animal Control Officer spent a great deal of time dudng April installing, monitoring and replacing the equipment. The high winds and heavy rainfall during April hampered the use of the equipment. The mylar tape was shredded and had to be replaced twice, the kites came loose several times and the results of the noise machine were questionable. While the scare tactics often kept the birds off the roof during the day, they often returned in eady morning hours. On Apdl 27, the Animal Control Officer found evidence that the birds were beginning to nest and on April 30 five nests with eggs were found. Due to the protected status of the gulls, no further actions have been taken. On May 2, the enclosed correspondence was received from an adjacent property owner (5201 Winnetka) requesting similar assistance. Due to the fact that the gulls have laid some eggs at the first building and the City has tentatively ceased the dispersal program, staff is recommending that no further action be taken at this time on either building. ATTACHMENTS · Request from Property Owner · Animal Control Officer Report · Proiect Bulletin · Site Map REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Pubic Works May 28, 2001 Planning and Development_ By: Guy Johnson By: , 8.1 ,., MOTION APPROVING THE DEVELOPMENT OF PLANS AND SPECIFICATIONS FOR THE 36r" AVENUE IMPROVEMENTS (PROJECT 626) REQUESTED ACTIO,,N Staff is recommending that Council pass a molion approving the development of plans and specifications for improvements to 36m Avenue to the degree necessary to met requirements for Minnesota State Aid request submittals. BACKGROUND The City has been working with Bonestwo and Associates, and with Benschoof and Associates in the planning of improvements to 36m Avenue. In order to procure State Aid funding for this project, any new roadway design must meet State Aid criteria. By approving the development of plans, we can begin putting together the documents we will need to present to State representatives in order to secure this funding. MOTION BY SECOND BY TO: ! .,,,~-~,, ~ PROJECT NO. 653, · ,~,.\A_~.~_ _O?,, 664, 669, 670, 676, PROJECT BULLETIN 5340, 5406, 5410, 5412, 5420, 5532 & 5550 Winnetka Avenue North Overview Over the past year, the City of New Hope has purchased 5340, 5406, 5410, 5412, 5420, 5532 and 5550 Winnetka Avenue North from willing sellers and moved or demolished the structures on the properties. The City plans to continue acquiring properties along the east side of Winnetka between 5340 and 5550 as they become available. The City intends to utilize these lots for future single-family residential redevelopment purposes. Within the several weeks, the City plans to evaluate the vegetation on the City- owned properties and hire a firm to remove what is necessary to give the properties a park-like appearance. Recently, the City obtained a Livable Communities Grant from the Metropolitan Council to study the roughly quarter-mile area surrounding the Bass Lake Road/Winnetka intersection. The City will be conducting neighborhood meetings in the next several months to discuss potential opportunities in the area. Neighboring property owners will be notified as the redevelopment process proceeds. In the interim, the City-owned properties in the area will be land banked and remain vacant. .Site Upkeep The City will maintain the sites. As a neighboring property owner, if you notice any suspicious activity on the property, please contact the New Hope Police Department at 911 anytime day or night. Construction Hours Construction activities may occur between the hours of 7 a.m. and 10 p.m., Monday through Friday, and between 9 a.m. and 9 p.m. on weekends and holidays. All work will take place during these hours. City Contacts If you have questions or comments regarding these properties, please contact Ken Doresky, Community Development Specialist, at 763-531-5137, or Kirk McDonald, Director of Community Development, at 763-531-5119. The City appreciates the cooperation of all residents and businesses in the area that may be impacted by this project. Additional bulletins will be sent to you as the project progresses. Thank you for your cooperation. City of New Hope, 4401 Xylon Avenue North, New Hope, MN 55428 5/15/01 · ~¥~ ' PROJECT NO. 685 ~ ' I 7105 62nd Avenue North Overview As you may be aware, in the fall of 2000 the City purchased 7105 62nd Avenue North from a willing seller. The original intention was to rehabilitate the existing home. Upon further inspection, City staff found that the foundation of the existing home was failing. The City Council directed staff to remove the existing structure and construct an accessible twinhome on the site similar to the twinhome located directly to the south of the lot. Staff is currently researching accessible twinhome options for the site. During the summer months, staff will arrange for removal of the home, garage, foundation and other site features from the lot. The home and garage will either be moved or demolished, and demolition of the foundation will occur shortly thereafter. The site will then be restored and prepared for redevelopment. Neighboring property owners will be notified as the redevelopment process proceeds. Site Upkeep The City will maintain the site. As a neighboring property owner, if you notice any suspicious activity on the property, please contact the New Hope Police Department at 911 anytime day or night. Construction Hours When needed, construction activities may occur between the hours of 7 a.m. and 10 p.m., Monday through Friday, and between 9 a.m. and 9 p.m. on weekends and holidays. All work will take place during these hours. City Contacts If you have questions or comments regarding this property, please contact Ken Doresky, Community Development Specialist, at 763-531-5137, or Kirk McDonald, Director of Community Development, at 763-531-5119. The City appreciates the cooperation of all residents and businesses in the area that may be impacted by this project.. Additional bulletins will be sent to you as the project progresses. Thank you for your cooperation. City of New Hope, 4401 Xylon Avenue NOrth, New Hope, MN 55428 5/17/01 Bulletin #2 PROJECT BULLETIN JOINT COMMUNITY/BUSINESS/CITY GULL DISPERSAL PILOT PROJECT 8201 54 TM AVENUE Pilot Project Suspended In spite of the City's efforts to try and disperse the gulls from the roof of the warehouse building at 8201 54~ Avenue North, the gulls have built several nests on the roof and laid eggs. Due to the protected status of the gulls once they have nested, the City Council has determined that no further action will be taken at this time. Back.qround In an effort to address the neighborhood's concern about the noise and health issues related to gulls congregating and nesting on the warehouse roof, on March 26 the City Council authorized expenditure of up to $1,000 for a bird dispersal pilot project. The City placed an order for a noise producing mechanism and several visual scare products which were placed on the roof of the warehouse. The City stressed that this was only a pilot project and could not guarantee that the products would repel the gulls. The Animal Control Officer of the City, with assistance from other departments, helped coordinate the program and monitor the results to determine if the test project was effective. The equipment and scare products were placed on the roof the first part of April. The Animal Control Officer spent a great deal of time during April installing, monitorir~g and replacing the equipment. The high winds and heavy rainfall during April hampered the use of the equipment. The mylar tape was shredded and was replaced twice, the kites came loose several times, and the results of the noise machine were questionable. While the scare tactics generally kept the birds off the roof during the day, they often returned in early morning hours. On April 27, the Animal Control Officer found evidence that the birds were beginning to nest and on April 30 found five nests with eggs. Due to the protected status of the gulls, the scare equipment was removed from the roof. This information was discussed by the New Hope City Council at the May 14 Council meeting. Taking all of the facts into consideration, the Council directed that no further action be taken by the City at this time. The City Council stressed that the City had made its best effort to try and address this neighborhood concern and that it appreciated the cooperation of the residents and property owner during this pilot project. City Contacts If you have questions or comments about the pilot project, please contact Tom Mahan, New Hope Animal Control Officer, at 763-531-5161, or Kirk McDonald, Community Development Director, at 763-531-5119. City of New Hope, 4401 Xylon Avenue North, New Hope, MN 55428 5/17/01 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners~nacplanning.com MEMO~NDUM TO: Kirk McDonald FROM: Alan Brixius DATE: May 15, 2001 RE: New Hope - Livable Communities Grant FILE NO: 131.00 - 00.04 BACKGROUND New Hope was successful in receiving a $60,000 Livable Communities Grant from the Metropolitan Council for the Hope Village Redevelopment Area (Bass Lake Road Corridor). the City has defined the redevelopment study area and has proposed preliminary land and concept plans that illustrate the general intent of its redevelopment efforts. The City must now outline a work program that defines the planning steps and tests the project feasibility. WORK PROGRAM I. Public Participation: the Livable Communities Grant Program emphasizes a high level of public participation. This work program envisions three levels of public participation at the beginning of the project: A. Meeting with property owners to assess the level of interest or cooperation in participating in the redevelopment efforts. The startup meeting with the property owners will help geographically define our project target areas and allow the City to focus our efforts and resources. This meeting would include: 1. Presentation and discussion of the concept plans. 2. Outlining the subsequent planning and implementation process. 3. Identification of land acquisition opportunities versus eminent domain areas. 4. Outlining acquisition and relocation benefits to the property owners. 5. Gaining permission for property access for future planning steps. B. Neighborhood meetings to present City redevelopment concepts and to solicit input on area issues and opportunities for the redevelopment plan. The redevelopment concepts will be presented to gain neighborhood insight on issues of land use, housing, transportation, open space and/or utilities. C. Developers meeting. Early in the process, we would recommend a round table meeting with select developers who may be interested in the project. Through this meeting the City would gather information on the project feasibility, concept design, marketability, housing types and prices. The meeting would help to develop the scope of work for the market studies. II. Infrastructure Planning: The City Engineer will conduct an evaluation of the in- place infrastructure (i.e., sanitary sewer, water, storm water management, and streets) to identify infrastructure improvements that are necessary to support the land use density or intensity proposed within the concept plan. The infrastructure improvements will identify needed improvements and costs to assist in defining the redevelopment project budget and future implementation steps. III. Redevelopment Costs: The following costs must be defined to establish a project budget and help to identify funding resources. A. Property appraisals/acquisition B. Estimates for building demolition C. Relocation benefits D. Utility costs E. Street improvements IV. Market Studies: The scope and focus of the market studies should be defined through the meetings with perspective developers. The market studies should define: A. The project feasibility B. Marketable housing types, prices/rents C. Marketable commercial space D. Sale price for redevelopment site V. Public Assistance: Some level of public financial assistance will be required to prepare the sites for redevelopment. '" A. Redevelopment costs B. Public financing options C. Available non-local funding options VI. Request for Proposal from Developers A. Preparation of RFP based on the desired redevelopment and product B. Selection of preferred developers The aforementioned work program is intended to promote public participation while narrowing the scope of the project. After the completion of each task, the City may assess the feasibility and practicality of the various redevelopment efforts and pursue those that have the greatest opportunity for success. In this respect, the work program may be modified as the project progresses. The following section assigns the work tasks to appropriate City staff. WORK ASSIGNMENTS I. Preparation for Public Meetings A. Display Boards - City Staff/NAC B. Presentation format, outline - City staff/NAC/BRA C. Relocation Information - Relocation Specialist/City Attorney D. Meeting attendance - City staff/NAC/BRA/R-S E. Meeting issue summaries - NAC F. Revisions to concept plan if needed - NAC II. Infrastructure Planning - BRA/City Staff II!. Redevelopment Costs A. Property appraisals - Land Appraiser/City Attorney B. Demolition costs - City staff C. Relocation benefit - Relocation Specialist/City Attorney D. Street/utility costs - BRA E. Summary of project cost - City staff/NAC/BRA IV. Market Studies - Krass Monroe, NAC, City staff, Market Specialist V. Public Assistance - Krass Monroe, City staff, NAC/City Attorney V. Request for Proposal from Developers A. Preparation of RFP - City Staff/NAC/BRA B. Selection of preferred developers - City Staff/NAC/BRA C. Examination of project proposals - City staff/NAC/BRA D. Planning Commission review and recommendation E. Council decision on developer(s) pc: Mark Hanson Steve Sondrall 4