Loading...
HomeMy WebLinkAbout1983 04-14 PCP Planning Commission Information Sheet Application No. 83013 Applicant: Stanley T. Hahn Location: 4014-69th Avenue North Request: Preliminary Plat The applicant requests preliminary plat approval to subdivide into three lots the parcel of land lying between Grimes Avenue North on the east and Halifax Avenue North on the we.st, north of 69th Avenue North. The property is zoned R1 and is presently described as Outlot 1, Bobendriers 4th Addition. The proposed legal description is: Lots 1, 2 and 3, Hahn 1st Addition. The parcel is presently occupied by an old farmhouse and barn which have remained on the property while the surrounding neighborhood was platted and developed with single-family homes . The present owner, Mr. Hahn, intends to remove the barn, which is quite dilapidated, and plat two interior residential lots , one facing Grimes Avenue North, the other Halifax Avenue North. The owner also intends to refurbish his residence which is the large existing farmhouse on the southerly portion of the property. The existing parcel is 177 ' x 270 ' for a total area of 47 ,790 sq. ft. The two new interior lots (Lots 1 and 2) will be 75 ' x 135 ' , or 10 ,125 sq. ft. each. The remaining lot (Lot 3) will be 102 ' x 270 ' , 27 ,540 sq. ft. , or more than enough land for two corner lots (the ordinance requirements for corner lots are 90 ' width and 10,500 sq. ft. area) . The existing house has no setback conflicts with the proposed north property line of Lot 3. It is, however, nonconforming as to setback from 69th Avenue North, which has been a major thoroughfare as defined by Section 35-900 of the Zoning Ordinance (all County roads are major thoroughfares) . However, since 69th Avenue North has been abandoned by the County, it is now a City street and its major thoroughfare designation could be discontinued if the Planning Commission and City Council feel it is no longer necessary to keep this designation. (We will be prepared to discuss this matter further at Thursday' s meeting.) In any case, the nonconforming setback is an existing condition which does not require a variance action; nor does it affect the proposed plat since no new nonconformity is being created. The proposed plat indicates some erroneous setback distances , namely the side corner setback off 69th Avenue North (unless the major thoroughfare designation is removed) and the rear setbacks on the interior lots (25 ' is listed; actually the setback is 30% of the yard area which, on a 135 ' deep lot, is about 40 ' ) . The plat also -desig- nates 5 ' wide drainage and utility easements along all interior property lines in the plat and along the rear property line separating Lots 1 and 2. We recommend that the easements along the interior property lines be eliminated as they conflict with the setback requirement for garages which is only 3 feet. Although there are minor deficiencies in the plat, the primary re- quirements of lot size, depth and frontage are met. Approval is, therefore, recommended subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 4-14-83 -1- Application No. 83013 continued 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The existing barn shall be removed prior to final plat approval. 4 . The plat shall be modified to eliminate the 5 ' wide drainage and utility easements along interior property lines within the plat. 4-14-83 -2- Planning Commission Information Sheet Application No. 83014 Applicant: First Federal Savings and Loan Location: 2901 Northway Drive Request: Site and Building Plan The applicant requests site and building plan approval to construct an addition in- volving a new teller station and a canopy for five drive-up lanes at the First Federal Savings and Loan, 2901 Northway Drive. The property in question is zoned C2 and is surrounded by County Road 10 on the south, Northway Drive on the east and north, and by the Grecian Health Spa on the east (St. Paul Book and Stationery is also located just east of the Savings and Loan) . The proposed expansion will have a major effect on the driveway area surrounding the building. Beginning at the southwest portion of the site, the driveway will be widened to provide more stacking space for vehicles waiting to use' the drive-up lanes. The expanded driving lane will still leave a 20' wide greenstrip adjacent to the south property line, but only a 4' greenstrip adjacent to the southeast property- line next to the turning lane from Northway Drive onto County Road 10. This deficiency is the basis for variance Application No. 83015. Once past the drive-up lanes, cars will be able to go left to the westerly access for a left turn out onto Northway Drive, or may use a new right-turn-only exit leading to County Road 10. The new right-turn-only exit will replace the existing easterly access to the site, which will be landscaped over. Although the proposal involves the loss of five parking stalls and the addition of building floor area, the existing parking surplus is such that, even after the addition, the site will have 45 stalls while only 34 are required. The proposed site changes will eliminate some landscaping southeast of the building and cause the relocation to the south of two trees from the area of the right-turn- only exit. In addition, the landscape plan proposes one new Marshall Ash, three (3) Mugho Pine and three (3) Dwarf Cranberry in the easterly greenstrip. Also, eight (8) Globe Arborvitae are scheduled in an area in the southwest corner of the site where First Federal intends to relocate its freestanding sign. Drainage on the southerly portion of the site is to be handled by curb openings along the south edge of the perimeter driving lane, allowing runoff to drain in the southerly greenstrip area. Drainage over most of the site will flow toward the two access points where it will be collected in catch basins and conveyed by storm sewer to the City storm sewer in Northway Drive. The slope from the drive-up lanes to the right-turn-only exit is just under 5% which is considered fairly steep in winter driving conditions. The expansion of the driving lane also necessitates a temporary construction easement roughly 12' x 120' into the right-of-way adjacent to the right turn lane from Northway Drive to County Road 10. The building exterior of the addition will match the existing brick. The new teller station will be dropped one step below the existing floor level in order to keep the grade in the driveway less than 50110. An automatic teller machine and night deposit box will also be installed along the east wall of the building. The plans have not yet been certified by a registered architect; however, this will be accomplished prior to issuance of building permits . the The plans are islrecommended,asubject Jtotatoleast�thebfollowing variance a faorale action on request, approval val 4-14-83 -1' Application No. 83014 continued 1 . Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equip- ment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. Existing curb shall be continued around all parking and driving areas. 9. The applicant shall obtain from the County a temporary construction easement to relocate the slope from the driving lane to the boulevard southeast of the building. 4-14-83 -2- Planning Commission Information Sheet Application No. 83015 Applicant: First Federal Savings and Loan Location: 2901 Northway Drive Request: Variance The applicant requests a variance from Section 35-700 of the Zoning Ordinance to allow a 4' wide greenstrip adjacent to public right-of-way rather than the 15' required by ordinance. The land in question is zoned C2 and is bounded by County Road 10 on the south, by Northway Drive on the east and north, and by the Grecian Health Spa on the west. The variance request is an outgrowth of a plan to add five drive-up teller lanes to the east of the building .(see Application No. 83014) . This addition involves the expansion of the driving lane along the south and southeasterly portions of the site. It is adjacent to the southeast property line that the green- strip narrows to 4' (see plan attached) . The applicant's representative has submitted a letter requesting the variance. In the letter, it is argued that it is impossible to construct the canopy approach without encroaching into the greenstrip area because of the unusual relationship between the property line and the curb line of the street. The distance between the two varies between 40' and 55' . The letter notes that keeping the greenstrip at 15' would limit the expansion to two drive-up lanes. This , they say, is impractical . The letter also points out that, even if the variance is granted, the driving lane will still be further from the street than is generally the case. The Board of Adjustments and Appeals may recommend and the City Council may grant 'si s of the Zoning Ordinance in instances where variances from the literal provisions g strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. A variance may be granted by the City Council after demonstration by evidence that all of the following qualifications are met: a) Because of the particular physical surroundings, shape, or topo- graphical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as .distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. b) The conditions upon which the application for a vriance is based are unique to the parcel of land for which the variance is sought, and are not common, generally, to other property within the same zoning classification. c) The alleged hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land. d) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. There have been three applications for greenstrip variances in the past six years. Two have been approved and one denied. Application No. 77034 by Richard Rockstad sought a reduction in the required 35' greenstrip for Cl uses adjacent to major thoroughfares to 20' . This case was a new development on an empty parcel of land and the variance was denied. A later application by Pilgrim Cleaners (Application No. 78009') which involved the remodeling of an abandoned gas station and allowing less than a 15' greenstrip was approved on the grounds that it allowed for the 4-14-83 -1- Application No. 83015 continued provision of more parking (though the site was still deficient). Finally, Appli- cation No. 80028 by Harron Methodist Church was approved to allow a 10' wide green- strip adjacent to Dupont Avenue North in order that realistic parking plan might be implemented. The current situation certainly seems to be unique. The configuration of the right-of-way/roadway alignment is such that, even with the variance, 45' to 60' of green area will still remain. This is about twice the normal greenspace and more than will exist further west on the site adjacent to County Road 10. These points tend to meet standards (b) uniqueness and (d) adverse impact. Standard (a) regarding hardship would also seem to be met. The addition to the bank is reasonable as pro-_ posed and would be impractical as a two-lane drive-up. Also, placing the drive-up on the west side of the building would require a complete remodeling of the inside of the bank and an unorthodox traffic pattern on the site. These results seem to qualify as hardships. There is the alternative of foregoing the drive-up expansion altogether; but, in light of the minimal public sacrifice (11 more feet of excess green area) , it seems unreasonable to deny the addition for such an inconsequential encroachment. Finally, the current situation is not the result of actions taken by the bank, but is caused by previous right-of-way takings and by ordinance requirements. Based on the foregoing, we concur with the request of the applicant for a variance from Section 35-700 of the Zoning Ordinance and recommend its approval on the grounds that the standards for a variance are met. 4-14-83 -2- Planning Commission Information Sheet Application No. 83016 Applicant: Glen E. Schutz Location: 3801-72nd Avenue North Request: Special Use The applicant requests special use permit approval to conduct a small engine repair and saw sharpening home occupation in the garage of the residence at 3801-72nd Avenue North. The property in question is zoned R1 and is bounded by 72nd Avenue North on the north and by single-family homes on the east, south and west. The applicant has submitted a letter (typed copy attached) in which he explains various aspects of the home occupation. The activity would be located in a detached double garage on the premises . No outside employee is involved. Hours would be from 9 :00 a.m. to 6:00 p.m. weekdays and 9 :00 a:m. to 3:00 p.m. Saturday. Equipment used would be general small tools. The applicant presently has a fire extinguisher in his garage. He states that there is plenty of parking space in his driveway (presumably two cars wide) . Finally, he states that he intends to have a sign in his yard advertising the service. Such signs are limited to 2.5 sq. - ft. in area. Mr. Schutz has stated to the staff that he does not wish to do any- thing which would cause an annoyance to the neighborhood. He wishes to engage in the home occupation like most people, in order to bring in some income. This home occupation is not unlike many others that have been granted in the past. We see no reason the permit should be denied. Approval is, therefore, recommended subject to at least the following conditions : 1. The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes , ordinances and regulations and any violation thereof shall be grounds for revocation. 3. The hours of operation shall be from 9 :00 a.m. to 6: 00 p.m. Monday through Friday, and 9 :00 a.m. to 3:00 p.m. Saturday. 4. All parking associated with the home occupation shall be off-street on improved space on the property. 5. A 5 lb. fire extinguisher shall be installed in the area of the home occupation prior to the issuance of the permit. 6. Permit approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 4-14-83 Planning Commission Information Sheet Application Nos. 83017 and 83010 Applicant: Rod Bernu Location: 69th Avenue North and York Place Request: Preliminary Plat, Site and Building Plan The applicant requests preliminary plat approval to replat the Earle Brown Farm Townhouses into 32 townhouse units (8 existing and 24 new) , one common area lot, and one- outlot (to be acquired for right-of-way for Shingle Creek Parkway) . This is a companion application to the site and building plan application (No. 83010) submitted to the Planning Commission at its March 17 , 1983 meeting. That application was tabled pending the submittal of a proper pre- liminary plat. The land in question is zoned R3 and is bounded by 69th Avenue North on the north, by the Earle Brown Farm Estates on the east, and by single-family homes on the south and west. The Commission may recall that Mr. Bernu originally sought approval for 26 townhouse units , implying a density credit of 5 units for double tuck-under garage stalls . After considerable comment from the residents of the eight existing units , the Commission was divided as to what if any density credit should be allowed. Three Commissioners were willing to allow a density credit for 3 additional units to allow a total of 24 . Three Commissioners preferred no density credit at all, allowing the normal ordinance maximum of 21 additional units. (Commissioner Ainas abstained as he could have a conflict of interest) . Mr. Bernu has chosen to seek approval for 24 new units. Mr. Bernu has changed the design of the project by splitting the eight-unit building into two 4-unit buildings and by reducing the two five-unit buildings to 4-unit buildings. Thus , the plan now calls for six linear 4-unit buildings to be added to the two quad- home buildings existing on the site. The new site plan allows for the existing utility lines to be salvaged, although some capacities will have to be increased to serve additional units. The landscape schedule has been revised to reflect proposed plantings and to in- clude four 6" trees . A sidewalk network serving the fronts of the units has also been added to the site plan. In other respects, the site plans are not significantly changed. The building plans have been revised to provide higher roof-lines and dormers on the front elevations . (There will be no third floor to the units, only a very tall attic area.) The builder thereby hopes to make the units more similar in height and roof-pitch to the existing units. The plans also show very shallow balcony rail- ings off of 6 ' x 6 ' patio doors in the master bedrooms. The build- ing plans have not been certified by an architect as required by ordinance. We would recommend that such certification be .a condition of receiving building permits. The preliminary plat keeps the same townhouse lots for the eight existing units as were designated in the original plat, 30 ' x 66 .73' . The new lots also provide for a small private area adjacent to the individual units. The new townhouse lots are 20 ' wide for interior units and 23 ' wide for end units. All are 47 ' deep. The units themselves are 20 ' 6" x 39 ' 6" . The NSP easement along the east portion of the property is indicated on the plat. It passes through 4-14-83 -1- Application Nos. 83017' and 83010 continued the back portions of lots 21 through 24 of the proposed replat. The preliminary plat as submitted is roughly drawn. Most of the site data are left off because they are contained in the site plan. However, we have also discovered that some of the property lines do not scale with the listed dimensions and we are not certain that setbacks will be met by some of the units. Also the dimensions of Outlot A are either incorrect or missing. The Assistant City Engineer has redrawn the southwest line of Outlot A and it results in a deficient setback for the closest four-unit building. We recommend that the plat, in its present form, not be approved. How- ever, if a better, more accurate drawing without setback conflicts is submitted by Thursday' s meeting, we will be prepared to recommend conditions of approval for the plat. The primary question over the site plan, assuming dimensions can be verified, is the total number of units . Whether or not the Planning Commission is prepared to grant a density credit for three additional units, the conditions listed below are recommended. However, action at this meeting should be contingent on both an acceptable plat and a site plan that contains an acceptable number of units. Recommended conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be. determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site im- provements in the area of new construction. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accor- dance with Chapter 5 of the City Ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter. 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas. 8. The building plans shall be certified by a registered Minnesota architect prior to, the issuance of building permits. 4-14-83 -2-