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HomeMy WebLinkAbout10-05-2021 Planning Commission Packet PLANNING COMMISSION City Hall—Council Chambers, 590 40th Ave NE Tuesday, October 05, 2021 6:00 PM AGENDA ATTENDANCE INFORMATION FOR THE PUBLIC Members of the public who wish to attend may do so in-person, by calling 1-312-626-6799 and entering meeting ID 868 6610 8685 and passcode 019373 or by Zoom at https://us02web.zoom.us/j/86866108685?pwd=SElIWUtFeW5PSGI2eG82YXptcit0dz09. For questions please call the Community Development Department at 763-706-3670. CALL TO ORDER/ROLL CALL APPROVE MINUTES 1. APPROVAL OF AUGUST 4, 2021 PLANNING COMMISSION MEETING MINUTES PUBLIC HEARINGS 2. MINOR SUBDIVISION TO SPLIT AN EXISTING LOT LOCATED AT 4600 7TH STREET NE MOTION: Move to waive the reading of the draft resolution, there being ample copies available to the public. MOTION: Move to recommend that the Planning Commission recommend to the Ci ty Council approval of the Minor Subdivision of the property located at 4600 7th Street NE, subject to conditions of approval. OTHER BUSINESS 3. 2022 PLANNING APPLICATION SCHEDULE ADJOURNMENT Auxiliary aids or other accommodations for individuals with disabilities are available upon request when the request is made at least 72 hours in advance. Please contact Administration at 763-706-3610 to make arrangements. 1 MINUTES CITY OF COLUMBIA HEIGHTS PLANNING COMMISSION MEETING AUGUST 4, 2021 The meeting was called to order at 6:00 pm by Vice Chair Vargas. CALL TO ORDER/ROLL CALL Commissioners present: Stan Hoium, Tom Kaiser, Mike Novitsky, Mark Vargas, Clara Wolfe Commissioners absent: Rob Fiorendino, Eric Sahnow Also present: Minerva Hark, City Planner; Ben Sandell, Communications Coordinator; Jordan Stroik, Applicant (via Zoom); and Alicia Apanah, Administrative Assistant APPROVAL OF MINUTES 1. Approval of July 6, 2021 Planning Commission Meeting Minutes Motion by Wolfe, seconded by Novitsky, to approve the minutes from the meeting of July 6, 2021. All ayes. MOTION PASSED. PUBLIC HEARINGS 2. Variance to Allow for the Construction of an Attached Garage with Front Yard Setback Encroachments Located at 4161 Polk Street NE Introduction: Hark reported that a Variance has been requested for a proposed attached garage to be located at 4161 Polk Street NE. The applicant is proposing to demolish the existing detached single-stall garage on the property and construct an attached standard garage on the north side of the home. As a corner lot that abuts a diagonal street, there are unique setback requirements that apply to the subject property in relation to neighboring lots. In consideration of corner lots, City Code states that the lot line having shortest dimension of street frontage is considered the front lot line. Thus, the site’s north lot line along 42nd Avenue is considered the front and is , therefore, subject to a minimum required building setback of 25 feet. The west lot line along Polk Street NE is subsequently considered a side lot line, from which a minimum 10-foot building setback is required. The required setback from Polk Street NE is considered unique in that other homes located along the street that are south of the subject site are subject to a 25 -foot setback along the same street. The attached garage is proposed to be located 17.2 feet from the north front property line. This location is considered to be in front of the principal structure building line in the front yard. Zoning Ordinance: The property is located in the R-2A One- and Two-Family Residential Zoning District. The site is bordered by properties in the Single-Family Residential District to the west, One- and Two-Family Residential District and Built-As Duplexes to the south, Single-Family Residential District and One- and Two-Family Residential District to the north, and Single-Family Residential District, One- and Two-Family Residential District, and Built-As Duplexes to the east. 2 Item 1. City of Columbia Heights MINUTES August 4, 2021 Planning Commission Meeting Page 2 The use of the property as a residential home complies with the Zoning Code. Comprehensive Plan: The Comprehensive Plan guides this area for residential development. The proposed garage is consistent with the goals and intent of the Comprehensive Plan. Design Guidelines: The subject property is not located in a Design Guidelines District. SITE PLAN The applicant has submitted a Site Plan illustrating the proposed size and location of the new garage and its relation to adjacent properties and structures. Findings of Fact: The City Council shall make each of the following findings before granting a variance from the provisions of this article: (a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of t his article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. This is correct. The existing single-family home on the lot was built in a manner that utilized Polk Street NE as the front yard, rather than 42nd Avenue NE. The current condition does not provide reasonable space for the construction of a standard two-stall garage that does not encroach into the front yard setback or is not behind the principal structure’s front building line. This is an existing condition not caused by the current owner. The proposed garage would encroach seven feet and five inches into the front yard setback, will be served by the existing driveway accessed from Polk Street NE. (b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within th e same zoning classification. This is correct. The subject site is unique as it is a corner lot along a diagonal street with setback requirements which differ from most lots on the block. (c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. This is correct. (d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. This is correct. The Comprehensive Plan calls for reinvestment, renovation, and modernization of the City’s single-family housing stock. 3 Item 1. City of Columbia Heights MINUTES August 4, 2021 Planning Commission Meeting Page 3 (e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. This is correct. The granting of this Variance will result in a new, functioning two car garage for the property that will enhance the overall functionality and aesthetic of the site. This will provide more adequate on-site parking and will contribute to the improved value of the neighborhood. Recommendation: Staff recommends that the Planning Commission recommend approval to the City Council of the proposed Variance. Questions/Comments from Members: Hoium asked, concerning the idea of right-of-way or not right-of-way and with the front yard being the shortest, intuitively if the front yard should be the longest property line. Hark said many city codes actually cite that the shortest property line abutting a public street or easement and shortest access point is the right-of-way; yards are based on whether the lot lines are. He said it doesn’t make sense because the applicant’s address is on Polk, where his front door is located. Hark said the lot is special because it is on a corner and so options are limited according to City Code. Vargas said, if the Variance is approved by the Commission, language should be commented on regarding duplex, as an example, having one address facing one street and another address facing another street if it’s on a corner lot. So, if in the future the home is changed into a duplex, being a R-2A, it would be in violation. Hark said, in that case, the City would create two addresses, one on Polk and one on 42nd, and agencies would be notified about it but it would still need to meet the building setbacks if the front yard was 42nd. Vargas said, utilizing the cited dimensions, his calculations came up with a total of 1,056 SF rather than 925 SF. Hark said there are portions of the addition of the attached garage that are parsed out as pantry and bathroom, which is an addition to the main home, and the applicant chose to show that as part of the plan. The City is mainly concerned that it does not exceed 1,000 SF of garage space; so, it may off a few SF based off the configuration of the other attached elements, but the project is conditioned so that the garage may not exceed 1,000 SF and will again be shown and calculated accurately at the building permit ph ase. In summary, Hark said the Variance is essentially asking for an encroachment into the front yard setback and the allowance of the location of the garage being in front of the building’s front property line. And should the applicant decide not to move forward with the addition to the main home, the garage would still not have to exceed 1,000 SF. Public Hearing Opened. Applicant Jordan Stroik said, based on the previous garage already being in the front yard and already in front of the house, he hopes to replace the single-car garage with a two-car garage. 4 Item 1. City of Columbia Heights MINUTES August 4, 2021 Planning Commission Meeting Page 4 Vargas said he had some concerns about the language in the survey document’s legal description, as they contradict the publicly available information for the lot and block. Rather than lot 3 block 16, it was a combination of lot 3 and 4 and no indication of a replat in the documentation. He wants to ensure that the legal description describes the applicant’s property correctly and not including his neighbor’s house. Hark said staff will ensure the site survey accurately cites the legal description. Vargas commented that, the way that they are proposed in the drawings, the eaves on the garage shed water right onto the house; and with the metal-style roof being identified as the roof of choice, there will be moisture problems on the north side of the current house unless there is some type of vapor barrier. The applicant said he just wanted to get something on paper in terms of the Variance and knows he will have to contact a roofing contractor to use crickets or create drainage between the two buildings. Hark said the project has been conditioned by the Engineering Department to direct all stormwater runoff to the street; how he makes that happen is on the applicant’s end and will then have the Engineers review the plan. Vargas added that the metal roof is incompatible with galvanized metals and a lot of crickets use galvanized metal, so he advised the applicant to scrutinize his contractor or, preferably, an architect designer to avoid erosion and corrosion. Public Hearing Closed. Motion by Hoium, seconded by Kaiser, to waive the reading of the draft resolution. All ayes. MOTION PASSED. Motion by Hoium, seconded by Wolfe, to recommend that the Planning Commission recommend to the City Council approval of the Variance for the proposed attached garage to be located by 4161 Polk Street NE, subject to conditions of approval: 1. All construction shall comply with the Minnesota State Residential Code. 2. All construction shall comply with the Minnesota State Energy Code. 3. All construction shall comply with the Minnesota State Plumbing Code. 4. All construction shall comply with the Minnesota State Mechanical and Fuel Gas Code. 5. Storm water runoff from the new construction shall be directed to the street. Runoff cannot pass onto adjacent properties. 6. The existing single stall garage located on the site shall be removed. 7. The new attached garage shall be set back a minimum of 17.2 feet from the northern property line. 8. A Certificate of Survey and Elevation Plans shall be submitted as part of the Building Permit Application for the construction of the proposed attached garage. 9. The lot shall be limited to two detached accessory structures. 10. The combination of accessory structures, storage shed, and attached garages on the lot shall not exceed 1,000 square feet in area. 11. The height of the proposed attached garage shall comply with City Code. 12. The exterior color and design of the proposed attached garage shall be similar to the principal structure. Corrugated metal siding and roofs are prohibited. 5 Item 1. City of Columbia Heights MINUTES August 4, 2021 Planning Commission Meeting Page 5 13. The total building coverage, including the principal st ructure and all accessory structures, shall not exceed 35%. 14. The distance between the proposed attached garage doors and the front lot line shall be no less than 20 feet. 15. The proposed attached garage shall be provided with a hard-surfaced access driveway, no less than 12 feet in width, to an adjacent public street, and shall be no less than 20 feet by 20 feet in size. 16. The proposed attached garage shall not be located within any utility or drainage easement. All ayes. MOTION PASSED. Vargas shared with the applicant that he spoke with his aunt and uncle who own 4210 Polk NE and they favor him getting a new garage. OTHER BUSINESS Hark said City staff have received no Planning applications for the month; however, she may be putting through an Ordinance change in September or October for the Planning Commission to consider that involves landscaping and tree preservation. There are no private development projects coming up soon. ADJOURNMENT Motion by Hoium, seconded by Kaiser, to adjourn the meeting. All ayes. MOTION PASSED. Meeting adjourned at 6:21 pm. Respectfully submitted, ________________________________ Alicia Apanah, Administrative Assistant 6 Item 1. PLANNING COMMISSION MEETING AGENDA SECTION PUBLIC HEARING MEETING DATE OCTOBER 5, 2021 ITEM: MINOR SUBDIVISION TO SPLIT AN EXISTING LOT LOCATED AT 4600 7 TH STREET NE DEPARTMENT: COMMUNITY DEVELOPMENT BY/DATE: Minerva Hark, City Planner / 9/30/2021 CASE NUMBER: 2021-1001 DATE: September 30, 2021 TO: Columbia Heights Planning Commission APPLICANT: Syed and Samrina Naqvi DEVELOPMENT: Minor Subdivision LOCATION: 4600 7th Street NE (PID 26-30-24-34-0015) REQUEST: Minor Subdivision to split an existing lot located at 4600 7th Street NE PREPARED BY: Minerva Hark, City Planner INTRODUCTION Property owners Syed and Samrina Naqvi have requested approval of a Minor Subdivision, per City Code §9.104(K), for their property located at 4600 7th Street NE. The subject site is zoned R-2A: One- and Two- Family Residential, and is surrounded by properties similarly zoned as R-2A and R-2B (Built as Duplexes). The existing parcel is approximately 21,800 square feet and has a single-family home constructed on site. The applicant intends to subdivide the property to create Parcel A (northern lot) and Parcel B (southern developed lot). Parcel A will be a vacant lot intended for the future construction of a single-family home. Parcel B will retain the existing single-family home with detached garage. ISSUES AND ANALYSIS Lot Requirements In consideration of this Minor Subdivision application, a determination shall be made that the newly created lots shall meet the minimum lot area and width requirements of the applicable R-2A zoning district. Within the R-2A District, a minimum lot area of 6,500 square feet is required. As a result of the proposed lot line adjustment, Parcel A will have a lot area of 9,378 square feet, and Parcel B will have a lot area of 10,367 square feet. Both lots meet the minimum lot area requirements of the R-2A zoning district. Section 9.109 (C) of the Zoning Ordinance stipulates that lots within the R-2A Zoning District shall have a minimum width of 60 feet. Parcel A is proposed to have a lot width of 65 feet, and Parcel B is proposed to have a lot width of 71.84 feet. Both proposed lots meet the minimum lot width requirements of the R-2A Zoning District. 7 Item 2. Page 2 Existing Conditions The existing corner-lot residence located at 4600 7th Street NE was originally constructed in 1929, with additions and an updated detached garage constructed in 1958. The proposed minor subdivision of the lot would alter the interior side yard setback of the residential building. The proposed subdivision would create a 12.14-foot side yard separation between the existing structure and the interior side property line. This complies with the 5-foot side yard setback requirement of the R-2A Zoning District. The existing 14.11-foot front yard setback for the residence is considered legal non-conforming, and shall not be made more non- conforming with the proposed minor subdivision. Proposed Future Development According to the applicant, the new lot (Parcel A) is being created so that it can be sold and a new residential single-family home can be developed upon it in the future. No construction plans are being proposed at this time. Recording As a condition of approval, the applicant is responsible for the filing of the approved minor subdivision with the Anoka County Recorder’s Office. If the minor subdivision is not filed with the Anoka County Recorder’s Office within one year of the date of City Council approval, it will become invalid. FINDINGS OF FACT Section 9.104 (K) of the Zoning Code outlines specific conditions in order for the City Council to approve a Minor Subdivision. They are as follows: (a) The proposed subdivision of land will not result in more than three lots. The proposed subdivision will result in two conforming lots. (b) The proposed subdivision of land does not involve the vacation of existing easements. No vacation of existing easements will occur as a result of the minor subdivision. (c) All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located Both lots shall conform to the lot width and lot area requirements of the applicable R-2A zoning designation. (d) The proposed subdivision does not require the dedication of public right -of-way for the purpose of gaining access to the property. The proposed subdivision does not require the dedication of public rights -of-way for the purpose of gaining access to the property. (e) The property has not previously been divided through the minor subd ivision provisions of this article. The subject property has not previously been subdivided through the minor subdivision process. (f) The proposed subdivision does not hinder the conveyance of land. The proposed subdivision will not hinder the conveyance of land. 8 Item 2. Page 3 (g) The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. The proposed subdivision is not expected to hinder the making of assessments or the keeping of records related to assessments. (h) The proposed subdivision meets all of the design standards specified in §9.116. The proposed subdivision meets all design standards outlined in §9.116. RECOMMENDATION Staff review finds that the proposed Minor Subdivision application meets the requirement s of the Zoning Ordinance. As a result, Staff recommends that the Planning Commission recommend approval of the proposed Minor Subdivision for the property located at 4600 7 th Street NE, subject to certain conditions. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of the draft resolution attached, there being ample copies available to the public. MOTION: Move to recommend that the Planning Commission recommend to the City Council approval of the Minor Subdivision of the property located at 4600 7th Street NE, subject to the following condition of approval: 1. The applicant shall be responsible for the filing the approved subdivision with the Anoka County Recorder’s Office. The approved minor subdivision shall become invalid if the subdivision is not filed with the Anoka County Recorder’s Office within one year of the date of City Council Approval. ATTACHMENTS: Draft Resolution Application Existing Conditions Survey dated August 30, 2021 Proposed Subdivision Survey dated August 31, 2021 9 Item 2. RESOLUTION NO. 2021-XXX A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Minor Subdivision for the property located in the City of Columbia Heights, MN; WHEREAS, a proposal (Planning Case # 2021-1001) has been submitted by Syed and Samrina Naqvi to the City Council requesting approval of a Minor Subdivision at the following location: ADDRESS: 4600 7th Street NE (PID 26-30-24-34-0015) LEGAL DESCRIPTION: On file at City Hall THE APPLICANT SEEKS THE FOLLOWING: A Minor Subdivision for the property located at 4600 7th Street NE WHEREAS, the Planning Commission held a public hearing as required by the Cit y Zoning Code on October 5, 2021; and WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed Minor Subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding area; and NOW, THEREFORE, BE IT RESOLVED, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights adopts the following findings: 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in Section 9.115. 10 Item 2. FURTHER, BE IT RESOLVED, that the condition of approval, surveys, and other information shall become part of the Minor Subdivision and approval; and in granting this Minor Subdivision, the City and the applicant agree that this Minor Subdivision shall beco me null and void if the subdivision has not been filed with the Anoka County Recorder’s Office within one (1) calendar year after the approval date. CONDITION OF APPROVAL 1. The applicant shall be responsible for the filing the approved subdivision with the A noka County Recorder’s Office. The approved Minor Subdivision shall become invalid if the subdivision is not filed with the Anoka County Recorder’s Office within one year of the date of City Council Approval. ORDER OF COUNCIL Passed this 11th day of October, 2021 Offered by: Seconded by: Roll Call: Amáda Márquez Simula, Mayor Attest: Sara Ion, City Clerk/Council Secretary 11 Item 2. 12 Item 2. 13 Item 2. Anderson Engineering of Minnesota, LLC 13605 1st Avenue North,Suite 100 Plymouth, MN 55441 763-412-4000 (o) 763-412-4090 (f) www.ae-mn.com ENGINEERING ARCHITECTURE LAND SURVEYING ENVIRONMENTAL SERVICES LANDSCAPE ARCHITECTURE 14 Item 2. Anderson Engineering of Minnesota, LLC 13605 1st Avenue North,Suite 100 Plymouth, MN 55441 763-412-4000 (o) 763-412-4090 (f) www.ae-mn.com ENGINEERING ARCHITECTURE LAND SURVEYING ENVIRONMENTAL SERVICES LANDSCAPE ARCHITECTURE 15 Item 2. CITY OF COLUMBIA HEIGHTS: 2022 APPLICATION SCHEDULE Application Deadline Department Review Completed by Legals to Paper and Notice to Neighborhood Packets Delivered to Commissioners Planning Commission Meeting 6:00 pm City Council Meeting 7:00 pm January 3, 2022 January 7, 2022 January 17, 2022 January 28, 2022 February 1, 2022 February 14, 2022 February 7, 2022 February 11, 2022 February 14, 2022 February 25, 2022 March 1, 2022 March 14, 2022 March 7, 2022 March 11, 2022 March 21, 2022 April 1, 2022 April 5, 2022 April 11, 2022 April 4, 2022 April 8, 2022 April 18, 2022 April 29, 2022 May 3, 2022 May 9, 2022 May 2, 2022 May 6, 2022 May 23, 2022 June 3, 2022 June 7, 2022 June 13, 2022 June 6, 2022 June 10, 2022 June 20, 2022 July 1, 2022 *July 6, 2022 July 11, 2022 July 5, 2022 July 11, 2022 July 18, 2022 July 29, 2022 *August 3, 2022 August 8, 2022 August 1, 2022 August 5, 2022 August 22, 2022 September 2, 2022 *September 7, 2022 September 12, 2022 September 6, 2022 September 12, 2022 September 19, 2022 September 30, 2022 October 4, 2022 October 10, 2022 October 3, 2022 October 7, 2022 October 17, 2022 October 28, 2022 November 1, 2022 November 14, 2022 November 7, 2022 November 14, 2022 November 21, 2022 December 2, 2022 December 6, 2022 December 12, 2022 December 5, 2022 December 9, 2022 December 19, 2022 December 30, 2022 January 3, 2023 January 9, 2023 NOTE: Planning Commission and City Council meeting dates are subject to change. *Meeting moved to Wednesday night. Revised 9-17-2021 16 Item 3.