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HomeMy WebLinkAbout09-07-2022 Planning Commission Minutes PLANNING COMMISSION City Hall—Council Chambers, 590 40th Ave NE Wednesday, September 07, 2022 6:00 PM MINUTES CALL TO ORDER/ROLL CALL The meeting was called to order at 6:00 pm by Chair Sahnow. Commissioners present: Laurel Deneen, Stan Hoium, Tom Kaiser, Mike Novitsky, Eric Sahnow, Mark Vargas, Clara Wolfe, Council Liaison John Murzyn, Jr. Also Present: Aaron Chirpich, Community Development Director; Bob Kirmis, Planning Consultant; Alicia Howe, Administrative Assistant; Mary Rooney, City Resident; John Martin, City Resident; DeWayne Morrell, City Resident APPROVE MINUTES 1. Approve August 3, 2022 Planning Commission Meeting Minutes Motion by Hoium, seconded by Novitsky, to approve the Planning Commission Meeting Minutes of August 3, 2022. All ayes. MOTION PASSED. PUBLIC HEARINGS 2. Minor Subdivision (Lot Line Adjustment) 4221 and 4217 Reservoir Boulevard NE Introduction: Chirpich stated that Michael Hamman has requested approval of a Minor Subdivision, per City Code Section 9.104 (k), for abutting parcels of land located at 4217 and 4221 Reservoir Boulevard NE. The subject sites, both occupied by single family homes, are zoned R-1, Single Family Residential and are surrounded by similarly zoned properties. The applicant, the owner of the 4221 parcel, has reached agreement with the neighboring property owner to the south to shift the shared side lot between the two lots such that a “pie-shaped” area of land measuring 3,430 square feet is size will be conveyed to the north property. Basically, the minor subdivision calls for the shared rear yard corner monument (between the two properties) to be shifted to the south a distance 40 feet. To be noted is that lot configurations along the west side of Reservoir Boulevard NE are characterized by side lot lines which run diagonally from the street right -of-way line (as opposed to more typical side lines which are perpendicular to streets). These side lot line conditions tend to create triangular-shaped side yards which oftentimes result in widely varied side yard structure setbacks and limited side yard usability. The proposed land City of Columbia Heights MINUTES September 07, 2022 Planning Commission Page 2 conveyance will result in a new, more centrally located shared side lot line between the two homes. Lot Requirements. In consideration of the minor subdivision application, a determination should be made that the newly created lots meet the minimum lot area and width requirements of the applicable R-1 zoning district. According to Section 9.109.C of the Zoning Ordinance, lots within R-1 Districts must have a minimum lot area of 8,400 square feet and a minimum width of 70 feet. Presently, the north parcel (4221 Reservoir Boulevard) measures 16,107 square feet in size and has a width of 100 feet. As a result of the proposed lot line adjustment, the parcel would be increased to 19,317 square feet in size and increased in width to 106 feet. Presently, the south parcel (4217 Reservoir Boulevard NE), measures 16,035 square feet in size and likewise has a width of 100 feet. As a result of the proposed lot line adjustment, the parcel would be decreased to 12,825 square feet in size and decreased in width to 94 feet. Both proposed lots meet the minimum area and lot width requirements of the R-1 District. Setbacks. The proposed lot line adjustment will result in a change to side yard structure setbacks. According to Section 9.109.C of the Zoning Ordinance, lots within R-1 Districts must maintain side yard setbacks of not less than 7 feet. As a result of the proposed lot line adjustment, the structure setback on the north parcel (Lot 5) will be increased in from 9 feet to 23 feet while the side yard setback on the south parcel (Lot 6) will be reduced from 28 feet to 22 feet. Both proposed lots meet the minimum setback requirements of the R-1 District. 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: 1. The proposed subdivision of land will not result in more than three lots. Staff Comments: The proposed subdivision will result in two conforming lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. Staff Comments: No vacation of existing easements will occur as a result of the minor subdivision. 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. Staff Comments: Both newly created lots will conform to the lot width and lot area requirements of the applicable R-1 zoning designation. City of Columbia Heights MINUTES September 07, 2022 Planning Commission Page 3 4. The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. Staff Comments: 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. Staff Comments: The subject property has not previously been subdivided via a minor subdivision process. 6. The proposed subdivision does not hinder the conveyance of land. Staff Comments: The proposed subdivision will 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. Staff Comments: The proposed subdivision is not expected to hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all the design standards specified in Section 9.115. Staff Comments: As a condition of minor subdivision approval, all applicable design standards of Section 9.115 of the Zoning ordinance must be satisfied. Recommendation: Staff review finds that the proposed Minor Subdivision (lot line adjustment) application meets the requirements of the Zoning Ordinance. As a result, Staff recommends that the Planning Commission recommend approval of the proposed Minor Subdivision for the properties located at 4221 and 4217 Reservoir Boulevard NE (Lots 5 and 6, Block 11, Auditor’s Subdivision of Walton’s Second Addition) subject to certain conditions. Chirpich added that one resident submitted a concern, which was in the packet, relating to if the buildable area be diminished if there was redevelopment. He stated that the lot would still be buildable with a variety of modern floor plans. Vargas asked about the survey and if it was required to have a survey versus a survey plan. Chirpich stated that a certificate of survey is what is required for the application. Vargas further stated that he believed other details that should be documented are not on the survey and asked if the survey was a complete notarized survey. Chirpich asked Vargas if he believed if there was any reason why the County would not accept this as a legal survey. Vargas commented on the lot certificate and said that the new lot corner needs to be a stamped rebar corner cap. Hoium clarified the applicant’s request and asked if the City had any objections. Chirpich stated the City does not. City of Columbia Heights MINUTES September 07, 2022 Planning Commission Page 4 Sahnow asked if the applicant mentioned why they are moving the lot line. Chirpich stated they did not, but that the applicant was the owner of both properties originally, and he sold the one lot where the triangle is proposed to be acquired. Chirpich asked Mary Rooney, representative for the applicant, if she knew of the intent of the lot line adjustment. Rooney said she did not know why the owner wanted to move the lot line, that he wanted to “square up” the property and acquire a little more land; he originally wanted to fix up the other property but sold it to an investor. Hoium asked if the moratorium on single-family rentals existed. Chirpich stated that there currently is one in place but as far as the City is aware, the intent is to rehabilitate the property and resell. Sahnow stated he believed the request is straightforward. Hoium asked if it needs to be approved by the Council. Chirpich said that it does need their approval and the County also needs to approve it. Vargas made additional comments regarding the survey and the City having specific requirements for the survey received. Chirpich stated that Staff does not have the knowledge that Vargas has regarding the survey and expects the County will use their expertise and let the City know if it doesn’t meet the requirements. Chirpich said that there could be a condition of a numbered cap and rebar added to approval. Further conversation ensued regarding the expertise of the surveyor and survey itself. Sahnow opened the public hearing. John Martin, 4248 Reservoir Boulevard, stated he has lived on this road for 32 years and that these lots are platted correctly currently. He said that he believed the one lot to the south, the house will be torn down based upon the condition. He further added that there was another in the past that was torn down and an investor built a new home that fits into the neighborhood. Martin said this proposal gives an advantage one owner but does not give an advantage to the other owner, or the City to do this lot line adjustment. He stated he didn’t believe the lot line adjustment should be approved. Mary Rooney, 588 Lomaniki Lane, agreed with some of the comments Martin made regarding the sale of the property. She said it could be a tear down but that ’s not supported by the market right now and that the investor was aware the owner of the other property wanted to require the additional piece of the lot. Rooney stated that it’s a small lot and there isn’t room to build a larger home on the lot, but they could put up a fence. She said the only person it would matter to is the new owner and there is still plenty of room in the back lot that will exist. City of Columbia Heights MINUTES September 07, 2022 Planning Commission Page 5 DeWayne Morrell, 4212 Reservoir Boulevard, stated that he has lived across from 4217 Reservoir Boulevard for 70 years. He said that if a larger home was built on the existing lot, it would be a benefit to the City to have a comparable lot to the others. Morrell said moving the lot line doesn’t “square up” the lot line, it only does to one corner of the lot line. He stated that the property, 4221 Reservoir Boulevard, is the owner’s secondary home. He asked the Commission how long the new lot line is versus the current one. Vargas provided the measurements of the existing line and the new proposed line from the survey. Morrell said he went on Anoka County’s online mapping site and there was a discrepancy between the GIS date on that site and the survey. Vargas said the County’s GIS record is a close estimate, it’s not the actual measurements. Further conversation ensued about the discrepancies of the measurements. Sahnow asked for clarification on his opposition due to the discrepancy. Morrell stated that the adjusted property may be smaller than the commission thinks. Vargas asked if the impervious area had been looked at by the City. Chirpich said this district does not have an impervious surface maximum, rather it requires building coverage ratio, and this proposal is compliant with that. Chirpich stated that the minimum lot requirement is 8,400 square feet; the certificate survey states it is 12,825 square feet and setbacks are 7 feet. He said this lot conforms with the lot requirements of the district. Morrell suggested the City look at how the driveway is arranged with the north lot line at 4221 Reservoir Boulevard, and said if it was “squared up” it wouldn’t fit, so it is parallel with the south boundary. He stated he was opposed to the lot line adjustment being approved. Rooney said in an ideal world, someone would buy the house and tear it down, but no one wanted to buy it, including the City. She added that the investor that bought it is willing to fix it up and revamp it. Morrell stated that the neighborhood as a whole is attractive to potential buyers and several have driven by the property, but once they see the house, they are not interested. Chirpich said that the sale of the property has not taken place yet because of the lot line adjustment pending, but the sale of the home in the future would take place once renovated according to the current owner. City of Columbia Heights MINUTES September 07, 2022 Planning Commission Page 6 Vargas commented about the vote by the commission and said the rules say that this should be approved, but listening to residents’ comments, they are asking the commission to essentially break the rules, and asked Staff for their advice. Chirpich said that the commission is often going to be put in this position, where the City Code and views of others are in misalignment. He said that the commission is required to look at the requirements of the City Code for the lot line adjustment. Although staff agrees with some of the concerns about the future use of the house that is in poor condition, these concerns are not relevant to the decision at hand. Chirpich said that the Council ultimately has the final decision, but staff take the position that there is no reason to not recommend approval of the adjustment. Morrell made some comments regarding not considering the public’s concerns in the approval. Sahnow stated that Morrell could address his concerns with staff afterwards if he would like to. Hoium said he didn’t see why if the two property owners want to move the line, that they would deny it, and he believes this is progress of an investor revamping the property. Deneen said that their role as the commission is to see if it meets the City Code and it does. The commission agreed to add the condition of a numbered cap and rebar after the lot line adjustment has been made. Motion by Hoium, seconded by Wolfe, to waive the reading of draft Resolution 2022-78, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Hoium, seconded by Novitsky, that the Planning Commission recommends that the City Council approve draft Resolution 2022-78, approving a Minor Subdivision (lot line adjustment) for the properties located at 4221 and 4217 Reservoir Boulevard NE (Lots 5 and 6, Block 11, Auditor’s Subdivision of Walton’s Second Addition), within the City of Columbia Heights, Minnesota, subject to certain conditions stated in the resolution. All ayes. MOTION PASSED. OTHER BUSINESS Chirpich stated that there will be no Planning Commission meeting for October 2022 since the City has not received any applications for this deadline. Chirpich said that the engagement phase for the Rainbow site redevelopment will be moving forward in late 2022, with approval by the Planning Commission in early 2023. Sahnow asked about the progress on City Hall. Chirpich stated the registration of the title and the condo plat with the County has delayed the closing. He said that transfer of title should happen in the next couple weeks, with construction to start in October and Staff moving in in the spring. City of Columbia Heights MINUTES September 07, 2022 Planning Commission Page 7 ADJOURNMENT Motion by Vargas, seconded by Wolfe, to adjourn the meeting at 7:00 pm. All ayes. MOTION PASSED. Respectfully submitted, _______________________________ Alicia Howe, Administrative Assistant