planning commission meeting agenda july 23, 2018 …

The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.

PLANNING COMMISSION MEETING AGENDA July 23, 2018

7:00pm

1) Call to Order a) Approval of Agenda

b) Approval of Minutes – June 25, 2018

2) Public Hearings

a) VARIANCE: Application from the Minnetrista Baptist Church for a variance from City Code Section 505.15 Subd. 2 Lot area, depth, width, coverage, setbacks, and height standards to reduce the required front yard setback from 35 feet to 29.4 feet and the required side yard setback from 15 feet to 9.3 feet to allow for a fellowship hall addition on to the existing church on the property located at 4185 Highland Road; R-1 Residential Zoning District; PID# 32-117-24-12-0010.

3) Informational Items a) Staff Reports

b) Council Reports

4) Adjournment

- The agenda packet with all background material is located at the back table for viewing by the public. - Published agenda subject to change without notice. - Information and materials relating to the above items are available for review at city hall by appointment.

The City of Minnetrista will deliver quality services in a cost effective and innovative manner; and provide opportunities for a high quality of life while protecting natural resources, maintaining rural character, while effectively managing growth.

City of Minnetrista Planning Commission – June 25, 2018 Page 1 of 3

PLANNING COMMISSION MEETING MINUTES

June 25, 2018 7:00pm

1) Call to Order

Chair Sandholm opened the meeting at 7:14 p.m.

In attendance: Commissioners – Chair Lora Sandholm, Gary Pettis, Damian Young (arrived at 7:23 p.m.), Steve Livermore and Justin Forbrook; Council Liaison: Councilmember Lisa Whalen; Staff: City Planner Nick Olson and City Clerk Kris Linquist. Absent: Peter Vickery and Robert Rabin

a) Approval of Agenda

Motion by Livermore, seconded by Forbrook to approve the agenda as presented. Motion passed 4-0. Absent: Vickery, Rabin and Young

b) Approval of Minutes of May 29, 2018

Motion by Pettis, seconded by Livermore to approve the minutes from May 29, 2018 as presented. Motion passed 4-0. Absent: Vickery, Rabin and Young

2) Public Hearings:

a) VARIANCE: Application from Enbo Zhou for a variance from City Code Section 505.07 Subd. 8(b) Riparian View Shed Protection to allow for the construction of a new single family home 76 feet from the lakeshore on the property located at 4656 Palmer Pointe Road; Planned Unit Development Zoning District; PID# 36-117-24-34-0028. City Planner Olson presented the staff report found in the Planning Commission packet dated June 25, 2018. Highlights included:

• The applicant made a request for a variance from the City Code Section 505.07 Subd. 8(b) Riparian View Shed Protection to allow for the construction of a new single family home 76 feet from the lakeshore.

• The development occurred prior to the recent change in the city’s riparian view shed ordinance.

• Notices were sent to all property owners within 500 feet of the subject property. To date, staff has spoken with one neighboring property



owner, but has not received any comments regarding this request. • Possible finding of facts are outlined in the staff report.

Tom Flint (Architect for applicant) discussed the plan they have submitted. He stated that the design is in alignment with most of the homes on the Pointe. Chair Sandholm opened the public hearing at 7:25 p.m. No one was present to speak on the item. Chair Sandholm closed the public hearing at 7:25 p.m. Motion by Livermore, seconded by Young to recommend to the City Council to approve the requested riparian view shed setback variance at 4656 Palmer Pointe Road based on the findings of fact in the staff report and subject to the following conditions:

1. The Property must be developed in accordance with the approved plans as submitted with the variance application;

2. All existing significant trees on the Property must be located on the survey. Any tree removal shall be done in accordance with city code and is subject to certain replacement requirements;

3. Any required grading should maintain existing drainage patterns or improve the existing drainage of the lot and adjacent lots;

4. The Applicant obtain all necessary permits and approvals from the City and other applicable entities with jurisdiction over the Property prior to any construction;

5. The Applicant is responsible for all fees incurred by the City in review of this application; and

6. The variance approval is valid for one year from the date of approval and will become void and expire unless a building permit has been issued for the site.

Motion passed 5-0. Absent: Vickery and Rabin

3) Informational Items

a) Staff Reports – City Planner – Nick Olson • Updated on Variance request from last meeting • Two Variance applications for July meeting

b) Council Reports – Mayor Lisa Whalen

• 3rd Annual Bus Tour • Passed Short Term Rental Ordinance • Discussed building permit activity • Water Tower update • Budget process starting soon • Next Council meeting on July 16, 2018

4) Adjournment

Motion by Forbrook, seconded by Young to adjourn the meeting at 7:38 p.m. Motion passed 5-0. Absent: Vickery and Rabin



Respectfully Submitted,

Kris Linquist Kris Linquist, MMMC, CMC City Clerk

Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.

CITY OF MINNETRISTA PUBLIC HEARING Subject: VARIANCE: Application from the Minnetrista Baptist

Church for a variance from City Code Section 505.15 Subd. 2 Lot area, depth, width, coverage, setbacks, and height standards to reduce the required front yard setback from 35 feet to 29.4 feet and the required side yard setback from 15 feet to 9.3 feet to allow for a fellowship hall addition on to the existing church on the property located at 4185 Highland Road; R-1 Residential Zoning District; PID# 32-117-24-12-0010.

Prepared By: Nickolas Olson, City Planner Meeting Date: July 23, 2018 Overview: Minnetrista Baptist Church (the “Applicant”) has made an application for a variance from City Code Section 505.15 Subd. 2 Lot area, depth, width, coverage, setbacks, and height standards to reduce the required front yard setback from 35 feet to 29.4 feet and the required side yard setback from 15 feet to 9.3 feet to allow for a fellowship hall addition on to the existing church on the property located at 4185 Highland Road (the “Property”). Background: The Applicant has been working on an addition to the existing church for the past couple years. The addition will help to correct several deficiencies within the more than 100 year old building. Back in 2016, a variance was granted for an addition off of the northeast corner of the building, near the main entrance of the church. Since approval, the Applicant has received two extensions to the variance as they continued to consider their options. A new proposal has gained traction with the members of the church. The proposal is for a roughly 2,000 sq. ft. addition that will provide the church with an ADA compliant entrance to the worship space, restrooms and fellowship hall. However, given the location of the existing church structure, finding a location that complied with setbacks and met the goals of the project was not possible. The Applicant believes the proposed location is the most suitable on the Property and will sufficiently meet the needs of the church and its members. Variance Request: City Code Section 505.05 Subd. 9 allows the City to issue variances from the provisions of the zoning code. A variance is a modification or variation of the provisions of the zoning code as applied to a specific piece of property. A variance is only permitted when:


a. The variance is in harmony with the general purposes and intent of this

ordinance. Section 505.03 Subd. 1 outlines the general purpose and intent of the city’s zoning ordinance. The request is for a variance from setback requirements. The purpose and intent of setbacks is to fix reasonable standards to which buildings, structures, and land will conform to for the benefit of all. The reasonable standards are intended to promote the proper use of land and structures while prohibiting the use of buildings, structures, and lands that are incompatible with the intended use or development of lands within the specified zones. The setback variance request applies reasonable standards to the Property given the location of the existing church and the fact that the Applicant also owns the neighboring parcel of land. The reasonable setback standards allow for the Applicant to improve the existing church structure, which is a permitted use in the R-1 residential zoning district. Permitted uses are intended to be compatible with one another, therefore it has been established that churches and single family residences are compatible with one another.

b. The variance is consistent with the comprehensive plan. The basic intent of the comprehensive planning process is to provide a well-founded and coordinated decision-making framework to guide both public and private development and community improvements. In this regard, the comprehensive plan represents the development framework to guide and direct future land development decisions within the city. The Land Use Plan is a narrative and graphic representation of the community’s land use and growth management goals and policies that provides the background and rationale for land use designations as represented on the Proposed Land Use Map. The Land Use Plan is divided into two sections: General Concept Plan and Land Use Elements. Minnetrista’s fundamental land use policies are laid out, with the intention that decisions about new development proposals are expected to meet the standards identified in the comprehensive plan, in addition to mere compliance with development ordinances and maps. The city’s comprehensive plan sets forth the goals and policies for the effective and orderly development of property within the city. The proposed development of the Property is the addition of a fellowship hall onto the existing church. The addition does not change the use of the Property, which is consistent with its current and future land use designation. Furthermore, it is a fundamental objective of the City to establish and maintain a strong sense of neighborhood and community. This can be achieved by paying close attention to neighborhood design and views. The existing church structure has been a staple in the neighborhood and a place for members of the church, who are also members of this community, to congregate for over 100 years. The intention of the proposed addition is to preserve the character and architectural details of the original construction, which helps maintain the neighborhood design and views.


A variance may be granted when the applicant establishes there are practical difficulties in complying with this ordinance. Practical difficulties, as used in connection with granting a variance, means:

1. The property owner proposes to use the property in a reasonable manner not permitted by this ordinance. This factor means that the landowner would like to use the property in a particular reasonable way but cannot do so under the rules of the ordinance. It does not mean that the land cannot be put to any reasonable use whatsoever without the variance. The proposed fellowship hall addition will create an enclosed ADA compliant entrance to the worship hall as well as compliant restrooms and fellowship hall. Along with meeting ADA requirements, the addition will provide spaces that are easier for the elderly and young children to enjoy with natural light and safer egress. The addition will also improve the egress from the existing basement space by enclosing the current storm shelter type basement steps and adding an adjacent exit door.

2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The uniqueness generally relates to the physical characteristics of the particular piece of property, that is, to the land and not personal characteristics or preferences of the landowner. When considering the variance for a building to encroach or intrude into a setback, the focus of this factor is whether there is anything physically unique about the particular piece of property, such as sloping topography or other natural features like wetlands or trees. One of the unique circumstances is the location of the more than 100 year old church which was constructed prior to the adoption of zoning regulations. Its location within the required front yard setback makes designing a complying addition that accomplishes the goals of the Applicant a challenge. The addition is being designed as such to create an ADA compliant facility for the congregation to use. Also, the proposed location of the addition is the least intrusive on the existing landscape and vegetation.

3. The variance would not alter the essential character of the locality. Under this factor, consider whether the resulting structure will be out of scale, out of place, or otherwise inconsistent with the surrounding area. The existing church structure, which is a permitted residential use, was originally constructed over 100 years ago. The proposed addition has been designed as such to match the materials and architectural details of the existing church. Also, the proposed addition does not further encroach into the front setback for the existing church and the side yard setback variance is along a common lot line of 2 parcels owned by the Applicant which, in reality, function together.

Neighborhood Comments: Notices were sent out to all property owners within 500 feet of the subject property. To date, staff has not received any comments from neighboring property owners regarding this request.


Conclusion: The Planning Commission should review the staff report and open a public hearing. Once all interested parties have had the opportunity to speak regarding the request, the Planning Commission should close the public hearing. After the public hearing is closed, the Planning Commission should consider the entire record before it prior to making a recommendation to the City Council. Along with making a recommendation, findings of fact should be made which support the recommendation. Possible findings of fact are as follows:

1. The requested variances are consistent with the purpose and intent of the city’s zoning ordinances because the proposed fellowship hall addition enhances and stabilizes the existing church structure by providing ADA complaint facilities in a location that maintains reasonable setback standards established by the non-conforming location of the over 100 year old structure.

2. The requested variance is consistent with the city’s comprehensive plan because a single family home is a use that is consistent with the current and future land use designation for the Property. Furthermore, the intention of the proposed addition is to preserve the character and architectural details of the original construction, which helps maintain the neighborhood design and views.

3. The Applicant proposes to use the Property in a reasonable manner because the proposed addition will create an enclosed ADA compliant entrance to the worship hall as well as compliant restrooms and fellowship hall. Along with meeting ADA requirements, the addition will provide spaces that are easier for the elderly and young children to enjoy with natural light and safer egress. The addition will also improve the egress from the existing basement space by enclosing the current storm shelter type basement steps and adding an adjacent exit door;

4. The requested variance is the result of unique circumstances not created by the landowner because of the church was constructed well before the adoption of zoning regulations to properly locate the building on the Property. As a result, the existing structure is located within the front yard setback, which makes constructing an addition that meets the required setback challenging. Also, the proposed location is the least intrusive on the existing landscape and vegetation; and

5. The requested variance will not alter the character of the locality because the proposed fellowship hall addition has been designed to match the materials and architectural details of the existing church. Moreover, the proposed addition does not further encroach into the front yard setback than the existing church sits and the side yard setback is from a common property line between two parcels owned by the Applicant.

Recommended Action: Motion to recommend the City Council approve the requested front yard and side yard setback variances at 4185 Highland Road based on the findings of fact in the staff report and subject to the following conditions:

1. The Property must be developed in accordance with the approved construction documents as submitted with the variance application;

2. The approved construction documents must be prepared by a licensed design professional registered in the state of Minnesota and reviewed by the Building


Official for compliance with the 2015 Minnesota Building Code prior to permit issuance;

3. The lot coverage for the Property must be reduced below the maximum allowed lot coverage of 35%;

4. Any required grading shall maintain existing drainage patterns or improve the existing drainage of the lot and adjacent lots;

5. The Applicant obtain all necessary permits and approvals from the City and other applicable entities with jurisdiction over the Property prior to any construction;

6. The Applicant is responsible for all fees incurred by the City in review of this application; and

7. The variance approval is valid for one year from the date of approval and will become void and expire unless a building permit has been issued for the site.

Attachments:

1. Location Map 2. Applicant Narrative 3. Proposed Floor Plan 4. Proposed Elevations 5. Proposed Site Plan 6. Property Survey

4185 Highland Road

June 28, 2018Map Powered by DataLink from WSB & Associates

1 inch = 94 feet

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June 22, 2018 Nickolas Olson City Planner City of Minnetrista 7701 County Road 110W Minnetrista, MN 55364 Dr Mr. Olson, Attached is the Minnetrista Baptist Church’s variance application for their proposed fellowship hall addition to their historic church located on Highland Road and Kennedy Memorial Drive. The congregation is requesting a variance from the side yard setbacks due to the location of the existing church building per Section 505.15 Subd.2. Lot area, depth, width, coverage, setbacks, and height standards. The members of the church are endeavoring to construct a fellowship hall to correct several deficiencies within the more than one hundred year old church. The most significant one is the difficulty disabled persons have in joining in many of the churches educational, social and fellowship activities. This new addition will create an enclosed ADA compliant entrance to the worship space, and compliant restrooms and fellowship hall. Currently the church is only accessible via an outdoor ramp and has no accessible restrooms or meeting space as they are in the church basement. In addition to meeting ADA requirements, the church will have spaces that are easier for the elderly and young children to enjoy with natural light and safer egress. The addition will also improve the egress from the existing basement space by enclosing the current storm shelter type basement steps and adding an adjacent exit door. The addition is being placed to the southwest of the existing church in the most appropriate building area on the property. The connection is through enlarging an existing window opening through the coat room adjacent to the worship space. This will allow entering the church without interrupting the service. Due to the church being located irregularly within the property - not parallel to the property line and within the setback - the addition is forced to sit within the setback as well. The two streets that border the property do not meet at right angles and the current location of the church splits the difference in the orientation of the streets. The proposed addition angles away from the street and exceeds the 35 foot setback at its southern corner. We are also requesting a variance from the south interior property line. This

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request is to try to meet the seating capacity for the congregation in the new fellowship space. As the adjacent property is owned by the church and is the site of the parish house, this setback places no burden on any adjacent property owners. We understand the new addition as proposed will exceed the 35% allowable hardcover for the property. The church proposes to eliminate some of the walks, the entry ramp, and reduce the amount of asphalt parking area to come into compliance. See the hardcover calculations noted on the site plan. In addition to the Land Use Application form and payment submitted by the church, this application includes the following documents: 1. Legal Survey Prepared by Shoberg Land Services 2. Legal Survey of the adjacent property owned by the church prepared by

Shoberg Land Services 3. Gas line survey 4. Highland Road street improvement plan and profile. 5. Survey with contours prepared by Shoberg Land Services 6. Site Plan prepared by 292 Design Group 7. Building Floor Plan by 292 Design Group 8. Building Exterior Elevations prepared by 292 Design Group

The Minnetrista Baptist Church is working to be as deferential as possible to the standards and requirements the City of Minnetrista has established. We are respectfully requesting this variance due to the difficulties we would have to construct this much needed addition to the church in any other way. Please let me know if any additional information is needed to complete this application. We appreciate the city’s cooperation in this manner. Sincerely,

Mark Wentzell, AIA Partner

planning commission meeting agenda july 23, 2018 …

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