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CITY OF OAK PARK HEIGHTS
PLANNING COMMISSION MEETING AGENDA
Thursday, October 14, 2004 7 :00 p.m.
7:00 I. Call to Order:
H. Approval of Agenda
III. Approve Minutes of August 12, 2004 (1)
IV. De artmennt commission Liaison ther Re orts:
A.
B.
C.
Commission Liaison:
St. Croix Crossing Update:
Other:
7:15 V. Visitors /Public Comment:
This is an opportunity for the public to address the Commission with questions or concerns
regarding items not on the agenda. Please limit comments to three minutes.
VI. Public Hearings:
A. Zoning Ordinance Text Amendment: To consider amendments to Oak
Park Heights Zoning Ordinance, Section 401.15.A as it relates to non-
conforming buildings, structures, uses and lots. (2)
VII. New Business:
VIII. Old Business:
IX. Informational:
A. Next Meeting: November 4, 2004 Regular Meeting 7:00 p.m.
B. Council Representative: October Commissioner Dwyer
November Commissioner Liljegren
X. Adjournment
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Call To Order:
Chair Dwyer called the meeting to order at 7:00 p.m. Present: Vice Chair Rnnk, Commissioners
Liljegren, Oswald and Wasescha. City Planner Richards, City Administrator Johnson and
Commission Liaison McComber.
Approval of Agenda:
CITY OF OAK PARK HEIGHTS ENcLOSIAS "1,
PLANNING COMMISSION MEETING MINUTES
Thursday, August 12, 2004
Chair Dwyer, seconded by Commissioner Wasescha, moved to approve the Agenda as presented.
Carried 5 -0.
Approve Minutes:
Commissioner Wasescha, seconded by Vice Chair Runk, moved to approve the Minutes of July 15,
2004. Carried 5 -0.
Department /Commission Liaison Reports /Other Reports
A. Commission Liaison:
B. St. Croix Crossing Update: Commission Liaison McComber reported that there are
public hearings scheduled for September 21St at Stillwater Junior High School and September
22 at Somerset High School. Both are scheduled from 5:00 p.m. to 9:00 p.m. is a
Stakeholders meeting scheduled for July 27, 2004 from 9 a.m. to 4:30 p.m. at Stillwater City
Hall.
C. Other:
Visitors /Public Comment:
There were no visitors to the meeting other than those present for items upon the published
Agenda.
Public Hearings:
A. Don Hoff d /b /a ARMCO Transmissions: To consider requests for site plan review and
conditional use permit allowing auto related use within the B -3, Highway /Business
Warehouse District at 12430 55th St. N. (2)
City Planner Richards reviewed the August 5, 2004 planning report regarding the request, provided
an issue analysis, and recommended conditions for approval, should the Commission wish to
recommend approval of the request.
Chair Dwyer opened the public hearing for comment.
Planning Commission Minutes
August 12, 2004
Page 2 of 5
Don Hoff, the applicant introduced himself and stated that he was available for questions.
There being no others present, wishing to address the Commission on the request, Vice Chair Runk,
seconded by Commissioner Liljegren, moved to close the public hearing. Carried 5 -0.
Discussion ensued as to conditions of planning report and nature of business. Richards noted that
the floor drains proposed are in compliance with building code requirements and are subject to the
Building Official's approval.
Chair Dwyer, seconded by Commissioner Oswald, moved to recommend City Council approval
subject to the August 5, 2004 Planning Report conditions as amended:
1. All automobile repair activities shall be limited to within the principal structure and the doors
to the service bays shall be kept closed except when vehicles are being moved in and out of
service areas.
2. There shall be no exterior storage of automobile parts, parked cars, tanks (for transmission fluid,
oil, etc.) or related items on the site. All storage shall be internal to the building. Any cars to
be stored outside of the building shall be in full working order.
3. All tanks shall be stored in compliance with building and fire codes.
4. All noise created from operations on the site shall be in conformance with Section 401.15.B.11
of the Zoning Ordinance.
5. The applicant shall receive and retain, if required, a Hazardous Generators License from
Washington County for the AAMCO Transmission operation.
6. If new lighting is to be installed over the new service bay doors, fixture details are to be
submitted to the City for review and approval.
7. All proposed signage shall be in compliance with Section 401.15.G of the Zoning Ordinance.
8. Stormceptors shall be installed for all floor drains in compliance with the Building Code and ate
subject to review and Building Official approval.
Carried 5 -0.
B. Fox Hollow PUD (formerly East Oaks PUD 2 °d Addition).: To consider request for General
Plan of Development allowing construction of two office buildings and one residential
condominium building, located South of 60th St. and East of Osgood Ave. N. (3)
City Planner Richards reviewed the August 5, 2004 planning report as to the request for approval of
a mixed use, planned unit development (PUD), which will include a 29 unit condominium building,
a 2,090 square foot office building and a 7,600 square foot office building. Richards provided an
issue analysis and recommended conditions for approval, should the Commission wish to
recommend approval of the request.
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Chair Dwyer opened the public hearing for comment.
Planning Commission Minutes
August 12, 2004
Page 3 of 5
Scott Ward of Stevens Engineering discussed the site work design for the project, noting that a MN
Access permit has been received and provided the Commission with a copy of the same. He stated
that they have had conversations with Xcel Energy regarding project issues and that it appears that
they will be able to work out an agreement.
Jeff Hause, the applicant, discussed building heights and elevations and made himself available for
additional questions.
Russ Baribeau 5900 Oxboro Ave. N. expressed his concern about the East Oaks property being
used as a short -cut to places, noting that it is already being used as one by properties to the SE. He
stated that he would like to see a barrier of some kind, such as a fence, put in place to separate the
properties and cut off the possibility of shortcutting.
Ken Neumann 5852 Oxboro Ave. N. stated that there has been an ongoing problem with children
cutting through the yards of East Oaks residents, including his own. Mr. Neumann acknowledged
that he was not sure how this could be controlled.
Chair Dwyer expressed his understanding of the concern expressed as to the short cutting through
their yards by neighboring areas but wasn't certain that this was applicable to the request being
discussed. He asked Mr. Neumann as to his opinion to a fence being installed between the two
properties, to which Mr. Neumann stated that a natural look was being sought.
Roberta Thompson 5920 Oxboro Ave. N. expressed concern about increased traffic and
questioned whether or not the existing roadway would be able to handle the increase.
Bob Hegna 5870 Oxboro Ave. N. stated that he likes the plan being presented and would like to
see it happen.
Jeff Hause discussed design elements of the project, the location for placement of the monument
signs, stated that he can work with the conditions of the planning report, including the height
requirement for the monument signage. He stated that the pool would close at 10:00 p.m. and he is
okay with that being a condition of approval.
Vice Chair Runk, seconded by Commissioner Oswald, moved to close the public hearing. Carried
5 -0.
Discussion ensued as to the conditions of the Planner's report.
Chair Dwyer, seconded by Commissioner Liljegren, moved to recommend City Council approval,
subject to the amended conditions of the August 5, 2004 Planning Report:
1. The 25 foot front yard setback for the office buildings is acceptable as part of the general plan
of development approval.
2. The plat /development agreement shall provide the appropriate easements as required by the
City Engineer and City Attorney.
Planning Commission Minutes
August 12, 2004
Page 4 of 5
3. The City Attorney shall comment on the use of outlots for the pond and access drives.
4. All access and parking easements and agreements shall be addressed in the development
agreement.
5. Park dedication fees of $22,952 shall be paid at the time of finalization of the final plat and
development agreement.
6. The MnDOT permit for access to 60th Street North shall be provided to the City.
7. At least one van accessible stall shall be provided in the underground parking garage of the
condominium building.
8. At least one van accessible stall shall be provided, in addition to the two stalls shown on the
plan, for the office buildings. The City Engineer shall comment on the parking stall dimensions
within the office building parking garage.
9. The grading and drainage plans shall be subject to review and approval of the City Engineer and
applicable watershed district.
10. The alternate grading plans, that indicate a portion of property owned by Xcel Energy, shall be
subject to written approval of Xcel Energy and the City Engineer.
11. The utility plans are subject to review and approval of the City Engineer.
12. The landscape plans, tree removal plans and preservation plans are subject to review and
approval of the City Arborist.
13. The applicant shall consider planting additional plant material directly adjacent to the
condominium building to reduce the mass and scale of the elevations subject to review and
approval of the City Arborist.
14. The applicant shall consider the extension of the sidewalk on the west side of the westerly office
building to 60th Street.
15. The applicant shall provide plans for pool area lighting and the pool are shall comply with the
City's noise ordinance. The pool are shall close between the hours of 10:00 p.m. and 6:00 a.m.
and pool area lighting shall be shut off at least one -half hour after the closing time.
16. All lighting fixtures shall be in compliance with the lighting requirements of the Zoning
Ordinance.
17. All of the monument signs shall be allowed at a maximum height of eight (8) feet.
18. The building design is consistent with the Design Standards.
Planning Commission Minutes
August 12, 2004
Page 5 of 5
19. A development agreement shall be required between the City and the applicant subject to review
and approval of the City Attorney.
Carried 5 -0.
New Business:
Old Business:
Rezoning Request Update:
Commission Liaison McComber reported on a request for the rezoning the area around Stagecoach
Trail in the Village Area, which was recently discussed at a City Council meeting. The City Council
recommended revisiting the request as such time the Comprehensive Plan Update is revisited, which is
in approximately two years.
Informational:
A. Next Meeting: September 9, 2004 7:00 p.m. Regular Meeting
B. Council Representative: August Commissioner Wasescha
September Commissioner Oswald
Adjournment: Commissioner Lil j egren, seconded by Commissioner Wasescha, moved to
adjourn at 7:51 p.m. Carried 5 -0.
Respectfully submitted,
Julie Hultman
Community Development
Approved by the Planning Commission:
MEMORANDUM
NORTHWEST ASSOCIATED CONSULTANTS, INC.
480 Olson Memorial Highway, Suite 202, Golden Walley, MN 55422
Telephone: 763 Facsimile: 763231 .2561 planners nacplanning.com
TO: Eric Johnson
FROM: Scott Richards
DATE: October 7, 2004
FILE NO: 798.04 04.01
ENCLOSURE 2
RE: Oak Park Heights —Non Conforming Building /Use Section of the
Zoning Ordinance: Amendments to Reflect Minnesota State Statutes
Please find attached a proposed Zoning Ordinance amendment to Section 401.15.A as
it relates to non conformities. As you aware, the Minnesota Legislature approved and
the Governor signed in 2004 a change to the Statutes as it relates to non conformities.
Essentially, the law provides an owner of a property the right to reconstruct and restore
a non conformity once it has been "destroyed by fire or other peril" within 180 days after
the occurrence. Previously, the law deemed any structure or use that was non-
conforming and destroyed by more than 50 percent of its value as a non conformity that
could not be reconstructed unless done in such a way as to make it conforming.
An applicable example would be the case of Larry Phillips at 5272 Stagecoach Trail. A
fire destroyed more than 50 percent of the value of the structure. In that it occurred
before the statute was changed, he was required to apply for and receive a variance in
order to reconstruct his house in the Industrial District. Under the current law, he would
have been permitted to apply for a building permit, within 180 days after the fire, to
replace the house. After 180 days, he would have had to request a variance in order to
rebuild.
Section 401.15.A.7, the Destroyed Non Conforming Use section, has been revised to
reflect the statute change. Also included as an attachment to this memo is the new
statute language.
Staff has also recognized another provision of the non conforming section that should
be revised and updated. Section 401.15.A.9, as it relates to maintenance and
alterations, has been revised in the attached draft to allow more flexibility in allowing
non conformities to expand, as long as the non conformity is not increased. We have
included language in that section that has been adopted recently by many other cities to
address requested changes to a non conforming property or use. The Zoning
Ordinance already allows for alterations to non- conforming single family properties.
This ordinance amendment provides more clarity to that provision. Additionally, we
have added a process to allow for non conforming commercial, industrial, public, semi-
public ublic and multiple family structures to be expanded by a conditional use permit in
certain cases and administratively for others.
The Planning Commission should review these ordinance amendments at their October
14, 2004 meeting and provide direction and a recommendation.
pc: Mark Vierling
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401.15. GENERAL PROVISIONS
401.15.A. Non Conforming Buildings, Structures, Uses and Lots.
1. Purpose. It is the purpose of this section to provide for the regulation of non-
conforming buildings, structures and uses and to specify those requirements,
circumstances and conditions under which non conforming buildings, structures and
uses will be operated and maintained. The Zoning Ordinance establishes separate
districts, each of which is an appropriate area for the location of uses which are
permitted in that district. It is necessary and consistent with the establishment of
these districts that non-conforming buildings, structures and uses not be permitted
to continue without restriction. Furthermore, it is the intent of this section that all
non conforming uses shall be eventually brought into conformity.
2. Continued Non Conformity. Any structure or use lawfully existing upon the
effective date of this Ordinance shall not be enlarged, but may be continued at the
size and in the manner of operation existing upon such date except as hereinafter
specified or, subsequently amended.
3. Repairing. Nothing in this Ordinance shall prevent the placing of a structure in safe
condition when said structure is declared unsafe by the Building Inspector providing
the necessary repairs shall not constitute more than fifty (50) percent of fair market
value of such structure. Said value shall be determined by the City Assessor.
4. Moving. No non conforming building, structure or use shall be moved to another
lot or to any other part of the parcel of land upon which the same was constructed
or was conducted at the time of this Ordinance adoption unless such movement
shall bring the non conforming into compliance with the requirements of this
Ordinance.
5. Changing Uses. When any lawful non conforming use of any structure or land in
any district has ben changed to a conforming use, it shall not thereafter be changed
to any non conforming use.
6. Changing Use to Lessen a Non Conformity. A lawful non conforming use of a
structure or parcel of land may be changed to lessen the non conformity of use.
Once a non conforming structure or parcel of land has been changed, it shall not
thereafter be so altered to increase the non conformity.
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7. Destroyed Non Conforming Use. If at any time a non conforming building,
structure or use shall be destroyed to the extent of more than fifty (50) percent of
its fair market value, said value to be determined by the City then without further
action by the City Council, the building and the land on which such building was
located or maintained shall, from and after the date of said destruction, be subject
to all the regulations specified by these zoning regulations for the district in which
such land and buildings are located, unless a building permit has been applied for
within one hundred ei• h 180 da s to restore the buildin to its on final condition.
Any building which is damaged to an extent of less than fifty (50) percent of its
value may be restored to its former extent if it is reconstructed within twelve (12)
months after the date of said damage. Estimate of the extent of damage or
destruction shall be made by the Building Official.
8. Discontinuing Use. Whenever a lawful non conforming use of a structure or land
is discontinued for a period of s one (1) year, following written notice 1
from an authorized agent of the City, any future use of said structure or land shall
be made to conform with the provisions of this Ordinance.
�9.
9. Alterations.
Alterations and
normal maintenance to a lawful non- conformin buildin or structure ma be made
provided:
The alterations do not ex and the buildin• size.
The alterations do not chan.e the buildin occu•anc ca•acit or •arkin
demand.
c. The alteration does not increase the non conformity of the building or the
use.
10. Expansion.
a
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Administrative A
the Zonin. Administrator. The Zonin. Administrator shall make a
royals. The ex ansions of lawful non-conformin sin le
famil or two famil residential buildin s and structures ma be a
determination that the buildin
ex ansion will have no external ne
ir_r_pi acts upon adjgcent properties orpublic rights-of-wa\L
roved b
ative
1 Exiansion of buildinss found to be non-conformin. onl b reason of
het
ht
ard setback lot area or off-street
&kin
ma be
ermitted
1
provided the structural non-conformity is not increased and the
expansion complies with the performance standards of this
Ordinance.
2) Lawful non-conforming single family and two family units may be
expanded to improve the livability provided the non-conformity of the
structure is not increased.
b. Conditional Use Permit. Lawful non-conforming commercial, industrial,
public, semi-public, and muittple family structures may be expanded on the
same lot b conditional use ermit in accordance with Section 401.03 of this
Ordinance.
1) Expansion of building found to be non-conforming only by reason of
hei ht and setback are exem t from re uirin a conditional use ermit
and ma
be a
roved b the Zonin
Administrator.
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Except for the above, the expansion will not increase the non-
pj2Disirmitufili gDt.ffidin or site.
3) The new building expansion will conform with all applicable
performance standards of this Ordinance. A conditional use permit
shall not be issued under this section for a deviation from other
rp .1Lremppkgtthis Ordinance unless variances are also approved.
4) The request for conditional use permit shall be evaluated based on
standards and criteria set forth in Section 401.03.A.7 of this
Ordinance.
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11. Constructing a Non-Conforming Use. Any proposed structure which will, under
this Ordinance, become non conforming but for which a building permit has been
lawfully granted prior to the effective date of this Ordinance, may be completed in
accordance with the approved plans; provided construction is started within sixty
(60) days of the effective date of this Ordinance, is not abandoned for a period of
more than one hundred twenty (120) days, and continues to completion within two
(2) years. Such structure and use shall thereafter be a legally non conforming
structure and use.
12. Junk Yard. No junk yard may continue as a non conforming use for more than one
(1) year after the effective date of this Ordinance, except that a junkyard may
continue as a non conforming use in an industrial district if within that period it is
completely enclosed within a building, fence, screen planting, or other device of
such height as to screen completely the operation of the junk yard. Plans for such
a building or device shall be approved by the City Council before it is erected or put
into place.
13. Legal Non Conforming Lots.
a. Vacant or Redeveloped Residential Lots.
1) A lot of record existing as of the effective date of this Ordinance in a
residential district, which does not meet the requirements of this
Ordinance as to area or width, may be utilized for single family
detached dwelling purposes provided that in all residential districts,
the measurements of such lot's area and frontage width are within
seventy (70) percent of the requirements of the respective district, as
established by this Ordinance.
2) The preceding sub section 1) is not intended to permit a reduction in
setbacks or required yards.
In the event that the measurements of such lot's area and width do
not comply with sub section 1) above, then approval for the
construction of a single family dwelling may be requested as a
conditional use permit, subject as regulated by Section 401.03 of this
Ordinance.
b. Developed Lots. An existing conforming use on a lot or substandard size
may be expanded or enlarged if such expansion or enlargement meets all
other provisions of this Ordinance.
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14. Hazardous Non Conformities. Non conforming buildings, structures, and /or uses
which, based upon documented study and evidence, pose a danger and /or threat
to the health, safety, and general welfare of the community, shall:
a. Be legally declared a nuisance by the City.
b. Upon being identified by the City and upon the owner being notified in writing
by the City, the owner shall provide to the City a documented time schedule
and program with rationale to support the proposed amortization of the
building, structure, or use investments which will result in the termination or
correction of the non conformity.
1) The termination /correction time schedule shall be based upon, but not
limited to, factors such as the initial investment and the degree of
threat or danger being posed.
2) The acceptability of the time schedule shall be determined by the
Zoning Administrator with right of appeal.
3) In no case shall a time schedule exceed five (5) years.
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