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HomeMy WebLinkAbout2026-02-12 Planning Commission Meeting Packet PLANNING COMMISSION MEETING AGENDA Thursday, February 12, 2026 6:00 P.M. I. Call to Order / Pledge of Allegiance II. Approval of Agenda III. Approve January 8, 2026 Planning Commission Meeting Minutes (1) IV. Department / Commission Liaison / Other Reports V. Visitors/Public Comment This is an opportunity for the public to address the Commission with questions or comments on issues that are or are not part of the regular Agenda. Please limit comments to three minutes in length. VI. Public Hearings A. Homes by Kymbrandt LLC – 15055 Upper 63rd St. N.: Review and consider an application for a Variance to allow a minor subdivision of one lot into two lots, both with lot widths and lot sizes that do not conform with Zoning Ordinance requirements at 15055 Upper 63rd St. N. (2) VII. New Business VIII. Old Business IX. Informational X. Adjourn. ENCLOSURE 1 PLANNING COMMISSION MEETING MINUTES Thursday, January 8, 2026 I. Call to Order/Pledge of Allegiance: Vice Chair Husby called the meeting to order @ 6:00 p.m. Present: Commissioners Husby, Nelson, Stimpfel and Van Dyke; City Planner Richards, City Administrator Rife and City Councilmember Liaison Representative Liljegren. Absent: Commissioner Van Denburgh. II. Approval of Agenda: Commissioner Stimpfel, seconded by Commissioner Nelson, moved to approve the Agenda as presented. Carried 4-0. III. Approval of December 11, 2025 Meeting Minutes: Commissioner Stimpfel, seconded by Commissioner Van Dyke moved to approve the Minutes as presented. Carried 4-0. IV. Department / Commission Liaison / Other Reports: City Administrator Rife reported that the City has begun its review of the City Code for updating. V. Visitor / Public Comment: None. VI. Public Hearings: A. Power Plant Cannabis Shop II LLC – 13435 60th St. N.: Review and consider an application for a Conditional Use Permit and Design Guidelines/Site Plan Review, to allow a cannabis retail dispensary at 13435 60th St. N. (2) City Planner Richards reviewed the December 30, 2025 Planning Report, noting City staff recommended conditions should the Commission favor an approval recommendation to the City Council. Commission discussion was had as to the potential space within the building not being used by the applicant and secondary tenant considerations with regard to parking, access, and signage. Planning Commission Minutes January 8, 2026 Page 2 of 6 Vice Chair Husby opened the public hearing at 6:14 p.m. and invited public comment. Omar Salah introduced himself as the business operator on behalf of the applicant. Mr. Salah shared his retail experience, noted that the owner of the building is offering a lease with purchase option to them, and responded to questions regarding staffing, parking and the additional tenant space. Rosalie Perpch – 13481 60th St. N., owner of the business adjacent to the site inquired about community engagement requirements from the business and how that would be facilitated. She also asked about the consequences of failing to adhere to odor ventilation requirements and noted that she had a mental health business in her building. She expressed concern to there being adequate parking and a buffer between the properties being provided. It was noted that the approval conditions do not currently require community engagement, but that the Commission may elect to add that condition. Mr. Salah responded to the concerns of parking an odor, stating that it is their intention to maximize parking to both the front and the rear of the store and that odor should not be an issue as they are not growing or manufacturing and customers are not permitted to use the product on site. Eric Osmundson, owner of the building, addressed curb cuts, parking availability as the structure sits, and applicant approval by the City being confirmed based on the order in which their applications were received. General discussion as to applicants’ placements, timelines and requirements was had by the Commission, Mr. Salah and Mr. Osmundson. City Administrator provided an update as to the City Council’s consideration of the applications received to date. There being no additional public comment, Commissioner Van Dyke, seconded by Commissioner Nelson, moved to close the public hearing at 6:39 p.m. Carried 4-0. Commission discussion was had as to building security as proposed to be designed with a potential secondary tenant, access and parking. Commissioner Van Dyke, seconded by Commissioner Stimpfel, moved to recommend City Council approval of the request for Conditional Use Permit, subject to the amended conditions within the planning report, specifically that: 1. The applicant for Power Plant Cannabis Shop II, LLC is the fifth submitted and accepted by the City for Conditional Permit review. Section 1413.08 of the City Code limits the number of cannabis retailer businesses to four. The Conditional Use Permit for the Power Plant Cannabis Shop II, LLC cannabis retail dispensary at 13435 60th St. N. is conditional upon and will be valid only if there are less than four approved and licensed Planning Commission Minutes January 8, 2026 Page 3 of 6 cannabis retail facilities in the City. In other words, one of the first four pre-existing cannabis retailer CUPs must be either denied by the City or abandoned before a registration will be allowed for Power Plant Cannabis Shop II, LLC. If all four existing CUP applications with priority ahead of Power Plant Cannabis Shop II, LLC become fully registered, licensed and operational cannabis retailers, then this CUP shall be automatically revoked on an administrative basis without further action of the City Council. 2. The business operations shall be limited to retail cannabis product sales with no growing or manufacturing operations on site. 3. The business shall not create noise carrying beyond the lot upon which the business is located as specified in 401.B of the Zoning Ordinance. 4. Site Plan and Design Guideline review for changes to the site shall be required as required by the Zoning Ordinance and determined by the City. 5. The Applicant shall be required to provided plans from a licensed engineer and construct an ingress/egress driveway from 59th St. to the east driveway adjacent to the building, subject to approval of the City Engineer, and shall install the driveway prior to the opening of the business/issuance Certificate of Occupancy. 6. The landscape plan shall be subject to the review and approval of the City Arborist. 7. The business shall be ventilated so that odors cannot be detected by a person with a normal sense of smell at the exterior of the facility or at any adjoining use or property; the business shall not produce noxious or dangerous gases or odors or otherwise create a danger to any person or entity in or near the facilities as specified in 401.18.C of the Zoning Ordinance. 8. The business hours operation shall be limited to between 10:00 a.m. and 9:00 p.m., seven days a week as specified in 401.18.D of the Zoning Ordinance. 9. All signage shall comply with all sign requirements of 401.15.G and 401.18.E of the Zoning Ordinance and a sign permit shall be required. 10. All lighting shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses as specified in 401.15.B.7 and 401.18.F of the Zoning Ordinance. 11. The Fire Chief and Police Chief shall review and approve the security plans addressing public safety, and the business shall comply with all provisions of Section 401.18.G of the Zoning Ordinance and approved security plans. Planning Commission Minutes January 8, 2026 Page 4 of 6 12. All uses and activity shall be conducted indoors, with no exterior storage or activity allowed as specified in 401.18.H of the Zoning Ordinance. 13. If traffic, parking, or delivery issues develop in the immediate areas that are attributable to the proposed use, the Applicant shall be required by the City to implement traffic, parking or delivery control measures as determined by the City. Upon leasing of space in addition to that occupied by Power Plan Cannabis Shop II, LLC, the Conditional Use Permit shall be revisited related to parking and required stalls. 14. Any mechanical equipment that is ground mounted or visible from adjacent streets shall be screened as required by the Zoning Ordinance. 15. All trash and recycling shall be stored indoors or in an approved exterior screened area compliance with the Zoning Ordinance. Carried 4-0. B. Dave’s Hot Chicken – 5910 Neal Ave. N.: Review and consider an application from Fusion AE, LLC on behalf of MN Chicken LLC, for a Conditional Use Permit and Design Guidelines/Site Plan Review, for Dave’s Hot Chicken at 5910 Neal Ave. N. (3) City Planner Richards reviewed the December 31, 2025 Planning Report, noting City staff recommended conditions should the Commission favor an approval recommendation to the City Council. Vice Chair Husby opened the public hearing at 7:02 p.m. and invited public comment. Alex Humphries introduced himself as one of the franchise owners and discussed the rationale for number of signs requested, expressed the importance of the mural to the store and noted other locations where the mural has been permitted. There being no additional public comment, Commissioner Stimpfel, seconded by Commissioner Van Dyke, moved to close the public hearing at 7:05 p.m. Carried 4-0. Commission discussion was had as to signs. It was noted that there was no concern with the mural as presented. Commissioner Nelson, seconded by Commissioner Van Dyke, moved to recommend City Council approval of the request for Conditional Use Permit and Design Guidelines/Site Plan Review, subject to the conditions within the planning report, specifically that: Planning Commission Minutes January 8, 2026 Page 5 of 6 1. Wall signage should be limited to one pe façade for a total of four wall signs. The Applicant may determine which sign to use on each façade and two signs may be placed on one of the facades. At the time of sign permitting the Applicant shall provide the square footage of each of the facades to assure compliance with the 10 percent limit of signage. 2. The Applicant shall provide a plan for directional signs, any canopy structures, and menu boards compliant with the requirements of Section 401.15.G of the Zoning Ordinance. Any directional signage shall be subject to review of the City and can only include the name and logo of the business. 3. All signage shall be subject to final review and approval of City Staff for conformance with Zoning Ordinance standards. The sign lighting should be designed such that only the text and logo portions of the signs are lit at night. Staff shall approve the lighting specifications for signs at the time of permitting. 4. All lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. A photometric plan shall be provided for review and approval by City Staff. Building color wraps or LED and neon strip lighting is not allowed. 5. The outdoor lighting shall be turned off one hour after closing, expect for approved security lighting. 6. Any changes to trees or landscaping shall be subject to City Arborist review and approval. 7. Mechanical equipment that is located on the roof or visible from street level or from neighborhood properties shall be screened with materials that blend harmoniously with the building façade materials. 8. All storage of trash and recycling shall be totally within the trash enclosure. 9. The Planning Commission recommends the City Council approve the proposed building colors and use of building materials selection and colors. 10. A bike rack shall be identified on the site plan and placed on site. Carried 4 – 0. VII. New Business: None. VIII. Old Business: None. Planning Commission Minutes January 8, 2026 Page 6 of 6 IX. Informational: None. X. Adjourn. Commissioner Nelson, seconded by Commissioner Van Dyke, moved to adjourn at 7:13 p.m. Carried 4-0. Respectfully submitted, Julie Hultman Building Official Approved 12-11-2025 / 4-0 ENCLOSURE 2 PLANNING REPORT TO: Jacob Rife FROM: Scott Richards DATE: February 5, 2026 RE: Oak Park Heights – Variance for Subdivision Process and Regulations, Variance for Lot Size, and Variance for Lot Width – 15055 Upper 63rd Street North. TPC FILE: 236.02 – 26.01 BACKGROUND Kim Jackson of Homes by Kymbrandt LLC (Applicant) has made application for a variance from Subdivision regulations and process, and variance for lot size and lot width to allow for construction of one additional single family home at 15055 Upper 63rd St. N., City of Oak Park Heights. The lot would be split into two, with one existing single family home that will be renovated and area for construction of a second single family home. The second lot will be addressed as 15051 Upper 63rd Street if the lot subdivision is approved. The site consists of one parcel at 18,290 square feet. The property is zoned R-2 Low and Medium Density Residential District. The property line is proposed to be moved to create two lots, both at 9,145 square feet, and lot width at the front property line of 67.8 feet. The proposed lots will not comply with lot size and lot width requirements of the R- 2 District, requiring a variance. The other variance is required to allow the boundary line adjustment as a minor subdivision, thus not requiring a preliminary/final plat. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative Exhibit 2: Site Location Map Exhibit 3: Property Dimensions Map / Neighborhood Lot Size Comparison Exhibit 4: Certificate of Survey Exhibit 5: Plat Map Exhibit 6: Report and Descriptions for Possible Minor Lot Subdivision Exhibit 7: Map with Proposed Garage 2 PROJECT DESCRIPTION The Applicant has provided a project narrative that is found below and as Exhibit 1 of this report. “The proposed parcel division requests two parcels with total square footage slightly below the minimum lot area requirement of Oak Park Heights. The deviation is minimal and does not materially affect the parcels’ sustainability for development. Both resulting parcels remain functional, buildable, and consistent with the intent of the zoning district, with sufficient area to accommodate permitted structures, required setbacks, on-site parking, and utilities. The minor reduction in lot area does not increase density beyond what is typical for the surrounding neighborhood and does not negatively impact light, air, privacy, or open space. Strict enforcement of the minimum lot area requirement, and combination with the minimum footage standard, would create an unnecessary hardship due to the existing configuration of the parcel. Granting relief for this minor square footage deficiency allows reasonable use of the property while maintaining compliance with all other applicable development standards. In conclusion, the requested relief represents the minimum deviation necessary to allow the proposed subdivision and is consistent with surrounding lot sized and established development patterns within the surrounding neighborhoods.” ISSUES ANALYSIS Comprehensive Plan. The property is designated as Low Density Residential on the Proposed Land Use Map. The single family dwellings will be consistent with this land use designation. Zoning. The property is zoned R-2 Low and Medium Density Residential District. The District requires the following: District Lot Area Lot Width Building Height R-2 10,400 SF 80 feet 35 feet As indicated, the proposal is to create two lots, both at 9,145 square feet. Additionally, the proposed lot widths are 67.8 feet. The lots are adequately sized for the existing and another house. Section 401.15.C.1 Yard Requirements of the Zoning Ordinance state the following. A variance is required from the lot size and lot width requirements. 3 No lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard or open space less than the minimum required by this Ordinance, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. No required open space provided for any building or structure shall be included as part of any open space required for another structure. Section 401.04.A General Provisions and Standards of the Zoning Ordinance list criteria for review of a variance from the lot area and lot width requirements. A review of those criteria is found later in the report. Lot Area and Width – Surrounding Neighborhood. The lot directly to the east, 15063 Upper 63rd Street North is 8,796 square feet with a lot width of 65 feet. Exhibit 3 shows property addresses, lot size and lot widths within the vicinity of the subject property. Note that most of the lots on Upper 63rd Street North are compliant with the R- 2 District standards, but others on 63rd Street have 50 foot lot widths and lot sizes of less than 9,000 square feet. Subdivision. The provisions for review of a minor subdivision are found below. The request is to create two lots that do not conform to R-2 District standards. The provisions for minor subdivisions allow for an administrative approval if the new lots conform with the Zoning Ordinance lot size minimum standards. In this case, the minimum standards will not be met. Staff suggested that the minor subdivision process be used, rather than requiring a preliminary/final plat which would be a significant additional expense to the Applicant. G. Minor Subdivisions: a. Qualification: This section applies to the following applications: 3. In the case of a request to divide a lot from a larger tract of land and thereby creating no more than two lots, both of which conform to Zoning Ordinance lot size minimum standards. To qualify, the parcel of land shall not have been part of a minor subdivision within the last five (5) years. b. Design Standards. The minor subdivision shall conform to all design standards as specified in this Chapter. Any proposed deviation from said standards shall require the processing of a variance request. c. Processing: 1. If the land division involves property which has been previously plated, or the total property area included is greater than ten (10) acres, the Zoning Administrator may approve the subdivision, provided that it complies with applicable provisions of this Chapter. There are no criteria for a variance from procedural standards of the Subdivision Ordinance, but the Planning Commission and City Council should determine if allowing 4 creation of the second lot is appropriate. Based on the fact that the request is a simple addition of a lot, this should be processed as a minor subdivision. 15222 62nd Street North. The most recent action related to creating lots that do not conform with zoning requirements occurred in 2022. The City Council, at their December 13, 2022, meeting approved a boundary line adjustment at 15222 and 15224 62nd Street to create two lots, one at 8,093 square feet, and the second one at 8,047 square feet. Additionally, the lot widths are 60.3 feet for 15222 62nd Street and 60.0 feet for 15224 Street. One of the lots has been developed with a single family home, the other lot is for sale. Setbacks. The R-2 District requires the following: District Front Yard Side Yard Rear Yard R-2 30 feet1) 10 feet2) 30 feet The existing house, after subdivision, will comply with the side and rear setbacks. The front yard setback of the existing structure is 26.3 feet. The new house setbacks will be required to be compliant with the requirements of the R-2 District. Building Height. The building height maximum in the R-2 District is 35 feet. The new single family structure will be required to be compliant with Parking / Garage. Section 401.15.F.9. of the Zoning Ordinance provides the parking requirements for single family dwellings as follows: Single Family, Two-Family, and Townhouse Unit. Two (2) spaces per unit, both of which are in a covered garage structure. Each of the single family structures will be required to have a two stall garage. The Applicants have proposed, in Exhibit 7, a site plan for 15055 Upper 63rd Street North with a 24x24 garage, set back behind the house. The new house will be required to have an attached or detached two stall garage. Grading/Drainage/Utilities. The Applicant will be required to provide a stormwater management plan and utility plan for the project as part of building permit review. The plans shall be subject to review by the City Engineer. Design Criteria – Single Family. Sections 401.15.C.7-8 provide single family building requirements for new construction. The proposed single family home plans will be considered at the time of building permit review. 5 Variance Criteria – Zoning. Review Criteria. In considering all requests for a variance and in taking subsequent action, the Planning Commission and City Council shall make a finding of fact that the proposed action will not: a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase the congestion in the public street. c. Have the effect of allowing any district uses prohibited therein, permit a lesser degree of flood protection than the flood protection elevation for the particular area, or permit standards which are lower than those required by State law. d. Increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Ordinance. f. Violate the intent and purpose of the Comprehensive Plan. g. Violate any of the terms or conditions of Item 5, below. 5. Conditions. A variance from the terms of this Ordinance shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. 1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. 2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. 3) Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance or deny the applicant the ability to put the property in question to a reasonable use. c. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. 6 d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district under the same conditions. e. The request is not a result of non-conforming lands, structures or buildings in the same district. f. The request is not a use variance. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. h. The request does not create an inconvenience to neighboring properties and use. Comment: The Planning Commission and City Council should review the above criteria regarding the request for the Zoning variance. City Staff sees no neighborhood, public service, public safety, or infringement on adjoining property issues with this request. The neighborhood has been developed with a variety of lot sizes, some similar to what is proposed. The proposed lots and house will not be at odds with what is already in place in the neighborhood. Variance Criteria – Subdivision. There are no criteria for a variance from procedural standards of the Subdivision Ordinance, but the Planning Commission and City Council should determine if allowing this boundary line adjustment is appropriate as an administrative approval. Based on the fact that the request is appropriate for a minor subdivision, the variance is supported by Staff. CONCLUSION / RECOMMENDATION Subject to the requests for a variance from Subdivision Regulations and process, and variance for lot size and lot width to allow for construction on two single family lots at 15055 Upper 63rd Street North, Staff would recommend approval with the following conditions: 1. The house at 15055 Upper 63rd Street North and the newly created lot shall each be required to construct an attached or detached two stall garages conforming with all Zoning Ordinance requirements. 2. The new house will be required to be compliant with the requirements of the R-2 District and all other Zoning Ordinance requirements such as building height and design criteria for single family dwellings. 3. The final grading, drainage and utility plans shall be subject to the review and approval of the City Engineer. 4. Any other conditions of the Planning Commission and City Council. c: Julie Hultman EXHIBIT 1 EXHIBIT 2 40 40 40 80 120 135 65 80 80 120 80 80 40 120 80 1208080807089 808060505060608080 80 15026 10,841.3 sf 15042 16,253.4 sf 15058 10,829.7 sf 15074 10,825.1 sf 15100 16,229.1 sf 6366 16,218.5 sf 6337 5,421.2 sf 6337 5,420.1 sf 6337 5,418.9 sf 15055 18,280.4 sf 15063 8,796.9sf 15083 10,822.8 sf 15087 10,818.1 sf 6332 5,407.3 sf 6332 10,811.4 sf 6310 16,218.9 sf 15100 10,818.1 sf 15090 10,822.8 sf 15070 10,827.4 sf 15056 9,612.7 sf 15042 12,055.9 sf 6307 10,841.3 sf 15015 10,835 sf 15041 10,830.7 sf 15051 8,120.1 sf 15061 8,118 sf 15073 6,763.2 sf 15081 6,761.2 sf 15095 9,396.9 sf 15105 10,811.7 sf 6286 10,808.2 sf 67.5 67.5 9,140.2 sf 9,140.2 sf 63rd St N Upper 63rd St N Pa r i s A v e N Pa n a m a A v e N Washington County, MN ® R:\GIS\client_reference_data\United States\MN\Oak_Park_Heights\Projects\Pro\Planning\Planning.aprx City Boundary Parcel Subject Property 200 0 200100 Feet City of Oak Park Heights Property Dimensions Map 1:1,000 EXHIBIT 3 EXHIBIT 4 •-----­t :�'·-•} ---I� 30 e L--1 _40 ____::L-_._�---1-----l. :_----l.....-_____.:_. ----1,l_�-----1..- 0 lO 30 � 30 0 --lO 40 15 (0096) Lt) rzo 14 (0095) 13 (0094) 12 I .11. 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