HomeMy WebLinkAbout2014-05-06 PC Packet
AGENDA
MAPLEWOOD PLANNING COMMISSION
Tuesday,May 6, 2014
7:00PM
City Hall Council Chambers
1830 County Road B East
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes
a.April 15,2014
5.Public Hearing
a.7:00 p.m. or later: Approval of a Shorelend Setback Variance Resolution for the Construction
of a Home Addition, 2843 Meadowlark Lane
b.7:00 p.m. or later: Approval of a Variance Resolution for the Construction of a New Garage,
798 McKnight Road
c.7:00 p.m. or later:Approval of a Conditional Use Permit and Design Plans for a Building
Addition to Beaver Lake Elementary School
d.7:00 p.m. or later: Approval of Conditional Use Permit to Reduce the Parking Lot Setback for
the Hobby Lobby Dock Addition at the Plaza 3000Shopping Center, 3000 White Bear Avenue
e.7:00 p.m. or later: Approval of Home Occupation License for Just Rita’s a Hair Salon Located
at 2139 Edgerton Street
6.New Business
7.Unfinished Business
8.Visitor Presentations
9.Commission Presentations
a.Commission presentation for theApril 28, 2014 city council meeting. Commissioner Trippler
wasscheduled to attend. There wereno items requiring planning commissionrepresentation.
b.Commission representation for the May 12, 2014 city council meeting. Commissioner Desaiis
scheduled to attend. The anticipated itemsfor review are the Verizon Wireless CUP,the
Plaza 3000 parking lot setback reduction CUP, the Beaver Lake Elementary School CUP, the
shoreland setback variance for 2843 Meadowlark Lane and the garage setback variance for
798 McKnight Road.
c.Commission representation for the May 26, 2014 city council meeting. Commissioner
Arbuckle isscheduled to attend. This meeting falls on Memorial Day and is cancelled.
d.Commission representation for the June 9, 2014 city council meeting. Commissioner Diatta is
scheduled to attend. Items to be reviewed are the Just Rita’s Home Occupation request at
2139 Edgerton Street and the reconsideration of an ordinance amendment requested by U-
Haulto allow indoor warehousing in a BC district.
10.Staff Presentations
11.Adjournment
DRAFT
MINUTESOF THE MAPLEWOOD PLANNING COMMISSION
1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA
TUESDAY, APRIL 15,2014
1.CALL TO ORDER
A meeting of the Commissionwas held in the City Hall Council Chambers and was called to order
at 7:00p.m.by Acting Chairperson Arbuckle.
2.ROLL CALL
Paul Arbuckle, Acting ChairpersonPresent
Al Bierbaum, CommissionerPresent
Absent
Tushar Desai,Chairperson
Yaya Diatta, CommissionerPresent
John Donofrio, CommissionerPresent
Allan Ige, CommissionerPresent
Bill Kempe, CommissionerPresent
Donn Lindstrom, CommissionerPresent
Dale Trippler, CommissionerPresent
Staff Present:
Tom Ekstrand, Senior Planner
3.APPROVAL OF AGENDA
CommissionerTripplermoved to approve the agenda as submitted.
Seconded by CommissionerKempe.Ayes –All
The motion passed.
4.APPROVAL OF MINUTES
Commissioner Trippler had a correction to the minutes on page3, item 10. It should say April 15
not 28.
CommissionerTripplermoved to approve theMarch 18,2014, PCminutes as amended.
Seconded by CommissionerKempe.Ayes –All
The motion passed.
5.PUBLIC HEARING
None.
6.NEW BUSINESS
a.Overview of Gladstone Phase 2 Improvements
i.Senior Planner, Tom Ekstrand introduced Jon Horn from Kimley-Horn & Associates to
give the presentation.
April 15, 2014 1
Planning CommissionMeetingMinutes
ii.Jon Horn, Kimley-Horn & Associates, St. Paul addressed the commission and gave a
presentation on the Gladstone Phase 2 Improvements and answered questions of the
commission.
No action was required.
7.UNFINISHEDBUSINESS
None.
8.VISITOR PRESENTATIONS
None.
9.COMMISSION PRESENTATIONS
a.Commissioner presentation for the March 24, 2014, city council meeting.
Commissioner Lindstrom was scheduled to attend. There were no planning
commission items requiring planning commission representation.
b.Commissioner presentation for the April 14, 2014, city council meeting.
Commissioner Ige was scheduled to attend. There were no items requiring planning
commission representation.
c.Commission representation for the April 28, 2014, city council meeting.
Commissioner Trippler is scheduled to attend. At this time there are no anticipated
items requiring planning commission representation.
d.Commission representation for the May 12, 2014, city council meeting. Chairperson
Desai is scheduled to attend. The anticipated items for review are the Verizon
Wireless CUP and the Plaza 3000 parking lot setback reduction CUP.
10.STAFFPRESENTATIONS
Staff stated the next planning commission meeting of May 6, 2014, will have at least five items to
review. The only city council meeting of the month will be May 12, 2014, and will be a very busy
meeting. The last city council meeting of May 26, 2014, falls on Memorial Day so it has been
cancelled.
11.ADJOURNMENT
Acting ChairpersonArbuckleadjourned the meeting at 7:34p.m.
April 15, 2014 2
Planning CommissionMeetingMinutes
MEMORANDUM
TO:
Charles Ahl,City Manager
FROM:
Michael Martin,AICP, Planner
Melinda Coleman,Assistant City Manager
DATE:
April 29, 2014
SUBJECT:
Approval of a Shoreland Setback VarianceResolution for the
Construction of a Home Addition, 2843 Meadowlark Lane
Introduction
David and KathleenGabel are proposing to build a364 square foot addition to their home
located at 2843 Meadowlark Lane. Their home is currently 50 feet from the edge of Kohlman
Lake. City ordinance requires a 75-foot setback from the lake. The addition would be 45 feet
from the lake, thus requiring a 30-foot setback variance.
Discussion
Shoreland Ordinance
Kohlman Lakeis a Class 4 Public Water. The shoreland ordinance requires structures to have a
setback of 75 feet to the ordinary high water mark of a Class 4 Public Water. The maximum
percentage of impervious surface for a single family waterfront lot is 30 percent, with the
possibility of increasing that to 40 percent with stormwater best management practices approved
by the cityengineer.
The house is located 50feet fromthe ordinary high water mark of Kohlman Lake. City staff
calculates the dry land of the lot to be 18,368square feet in area with 3,475 square feet of
impervious surface coverage (19percent). The lot currently exceeds the shoreland structure
setback requirements of 75 feet to the ordinary high water mark but is well below theimpervious
surface coverage maximums of 30 percent.
The additionwill be located within 45feet of the lake and will require a 30-foot shoreland
structure setback variance. As part of the applicant’s current plans, they are removing 998
square feet of existing concreteandto be replaced by an 850 square foot permeable paver
patio. The applicant has alreadyrestored the shoreland with native vegetation.
DepartmentComments
Engineering
The engineering department has no concerns with this proposal.
Building Official
Nick Carver, the Maplewood Building Official, had the following comments:
Must meet all building code requirements.
Environmental Planner
Refer to the report by Shann Finwall and Virginia Gaynor dated April 29, 2014. Ms. Finwall and
Ms. Gaynor’s conditions noted in their report should be made conditions of this project.
Commission Action
Planning Commission
On May 6, 2014, the planning commission will hold apublic hearing and make a
recommendation to the city council.
Budget Impact
None.
Recommendation
1.Adopt the resolution approving ashorelandsetbackvariance from KohlmanLake –a
Class 4 Public Water.Approval is based on the following reasons:
A.Strict enforcement of the ordinance would cause the applicant practical difficulties
because complying with the shorelandsetbackrequirement stipulated by the
ordinance would prohibit the building of any permanent structures, substantially
diminishing the potential of this lot.
B.Approval of the requested shorelandsetbackvariance would benefit the adjacent
lake because the site will have its impervious surface area reduced.
C.Approval would meet the spirit and intent of the ordinance since the proposed
additionwould be built in an area that is already maintained as lawn, which is also
allowed by ordinance.
D.The Minnesota Department of Natural Resourceshas reviewed the applicant’s
plans and does not require a permitor have any state statutes that prevent the
additionfrom being built.
Approval of the shorelandsetbackvariance shall be subject to complying with all of the
conditions of approval in Shann Finwalland Virginia Gaynor’s Environmental Review.
Citizen’s Comments
City Staff surveyed the owner of the 32properties within 500 feet of the site for their comments
about the proposal. Of the 9replies, were in favorand one had concerns.
In Favor
My husband, Vaughn, and I have no objection to the variance request set forth by the
Gabels. (Liz Jefferson,974Kohlman Lane)
Thank you for sending the letter and attachment. The plan looks very nice and I have no
objection. I met Mr. Gabel last summer when he stopped by to inquire about ourshoreline
restoration. He strikes me as a thoughtful and considerate neighbor who would not want to
negatively impact his neighbors and natural surroundings. (Bill Hjort, 970 Kohlman Lane
East)
OKbuild it! (John Anderson, 2878 Meadowlark Lane North)
It’s fine with us. (Terry and Shirley Mens, 2856 Meadowlark Lane North)
Approve (Thomas and Ediner Ogwangi, 2875 Meadowlark Lane North)
He should be allowed to build. (Edward Komac, 2865 Meadowlark Lane North)
My husband and I have no isses with this and would approve of the request. (985 Kohlman
Lane East)
We support. It’s great to see properties (and values) upgraded and the Gabel family are
great stewards of the lake. (Christopher and Kirstin Jacobson, 2846 Meadowlark Lane
North)
I believe the proposed addition would bring value to the neighborhood andam in favor of
granting permission. (Ronald Mader, 970 Kohlman Court)
Concerns
Thanks for sending out this information. It looks as though there are only a few other
homes with this option to expand on Kohlman Lake. I think it would be important to get
those neighbors feelings and possibility of them wanting to expand at a later date. If one is
OK, can you say no to others? Also where do you stop at; 35’ –20’ –15’…(Bernard and
Margaret Flicek, 969 Kohlman Lane East)
Reference Information
Figure 1 –Location Map
Site Description (Figure 1)
Site size: 0.42acres
Existing Use: Single family
home
Surrounding Land Uses
North:Single family homes
South:Kohlman Lake
Building
East:Single family homes
Addition
West:Single family homes
Planning(Figure 2)
Land Use Plan: LDR(low
Figure 2 –Land Use and Zoning Map
density residential)
Zoning: R1(single dwelling)
Building
Addition
Criteria for Variance Approval
Section 44-13 of the city code allows the city council to grant variances. All variances must
follow the requirements provided in Minnesota State Statutes. State law requires that variances
shall only be permitted when they are found to be:
1.In harmony with the general purposes and intent of the official control;
2.Consistent with the comprehensive plan;
3.When there are practical difficulties in complying with the official control. “Practical
difficulties” means that the property owner proposes to use the property in a reasonable
manner not permitted by an official control. The plight of the landowner is due to
circumstances unique to the property not created by the landowner and the variance, if
granted, will not alter the essential character of the locality.
Application Deadline
City staffreceived the complete application and plans for this proposal on April 21, 2014.State
law requires that the city take action within 60 days of receiving complete applications.
Therefore, the deadline for city action is June 20, 2014.If the city needs extra time to review this
application, state statute allows the city to take an additional 60 days but must notify the
applicant by letter.
Attachments
1.Site Plan
2.Building Plans
3.Letter from Watershed District, dated April 11, 2014
4.Applicant’s Letter of Request dated April 14, 2014
5.Environmental Plan Review, dated April 29, 2014
6.Shoreland Buffer Variance Resolution
P:\SEC4\Meadowlark Lane_2843
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Environmental Review
Project:
David and Kathleen Gabel House Addition - Shoreland
Setback Variance
Dateof Plans:
April 14, 2014
Date of Review:
April 29, 2014
Location:
2843 Meadowlark Lane
Reviewers:
Shann Finwall, Environmental Planner
(651) 249-2304; shann.finwall@ci.maplewood.mn.us
Virginia Gaynor, Natural ResourcesCoordinator
(651) 249-2416;virginia.gaynor@ci.maplewood.mn.us
Background
The applicant is proposing to remove an existing 160 square foot, three season porch
from the rear of their home at 2843 Meadowlark Lane, adjacent Kohlman Lake. In its
place the applicant proposes to construct a 360 square foot addition.
Shoreland Ordinance
Kohlman Lake is a Class IV Public Water. The shoreland ordinance requires structures
to have a setback of 75 feet to the ordinary high water mark of a Class IV Public Water.
The maximum percentageof impervious surface for a single family waterfront lot is 30
percent.
Existing Conditions
The existing three season porch is located within 50 feet of the ordinary high water mark
of Kohlman Lake. City staff calculates the dry land of the lot to be 19,402square feet in
area with 4,367 square feet of impervious surface coverage (23 percent).
Shoreland Impacts
Addition: The addition will be located 5 feet closer to the lake, maintaining a 45-foot
setback to the ordinary high water mark of Kohlman Lake. Rain water runofffrom
the addition will be channeled through gutters, downspouts, and possibly a rain
barrel before draining to the existing rain garden on the east side of the lot. This rain
garden was added in 2006 as part of the applicants’ shoreline restoration project. In
addition to the shoreline improvements, the applicants have planted ten trees on the
property. No trees will be removed as part of the project.
Patio: From the rear of the home, the applicant will remove a 998 square foot
concrete patio andfencing surrounding the patio. In its place an 850 square foot
permeable paver patiowill be constructed. The permeable paver patio will be
designed with a special drainage base to allow water to infiltrate the soil, with
portions of the patio closest to the house foundation (4to 6 feet) with a more
Attachment 5
standard paver design to minimize potential water encroachment to the home. After
improvements are made, the impervious surface coverage on the lot will be reduced
to approximately 2,816square feet (not including the new patio which is permeable),
which is 15 percentof the lot area.
Summary
The applicants have taken steps to mitigate impacts to the shoreline and Kohlman Lake
with the construction of the addition including:
Decreasing the amount of impervious surface on the lot from 23 percent to 15
percent.
Ensuring that water runoff from the new addition is infiltrated in a rain garden and not
running directly to the lake.
Good land stewardship with the restoration of the shoreline and tree plantings since
2006.
Recommendation
Staff recommends approval of the shoreline setback variance with the following
conditions:
1.Directing all water runoff from the addition through gutters, downspouts, possibly
rain barrels, and into the existing rain garden located on the east side of the
property.
2.Removal of the 998 square foot concrete patio and replacement with an850
permeable paver patio designed with a drainage base to allow water to infiltrate
the soil, with portions of the patio closest to the house foundation (4 to 6 feet)
with a more standard paver design to minimize potential water encroachment to
the home.
2
Attachment 6
SHORELAND SETBACKVARIANCE RESOLUTION
WHEREAS, David and KathleenGabel applied for a variance from the shoreland
protection ordinance.
WHEREAS, this variance applies to property located at 2843 Meadowlark Lane North.
The property identificationnumberfor thisproperty is:
04-29-22-31-0005
WHEREAS, Ordinance Section44-1242 of the Shoreland Overlay District, requires a
setbackof 75feet in width adjacent to a Class 4 Public Water.
WHEREAS, the applicant is proposing a setbackof 45feet, requiring a variance of 30
feet, from the Class 4 Public Water.
WHEREAS, the history of this variance is as follows:
1. On May 6, 2014, the planning commission held a public hearing to review this
proposal. City staff published a notice in the paper and sent notices to the
surrounding property owners as required by law. The planning commission gave
everyone at the hearing a chance to speak and present written statements. The
planning commission also considered the report and recommendation of the city
staff. The planning commission recommended that the city council _________
the variance request.
3. The city council held a public meeting on May 12, 2014, to review this proposal.
The council considered the report and recommendations of the city staff and
planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council __________ the above-
described variances based on the following reasons:
A.Strict enforcement of the ordinance would cause the applicant practical difficulties
because complying with the shoreland setback requirement stipulated by the
ordinance would prohibit the building of any permanent structures, substantially
diminishing the potential of this lot.
B.Approval of the requested shoreland setback variance would benefit the adjacent
lake because the site will be planted with additional buffer plantings.
C.Approval would meet the spirit and intent of the ordinance since the proposed
swimming pool would be built in an area that is already maintained as lawn, which
is also allowed by ordinance.
D.The Minnesota Department of Natural Resources has reviewed the applicant’s
plans and does not require a permit or have any state statutes that prevent the
pool from being built.
Attachment 6
Conditions of Approval
Approval of the shoreland setbackvariance shall be subject to complying with all of the
conditions of approval in Shann Finwall and Virginia Gaynor’s Environmental Review.
The Maplewood City Council ___________this resolution on _________, 2014.
MEMORANDUM
TO:
Charles Ahl,City Manager
FROM:
Michael Martin,AICP, Planner
Melinda Coleman,Assistant City Manager
DATE:
April 28, 2014
SUBJECT:
Approval of a Side Yard Setback VarianceResolution for the
Construction of a New Garage,798McKnight Road North
Introduction
Stephen Mosner isproposing to build anew 832square foot garage at his home located at 798
MnKnight Road North. The new garage would replace the existing 400 square foot garage. The
current garage is setback three feet from the property line. City code now requires new garages
to be setback five feet from a side property line. Mr. Mosner is proposing to build his new
garage utilizing the existing setback, which requiresa two-foot variance.
Discussion
Code directs garage setback variance requests to be processed administratively. The applicant
is required to get signatures of approval from every neighbor and then submit an application to
staff to review. Staff either approves or denies the variance request with the applicant having
the option to appeal to the city council. If any neighbor objects to the variance then the city
council will consider the request. In this case, Mr. Mosner could not contact all of his neighbors.
There has been no stated objection to this request.
When Mr. Mosner’s current garage was built is met the setback requirements. Since that time
the city has increased the side yard setback to five feet. Mr. Mosner would like to keep the
existing setback because his driveway is already in place. The driveway placement and the
placement of the house limit his ability to site the garage in a different location. Staff does not
have any concern with the applicant utilizing the existing setback to build his new garage. All
other coderequirements regulating the building of a new garage will be met.
DepartmentComments
Engineeringand Fire Marshal
No concerns with this proposal.
Building Official
Nick Carver, the Maplewood Building Official, had the following comments:
The wall 3 feet from the property line be one-hour fire resistive construction.
No openings (windows and doors) on the wall.
Over-hang is limited to 1 foot, maximum.
Commission Action
Planning Commission
On May 6, 2014, the planning commission will hold a public hearing and make a
recommendation to the city council.
Budget Impact
None.
Recommendation
1.Adopt the resolution approving aside yard setbackvariance.Approval is based on the
following reasons:
A.Strict enforcement of the ordinance would cause the applicant practical difficulties
because complying with the side yardsetbackrequirement stipulated by the
ordinance would prohibit the building of a new garage because of the existing
locations of the driveway and house.
B.Approval of the requested side yardsetbackvariance would benefit the adjacent
propertiesbecause the site will be improved.
C.Approval would meet the spirit and intent of the ordinance since the proposed
garagewould be built in an area that is already maintained as a garage.
Approval of the side yardsetbackvariance shall be subject to complying with all zoning
and building code regulations regarding the building of garages.
Citizen’s Comments
City Staff surveyed the owners of the 88properties within 500 feet of the site for their comments
about the proposal. Staff did not receive any replies.
Reference Information
Figure 1 –Location Map
Garage
Site Description (Figure 1)
Figure 2 –Land Use and Zoning Map
Site size: 0.45 acres
Existing Use: Single family
home
Surrounding Land Uses
Garage
North:Single family homes
South:Single family homes
Garage
East:Town house
development
West:Single family homes
in Saint Paul
Planning(Figure 2)
Land Use Plan: LDR
(low density residential)
Zoning: R1 (single dwelling)
Criteria for Variance Approval
Section 44-13 of the city code allows the city council to grant variances. All variances must
follow the requirements provided in Minnesota State Statutes. State law requires that variances
shall only be permitted when they are found to be:
1.In harmony with the general purposes and intent of the official control;
2.Consistent with the comprehensive plan;
3.When there are practical difficulties in complying with the official control. “Practical
difficulties” means that the property owner proposes to use the property in a reasonable
manner not permitted by an official control. The plight of the landowner is due to
circumstances unique to the property not created by the landowner and the variance, if
granted, will not alter the essential character of the locality.
Application Deadline
City staffreceived the complete application and plans for this proposal on April 21, 2014.State
law requires that the city take action within 60 days of receiving complete applications.
Therefore, the deadline for city action is June 20, 2014. If the city needs extra time to review this
application, state statute allows the city to take an additional 60 days but must notify the
applicant by letter.
Attachments
1.Site Plans
2.Applicant’s Letter of Request dated April 14, 2014
3.Side Yard SetbackVariance Resolution
P:\SEC25\McKnight Road_798\Setback Variance_2014
Attachment 2
Attachment 2
Attachment 3
SITE YARDSETBACKVARIANCE RESOLUTION
WHEREAS, Stephen Mosnerapplied for a variance from the shorelandprotection
ordinance.
WHEREAS, this varianceapplies to property located at 2843 Meadowlark Lane North.
The property identificationnumberfor thisproperty is:
25-29-22-33-0056
WHEREAS, Ordinance Section44-108of the R-1 ResidenceDistrict, requires a setback
of 5 feet from the side yard property line for garages and accessory buildings.
WHEREAS, the applicant is proposing a setbackof 3 feet, requiring a variance of 2 feet,
from the side yard property line.
WHEREAS, the history of this variance is as follows:
1. On May 6, 2014, the planning commission held a public hearing to review this
proposal. City staff published a notice in the paper and sent notices to the
surrounding property owners as required by law. The planning commission gave
everyone at the hearing a chance to speak and present written statements. The
planning commission also considered the report and recommendation of the city
staff. The planning commission recommended that the city council _________
the variance request.
3. The city council held a public meeting on May12, 2014, to review this proposal.
The council considered the report and recommendations of the city staff and
planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council __________ the above-
described variancebased on the following reasons:
A.Strict enforcement of the ordinance would cause the applicant practical difficulties
because complying with the side yard setback requirement stipulated by the
ordinance would prohibit the building of a new garage because of the existing
locations of the driveway and house.
B.Approval of the requested side yardsetback variance would benefit the adjacent
propertiesbecause the site will be improved.
C.Approval would meet the spirit and intent of the ordinance since the proposed
garagewould be built in an area that is already maintained as a garage.
Conditions of Approval
Approval of the side yardsetback variance shall be subject to complying with all zoning and
building code regulations regarding the building of garages.
TheMaplewood City Council ___________this resolution on _________, 2014.
MEMORANDUM
TO:
Charles Ahl, City Manager
FROM:
Tom Ekstrand, Senior Planner
Melinda Coleman, Assistant City Manager
DATE:
April 24, 2014
SUBJECT:
Approval of a Conditional Use Permit and Design Plans for a Building Addition to
Beaver LakeElementary School
Introduction
Mike Boland, representing Independent School District 622, is proposing to add onto the Beaver
Lake Elementary School, located at 1060 Sterling Street North. This proposal will also require a
conditional use permit (CUP) from the planning commissionand design approval from the
community design review board (CDRB).
Along with the proposed building addition, the applicant would:
Upgrade the obsolete and inefficient heating, ventilating and plumbing systems.
Abate hazardous materials.
Improve building security.
Add onto the building to meet space needs due to increased enrollment.
Refer to the enclosed plans.
Requests
Approval of a CUP to add onto the school since the city zoning code requires a CUP for
schools.
Approval of design plans.
Background
Beaver Lake Elementary has been in existence for many years. Archived Ramsey County
aerial photographs show the school from 1953. It likely predates that.
Discussion
Building Design
The proposed addition would go between the existing east and west wings of the school. Both
wings are of different ages and have non-matching brick exteriors. To achieve a uniform
southerly appearance on the south elevation, the applicant is proposing toapply a mix of metal
panels, brick and cast stone veneer across the entire south elevation. These materials will wrap
around each front corner to architecturally terminate these new materials as it blends into the
existing east and west walls. Refer tothe applicant’s colored renderingof the proposed south
elevation.
Landscaping
The applicant will be removing four mature trees. Shann Finwall, the city’s environmental
planner, reviewed this proposal and determined that the removal of the four trees will not be
over 20 percent of the overall tree coverage. Therefore, the tree preservation ordinance would
require that they replace one tree for each treeremoved. Replacement trees must be at least
twoinches in caliper fordeciduoustrees or six feet tall for evergreens.
Trash Storage
There is no trash enclosure presently at the school. The applicant should provide a trash
enclosure for the two dumpsters that are behind the building as part of the proposed expansion
project.
Parking Lot Repair
The parking lot and driveways should be patched due to the many pot holes. Also, there is a
graveled parking area behind the building which should be paved. The applicant proposes to
repair pot holes with the proposed construction project. Mr. Boland requested to be able to
pave the rear parking lot a year from now when they would have the funds to do so. Staff feels
that this is reasonable.
Building Official’sComments
Nick Carver, the building official, commented thatall building codes must be met.
Engineer’s Report
Jon Jarosch, staff engineer, has reviewed the proposal. His report is attached. The applicant
should comply with Mr. Jarosch’s requirements as stated in his report.
Assistant Fire Chief’sComments
Butch Gervais, assistant fire chief, commented that all fire codes must be met.
Police Comments
Chief Paul Schnell has no issues with the proposal.
Commission Actions
April 22, 2014: The CDRB moved to approve the plans for the addition with the staff
recommendation.
Budget Impact
None.
Recommendation
Adoption of the attached conditional use permit resolution approving the plans for the addition to
Beaver Lake Elementary, located at 1060 Sterling Street North. Approval is subject to the
followingconditions:
1.All construction shall follow the site plan approved by the city date-stamped April 15, 2014.
Staff may approve minor changes.
2.The proposed construction shall besubstantially started within one year of council approval
orthis permit shall be null and void. The council may extend this deadline for one year.
3.The city council shall review this permit in one year.
4.The applicant shall plant four trees to replace the four that are to be removed. Replacement
trees shall be at least twoinches in caliper if they are deciduous or at least six feet tall if they
are evergreens. The applicant shall work with staff on this landscaping plan.
5.The applicant shall repair the pot holes in the parking lotsand drivewayfrom Stillwater
Road.The graveled area on the north side of the building shall be paved within one year.
6.The applicant shall work with staff on the construction of a trash enclosure for the north side
of the building to contain the two trash dumpsters. The trash enclosure shall be a material
compatible with the building and have closeable gates. The trash enclosure shall be
completed along with the construction of the proposed addition.
7.The applicant shall comply with all requirements of the city’s engineering department report
dated April 15, 2014.
Reference Information
Site Description
Site size: 10.19acres
Existing land use: Beaver Lake Elementary School
Surrounding Land Uses
North:Geranium Parkand single dwellings
South: Single Dwellings
West: Single Dwellings
East:Maple Oaks Funeral Home
Planning
Land Use Plan designation: G(government)
Zoning: R1(single dwelling residential)
Code Requirement
Section 44-1092 (3) requires a CUP for any educational institution.
Findings for CUP Approval
Section 44-1097(a) requires that the city council base approval of a CUP on nine findings. Refer
to the findings for approval in the resolution.
Application Date
The applicationsfor theserequestswere complete on April 15, 2014. State law requires that
the city decide on these applications within 60 days. The deadline for city council action is
June 14,2014.
Attachments
1.Conditional Use Permit Resolution
2.Location/Land Use Plan Map
3.Site Plan
4.Aerial Photo
5.Building Elevations
6.Colored Front Elevation
7.Applicant’s letter dated April 9, 2014
8.Engineer’s Report dated April 15, 2014
9.Plans date-stamped April 15, 2014(separate attachment)
p:sec25\Beaver Lake School Addition PCReport 4 14 te
Attachment 1
CONDITIONAL USE PERMIT
RESOLUTION
WHEREAS, Independent School District 622, has applied for a conditional use permit to
construct a building addition to the Beaver Lake Elementary School.
WHEREAS, Section 44-1092 (3) requires a CUP for any educational institution.
WHEREAS, this permit applies to the property located at 1060 Sterling Street North. The legal
description of this property is:
This property lies within the NE ¼ of Section 25, Township 29, Range 22, Ramsey County,
Minnesota. PID #252922130064
WHEREAS, the history of this conditional use permit is as follows:
1.On May 6, 2014, the planning commission held a public hearing. The city staff published a
notice in the paper and sent notices to the surrounding property owners. The planning
commission gave everyone at the hearing a chance to speak and present written
statements. The planning commission also considered the reports and recommendation of
city staff. The planning commission recommended that the city council ______ this permit.
2.On ____________, 2014, the city council considered reports and recommendations of the city
staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council _________ the above-described
conditional use permit, because:
1.The use would be located, designed, maintained, constructed and operated to be in
conformity with theCity's Comprehensive Plan and Code of Ordinances.
2.The use would not change the existing or planned character of the surrounding area.
3.The use would not depreciate property values.
4.The use would not involve any activity, process, materials, equipment or methods of
operation that would be dangerous, hazardous, detrimental, disturbing or cause a
nuisance to any person or property, because of excessive noise, glare, smoke, dust,
odor, fumes, water or air pollution, drainage, water run-off, vibration, general
unsightliness, electrical interference or other nuisances.
5.The use would generate only minimal vehicular traffic on local streets and would not
create traffic congestion or unsafe access on existing or proposed streets.
6.The use would be served by adequate public facilities and services, including streets,
police and fire protection, drainage structures, water and sewer systems, schools and
parks.
7.The use would not create excessive additional costs for public facilities or services.
8.The use would maximize the preservation of and incorporate the site's natural and
scenicfeatures into the development design.
9.The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1.All construction shall follow the site plan approved by the city date-stamped April 15,
2014. Staff may approve minor changes.
2.The proposed construction shall be substantially started within one year of council
approval or this permit shall be null and void. The council may extend this deadline for
one year.
3.The city council shall review this permit in one year.
4.The applicant shall plant four trees to replace the four that are to be removed.
Replacement trees shall be at least two inches in caliper if they are deciduous or at least
six feet tall if they are evergreens. The applicant shall work with staff on this
landscaping plan.
5.The applicant shall repair the pot holes in the parking lots and driveway from Stillwater
Road. The graveled area on the north side of the building shall be paved within one
year.
6.The applicant shall work with staff on the construction of a trash enclosure for the north
side of the building to contain the two trash dumpsters. The trash enclosure shall be a
material compatible with the building and have closeable gates. The trash enclosure
shall be completed along with the construction of the proposed addition.
7.The applicant shall comply with all requirements of the city’s engineering department
report dated April 15, 2014.
The Maplewood City Council _________ this resolution on _______, 2014.
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Attachment 6
Attachment 7
Attachment 8
Engineering Plan Review
PROJECT: Beaver Lake School Renovations
PROJECT NO:
COMMENTS BY: Jon Jarosch, P.E. – Staff Engineer
DATE: 4-15-2014
PLAN SET: Grading and Utility Plans – Dated 1-10-2014
REPORTS: Storm Water Management Report – Dated 1-10-2014
The Applicant is proposing an addition to the existing Beaver Lake School along with various
site improvements. These improvements include the installation of new concrete sidewalks,
sanitary sewer improvements, storm sewer installations, underground infiltration areas, and site
restoration. Two alternates are also proposed including the expansion of the north parking lot
and reconstructing the southerly parking lot.The project is proposed to disturb more than ½
acre,which will require the applicant to meet the City’s storm water qualityand rate control
requirements.It appears that the storm-water management plan meets the City’s requirements
as it pertains to infiltration and rate control.
The applicant is requesting design review. Thisreviewdoes not constitute a final review of the
plans, as the applicant will need to submit construction documents for final review, along with
ratified agreements, prior to issuing building and grading permits.
The scope of this review includes aspects of site design including, but not limited to, geometrics,
paving, grading, utilities, and temporary sediment and erosion control. The scope of the review
also includes storm water management. The comments contained herein are to be addressed
by the applicant.
The following commentsact as conditions prior to the issuance ofpermits:
Drainage and Stormwater Management
1)The applicant is proposing underground infiltration. A test of the drawdown capacity of
the in-situ soils in the vicinity of the infiltration areas, with City or Ramsey-Washington
Metro Watershed District(RWMWD)observation is required on site.This test is required
to verify the infiltration capacity of the soils as it relates to the assumptions made in the
storm water calculations.
2)The applicant shall provide updated storm-water calculations, as necessary, depicting
the project as ultimately proposed for construction (Base Bid Only, Base Bid + Both
Attachment 8
Alternates, Etc.). The final product shall meet the City’s stormwater management
regulations including rate control and volume reduction.
3)Emergency overland overflows shall be identified on the plans. These areas shall be
adequately stabilized to prevent erosion during overflow events.
4)Provide 100-year HWL on plans for infiltration systems.
5)The 4-inch PVC line connecting the roof leaders with the catch-basin shall be reviewed
by the Minnesota Department of Labor and Industry, as this pipe is covered by the
plumbing code.
6)The 4-inch PVC line connecting the roof leaders with the catch-basin shall be rated for
vehicle loading.
Grading and Erosion Control
7)All slopesshall be 3H:1V or flatter.
8)Silt fence or filter logs shall be placed along the perimeter of the new building addition
and sidewalkreplacement areas during construction to prevent eroded materials from
reaching the parking lot or street areas.
9)The proposed infiltration areasshall be protected from sedimentation throughout
construction.
10)Inlet protection devices shall be installed on allexisting onsite storm sewer.Additionally,
storm sewer inlets along Sterling Streetshall be protected throughout construction.
These inlet protection devices shall be noted on the plans.
11)Sterling Streetand Stillwater Roadshall be swept as needed to keep the road clear of
sediment and construction debris.
12)All pedestrian facilities shall be ADA compliantincluding curb ramps.
Sanitary Sewer and Water Service
13)The applicant shall provide fixture unit design computations for thesanitary sewer
service to ensure its adequacy for the buildings intended use.A SAC determination by
the Met Council is required.
14)The applicant shall pay all SAC, WAC, and PAC fees associated with the proposed site
improvements.
Attachment 8
15)Cleanouts shall be provided every 100-feet and at bends on sanitary sewer services.
16)A sanitary sewer permit shall be submitted for the proposed sanitary sewer service and
its connection to the existing system.
17)Any proposed water service modifications are subject to the review and conditions of
Saint PaulRegional Water Services(SPRWS). The applicant shall submit plans and
specifications to SPRWS for review and meet all requirements they may haveprior to
the issuance of a gradingpermit by the City.
Other
18)A right-of-way permit shall be obtained from the City of Maplewood for any work within
the public right-of-way. The restoration of disturbed areas shall be as described in the
City’s right-of-way ordinance including the restoration of pavement areas.
19)The applicant shall submit all necessary permit fees and lettersof credit/escrow prior to
the issuance of any permits.
20)The applicant shall submit afully executedcopy of the MPCA’s construction storm water
permit (SWPPP) to thecity before the city will issue a grading permit for this project.
21)The Owner shall satisfy all requirements of all permitting and reviewing agencies
including the Department of Labor and Industry, MPCA, SPRWSand RWMWD.
22)The Owner shall sign a maintenance agreement, prepared by the City, for all storm
water treatment devices (sumps, basins,infiltration systems, etc.).
MEMORANDUM
TO:
Charles Ahl, City Manager
FROM:
Tom Ekstrand, Senior Planner
Melinda Coleman, Assistant City Manager
DATE:
April 24, 2014
SUBJECT:
Approval of Conditional Use Permit to Reduce the Parking Lot Setback for the
Hobby Lobby Dock Addition at the Plaza 3000 Shopping Center,3000 White
Bear Avenue
Introduction
Azure Properties, owner of the Plaza 3000 Shopping Center, is requesting approval of a
conditional use permit (CUP) to reduce the parking lotsetback on the south side of the building
by Lydia Avenue. The affected parking lot driveway is adjacent to the new dock addition
recently approved for the Hobby Lobby.
On January 28, 2014, the community design review board (CDRB) approved the design plans
for the new front entrance and rear dock additionsat the Plaza 3000for Hobby Lobby. One
matterthat had not yet been determined was whether the rear driveway would need to be
widened behind the building due to the dock addition. Azure Properties was able to design the
site plan so they would not need to widen the rear driveway. However, this resulted in making
this driveway suitable only for one-way trafficadjacent to the new dock.
Though, one-way traffic meets code and satisfies the Assistant Fire Chief’s requirements for
building accessibility, the property owner would prefer that the driveway be widened to allow
two-way traffic for amore convenient traffic flow within the site.
To do this, the applicant would need to reduce the parking lot setback from eleven feet six
inchesto six feet ten inches. Being that the parking lot is currently setback 11.5 feet, rather
than 15 feet,as code requires, the applicant is asking for approval of a CUP to “expand a non-
conforming use.”
Request
Approve a CUP for the expansion of a non-conforming use by reducing a parking lot setback
from 11.5feet to sixfeetten inches.
Background
1974: The city council approved plans for the Plaza 3000 Shopping Center.
January 28, 2014: The CDRB approved the design plans for the addition of the Hobby Lobby at
the Plaza 3000. This approval included the following additions:
A 15-foot by 59-foot front vestibule.
A receiving dock on the back of the building with an adjacent trash compactor pad.
A 2 ½ foot sidewalk extension in front of the proposed vestibule to provide a five-foot
sidewalk around the proposed vestibule.
One condition of approval bythe CDRB was that:
If because of the dock addition, the applicant proposes to widen the parking lot drive aisle to
provide 24 feet of drive aisle width this alteration must not reduce the parking lot setback less
than the required 15 feet. If either thedrive aisle or the parking lot setback is lessened to fail to
comply with code requirements, the applicant or property owner shall apply for a variance
before obtaining a building permit.
Discussion
Existing Parking Lot Setbacks
The applicant has provided a certificate of survey showing that their parking lot setbacks around
the entire site are oftenunder the code requirement for 15 feet. They range from eight feet at
the narrowestpoint to 29 feet at the widest. Staff cannot find why this is the case. The records
back in 1974 do not address the parking lot setbacks.The site plan, however, was approved by
the city council and the setbacks were approved as they are.The existing parking lot setback
along Lydia is the most constantoneat 11.5 feet lying between the shopping center’s southerly
driveway entrance and Ariel Street.
Assistant Fire Chief’sComments
Butch Gervais, the assistant fire chief, requires that there be at least 20 feet of driveway width
south of the proposed dock addition. This would be provided by the applicant. An increase to
24 feet, to allow two-way traffic, is even better and supported by the Mr. Gervais.
Police Comments
Chief Paul Schnell has no issues with the proposal.
Engineer’s Comments
Jon Jarosch, staff engineer, has no issues with this request.
CUP Findingsfor Approval
The zoning ordinance requires that the city council find that all nine “standards” for CUP
approval be met to allow a CUP. In short, these state that the use would (refer to the resolution
for the complete wording):
Comply with the city’s comprehensive plan and zoning code.
Maintain the existing or planned character of the neighborhood.
Not depreciate property values.
Not cause any disturbance or nuisance.
Not cause excessive traffic.
Be served by adequate public facilities and police/fire protection.
Not create excessive additional costs for public services.
Maximize and preserve the site’s natural and scenic features.
Not cause adverse environmental effects.
Staff’s Determination
The proposal would meet these findings for CUP approval. Staff is supportive of this request
provided the applicant replants this area to replace the six trees that will be removed. There will
not be much room on site remaining, though, after nearly five feet of lawn is removedfor the
parking lot widening. There would be approximately 6.75 feet lefton sitefor planting.
Staff would like to see this area replanted, but trees with spreading roots should be avoided.
Shrub varieties that grow tall enough to provide some screening, but not massive enough to
have a substantial root spread,are preferred.Staff suggests six planting groupings of three
shrubs each (18 shrubs) to replace the six trees to be removed.
Commission Actions
April 22, 2014: The CDRB moved to approve the plans for the proposed parking lot setback
reduction. The board directed the applicant to work with the trash hauler to see if the trash
compactor could be colored to match the color of the proposed dock addition.
Budget Impact
None.
Recommendation
Adoption of the attached conditional use permit resolution approving the plans for the widening
of the Plaza 3000 Shopping Center parking lot on the south side of the building. This approval
allows a parking lot setback reduction from 11.5 feet to six feet 10 inches. Approval is based
on the findings required by ordinance and subject to the following conditions:
1.All construction shall follow the site plan approved by the city date-stamped March 27, 2014.
Staffmay approve minor changes.
2.The proposed parking lot widening shall be substantially started within one year of council
approval of this permit shall be null and void. The council may extend this deadline for one
year.
3.The city council shall review this permit in one year.
4.The property owner shall replace the six trees that would be removed due to this parking lot
widening. They shall plant shrub varieties that grow tall enough to provide some screening,
but not massive enough to have a substantial root spread that would interfere with nearby
buried cables in the street boulevard. The property owner shall plant six planting groupings
of three shrubs each (18 shrubstotal) to replace the six trees to be removed.The planting
plan shall be subject to staff approval.
Reference Information
Site Description
Site size: 10.18acres
Existing land use: The Plaza 3000 Shopping Center
Surrounding Land Uses
North:The Plaza 3000 North Annex Shopping Center, Denny’s and Firestone
East:The Salvation Army Church
South: Half Price Books, Michaels and Concordia Arms
West: Maplewood Square Shopping Center
Planning
Land Use Plan designation: C(commercial)
Zoning: BC (business commercial)
Code Requirement
Section 44-12 (e) requires a CUP to enlarge, reconstruct or structurally alter a non-confirming use.
Findings for CUP Approval
Section 44-1097(a) requires that the city council base approval of a CUP on nine findings. Refer
to the findings for approval in the resolution.
Application Date
The application for this request was considered complete on March 27, 2014. State law
requires that the city decide on zoning applications within 60 days, however, the city may extend
this review deadline an additional 60 days if more time is needed to complete the review. Staff
has extended this review period to make sure that there is sufficient time to conclude thereview
since the anticipated council date to act on this request falls on Memorial Day. The deadline for
action by the city council is now July 25, 2014.
Attachments
1.Conditional Use Permit Resolution
2.Applicant’s letter dated March 21, 2014
3.Location Map
4.Aerial Photo of the Plaza 3000
5.Certificate of Survey
6.Site Plan Detail—Current Parking Lot Setback
7.Site Plan Detail—Proposed Parking Lot Setback
8.Plans date-stamped March 27, 2014(separate attachment)
p:sec2N\Plaza 3000 Parking Lot Setback Reduction CUP PC Report 4 14 te
Attachment 1
CONDITIONAL USE PERMIT
RESOLUTION
WHEREAS, Azure Properties has applied for a conditional use permit to reduce their parking lot
setback on the south side of the building from the Lydia Avenue right-of-way.
WHEREAS, Section 44-12 (e) of the city ordinances requires a conditional use permit to
enlarge, reconstruct or structurally alter a non-confirming use.
WHEREAS, this permit applies to the property located at 3000 White Bear Avenue. The legal
description of this property is:
That part of the South ½ of the Northeast ¼ of theNorthwest ¼, lying southerly of the north line
ofWoodlynn Avenue, subject to Woodlynn Avenue, and lying easterly of White Bear Avenue as
now located by Final Certificate recorded as Document Number 1813704, Section 2, Township 29
North, Range 22 West, City of Maplewood, Ramsey County, Minnesota.
And
The west 329.31 feet of the Northwest ¼ of the Northeast ¼ Section 2, Township 29 North, Range
22 West, except the north 1321.33 feet, thereof, City of Maplewood, Ramsey County, Minnesota.
And
Part of the south 640.00 feet of the north 1321.33 feet of the west 329.31 feet of the Northwest ¼,
of the Northeast ¼, Section 2, Township 29 North, Range 22 West, City of Maplewood, Ramsey
County, Minnesota.
WHEREAS, the history of this conditional use permit is asfollows:
1.On May 6, 2014, the planning commission held a public hearing. The city staff published a
notice in the paper and sent notices to the surrounding property owners. The planning
commission gave everyone at the hearing a chance to speak and present written
statements. The planning commission also considered the reports and recommendation of
city staff. The planning commission recommended that the city council ______this permit.
2.On ____________, 2014, the city council considered reportsand recommendations of the city
staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council _________ the above-described
conditional use permit, because:
1.The use would be located, designed, maintained, constructed and operated to be in
conformity with the City's Comprehensive Plan and Code of Ordinances.
2.The use would not change the existing or planned character of the surrounding area.
3.The use would not depreciate property values.
4.The use would not involve any activity, process, materials, equipment or methods of
operation that would be dangerous, hazardous, detrimental, disturbing or cause a
nuisance to any person or property, because of excessive noise, glare, smoke, dust,
odor, fumes, water or airpollution, drainage, water run-off, vibration, general
unsightliness, electrical interference or other nuisances.
5.The use would generate only minimal vehicular traffic on local streets and would not
create traffic congestion or unsafe access on existing or proposed streets.
6.The use would be served by adequate public facilities and services, including streets,
police and fire protection, drainage structures, water and sewer systems, schools and
parks.
7.The use would not create excessive additional costs for public facilities or services.
8.The use would maximize the preservation of and incorporate the site's natural and
scenicfeatures into the development design.
9.The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1.All construction shall follow the site plan approved by the city date-stamped March 27,
2014. Staff may approve minor changes.
2.The proposed parking lot widening shall be substantially started within one year of
council approval of this permit shall be null and void. The council may extend this
deadline for one year.
3.The city council shall review this permit in one year.
4.The property owner shall replace the six trees that would be removed due to this parking
lot widening. They shall plant shrub varieties that grow tall enough to provide some
screening, but not massive enough to have a substantial root spread that would interfere
with nearby buried cables in the street boulevard. The property owner shall plant six
planting groupings of three shrubs each (18 shrubs total) to replace the six trees to be
removed. The shrubs shall be at least three feet tall upon planting. The planting plan
shall be subject to staff approval.
The Maplewood City Council _________ this resolution on _______, 2014.
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Attachment 6
Attachment 7
MEMORANDUM
TO:
Charles Ahl, City Manager
FROM:
Tom Ekstrand, Senior Planner
Melinda Coleman, Assistant City Manager
DATE:
April 29, 2014
SUBJECT:
Approval of Home Occupation License for Just Rita’s a Hair Salon Located at
2139Edgerton Street
Introduction
Rita Johnson, at 2139 Edgerton Street, is requesting approval of a home occupation license to
operate a hair salon from her home called Just Rita’s. Ms. Johnson would use the ground level
of her homenext to the garage. She estimates this space would consist of about four percent of
her home’s floor area and anticipates about 25 customers each week. Refer to the
attachments.
Background
Section 14-56, the home occupation requirements state a homeowner must obtain a home
occupation license if their home business activities occur more than 30days a year.
The code requires the following for home occupations:
1.Notrafficshallbegeneratedbyahomeoccupationingreatervolumesthanwouldnormally
beexpectedinaresidentialneighborhood.Theneedforoff-streetparkingshallnotexceed
morethanthreeoff-streetparkingspacesforhomeoccupationatanygiventime,inaddition
totheparkingspacesrequiredbytheresidents.
2.Nomorethanonenonresidentemployeeshallbeallowedtoworkonthepremises.
Nonresidentemployeeswhoworkoffthepremisesmaybeallowedtovisitthepremises.If
anon-siteemployeeisparkingonsite,off-siteemployeesshallnotleavetheirvehicleson
site.Ifthereisnoon-siteemployeevehicleparkedonsite,oneoff-siteemployeevehicle
maybeparkedonsite.
3.Novehicleassociatedwiththehomeoccupation,includingcustomersoremployees,shall
beparkedonthestreetorblocksidewalksorpubliceasements.Privatevehiclesusedby
theresidentsshallnotbeincludedinthissubsection.
4.Anareaequivalenttonomorethan20percentofeachlevelofthehouse,includingthe
basementandgarage,shallbeusedintheconductofahomeoccupation.
5.Thereshallbenochangevisibleoffthepremisesintheoutsideappearanceofthebuilding
orpremisesthatwouldindicatetheconductofahomeoccupation,otherthanonesign
meetingtherequirementsofthecitysigncode.
6.Nomorethan20percentofbusinessincomeshallcomefromthesaleofproductsproduced
offsiteunlessapprovedbythecitycouncil.
7.Noequipmentorprocessshallbeusedinsuchhomeoccupationwhichcreatesnoise,
vibration,light,glare,fumes,smoke,dust,odorsorelectricalinterferencedetectabletothe
normalsensesoffthelot.Ifelectricalinterferenceoccurs,noequipmentorprocessshallbe
usedwhichcreatesvisualoraudibleinterferenceinanyradioortelevisionreceiversoffthe
premisesorcausesfluctuationsinlinevoltageoffthepremises.
8.Thereshallbenofire,safetyorhealthhazards.
9.Ahomeoccupationshallnotincludetherepairofinternalcombustionengines,bodyrepair
shops,spraypainting,machineshops,welding,ammunitionmanufacturingorsales,thesale
ormanufactureoffirearmsorknivesorotherobjectionableusesasdeterminedbythecity.
Machineshopsaredefinedasplaceswhererawmetalisfabricated,usingmachinesthat
operateonmorethan120voltsofcurrent.
10.Anynoncompliancewiththissubsectionshallconstitutegroundsforthedenialorrevocation
ofthehomeoccupationlicense.
11.Thecitymaywaiveanyoftheserequirementsifthehomeoccupationislocatedatleast350
feetfromaresidentiallotline.
12.Thecitycouncilmayaddanyadditionalrequirementsthatitdeemsnecessarytoensurethat
theoperationofthehomeoccupationwillbecompatiblewithnearbylanduses.
Discussion
Neighbors’Comments
Staff surveyed the 62surrounding property owners within 500 feet of the applicant’s home. Of
the 17replies, four had no comment, tenwere supportive and three were against this request.
For
We have no objections to this proposal. (Clemens, 2177 Edgerton Street)
We believe this small project will work out ok and not be a problem to the neighborhood.
However, we do not want this project to become encouragement for more commercial
growth in this designated residential area. (Erickson, 2094 Edgerton Street)
As long as Rita abides by the laws that are within the code, she has my blessing and can go
forward with her beauty shop. (Bean, 2098 Burr Street)
My comment is that I believe Rita Johnson is a responsible and caring person and I see no
reason why this shouldn’t be granted to her. (Smith, 608 County Road B)
I believe the request should be granted. The operation is admirable and will not disturb the
neighborhood. (Price/Madison, 2086 Burr Street)
We have been neighbors for 33 years. Never had a problem and we don’t see any. Good
for her new shop. (Rygwalski, 2086 Edgerton Street)
We see no problems with Rita Johnson’s plans to open a hair salon. (Casadecalvo, 2167
Edgerton Street)
We have no objection to this in fact we encourage small businesses. It will be nice to have
this service available so close to home. (Cash, 2512 Clarence Street)
We have no concerns with Ms. Johnson moving forward with the proposed salon. We
support her business endeavor and hope our neighbors share the same consensus.
(Pronschinske)
I’ve had a business in Roseville. The city makes it literally impossible for anyone to do so.
No signs allowed and other ridiculous rules that discourage future businesses. Absolutely,
here’s a woman trying to find a way to support her family instead of sitting on her butt
collecting welfare. More power to her. Now if you really want to do your job, spend some
time ridding the city of people with signs around their necks asking for work but won’t work
when asked. These people are making a thousand dollars a day intimidating people and
paying no taxes as well. Your priorities are really screwed up. Let the woman open her
business and support her family in an honest way. She has my vote definitely.(McGuire,
2080 Bradley Street)
Against
Allowing this home business would start others to want to have home businesses. (no
name or address)
Idon’t think there should be commercial businesses on Edgerton because of traffic, parking,
etc. They would be backing out of driveway into Edgerton Street and the school doesn’t
need more traffic on Edgerton Street. (Cecka, North St. Paul)
We don’t feel that this use should be in a residential neighborhood. Home businesses don’t
help the city’s commerce. (Bradley, 391 Belmont Lane)
Department Comments
Building Official
Permits will be required for any building, plumbing, electrical or mechanicalwork that might be
proposed.
Engineering Department
There are no issues.
Police and Fire
There are no issues.
Conclusion
Staff is supportive of this request. Ms. Johnson’s proposal would comply with the requirements
for a home occupation. The additional customer cars coming and going would not create an
increase in traffic over what may be expected on Edgerton Street or in this neighborhood.
Budget Impact
None.
Recommendation
Approval of a home occupation license for Just Rita’s, a hair salon to be operated from
2139Edgerton Street by Rita Johnson.Approval is subject to the following conditions:
1.The applicant shall always comply with the requirements of the Home OccupationLicense
requirements of the city ordinances.
2.The applicant shall obtain building permits for work she may do on her house for this home
occupation, for example, building, plumbing, electrical or mechanicalwork.
3.The city council may review this approval, as needed, if there are any complaints received
due to neighborhood impact.
4.The applicant may install one home-occupation sign up to two-square feet in area(code
requirement).
Reference Information
Site Description
Site size: .68 acres
Existing land use: Single Dwelling
Surrounding Land Uses
Single dwellings, with the exception of anautotowing business across the street.
Planning
Land Use Plan designation: LDR(low density residential)
Zoning: R1(single dwelling residential)
Application Date
The application for this request was complete on April 3, 2014. State law requires that the city
decide on zoning applications within 60 days.However, the city may extend the review period
an additional 60 days if more time is needed to conclude the review. Staff has extended the
review period an additional 60 days because of the cancellation of the May 26, 2014 city council
meeting which fallson Memorial Day. The deadline for city council action is now August 1,
2014.
Attachments
1.Location Map
2.Land Use Plan Map
3.Applicant’s Home Occupation Questionnaire
4.Floor Plan
p:sec17\Just Rita’s Home Occupation License PC Report 514 te
Attachment 1
Attachment 2
Attachment 3
Attachment 3
Attachment 4