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HomeMy WebLinkAbout2019-06-18 PC Packet AGENDA CITY OF MAPLEWOOD PLANNING COMMISSION Tuesday, June 18, 2019 7:00 PM Council Chambers - Maplewood City Hall 1830 County Road B East 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. May 21, 2019 5. New Business a. Conducting City Business and Public Meetings Presentation 6. Public Hearing a. 7:00 p.m. or later: Rezoning and Variance Resolutions, 380 Skillman Avenue East b. 7:00 p.m. or later: Ordinance Amending Chapter 44 of the City Code by Adding Section 44-22 Which Provides a Process for Requesting a Reasonable Accommodation Pursuant to Federal Law 7. Unfinished Business 8. Visitor Presentations 9. Commission Presentations a. June 10, 2019 city council meeting • Public Vacation Resolution, 2182 Van Dyke Street North • Conditional Use Permit Resolution, Maplewood Moose Lodge, 3033 Hazelwood Street North b. July 8, 2019 city council meeting — Commissioner Kempe • Rezoning and Variance Resolutions, 380 Skillman Avenue East • Reasonable Accommodation Ordinance Amendment 10. Staff Presentations 11. Adjournment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 21, 2019 7:00 P.M. 1. CALL TO ORDER A meeting of the Commission was held in the City Hall Council Chambers and was called to order at 7:12 p.m. by Acting Chairperson Desai. 2. ROLL CALL Paul Arbuckle, Chairperson Absent Frederick Dahm, Commissioner Present Tushar Desai, Vice Chairperson Present John Eads, Commissioner Present Allan Ige, Commissioner Present Bill Kempe, Commissioner Present Lue Yang, Commissioner Present Staff Present: Michael Martin, Assistant Community Development Director Jeff Thomson, Community Development Director 3. APPROVAL OF AGENDA Staff requested the removal of 6. a. under New Business - Conducting City Business and Public Meetings Presentation from the agenda until a future meeting. Commissioner Kempe moved to approve the agenda as amended. Seconded by Commissioner Ige. Ayes —All The motion passed. 4. APPROVAL OF MINUTES Commissioner Kempe moved to approve the March 19, 2019, PC minutes as submitted. Seconded by Commissioner Ige. Ayes —Acting Chairperson Desai, Commissioner's Dahm, Ige, Kempe & Yang Abstention — Commissioner Eads The motion passed. 5. PUBLIC HEARING a. 7:00 p.m. or later: Public Vacation Resolution, 2182 Van Dyke Street North i. Assistant Community Development Director, Michael Martin gave the report on the Public Vacation Resolution, 2182 Van Dyke Street North and answered questions of the commission. March 19, 2019 1 Planning Commission Meeting Minutes Acting Chairperson Desai opened the public hearing. 1. Ron Launderville, 2194 Van Dyke Street, Maplewood. He spoke on behalf of the applicant at 2182 Van Dyke Street that could not be present and Mr. Launderville is in approval of the public vacation to improve problems in the area. 2. Cheryl Erler, 2189 Hazel Street, Maplewood. Miss Erler submitted a letter to staff which was passed out to the commission. Miss Erler has a pool on her property and disapproves of the public vacation of 2182 Van Dyke Street North. Acting Chairperson Desai closed the public hearing. Commissioner Ige moved to approve the public right of way vacation resolution in the staff report for the unused Sandhurst Street right-of-way, east of Van Dyke Street North. Seconded by Commissioner Dahm. Ayes - All The motion passed. This item goes to the city council June 10, 2019. b. 7:00 p.m. or later: Conditional Use Permit Resolution, Maplewood Moose Lodge, 3033 Hazelwood Street North i. Assistant Community Development Director, Michael Martin gave the report for the Conditional Use Permit Resolution, Maplewood Moose Lodge, 3033 Hazelwood Street North and answered questions of the commission. ii. Applicant and Administrator, Maplewood Moose Lodge, Gary Lenart, 3033 Hazelwood Street North, addressed and answered questions of the commission. Acting Chairperson Desai opened the public hearing. ,Air' V& 1. Maplewood Resident, David Bartol, 3003 Hazelwood Street, Unit 139, Maplewood, addressed the commission with the concerns of the residents at Cardinal Pointe as stated in the staff report. 2. Maplewood Resident, Sterling McKusick, 3003 Hazelwood Street, Unit 132, Maplewood, addressed the commission also spoke about the concerns of the residents at Cardinal Pointe as stated in the staff report. Acting Chairperson Desai closed the public hearing. Commissioner Dahm moved to approve the conditional use permit resolution in the staff report for the new Maplewood Moose Lodge club building, as places of amusement, recreation or assembly and buildings erected in the Light Manufacturing zoning district within 350 feet of a residential district require a conditional use permit. Seconded by Commissioner Yang. Ayes - All The motion passed. This item goes to the city council June 10, 2019. 6. NEW BUSINESS a G-A-RdI 1GtiRg Gity B icinocc ;Pr! Di ihlin MeetiRgS PFeSeRtatinn (Staff removed from the agenda) March 19, 2019 2 Planning Commission Meeting Minutes 7. UNFINISHED BUSINESS None. 8. VISITOR PRESENTATIONS None. 9. COMMISSION PRESENTATIONS • March 25, 2019 City Council Meeting — Commissioner Yang was scheduled. - Wetland Buffer Variance Resolution, 1603 Mary St N. - Wetland Buffer Variance Resolution, Lot division and reduced front yard setback for new single family home at 2657 Geranium Ave E. - Resolution of Appreciation for Planning Commissioner, John Donofrio. All items were represented by another member but were passed by the city council. • June 10, 2019 City Council Meeting — Commissioner Dahm is scheduled to represent. - Public Vacation Resolution, 2182 Van Dyke Street North - Conditional Use Permit Resolution, Maplewood Moose Lodge, 3033 Hazelwood Street North. 10. STAFF PRESENTATIONS Staff introduced the new Community Development Director, Jeff Thomson to the planning commission. Mr. Thomson shared his background and said he looks forward to working in the City of Maplewood and is an additional resource for the commission. 11. ADJOURNMENT Acting Chairperson Desai adjourned the meeting at 8:10 p.m. March 19, 2019 3 Planning Commission Meeting Minutes PLANNING COMMISSION STAFF REPORT Meeting Date June 18, 2019 REPORT TO: Planning Commission REPORT FROM: Melinda Coleman, City Manager PRESENTER: Melinda Coleman, City Manager AGENDA ITEM: Conducting City Business & Public Meetings Presentation Action Requested: ❑ Motion ✓ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: Minnesota Statute lays out rules regarding the conduct of public officials, both elected and appointed. The information being presented is to ensure that all public officials are aware of the laws that govern your positions. Recommended Action: No action is necessary. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0.00 Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ❑ Other: n/a Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment ❑ Operational Effectiveness ❑ Community Inclusiveness ❑ Infrastructure & Asset Mgmt. NA Background Melinda Coleman, City Manager, will be present during the June 18, 2019 Planning Commission meeting to present. Topics to be discussed include: • Open Meeting Law • Technology as it Applies to Open Meeting Law • Conducting Commission Meetings • Role of Members and Chair at Meetings Attachments 1. Conducting Open — Public Meetings PowerPoint Presentation Attachment 1 z — W W V . 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Recommended Action: Motion to approve the rezoning and variance resolutions attached to allow a twin home to be constructed at 380 Skillman Avenue East. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0. Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ✓ Other: n/a Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment ✓ Operational Effectiveness ❑ Community Inclusiveness ❑ Infrastructure & Asset Mgmt. The city deemed the applicant's application complete on May 15, 2019. The initial 60-day review deadline for a decision is July 14, 2019. As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessary to complete the review. Background On August 10, 1971, the city's building inspector determined the house at 380 Skillman Avenue unsafe and uninhabitable and ordered for the immediate demolition of the house. On September 2, 1971, the city overruled the order of the building inspector and granted the property owner 90 days to remodel the house in accordance with building codes, and the condition that there be no occupancy until such remodeling is completed. On April 24, 1972, a fire caused about $10,000 damage to the the two-story frame dwelling at 380 Skillman Avenue. Discussion Zoning and Variance The site is currently zoned as Single Dwelling (R1) and has a total land area of 20,776 square feet. Permitted uses in this zoning district include single dwelling residential homes, temporary manufactured home with city council approval, public parks and playgrounds. In the R1 zoning district, the minimum lot size is 10,000 square feet and the minimum lot width is 100 feet for corner lots. The applicant is requesting to rezone the property to Double Dwelling Residential (R2). Permitted uses in this zoning district include any permitted use in the R1 zoning district and double dwellings. The minimum lot size in this zoning district is 7,500 square feet and the minimum lot width is 100 feet for corner lots. The applicant needs a 20-foot lot width variance to enable them build on a lot with a width of 80 feet. Design The applicant is proposing to build a two-story twin home on an 80-foot by 248-foot lot. The proposed house will cover less than 30% of the lot and meet all setback requirements. Detailed designs and plans will be submitted to the design review board prior to the issuance of any building permits. The applicant however proposes to maintain some trees on the property especially to the south, to serve as a buffer for homes to the south. The applicant owns similar properties in different parts of the city including 2072 to 2074 Bradley Street and 486 to 488 Eldridge Avenue. Department Comments Engineering Jon Jarosch, Assistant City Engineer, reviewed this project and had these comments regarding the site. 1. As this property is relatively flat, drainage around the proposed building and onto adjacent properties will need to be handled carefully. The applicant shall ensure the development of the parcel does not negatively impact the adjacent parcels as it pertains to drainage. 2. A grading and erosion control permit will be required for the addition construction should the request be approved. A grading and erosion control plan will be necessary to apply for said permit. 3. A sanitary sewer permit is required for any sanitary sewer service work associated with the proposed development of the property. 4. The applicant shall be responsible for any SAC, WAC, and PAC charges, along with any other charges associated with bringing sanitary sewer or water services into the proposed lot. Building Official, Dave Swan 1. Structure shall conform to building and life safety codes Public Safety Fire Chief, Steve Lukin and Police Chief, Scott Nadeau reviewed this proposal and had no issues. Environmental Health Officer, Molly Wellens No Comments Commission Review Planning Commission June 18, 2019: The planning commission will hold a public hearing and make a recommendation on this project. Citizen Comments Staff surveyed the 102 surrounding property owners within 500 feet of the site for their opinion about this proposal. Staff received thirteen responses: 1. 1994 Edgemont Street, Dan and Jackie Nerud: My husband and I do not approve the rezoning of this property. Our experience with rental property has not been favorable. The home next to ours has been rented various times and each time it has been an unpleasant experience from drug dealings, guns in the home with children to multiple pit bulls chained up in the yard. We feel additional rental property will bring down the value of our home. When you walk around our neighborhood you will find other twin homes and many of them are an eye sore. Our experience has shown us that renters do not care for a home like someone that owns their own home. There is already an abundance of rental property in our neighborhood and we do not want to see more. We have lived in Maplewood for over 30 years. If this rezoning is approved it will make us consider finding another city to call home. Thanks for asking for feedback. 2. 2026 Arkwright Street, Patty Peterson: I am sending you this e-mail with regard to the above property. I strongly object to additional rental property in the area. Arkwright Street, between Skillman Avenue and Mount Vernon Avenue, is entirely individually owned property. The two blocks of townhomes behind us on Clark and Desoto are rentals. The next block of Skillman is rental property. While the townhouses on Clark and Desoto are fairly well-maintained, there are issues with too many cars being left out on the street overnight, people driving too fast, and garbage in the alleys and streets. I would not object to a single family home being built on the lot if it would not be rental property. It would be interesting to know more about RPS Legacy and the types of tenants they rent to — do they accept Section 8, do they monitor the property to ensure it is being maintained? 3. Ross Denne: I received the letter and am in support of the change in zoning and proposed development. 4. 1999 Arkwright Street, Kathleen Rose: We are all for this! The property the way it is now is an eye sore. Lots of garbage and other stuff thrown in this wooded area. A twin home would be a welcome site. 5. 365 Skillman Avenue, Craig Legvold: Thank you for your letter dated May 28, 2019 soliciting my opinion regarding the application for Rezoning and a Variance at 380 Skillman Ave E. I am writing to express my opposition to the proposed change. I've owned my single-family home at 365 Skillman Ave since 2002. My property is surrounded by and the neighborhood already has a number of properties which are not single-family homes, although the majority of properties in this neighborhood are single-family. Non single family properties do not support as strong of a foundation to the neighborhood as single family homes. When I purchased my home, I chose this neighborhood in large part due to it being primarily zoned as single-family. The neighborhood has changed a bit over these years, not always in ways that benefited me as a homeowner, and there wasn't any opportunity for my input for those changes. This change, however, is one that I am not willing to support. When the owner purchased the property at 380 Skillman Ave, they, as well as I, did so knowing it was zoned as single-family. For 17 years, I have, however, owner-occupied my home and continued to use it as for its purpose as it was zoned and I have made improvements to it and kept it in good condition/curb-appeal, which benefits not only me, but benefits all the surrounding properties and homeowners as well. The owner of 380 Skillman Ave, however, now wants to make a change and needs my support after having not made any similar investment in the community and those proposed changes that will adversely affect me. Thank you again for your consideration of my opinion. Please feel free to contact me if you have any questions or if you would like to clarify anything. 6. 389 Skillman Avenue, Angelina Tram Nguyen: I co-own 389 Skillman Ave E. with my parents, Solange and Thomas. We received a letter requesting our opinion on a proposal by RPS Legacy to rezone the vacant lot at 380 Skillman Ave E. to build a twin home for rental use. We ask that the planning commission and city council DO NOT APPROVE this request for rezoning and variance. Our neighborhood around our block is a residential area consisting of homeowners. We want to uphold the level of care that homeowners maintain for their house and neighborhood because they take pride and ownership in their homes. Erecting any structure for rental purposes would subtract from the well-being of our neighborhood because renters are less invested in their dwelling than homeowners. There are apartment complexes at the corner of Skillman Ave E. and Desoto St. We know that police calls are made frequently to those rental units.We do not want those activities right across from our house. We disagree with RPS Legacy's claim that "this development plan is consistent with and complimentary to the existing neighborhood." They don't get to define what our neighborhood is. They don't live right here every day. There is a huge difference in neighborhood safety and upkeep block by block. Erecting rental units would diminish our block's neighborhood safety and surrounding home values significantly. Our neighborhood is comprised of homeowner families, many with small children and elderly grandparents living together in the house. We moved here and stayed here because the homes hold value and the block is safe for my elderly parents. If rental units are introduced on the block, only negative things would happen to these families, including mine.The block would be less safe, housing value would decline, and families would be forced to move under those pressures. My parents can't afford to move, and especially not in this housing market if their current home value declines. We definitely don't want renters in front of our house. 380 Skillman is zoned R1 for a reason. It's unsafe to rezone and build by variance both spatially and socially. One, the plot is too small to build a twin home. Two, building rental units would disrupt the cohesion and peace in our neighborhood. This rezoning and variance request profits only RPS Legacy at the expense of the entire block and nearby homeowners and their families. RPS Legacy is welcome to build a single family home under the current lot zoning R1 and sell it to a homeowner. We ask that the planning commission and city council deny this request. 7. 431 Belmont Ln,Walter Wegleitner: I am not in favor of this rezone proposal. Two single family homes could be built there, facing Skillman and Edgemont. We have plenty of rentals in the area now. This large twin home will probably have kids and very little back yard off road space. Keep these lots R-1 like they were originally intended to be in Maplewood. 8. 423 Skillman Avenue, Joseph H and Ruth A Robelia: This neighborhood is extremely dense. This lot is adjacent to and across the street from group homes. This long skinny lot is perfect for a single family dwelling Arkwright or Edgemont Street facing. Take a walking tour around the site—double occupancy projects are a blight to our little pocket of single family homes. 9. 1950 Hawthorne Avenue, Herbert Toenjes: Yes this is fine. Do the rezoning and let them build. 10. 382 Belmont Ln, Deek J and Chantel M Larson: Sure! Have fun Mr. Grunewald. 11. 1444 Northland Dr., Ste 200, Eclipse Investments LLC: No comments 12. 2080 McMenemy Street and 367 Belmont Ln, John Wegleitner: Adamantly opposed. Too many rentals in the area. Too many (5000) already in the area. Too much noise, congestion and traffic concerns. Maplewood has already built too many section 8 multi-unit housing lately. Why? There is a reason this was zoned R1, and that is because since single family homes are preferred over 5000 rentals in Maplewood already. And our city keeps ramming more section 8 housing down our throat. No way. Way too many rental already. Nice spot for a single family home. Leave well enough alone. I like the open space. 13. 2063 McMenemy Street, Gregorio Trevino: Awesome! Looks great. Good luck and godspeed. Reference Information Site Description Site Size: 0.49 acres Existing Land Use: Vacant Lot Surrounding Land Uses North: Single and Double Dwelling Residential South: Single Dwelling Residential East: Multiple Dwelling Residential West: Single Dwelling Residential Planning Existing Land Use: Low Density Residential (LDR) Existing Zoning: Single Dwelling (R1) Standards for a Variance and Rezoning State law requires that variances 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. The city code requires that zoning map changes meet the following criteria 1. Assure itself that the proposed change is consistent with the spirit, purpose and intent of the City's zoning chapter. 2. Determine that the proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. Determine that the proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. Determine that the proposed change will allow for the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Attachments 1. Rezoning Resolution 2. Variance Resolution 3. Overview Map 4. Zoning Map 5. Landuse Map 6. Applicant's Narrative and Plans 7. Pictures of Similar Properties Owned by Applicant 8. Jon Jarosch, Assistant City Engineer, engineering report dated May 30, 2019 Attachment 1 REZONING RESOLUTION WHEREAS, RPSLegacy711 Land Holdings, LLC, owner of the property located at 380 Skillman Avenue, has applied for a change to the city's zoning map from Single Dwelling Residence (R1) to Double Dwelling Residence (R2) to allow for a twin home to be built. WHEREAS, this change applies to the property at 380 Skillman Avenue in Maplewood, Minnesota. WHEREAS, the legal description for the lot is: LOTS 1, 2, 29 AND 30, BLOCK 3, MAGOFFINS NORTH SIDE ADDITION TO ST. PAUL WHEREAS, the property identification number for the lot is: 17-29-22-23-0040 WHEREAS, the history of this change is as follows: 1. On June 18, 2019, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review 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 recommended that the city council the rezoning. 2. On July 8, 2019, the city council discussed the rezoning. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council the above-described change for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the City's Double Dwelling (R2) Zoning District. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change will allow for the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. The Maplewood City Council this resolution on July 8, 2019. Attachment 2 LOT WIDTH VARIANCE WHEREAS, RPSLegacy711 Land Holdings, LLC, owner of the property located at 380 Skillman Avenue, has applied for a 20-foot lot width variance to enable the construction of a twin home on a lot with a width of 80 feet. WHEREAS, Section 44-244(c)(2) requires that the minimum lot width for corner lots in the double dwelling zoning residence shall be 100 feet. WHEREAS, the applicant is proposing a lot width of 80 feet for a corner lot in a double dwelling zoning residence. WHEREAS, this variance applies to the property located at 380 Skillman Avenue. The legal description of the property is: That part of Lots 1, 2, 29 AND 30, BLOCK 3, MAGOFFINS NORTH SIDE ADDITION TO ST. PAUL WHEREAS, the property identification number for the lot is: 17-29-22-23-0040 WHEREAS, the history of this variance is as follows: 1. On June 18, 2019, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review 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 recommended that the city council approve this variance. 2. On July 8, 2019, the city council discussed variance. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council the above described variance for the following reasons: 1. The proposed use would be in harmony with the general purposes and intent of the zoning ordinance. 2. The proposed use is consistent with the low density classification of the Maplewood Comprehensive Plan. 3. The applicant is proposing to use the property in a reasonable manner that would otherwise not be permitted by the city's requirement that corner lots in the double dwelling zoning district have a minimum lot width of 100 feet. 4. Strict enforcement of the ordinance would cause the applicant practical difficulty because of circumstances unique to the property and not created by the property owner. The Maplewood City Council this resolution on July 8, 2019. V,�- 380 Skillman Avenue East Attachment 3 City of Maplewood May 15,2019 Maplewood Information i Overview Map 366 374 382 390 s .398 406 414 422µ 1 „ 365 373 381 389 397 415 423 j a e 380 2034 s j&20 11 32 360 2030 , 2028 2022 2027 ._ 201 2022 ,M1 2016 2019 i '� J X18 2016 2011 P.— 2014, 2008 &qyt 7 2012 2010) - w. r 2011 2005 Ir t °f• 20081 .,,2006 4 ,. 2004 Legend 2000 __ .. _ L 2002 ' f ? ✓2000 Subject Parcel ,_ 1999 , I 1998 0 120 _ _ .M Feet Source: Cit of Ma /ewood. Ramsey Count X1992 380 Skillman Avenue Attachment 4 City of Maplewood June 11,2019 361 ., —.i371. . � • � 4 e Information Zoning Map Jt .. . � � - � 4=; '�""fib• i r 3561 362 j 372_ 378 = 384 394 408 414 422 428 436s w„ { -444: { Rte. � 1 ' 248 36 x,. 375 - 383 391 0 I 407 41 423' 431 a 447'' 455 ��- INS 1 -. ;. �.ej 6...,.•� � .- X ' �s �y � 4 RJ 358, ` 374 r�' 382 390 39 r 40 X41 4 2F 43 438 446 45 357 '' X365 0 38 -.42 43 445 451 f 380 360 . r �-AM l_ g 2022:.., t '"'a 2027 'I- Kl �qq Legend Zoning ;,2019 ' Single Dwelling (r1) 7 9 1W ' Double Dwelling (r2) - -2011- ' _ I Multiple Dwelling (r3) E 1999 J Subject Parcel 0 190 - Feet 1993 i Source: City of Ma lewood, Ramsey Count k- V,�- 380 Skillman Avenue East Attachment 5 City of Maplewood May 15,2019 Maplewooc Information G i� Land Use Map F litYJ 366 374 382 390 398 " 406 414 2 . ' ,� r 4. L. Is 365 373 381 `389 I 397. 415 -.423 380 360 2022 2027 2017 rout - "mss W. 5 gra y 201 ' 2019. l'!J Legend J 8 Future Land Use 2011 Low Density Residential F7=1 # # t` Medium Density Residential " Subject Parcel 1999 0 120 Feet Source: City of Ma lewood, Ramsey Count ", Attachment 6 a -� T Illln°a� "tel ii RPS Legacy Multi-Family•Commercial•Development City of Maplewood Environmental & Economic Development Department 1902 County Road B East Maplewood, MN 55109 April 24, 2019 To whom it may concern, Enclosed is our application for a Zoning Code Variance on our property located at 380 E. Skillman Avenue. We are requesting a minimal variance of 5 feet. It is our intention to develop the land with the new construction of a twin home. The land was originally purchased in 1989 by our family. The intent behind the purchase was to hold the land until it was appropriate to develop with a twin home. We have held the land, and paid property taxes timely, for 30 years. Due to the demand we are experiencing with our current twin homes located in Maplewood, we recognize the need for additional family rental units in the community. This development plan is consistent with and complimentary to the existing neighborhood. The residential neighborhood is a mix of rental and individual homes; and this location is ideal to support a twin home. The addition of a twin home would be an asset to the existing well-maintained community. RPS Legacy is a second-generation management company and have been renting and maintaining residential units since 1973. RPS Legacy can be held accountable to construct and maintain a quality residence consistent the needs of the neighborhood at present. Sincer y, , Chad Gru ewald Operations Manager 2935 COUNTRY DRIVE SUITE 100 LITTLE CANADA,MN 55117 (651)484-0070 RPSLEGACY.COM Attachment 6 )®\q u \m\/ EDGEMoIsREET e 7� )\� � m / 7 -- - -- ' ~} �[ m � 7R >D. \k© {%� ' k m ` � / �A nn 7Mz� — G m \ƒ/ ;[k \ %23�- \/_ 1> | ; . ®T . ! f T- . � 2 " > \\\ � ------- s / � \{ƒ --� Wiz- -- © > m � � 0 \ 4RKWR bA2sREETN RTA r �/ 2f (! ƒ 6r §f ,mSg�NAEE \ } e% /) TWIN HOME . f ,em_AVENUE EAST,__mo_ ...rs � •. , '111 �ga11111l111111p n �'a7al�i.nnulua.�1 I '11� all - s �F , Jllll y� I'll — ■■!�■■■■■i ,�' del i lliil I �. ■I i■ i■ log L_ b �G.e If■ eEL ra' - ■• ■■ 4�1�■ Frear ■l Ll lel� � 5 IS TI. . N e bE�e !I ■ IE Im n e 1!{_��II���_III MIT- •'Fate •C 1_I ■I�■ A , LE ISI�I ' O E It iii r r. WrrkMNui""11r', t - s r 6 p' f g :4 - z.�a ••i�,F P C�i• �fv 7 j r 'L �'�a•' „ a k ,tib° .r� Y W�+'f -_ - - � T Y� iy Y Y r rw Attachment 8 Engineering Plan Review PROJECT: 380 Skillman Avenue Twin Home PROJECT NO: 19-17 COMMENTS BY: Jon Jarosch, P.E. —Assistant City Engineer DATE: 5-30-2019 The applicant is proposing to construct a twin home at 380 Skillman Avenue. The applicant is requesting a variance to the minimum lot depth, with a proposed lot depth of 80 feet. A rezoning to allow for the twin home is also being requested. The following are engineering review comments and act as conditions prior to approvals: 1) As this property is relatively flat, drainage around the proposed building and onto adjacent properties will need to be handled carefully. The applicant shall ensure the development of the parcel does not negatively impact the adjacent parcels as it pertains to drainage. 2) A grading and erosion control permit will be required for the addition construction should the request be approved. A grading and erosion control plan will be necessary to apply for said permit. 3) A sanitary sewer permit is required for any sanitary sewer service work associated with the proposed development of the property. 4) The applicant shall be responsible for any SAC, WAC, and PAC charges, along with any other charges associated with bringing sanitary sewer or water services into the proposed lot. - END COMMENTS - PLANNING COMMISSION STAFF REPORT Meeting Date June 18, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Michael Martin, AICP, Assistant Community Development Director PRESENTOR: Michael Martin, AICP, Assistant Community Development Director AGENDA ITEM: Ordinance Amending Chapter 44 of the City Code by Adding Section 44-22 Which Provides a Process for Requesting a Reasonable Accommodation Pursuant to Federal Law Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ✓ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: City staff is seeing an increase in the number of request for reasonable accommodation. It is the policy of the city, pursuant to the Federal Fair Housing Amendments Act of 1988, to provide reasonable accommodations for persons with disabilities seeking fair and equal access to housing in the application of its zoning and other regulations. Reasonable accommodation means providing an individual with a disability, or developers of housing for an individual with a disability, flexibility in the application of land use and zoning regulations or policies (including the modification or waiver of certain requirements), when it is necessary to eliminate barriers to housing opportunities. Recommended Motion: Motion to approve an ordinance amending City Code to provide a process for requesting a reasonable accommodation pursuant to Federal law. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0. Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ✓ Other: n/a Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment ✓ Operational Effectiveness ❑ Community Inclusiveness ❑ Infrastructure & Asset Mgmt. Background City staff has seen an increase in the number of request the city is receiving for reasonable accommodations. In the past, staff has dealt with requests on a case-by-case basis but is now seeking a more consistent process. The attached ordinance lays out a process where an applicant may request a reasonable accommodation pursuant to Federal law. Staff would then review the request against the standard laid out in the ordinance. Staff's decision would then be mailed to the applicant and to the owners of record of all properties which are immediately adjacent to the subject property. All parties would have 30 days to appeal staff's decision to the city council who would make the final decision. Commission Review The Planning Commission will hold a public hearing and review the proposed ordinance on June 18, 2019. Attachments 1. Reasonable Accommodation Ordinance Attachment 1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 44 OF THE CITY CODE BY ADDING SECTION 44-22 WHICH PROVIDES A PROCESS FOR REQUESTING A REASONABLE ACCOMMODATION PURSUANT TO FEDERAL LAW The Maplewood City Council ordains as follows: Section L The City Council of the city of Maplewood hereby amends Chapter 44, Article I of the Maplewood code of ordinances by adding a new section 44-22 as follows: Sec. 44-22. Reasonable Accommodations. (a) Policy and purpose. It is the policy of the city, pursuant to the Federal Fair Housing Amendments Act of 1988, to provide reasonable accommodations for persons with disabilities seeking fair and equal access to housing in the application of its zoning and other regulations. Reasonable accommodation means providing an individual with a disability, or developers of housing for an individual with a disability, flexibility in the application of land use and zoning regulations or policies (including the modification or waiver of certain requirements), when it is necessary to eliminate barriers to housing opportunities. The purpose of this article is to establish a process for making and acting upon requests for reasonable accommodations. (b) Initiation of reasonable accommodation request. Any person who requests reasonable accommodation in the form of modification in the application of a zoning or other regulation which may act as a barrier to fair housing opportunities due to the disability of existing or proposed residents, may do so on an application form provided by the "Person" includes any individual with a disability, his or her representative or a developer or provider of housing for an individual with a disability. The application shall include a detailed explanation of why the modification is reasonably necessary to make the specific housing available to the person(s), including information establishing that the applicant is disabled under applicable laws, as well as other information required by the to make the determination. If the project for which the request is being made also requires an additional land use review or approval, then the applicant shall file the request concurrently with the land use review. (c) determination; required findings. The or designee thereof, in consultation with the city attorney, shall have the authority to consider and act on requests for reasonable accommodation. The shall issue a written decision in which the request is approved, approved subject to conditions, or denied. In making the decision as to whether an accommodation is reasonable,the following factors shall be considered: 1 578600v1MA745-4 Attachment 1 (1) Special need created by the disability. (2) Potential benefit that can be accomplished by the requested modification. (3) Need for the requested modification, including alternatives that may provide an equivalent level of benefit. (4) Physical attributes of and any proposed changes to the subject property and structures. (5) Potential impact on surrounding uses. (6) Whether the requested modification would constitute a fundamental alteration of the zoning regulations, policies, procedures of the city, and/or nature of the area in which the modification is being requested. (7) Whether the requested modification would impose an undue financial or administrative burden on the city. (8) Any other factor that may be determined to have a bearing on the request. Any approval issued under this section may include such reasonable conditions that the deems necessary to mitigate any adverse impacts that the granting of such reasonable accommodation may produce or amplify. (d) Notice of decision. The written decision of the shall be mailed to the applicant and to the owners of record of all properties which are immediately adjacent to the property which is the subject of the reasonable accommodation request within five business days of such decision being made. All written decisions shall give notice of the right to appeal a decision of the pursuant to paragraph (h) below. The decision of the shall constitute the final decision of the city, unless appealed according to the procedures contained within and the time limits provided in paragraph (h). Only the aggrieved applicant and immediately adjacent property owners who received notice of the written reasonable accommodation determination have a right to appeal the decision. Reasonable accommodations approved under this ordinance shall become effective on the first calendar day following expiration of the right to appeal. (e) Applicability. Any approved request shall constitute a limited license which shall allow the property owner or occupant to continue to rely upon such accommodation only so long as they own or occupy the property. Approval of a reasonable accommodation does not constitute a property right, does not run with the land, and does not provide future owners or occupants any rights to rely upon such accommodation approvals. Only the person who applied for such reasonable accommodation, and who is specifically named in the city's approval of such accommodation, shall be entitled to the benefits and protections thereof. 2 578600v1MA745-4 Attachment 1 (f) Conditions and guarantees. Prior to the issuance of any permits relative to an approved reasonable accommodation request, the may require the applicant to record a covenant acknowledging and agreeing to comply with the terms and conditions established in the determination. (g) Fee. The city council shall annually set a fee in connection with a request for reasonable accommodation made pursuant to the provisions of this article. (h) Appeals. Any decision reached by the pursuant to paragraph (d) above shall be subject to appeal to the City Council by those persons with a right to appeal as provided herein. All appeals shall be initiated by submitting a notice of appeal, in writing, to the within 30 days of the date upon which the decision was made. Upon notice of appeal, the city manager shall present such appeal to the City Council for action within 30 days. The shall also serve notice of such appeal on all parties entitled to receive notice of a decision issued under paragraph (d) above. Following a hearing on such appeal, the City Council shall issue its findings, in writing, within 30 days. SECTION II. This ordinance shall be effective following its adoption and publication. Approved by the City Council of the city of Maplewood this day of , 2019. Marylee Abrams Mayor Attest: Melinda Coleman City Manager 3 578600v1MA745-4