2015-08-11 PC Agenda Packet
PLANNING COMMISSION MEETING
Tuesday, August 11, 2015
7:00 PM
1. CALL TO ORDER - ROLL CALL – ADOPT AGENDA
2. MINUTES
July 14, 2015 Planning Commission Meeting (pages 1-4)
3. PUBLIC HEARINGS
a. Public Hearing to Consider an Amendment to Reduce Side Yards Abutting the Street
in the R-1A and R-2 Zoning Districts from Thirty (30) Feet to Twenty (20) Feet
(pages 5-9)
4. OTHER BUSINESS
a. Finken Water Request (pages 10-17)
b. Discuss September Planning Commission Meeting Date (due to Labor Day and
Council Meeting on Tuesday, September 8, 2015)
5. ADJOURNMENT
Page 1
ALBERTVILLE PLANNING COMMISSION
Tuesday, July 14, 2015
DRAFT MINUTES
ALBERTVILLE CITY HALL 7:00 PM
1. CALL TO ORDER – ROLL CALL – ADOPT AGENDA
Chair Klecker called the meeting to order at 7:00 p.m.
Olson conducted roll call.
Present: Chair Klecker and Commissioners Mark Barthel, Jeremy Dominick (7:06 p.m.) and Dale
Edgren.
Absent: Commissioner Lindberg
Others Present: City Planner Alan Brixius, City Clerk Kimberly Olson, and Mike Huey
Motioned by Barthel, seconded by Edgren, to approve the agenda as presented. Ayes: Klecker,
Barthel, and Edgren. Nays: None. Absent: Dominick and Edgren. MOTION DELARED
CARRIED.
2. MINUTES
Motioned by Edgren, seconded by Klecker, to approve the June 9, 2015 Planning Commission
meeting minutes. Ayes: Klecker, Barthel, and Edgren. Nays: None. Absent: Dominick and
Lindberg. MOTION DECLARED CARRIED.
3. PUBLIC HEARINGS
A. Public Hearing to Consider a Request by Mike Huey for a Conditional Use Permit to
Relocate a Single Family Home from Plymouth, MN to a Parcel Located at 4801
CSAH 19 in Albertville (PID 101500111101)
Mike Huey, P.O. Box 1212, Maple Grove, was present at the meeting.
Brixius reported the applicant has applied for a Conditional Use Permit to relocate a single family
home to a lot in the extreme southern portion of Albertville from the City of Plymouth. The
applicant is also requesting an administrative permit for an attached garage that is larger than 1,000
Planning Commission Meeting Minutes Page 2
Regular Meeting of July 14, 2015
square feet in floor area. The Albertville property is zoned A-1, Agricultural Rural, and is a vacant
lot.
Brixius stated the single family home must meet certain performance standards.
Dominick arrived at 7:06 p.m.
Barthel inquired if there is sufficient room for the driveway. Brixius replied the lot will meet all
setbacks and is of sufficient depth. He stated there is a designated wetland area on the lot and
therefore does not need to meet shore land requirements. Brixius reported the applicant is intending
to move the first floor and above. He also stated the home will exceed the standards of other lots in
the area.
Huey stated that the home must be appraised at a certain amount in order for his financing to work.
He stated that he was originally hoping to move the home on July 23 between midnight and 5:00
a.m. to avoid the majority of traffic, but the date has now been pushed back into August.
Dominick inquired how the home would be moved and Huey replied it would be moved by
professional home movers and would be moved in sections. Brixius replied the route must be
approved by the City Engineer. Huey stated the basement will not be moved.
Brixius stated that the administrative permit for the garage is because the floor area is twelve feet
larger than the 1,000 square foot standard. Brixius stated the relocation will have significant impact
on turf and landscaping and he recommends the applicant restore the turf and landscaping of the lot.
Brixius stated that the driveway access is established and the applicant will have to work with
Wright County for an access permit.
Brixius indicated that Albertville will be unable to provide utility service to the property, but the
City of St. Michael has agreed to install sewer and water connections. However, the applicant will
be responsible for all costs and fees associated with the extension of the utility service. Both
Albertville and St. Michael would need to enter an agreement outlining the arrangement and
ensuring reimbursement and payment of user fees to the City of St. Michael.
Brixius stated this would be a good use of the lot as the parcel was very difficult to try to subdivide.
Hudson inquired about requiring the applicant to provide at least one shade tree. Brixius replied
that is a requirement outlined in the City Code for single family homes. Huey indicated he already
has a site plan that includes several maple trees.
Barthel inquired about the retention pond and Brixius replied it is maintained as a regional pond.
Klecker felt it would be a great improvement to the site.
Huey stated that he will find out about the appraisal and financing on July 17. Brixius reported they
originally planned to bring the application to the July 20 City Council meeting, but they will
postpone it to August 3.
Planning Commission Meeting Minutes Page 3
Regular Meeting of July 14, 2015
Barthel inquired of the applicant if the house was up to building code, such as electrical, etc. Huey
replied it was a fairly new house and is a high end product. He believes it is up to code and Brixius
reported that is a condition of the CUP.
Klecker opened the public hearing. There were no comments.
Motioned by Barthel, seconded by Dominick, to the close the public hearing. Ayes: Klecker,
Barthel, Dominick, and Edgren. Nays: None. Absent: Lindberg. MOTION DECLARED
CARRIED.
Motioned by Dominick, seconded by Edgren, to recommend approval of the administrative
accessory building size and location and approval of the Conditional Use Permit to relocate a
single family home to a parcel located at 4801 CSAH 19 in Albertville, PID 101500111101 subject
to the conditions outlined in the July 9, 2015 planning report. Ayes: Klecker, Barthel, Dominick,
and Edgren. Nays: None. Absent: Lindberg. MOTION DECLARED CARRIED.
4. OTHER BUSINESS
A. Discuss the Need for Sing Regulations Update
Brixius reported that City Administrator Nafstad had asked staff to re-evaluate the sign code to make
it easier to understand and follow. Brixius stated that the format of the current sign is difficult to
follow and could use a cleaner outline and structure.
Brixius stated the following issues may need to be addressed:
• Can areas of comprehensive sign plans be used for other areas in Albertville?
• What are the sign needs for the local businesses?
• Address advertising devices, i.e. billboards.
• What will the review process look like?
• Is the Planning Commission willing to move forward with this review and take on the task of
restructuring the sign code?
Klecker had concerns regarding billboards and their use in Albertville.
Brixius stated that staff has recently discussed sign needs for the Country Inn and Suites.
Barthel would like to review signs mounted on vehicles and trailers as well as dynamic signs. He
wants to be sure they are kept toned down.
Klecker was concerned with allowing too many signs and not being able to see the buildings due to
the amount of signs.
Brixius stated they have a come a long way with the quality and look of dynamic signs.
Planning Commission Meeting Minutes Page 4
Regular Meeting of July 14, 2015
Brixius stated there is some case law staff would need to review regarding content neutral signage.
Brixius proposed holding Planning Commission and City Council work sessions to review the re-
organized sign code and any draft revisions. He stated he would bring forward costs for the sign
code review for Council approval at their next meeting.
5. ADJOURNMENT
Motioned by Barthel, seconded by Edgren, to adjourn the meeting at 7:52 p.m. Ayes: Klecker,
Barthel, Dominick, and Edgren. Nays: None. Absent: Lindberg. MOTION DECLARED
CARRIED.
Respectfully submitted,
___________________________________
Kimberly A. Olson, City Clerk
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MEMORANDUM
TO: Adam Nafstad
FROM: Alan Brixius/Michelle Barness
DATE: August 6, 2015
RE: Albertville – Corner Lot Side Yard Setback Ordinance Amendment
FILE: 163.05 – 15.12
BACKGROUND
Planning staff is providing consideration of a draft ordinance amendment addressing Section
3250.6, Lot Requirements and Setbacks of Chapter 3250, R-1A, Residential Low Density
Single-Family District, and Section 3400.5, Lot Requirements and Setbacks of Chapter 3400,
R-2, Residential Sing and Two-Family District Single Family, with regards to corner lot
setbacks for side yards abutting streets.
The City received a request from Brad and Meghan Lawinger, owners of the property located
at 10551 62nd Street NE within the R-1A District, to reduce the corner lot side yard setback to
public streets from 30 feet in depth to 20 feet in depth. The residents would like to expand
their home to provide a larger garage but are limited by the current 30 foot setback
requirement. A map of their corner lot and home has been provided as an attachment to this
memorandum. A reduction in the setback to only 20 feet would permit the property owners to
expand the building footprint of their home and add value to their property. The proposed
change is not anticipated to negatively impact public ways or nearby properties, as the
expansion is towards the street side lot line as opposed to another home, and a 20 foot
setback should still be sufficient enough to maintain yard space appropriate to low density
development.
Currently both the R-1A and R-2 Single Family Districts require a minimum 30 feet setback for
side yards abutting a street, which differs from the R-1 and R-3 Single Family Districts
requirement of 20 feet. On the other hand, the R-1A, R-1 and R-2 Districts all share the same
requirements for a minimum 30 foot front yard setback, 10 foot interior side yard setback, and
25 foot rear yard setback. All three districts are intended to provide regulations suitable to low
density single family development. If a 20 foot street side yard setback is suitable in the R-1
and R-3 Districts, a similar setback should allow for the desired low density development in the
R-1A and R-2 Districts as well.
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RECOMMENDATION
Planning staff recommends that the corner lot side yard setback from public streets in the R-1A
and R-2 District be lowered to 20 feet to be consistent with the same regulation in the R-1 and
R-3 Single Family Districts. This reduction in required setback will provide additional
opportunities for property owners within these districts to expand the building envelopes of
their homes further and reinvest in their single family lots. This type of single family residential
re-investment is supported by the following goals in the Albertville 2012 Visioning Study:
• Manage growth that provides quality development and does not fiscally burden the
community.
• Maintain and build attractive residential neighborhoods.
• Examine City subdivision and zoning performance standards to establish the
performance standards that accomplish the City’s residential goals.
Staff requests that the Planning Commission consider the attached side yard setback
ordinance amendment and provide their recommendation on the proposed change.
c: Kim Olson
Cara Hotchkiss
Paul Heins
Mike Couri
Wright County, MN
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CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2015 - ____
AN ORDINANCE AMENDING SECTION 3250.6 (LOT REQUIREMENTS AND
SETBACKS) OF CHAPTER 3250 (R-1A RESIDENTIAL LOW DENSITY SINGLE-FAMILY
DISTRICT) AND SECTION 3400.5 (LOT REQUIREMENTS AND SETBACKS) OF
CHAPTER 3400 (R-2 RESIDENTIAL SINGLE-AND TWO-FAMILY DISTRICT) IN
APPENDIX A (ZONING ORDINANCE) OF THE 2005 ALBERTVILLE MUNICIPAL CITY
CODE, RELATING TO CORNER LOT SIDE YARD SETBACK REGULATIONS
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
SECTION 1. Section 3250.6 (Lot Requirements and Setbacks) of Chapter 3250 (R-1A,
Residential Low Density Single-Family District) is hereby amended as follows:
C. Setbacks:
1. Front yard: Not less than thirty feet (30').
2. Side yard:
a. Interior lots: Ten feet (10') each.
b. Corner lots: Not less than thirty feet (30') twenty feet (20’) on the side yard
abutting a public street.
3. Rear yard:
a. Principal building: Twenty five feet (25').
b. Accessory building: Per section 1000.4 of this ordinance. (Ord. 1988-12, 12-19-
1988; amd. Ord. 1996-15, 6-17-1996; Ord. 2009-017, 11-2-2009)
SECTION 2. Section 3400.5 (Lot Requirements and Setbacks) Of Chapter 3400 (R-2,
Residential Single-And Two-Family District) is hereby amended as follows:
C. Setbacks:
1. Front yard: Not less than thirty feet (30').
2. Side yard:
City of Albertville
Ordinance No. _________
R-1A and R-2 District Setbacks
Page 2
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a. Interior lots:
(1) Single-family and two-family dwellings: Not less than ten feet (10'),
except a five foot (5') side yard setback is permitted for an attached garage
and any living space constructed above the attached garage footprint.
(2) All other uses: Not less than ten feet (10') each.
b. Corner lots: Not less than thirty feet (30') twenty feet (20’) on the side yard
abutting a public street.
3. Rear yard:
a. Principal building: Twenty five feet (25').
b. Accessory building: Per section 1000.4 of this ordinance. (Ord. 1988-12, 12-19-
1988; amd. Ord. 2009-017, 11-2-2009)
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY
FOLLOWING ITS PASSAGE AND PUBLICATION.
Approved by the Albertville City Council this _________ day of _________ 2015.
___________________________________
Jillian Hendrickson, Mayor
ATTEST:
______________________________
Kimberly A. Olson, City Clerk
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MEMORANDUM
TO: Adam Nafstad
FROM: Alan Brixius
DATE: August 6, 2015
RE: Albertville – Finken Temporary Sales Request
FILE NO: 162.05 – 15.10
BACKGROUND
Tom Finken of Finken Water has a business within the Shoppes of Prairie Run. He also
owns the vacant lot north of the Prairie Run shopping center (see Exhibit A). Per his
letter (Exhibit B), he would like to display for sale six to 10 new, high quality yard sheds
on the vacant lot. Upon review of the request, City staff informed the property owner
that the proposed use was not allowed on this lot based on the definitions, zoning
district, and performance standards of the Albertville City Code. Staff, however, took
this issue to the City Council for consideration and direction.
Exhibit C is the Request for Council Action outlining this issue for the City Council. The
City Council felt that the City should provide some interim use of vacant commercial
land within the City, but were concerned of the potential impacts these uses may have
on adjoining properties and performance standards that may be needed to
accommodate these uses in an attractive and safe manner.
REQUEST FOR ACTION
The Council Request for Action outlines the current applicable zoning standards. In the
case of the Finken lot, they have a nearby business and adjoining parking lot that may
accommodate the use on their adjoining vacant lot. In considering any change of
ordinance, the Planning Commission must consider the land use implications beyond
the Finken property and its application throughout the City.
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TEMPORARY USE
In this instance, the property owner wishes to use the vacant land on an interim basis
until the site becomes marketable for permanent development. In this light, if the City
wishes to accommodate these uses, we would look to amend the temporary seasonal
sales permit rather than establishing it as a permanent land use through zoning.
SALES ITEMS
The temporary seasonal sales permits have a limited range of uses by definition. In this
regard, the Planning Commission will need to expand the range of sales items under
this permit.
PERFORMANCE STANDARDS
Currently, the temporary seasonal sales permit is accommodated on developed lots that
offer lot access, hard surface sales areas, parking, and utilities. In expanding this
permit to vacant lots, the Planning Commission should consider the following issues:
1. Surfacing. Currently, the City prohibits temporary sales events from occurring
within a public right-of-way or landscaped green areas. Sales products, trailers,
temporary stands, etc. shall be located on an asphalt or concrete surface.
In accommodating vacant lots, the City must consider an exception to this
requirement. We may allow placement on grassed or crushed rock surfacing.
Site access, parking, and pedestrian ways for customers visiting the site should
have some type of surfacing.
2. Size. The current regulations have the effect of limiting the size of seasonal
sales. The Planning Commission may consider some standards that physically
define the limits of a sales area on a vacant site.
3. Parking. In case of the Finken property which abuts the Shoppes at Prairie Run
Shopping Center, their site may have access and parking at the adjoining parking
lot. This parking and access is under separate ownership from the Finken lot.
The property owner will need to grant permission for the off-site parking use.
Other vacant sites may not have a similar arrangement. In those cases, the City
should define the required parking and performance standards (i.e., amount of
parking, access location, crushed rock surfacing).
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MAINTENANCE
Finken Water occupies the north tenant bay of Shoppes at Prairie Run. This location
offers a sales office, site supervision, and management to ensure that the sales area is
well maintained.
CONCLUSION
Finken Water wishes to use the vacant land for a temporary sales lot. The City Council
is requesting the Planning Commission recommendation on the following questions:
1. Should the City expand the temporary seasonal sales to expand sales items and
allow them on vacant commercial lots?
2. If the City expands the temporary sales to vacant lots, what performance
standards should be incorporated into the permit requirements?
c: Kim Olson
Cara Hotchkiss
Paul Heins
Mike Couri
EXHIBIT A13
Adam Nafstad
City Administrator/Public Works Director
City of Albertville
5959 Main Ave NE, Albertville, MN 55301
Dear Mr. Nafstad:
Finken Plumbing, Heating and Cooling and Finken Water Solutions is seeking an opportunity to
use the lot that we own adjacent to our Albertville store lot at 5262 Kyler Ave. #116 for the
purpose of displaying approximately 6-10 brand new, high quality yard sheds. The yard sheds
would be models units and would be available to custom order from our store representative.
Since the shed business is very seasonal we would have the units on display from spring-fall or
approximately April-October. We feel this would be a good use of the vacant lot. Please reach
Tom Finken directly with questions: (320) 258-2242.
http://www.grandviewbuildings.com/
Thank you for your consideration!
Kirsten Freeman, Director of Business Development
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August 6, 2015
SUBJECT: Finken Zoning Inquiry – Outdoor Shed Sales at 5265 Kyler Avenue
RECOMMENDATION: City staff seeks City Council feedback on this zoning inquiry.
Council is requested to give an opinion as to whether the definition of temporary outdoor
seasonal sales may include the property owner’s request.
BACKGROUND: Tom Finken owns a vacant lot north of the Prairie Run Shopping Center.
Per his letter, he would like to display approximately 6-10 new, high quality yard sheds on his
vacant property. In staff review of the request, we found that the site is zoned B-2, Limited
Business District. The B-2 District addresses outdoor sales as follows:
1. The district does not allow outdoor sales lots.
2. Outdoor display of merchandise is permitted as an accessory us to a business provided
the display rea is limited to 10% of the gross floor area of the building or tenant bay.
3. The B-2 District does allow temporary seasonal sales as a permitted use as regulated by
Section 1000.22 of the Albertville Zoning Ordinance.
TEMPORARY OUTDOOR SEASONAL SALES: The temporary sale of
agricultural produce, Christmas trees, flowers and the like sold and conducted by
the operators of a legitimate, established business within the appropriate zoning
district in the city. City licensed mobile food units and food carts as defined in
section 4-4-2 of the city code do not fall within this definition, and are exempt
from temporary outdoor seasonal sale requirements as provided in
section 1000.22 of this ordinance.
Section 1000.22 outlined the performance standards for temporary seasonal sales as follow:
1000.22: TEMPORARY OUTDOOR SEASONAL SALES:
Temporary outdoor seasonal sales may be permitted in any business zoning district; provided,
that the following minimum criteria are complied with: A permit application form and fee, as set
by council resolution, shall be submitted to the city administrator who is hereby authorized to
review and approve permits for temporary outdoor seasonal sales, provided the following
criteria are established:
A. The maximum term of operation shall be sixty (60) consecutive days, with a maximum of
two (2) permits per calendar year for each use.
B. No portion of the use shall take place within any public right of way or landscaped green
strip.
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C. Parking and display areas associated with the use shall not distract or interfere with
existing business operations or traffic circulation patterns.
D. Display areas and parking spaces shall use those parking lot spaces that are in excess
of the minimum required parking for the primary use of that property.
E. The site shall be kept in a neat and orderly manner, and display of items shall be as
compact as possible so as to not interfere with existing business, parking or driveway
operations.
F. Sales products, trailers, temporary stands, etc., shall be located on an asphalt or
concrete surface as approved in the administrative permit.
G. Temporary outdoor seasonal sales uses (with a valid administrative permit) may have
one on site temporary sign not to exceed twenty four (24) square feet in area and not
more than twelve feet (12') in height.
H. The owner/operator shall have the written permission of the current property owner to
locate the use on a specific site.
I. A daily cleanup program shall be presented as part of the administrative permit
application.
J. Those temporary outdoor seasonal sales uses that are determined by the city
administrator not to be consistent with the intent of the city code or comprehensive plan
may be appealed pursuant to the process outlined in chapter 600 of this ordinance.
Based on the property owner’s description of their intended use, City staff did not believe the
intended sales, the duration or condition of the lot fell under the definition or performance
standards for temporary seasonal sales. With this interpretation, we informed the property owner
that the use was not allowed within the B-2 Zoning District. We informed the property owner
that with a letter explaining their proposed use, we would present their inquiry to the Council for
consideration.
KEY ISSUES:
1. The site is zoned B-2, Limited Business District. This district is to provide low intensity
uses on a limited scale due to its proximity to residential neighborhoods.
2. The B-2 District does not allow sales lots. Outdoor sales lots are allowed in the more
intense B-3, Highway Commercial District and B-W, Business Warehouse District by
conditional use permit.
3. Temporary seasonal sales are a permitted use within the B-2 Zoning District. The City
has allowed temporary seasonal sales permits for agricultural produce stands,
garden/landscape items, and fireworks occurring within parking lots of developed
properties. To allow the property owner’s request, the Council would need to expand the
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definition of temporary seasonal sales to include items like sheds. In making this
decision, Council must be aware that this would expand this definition to all other
commercial zoning districts.
4. If the Council expands the definition to include a broader range of sale items, the
property owner will be required to abide by the performance standards for temporary
seasonal sales including:
a. Sale duration of 60 days, 120 days with two consecutive sales permits.
b. Sales display shall be located on an asphalt or concrete surface.
c. Sales display cannot occupy a public right-of-way or landscaped area.
POLICY/PRACTICES CONSIDERATIONS: In considering this inquiry, the City Council
must consider the implications of an expanded definition of temporary seasonal sales. These
uses are allowed in each of the City’s commercial districts. The Council must determine if these
types of sales lots on vacant lots fit the community’s image that it wishes to put forth. What
additional uses may take advantage of the expanded definition?
FINANCIAL CONSIDERATIONS: None.
LEGAL CONSIDERATIONS: A change in the definition of the temporary seasonal sales will
be applicable to all lots where this use is permitted.
Department/Responsible Person: Planning, Alan Brixius
Submitted Through: Administration, Adam Nafstad
Attachments: Property Owner’s Letter
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