HomeMy WebLinkAbout20230627 PC RM - Packet
AGENDA
Planning Commission Regular
Meeting
Tuesday, June 27, 2023
6:30 PM
City Council Chambers, City Hall
1. CALL TO ORDER/PLEDGE OF ALLEGIANCE
2. ADDITIONS TO AGENDA
3. AUDIENCE INPUT
4. CONSENT AGENDA
a. Minutes of the May 23, 2023 Regular Meeting Minutes
5. OLD BUSINESS
6. PUBLIC HEARINGS
a. Request by David & Kristin Kallaus for a variance to deviate from the property's
maximum allowed lot coverage to allow for a patio to be constructed on site.
7. NEW BUSINESS
8. DISCUSSION
9. ADJOURNMENT
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ROSEMOUNT PLANNING COMMISSION
REGULAR MEETING PROCEEDINGS
MAY 23, 2023
CALL TO ORDER/PLEDGE OF ALLEGIANCE
Pursuant to due call and notice thereof, a regular meeting of the Rosemount Planning
Commission was held on Tuesday, May 23, 2023, at 6:30 PM in Rosemount Council Chambers
2875 145th Street West.
Chair Kenninger called the meeting to order with Commissioners Reed, Powell, Whitman,
Hebert and Rivera in attendance. Commissioner Thiagarajan was absent.
Staff present included the following; Senior Planner Nemcek, Community Development
Director Kienberger, and Community Development Technician Rooney.
The Pledge of Allegiance was said.
ADDITIONS TO AGENDA
No additions are being made to the agenda by City staff. However, Senior Planner Nemcek
recommended moving the Discussion section after New Business.
Chair Kenninger noted the request.
AUDIENCE INPUT
None.
CONSENT AGENDA
Commissioner Whitman suggested changes to the April 25, 2023 Meeting Minutes. The April
25, 2023 Meeting Minutes were pulled from the Consent Agenda.
Motion by Kenninger. Second by Reed.
Motion to pull the April 25, 2023 Meeting Minutes.
Ayes: 6.
Nays: None. Motion Carried.
a. Minutes of the April 25, 2023 Regular Meeting
Commissioner Whitman shared his modifications to the April 25, 2023 Meeting
Minutes. Redlined minutes to include his modifications.
Motion by Kenninger. Second by Powell.
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Motion to approve the modifications.
Ayes: 6.
Nays: None. Motion Carried.
b. Request by Schafer Richardson for approval of a Final Plat to Construct Two Multi-Family
Buildings
PUBLIC HEARINGS
a. Request by New Horizon Academy for a Site Plan Review
Senior Planner Nemcek shared an overview of the Site Plan Review for New Horizons, a
childcare center proposed on the Northeast corner of the County Road 42 and Business
Parkway intersection.
Chair Kenninger asked if parking was permitted on 149th Street West. Senior
Planner Nemcek could not verify.
Chair Kenninger asked about the brick facade along County Road 42 and Business
Parkway. Chair Kenninger noted she would like to recommend more brick on the
sides of the building that face those roadways.
Commissioner Reed asked if there were any fencing requirements around the playground
adjacent to County Road 42.
Senior Nemcek stated the dimensions and style of the fence proposed on site.
Commissioner Reed inquired about City Ordinances in regard to the strength or materials
for the fencing described by City Staff.
Senior Planner Nemcek noted it would be up to the Building Code.
Chair Kenninger inquired about the property line for the New Horizion’s site.
Senior Planner Nemcek provided clarification on the property line and the setbacks from
County Road 42.
Commissioner Reed requested clarification on the distance and setbacks on site. Chair
Kenninger inquired about the boundary line.
Senior Planner Nemcek noted there is no required setback for fencing.
Chair Kenninger inquired about the exact distance from County Road 42 and the
boundary line for the site.
Senior Planner Nemcek could not verify it.
Commissioner Whitman requested clarification on the setback.
Senior Planner Nemcek noted the setback was from the right of way to the structure.
Commissioner Whitman noted the landscaping requirements for the parking lot area.
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Commissioner Whitman asked if the applicant was content with the in-leu-park fee.
Senior Planner Nemcek differed to the application, but noted that there were no parks
anticipated for the site and that cash would be dedicated instead of land.
Commissioner Powell inquired about the adjacent pond capacity and which condition
would cover an expansion if needed.
Senior Planner Nemcek noted that Commissioner Powell may choose to add or amend
an additional recommendation for his concern.
Public Hearing opened at 6:51 pm.
Peter Helger
14 Pheasant Lane, North Oaks, MN 55127
Mr. Helger shared his excitement about the project. He addressed the stormwater
question from Commissioner Powell and mentioned that the site is expected to have
plenty of capacity to support the use. He also addressed Commissioner Whitman's
comment on landscaping. Mr. Helger noted the exterior materials comment by Chair
Kenninger, stating the amount of hard surface materials that will be used on site. He
then addressed the fencing and setback from the highway. He mentioned that he is
always concerned about proximity to roadways and his reasoning for the placement of
the playground. He noted that he distances from the edge of the road to the fence is
roughly fifty-five (55) feet. He restated the dimensions and style of the fence.
Commissioner Whitman inquired about the fencing.
Mr. Helger mentioned the reasoning for the type and style of the fence.
Commissioner Whitman inquired about the height of the fencing.
Mr. Helger further explained the reasoning for the height of the fence. Commissioner
Whitman commented that the fence is standard for this type of use.
Commissioner Whitman inquired about the park dedication fee.
Mr. Helger mentioned the applicant is within budget for the park dedication fee.
Mr. Helger mentioned the applicant may elect to move the trash enclosure.
Public Hearing closed at 6:59 pm.
Senior Planner Nemcek noted that the future expansion area is under the minimum
threshold to require a formal site plan review before the Planning Commission.
However, all the requirements of the Zoning Ordinance would still need to be met and
would be reviewed by City staff.
Commissioner Rivera shared her support for the Childcare Center.
Commissioner Reed noted it will be a big benefit to the community.
Chair Kenninger asked if Commissioner Powell was interested in adding a condition on
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the Engineering Memo.
Comment from Powell declined a need to do so.
Motion by Reed Second by Whitman.
Motion to approve a site plan review allowing New Horizon Academy to
construct a child care center at 2730 149th Street West, subject to the
following conditions:
1. Recording of the Rosewood Commons 2nd Addition Plat.
2. Council approval of the vacation of existing easements located within
the site.
3. If the proposed future expansion is constructed, a revised landscape
plan must be submitted prior to approval of any building permits.
4. The architectural elevations shall be updated to provide a minimum o
50% natural stone or brick.
5. A sign permit is required for any on-site signage.
6. Conformance with all comments contained in the engineer’s memo
dated May 2, 2023.
7. Payment of $19,710 in lieu of park land dedication, to be collected with
the building permit fee.
Ayes: 6.
Nays: None. Motion Carried.
Chair Kenninger noted that the item will not need to go forward to City Council.
NEW BUSINESS
None.
DISCUSSION
Senior Planner Nemcek mentioned Chair Kenninger's desire for a joint session between the City
Council and the Planning Commission in addition to a training session for the Planning
Commission.
Chair Kenninger mentioned that it would be good to do a joint meeting between the City
Council and the Planning Commission as there have been new additions to both the Council
and Commission. She mentioned that early fall might be a good timing for both the City Council
and the Planning Commission. Chair Kenninger also noted her interest in reviewing what is in
the purview of the Planning Commission and the roll of the Commissioners.
Community Development Coordinator Kienberger noted the City Administrator will coordinate
with City Council to organize a joint meeting.
Chair Kenninger reviewed the dates for the June, July, and August Planning Commission
Meetings.
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ADJOURNMENT
Meeting adjourned at 7:04 pm.
Respectfully submitted,
Riley Rooney
Community Development Technician
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EXECUTIVE SUMMARY
Planning Commission Regular Meeting: June 27, 2023
AGENDA ITEM: Request by David & Kristin Kallaus for a variance to
deviate from the property's maximum allowed lot
coverage to allow for a patio to be constructed on
site.
AGENDA SECTION:
PUBLIC HEARINGS
PREPARED BY: Julia Hogan, Planner AGENDA NO. 6.a.
ATTACHMENTS: Resolution , Site Location, Site Plan, Property
Survey, Applicants Narrative
APPROVED BY: AK
RECOMMENDED ACTION: Motion by the Board of Appeals and Adjustments to Adopt a Resolution
Approving a Variance from the R-1 PUD-Low Density Residential Planned Unit Development Standard
for the Property at 13200 Aulden Avenue from Thirty Five Percent (35%) to Forty Percent (40%).
BACKGROUND
Applicant and Owner: Daivd and Kristin Kallaus
Location: 13200 Aulden Ave
Area in Acres: 0.27 Acres
Comp Guide Plan Designation: LDR-Low Density Residential
Current Zoning: R1PUD-Low Density Residential Planned Unit
Development
The Planning Commission, acting as the Board of Appeals and Adjustments, is being asked to consider a
request by David and Kristin Kallaus for a variance from the maximum lot coverage standard to allow
for the construction of a 650-square foot patio and pizza oven in the rear yard of their property at
13200 Aulden Ave, located in the Bella Vista 3rd Addition subdivision. The applicant is requesting a
variance that would increase the allowed maximum lot coverage from the current 35% to 40%.
SUMMARY
The subject parcel is located north of Aulden Ave and directly west of the northern portion of
Horseshoe Lake and is located within the Bella Vista 3rd Addition subdivision. Bella Vista has a total of
seven additions with the 3rd addition’s final plat being approved by the City Council in April 2015. In
2016 the developer of Bella Vista came forward asking for a minor amendment to the Bella Vista
Planned Unit Development Agreement to increase the lot coverage allowed throughout the
development from the standard 30% to a tiered coverage of 40% for lots less than 11,250-square feet,
35% for lots between 11,250 and 15,000-square feet and 30% for lots greater than 15,000-square feet.
When the Bella Vista Planned Unit Development Master Development Plan request came forward to
the City in 2013 the developer requested a number deviations from the R-1-Low Density Residential
zoning district, but did not request an increase in lot coverage as the first phase of Bella Vista had deep
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lots due to the setbacks from Bacardi Avenue and the wetlands and trees on the north side of the
development so originally there were no concerns with the standard 30% lot coverage allowed per the
City’s code. The second phase of the development included many lots that were only 120 feet deep
due to acquisition of the areas surrounding the lake and wetlands for public purposes. This resulted in
lot coverage issues for a number of the lots within the second phase, so the amendment to increase
the lot coverage allowance throughout the development was requested by the developer and
approved by the City Council in 2016.
The square footage of the subject property is 11,875-square feet, which puts the property within the
35% lot coverage category. With how the southern portion of the lot is shaped the house had to be
constructed further back from the front property line, which resulted in needing a larger driveway to
accommodate that. The total impervious surface coverage that was approved with the building permit
for the property was 4,099-square foot or 34.5%. This leaves a total 57-square feet of impervious
surface coverage that could be added to the property, since the maximum lot coverage allowed on site
is 35%. The surrounding homes along Aulden Avenue fall into the 40% lot coverage category, which the
applicant is requesting to increase their lot coverage to that amount. The applicant is proposing a 650-
square foot patio addition that would be constructed in their rear yard located under, north and east
of their existing deck. This addition would put their property at around 40%, which is consistent with
the surrounding area.
As with all public hearings, notices were sent to the owners of all properties within the code-required
radius of the subject parcel. Staff has received no comments regarding this variance request and finds
that the request meets the standards for issuing a variance, and therefore recommends approval of
the request for a variance from the maximum lot coverage standard of the R-1 PUD-Low Density
Residential Planned Unit Development zoning district. Those standards and staff’s findings are listed
below.
ISSUE ANALYSIS
Variance Standards
According to Section 11-12-2.G, there are five criteria for the Board of Appeals and Adjustments to
review when considering a variance request. The five criteria used to assess each request along with
staff’s findings for each are listed below. While weighing a variance request against these criteria,
there are also two key issues to consider. The first is whether the variance request allows for
reasonable use of the property. The second is whether the project can be redesigned to eliminate or
reduce the need for a variance. The Board of Zoning Appeals must approve or deny each request
based on findings related to each of the five standards.
1. The variance request is in harmony with the purposes and intent of the ordinance.
Finding: Staff finds that the request is in harmony with the purposes and intent of the ordinance.
Patios are allowed within the R-1 PUD zoning district and the Bella Vista Planned Unit Development
Agreement allows for certain properties to have up to 40% lot coverage.
2. The variance request is consistent with the Comprehensive Plan.
Finding: The site is designated as Low Density Residential. The variance request is consistent with that
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designation.
3. The property owner proposes to use the property in a reasonable manner.
Finding: The variance permits the homeowners to use the property in a reasonable manner that is
consistent with many others in the R-1 PUD zoning district.
4. There are unique circumstances to the property which are not created by the landowner.
Finding: Staff finds that there are unique circumstances to the property. The southern portion of the
lot is shaped at an angle due to the location of the natural gas pipeline and pipeline easement, which is
a reason why the house had to be set further back on the property. Due to the house being set further
back from the front property line, a larger driveway was needed and ultimately added to the total lot
coverage calculation.
5. Granting of the variance does not alter the essential character of the locality.
Finding: The essential character of the locality would not be altered by granting the variance. Many
other properties in the vicinity are allowed to have up to 40% lot coverage and many have patios as
well. Variances were not needed in those instances due to the ability to add additional impervious
surface coverage to the property.
RECOMMENDATION
Staff is recommending approval of the variance request by the Board of Appeals and Adjustments
based on the information contained in this report and provided by the applicant.
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1
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION BA2023-01
A RESOLUTION APPROVING A VARIANCE FROM THE R-1 PUD-LOW DENSITY
RESIDENTIAL PLANNED UNIT DEVELOPMENT MAXIMUM LOT COVERAGE
STANDARD FOR THE PROPERTY AT 13200 AULDEN AVENUE FROM THIRTY
FIVE PERCENT (35%) TO FORTY PERCENT (40%)
WHEREAS, David & Kristin Kallaus (the “Applicant”) has submitted an application to the City
Rosemount (the “City”) for a variance from the R-1 PUD-Low Density Residential Planned Unit
Development maximum lot coverage standard for the property at 13200 Aulden Avenue from thirty
five percent (35%) to forty percent (40%); and
WHEREAS, notice has been published, mailed and posted pursuant to the Rosemount Zoning
Ordinance, Section 11-12-2; and
WHEREAS, the Rosemount Board of Appeals and Adjustments held a public hearing for a
variance from the 35% maximum lot coverage standard to 40% on June 27, 2023; and
NOW, THEREFORE, based on the testimony elicited and information received, the Rosemount
Board of Appeals and Adjustments makes the following:
FINDINGS
1. That the procedures for obtaining said Variance are found in the Rosemount Zoning
Ordinance, Section 11-12-2.
2. That all the submission requirements of said Section 11-12-2 have been met by the
Applicant.
3. That the proposed Variance will allow for the construction of a patio at 13200 Aulden
Avenue because it would put the property over its maximum allowed lot coverage required
by the Zoning Ordinance.
4. That the Variance will be located on property legally described as follows: Lot 8, Block 3,
BELLA VISTA 3RD ADDITION, Dakota County, Minnesota
5. That the request is in harmony with the purposes and intent of the ordinance. Patios are
allowed within the R-1 PUD zoning district and the Bella Vista Planned Unit Development
Agreement allows for certain properties to have up to 40% lot coverage.
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2
6. That the site is designated for Low Density Residential. The variance request is consistent
with that designation.
7. That the variance permits the homeowners to use the property in a reasonable manner that
is consistent with many others in the R-1 PUD zoning district.
8. That there are unique circumstances to the property. The southern portion of the lot is
shaped at an angle due to the location of the natural gas pipeline and pipeline easement,
which is a reason why the house had to be set further back on the property. Due to the
house being set further back from the front property line, a larger driveway was needed and
ultimately added to the total lot coverage calculation.
9. That the essential character of the locality would not be altered by granting the variance.
Many other properties in the vicinity are allowed to have up to 40% lot coverage and many
have patios as well. Variances were not needed in those instances due to the ability to add
additional impervious surface coverage to the property.
CONCLUSIONS AND DECISION
Based on the foregoing, the Applicant’s application for a Variance is granted.
Passed and duly adopted this 27th day of June 2023, by the Board of Appeals and Adjustments of the
City of Rosemount, Minnesota.
__________________________________
Melissa Kenninger, Chair
ATTEST:
________________________________
Riley Rooney,
Community Development Technician
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