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PCM 5/20/20 FRIDLEY PLANNING COMMISSION – via Zoom WEDNESDAY, MAY 20, 2020 7:00 P.M. FRIDLEY CIVIC CAMPUS, COUNCIL CHAMBERS 7071 UNIVERSITY AVENUE N.E. MINUTES CALL TO ORDER Chairperson Kondrick called the Planning Commission Meeting to order at 7:05 p.m. ROLL CALL PRESENT:David Kondrick, Mark Hansen,Ryan Evanson,Brad Sielaff, and Terry McClellan ABSENT: Mike Heintz, and Leroy Oquist OTHERS PRESENT: Daniel Tienter, Director of Finance/City Treasurer/City Clerk Stacy Stromberg, Planning Manager Mark Krough, 6290 Highway 65 LLC APPROVE MINUTES March 18, 2020 Motion by Commissioner McClellan to approve the minutes. Seconded by Commissioner Evanson. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: 1. Consideration of a Variance, VAR #20-01, to reduce the front yard setback requirement from 80 ft. to 56 ft. to allow the construction of a Caribou Cabin coffeeshop, generally located at 6290 Hwy 65. MOTION by Commissioner Hansen to open the public hearing. Seconded by Commissioner McClellan. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:08 P.M. Stacy Stromberg, Planning Manager, stated the petitioner is 6290 Highway 65 LLC. This is the Planning Commission’s first variance. As they know at the end of last year, the Appeals Commission was abolished and now the Planning Commission hears variance. A variance is simply just a variation to a City Code requirement. Fridley Planning Commission Meeting May 20, 2020 Page 2 of 6 Ms. Stromberg stated this variance is related to a front yard setback and it is to reduce that from 80 feet to 56 feet to allow the construction of a Caribou Cabin. The vacant property is located at 6290 Highway 65. She presented an illustration of what the Caribou Cabin will look like and stated it is important to note the City already does have one of these Cabins being constructed in Fridley. It is at 8094 University Avenue which is formerly the Midas property. Ms. Stromberg stated the property is on West Highway 65 Service Drive, north of West Moore Lake Drive. It is zoned C-3, General Shopping, as are all surrounding properties. It was originally developed in 1958 with the construction of a gas station and a repair garage. That building was demolished in 2002, and this site has remained vacant since then. Ms. Stromberg presented an illustration of the site plan. She stated the Caribou Coffee Cabin concept has no interior seating. There is a drive-thru and a walk-up window to serve guests. There is also an outdoor patio with tables that will be used on site in the warmer months for people to enjoy their drinks. If they look at the site plan, the yellow highlighted box is where the building is going to be located. There is ample parking which will be used in combination with the Banquets of Minnesota that is located to the north. Also, they will see the location of the drive-thru and the ponding area. Ms. Stromberg stated this property, on its own, is not large enough to be developed. The petitioner is acquiring 18 feet to the north from Banquets of Minnesota to combine with this existing parcel. That plat request will come to the Planning Commission at a later date. Ms. Stromberg stated, the City Code does require an 80-foot front yard setback in the C- 3 zoning district; and the petitioner is asking to have that setback reduced to 56 feet. The 80-foot setback does provide a challenge for this property. Ms. Stromberg stated just to go over a little history related to the zoning, the first Zoning Map the City has on file is dated 1958. It shows the subject property zoned C2S which was characterized at that time as General Shopping District. The 1955 Zoning Code did not have a minimum front yard setback requirement. That might explain why the bowling alley or what is now Banquets of Minnesota is so close to the property line. In 1969 the Zoning Code was amended and required the 80-foot setback. Ms. Stromberg stated the properties to the south all have received variances for front yard setback reductions. The office condos to the south were granted a variance to 55 feet in 1985. The veterinarian clinic received a variance to 48 feet. That addition was never constructed, but the existing building is at 55 feet. The Miller Funeral Home has been Fridley Planning Commission Meeting May 20, 2020 Page 3 of 6 granted several variances in the past, and the most recent one was in 2001. That was to allow the building be set back 58 feet from front yard setback. Ms. Stromberg stated it’s unclear to current Planning staff why these properties on the corner of Highway 65 and West Moore Lake Drive were not zoned C-2, General Business, because it seems more fitting as that zoning district allows smaller lot sizes and reduced setbacks. They can see a copy of the existing Zoning Map on the screen and how all of those parcels are zoned C-3, but many of them are too small to meet the C-3 standards. They did consider having the petitioner rezone the property but, in order to do that, he would have to get all of the properties surrounding him to be involved in that rezoning as the City cannot just rezone one parcel. That can be quite a difficult process especially if the property owner does not see the value in a rezoning. Ms. Stromberg stated as a result staff recommended the petitioner apply for this variance to be aligned with the properties to the south. It will create a consistent site line along this section of the Highway 65 corridor. Ms. Stromberg stated in order to grant the variance, practical difficulties need to exist on the property. Practical difficulties are met based on five factors: 1. Is the variance in harmony with the purpose and intent of the ordinance? Answer: Yes, the proposed setback reduction is consistent with the neighboring properties and provides adequate area for greenspace and a patio with parking along the north side of the building. 2. Is the variance consistent with the Comprehensive Plan? Answer: Yes, it is. The 2020 Plan and the 2040 draft Plan guide this property as commercial. 3. Does the proposal put the property to a reasonable use? Answer: The proposed use as a commercial entity is a reasonable use. The front yard setback is reasonable given the neighborhood the property is located in and will create a consistent look along this corridor. 4. Are there unique circumstances to this property not created by the landowner? Answer: Yes. The zoning designation is unique for parcels of this size. 5. Will the variance if granted alter the essential character of the locality? Answer: No, the proposed project will not alter the character of the locality and will fit in nicely. Fridley Planning Commission Meeting May 20, 2020 Page 4 of 6 Ms. Stromberg stated staff recommends approval of the variance as practical difficulties do exist. Staff recommends approval based on the following stipulations: 1. The petitioner shall meet all requirements set forth by: a. The Building Code b. The Fire Code – including but not limited to hydrant location, weight restrictions on potential bridge to traverse wetland, signage for emergency vehicles c. The City’s Engineering department – including but not limited to grading, drainage, utilities plans, storm pond maintenance agreement, and utility connection fees d. The City’s Planning department – including but not limited to landscaping, lighting, and signage plans e. The Rice Creek Watershed District regulations 2. The petitioner is strongly encouraged to participate in Xcel Energy’s Energy Design Assistance program in order to identify energy and cost-saving strategies Chairperson Kondrick asked the petitioner if he understands the stipulations as presented? Mark Krough, 6290 Highway 65 LLC, replied, I do. Chairperson Kondrick asked the petitioner if he agrees with the stipulations as submitted? Mr. Krough replied, absolutely. Chairperson Kondrick asked the petitioner what about the second stipulation, that he is encouraged to get a hold of Xcel Energy to talk about how to conserve energy and make his building energy efficient, etc.? Mr. Krough replied, the tenant is Caribou Coffee and they will be paying the utilities. They will work with them on this. There will probably be some cost-savings to them. They have to work with Xcel on almost every one of their projects, so it will not be a big hurdle to jump through. Chairperson Kondrick asked the petitioner so he understands the benefits. Mr. Krough replied, absolutely. Commissioner Sielaff asked the Petitioner on the 18-foot section, they plan to purchase that property from the Banquets of Minnesota? Fridley Planning Commission Meeting May 20, 2020 Page 5 of 6 Mr. Krough replied, his business partner, Scott, owns Banquets of Minnesota so it was a pretty easy deal. Commissioner McClellan asked what are the typical operating hours? Mr. Krough replied, he does not know off the top of his head. They usually let their tenants run their own show. Coffee shops make 75 percent of their income in the morning, before noon. So probably 6 a.m. to 7 p.m. Commissioner Sielaff asked Ms. Stromberg, is this kind of unique in Fridley? Has this ever happened before as far as the zoning in trying to do what they are doing? Is this unprecedented? Ms. Stromberg replied, she would say it is not unprecedented. They have been other situations similar to this in the past where small parcels have a C-3 zoning. Similar situations have existed at Dunkin Donuts and where the Citgo gas station used to be. Ultimately staff would have liked to see a rezoning to C-2, but it is just more difficult when there are so many landowners involved. It just seemed easier to have the petitioner go through this process vs. the rezoning. Commissioner Evanson asked the petitioner whether he would be operating the coffee shop or is he just the property owner? Mr. Krough replied, yes, just the property owner. Caribous are all corporate stores. Chairperson Kondrick asked Mr. Tienter whether there were any people calling in or who want to talk about anything? Daniel Tienter, Director of Finance/City Treasurer/City Clerk, replied, they have not received any comments and no attendees are raising their hands. MOTION by Commissioner Sielaff to close the public hearing. Seconded by Commissioner Evanson. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:22 P.M. MOTION by Commissioner Hansen approving the Consideration of a Variance, VAR #20-01, to reduce the front yard setback requirement from 80 ft. to 56 ft. to allow the Fridley Planning Commission Meeting May 20, 2020 Page 6 of 6 construction of a Caribou Cabin coffeeshop, generally located at 6290 Hwy 65 with the following stipulations: 1. The petitioner shall meet all requirements set forth by: a. The Building Code b. The Fire Code – including but not limited to hydrant location, weight restrictions on potential bridge to traverse wetland, signage for emergency vehicles c. The City’s Engineering department – including but not limited to grading, drainage, utilities plans, storm pond maintenance agreement, and utility connection fees d. The City’s Planning department – including but not limited to landscaping, lighting, and signage plans e. The Rice Creek Watershed District regulations 2. The petitioner is strongly encouraged to participate in Xcel Energy’s Energy Design Assistance program in order to identify energy and cost-saving strategies Seconded by Commissioner McClellan. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: ADJOURN: MOTION by Commissioner Sielaff to adjourn the meeting. Seconded by Commissioner McClellan. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:26 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary