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HomeMy WebLinkAbout2022/10/12 - ADMIN - Agenda Packets - Planning Commission - Study SessionBoard of zoning appeals and planning commission study session October 12, 2022 6:00 p.m. If you need special accommodations or have questions about the meeting, please call Sean Walther at 952.924.2574 or the administration department at 952.924.2525. Board of zoning appeals and planning commission study session The St. Louis Park board of zoning appeals and planning commission study session is in person at St. Louis Park City Hall, 5005 Minnetonka Blvd., in accordance with the most recent COVID-19 guidelines. Visit bit.ly/slppcagendas to view the agenda and reports. You can provide comment on agenda items in person at the board of zoning appeals and planning commission meeting or by emailing your comments to info@stlouispark.org by noon the day of the meeting. Comments must be related to an item on the meeting agenda. The city recognizes the value of the call-in opportunity to provide access to those who can’t attend meetings in person and is working on a reliable solution. Agenda St. Louis Park City Hall – Community Room BOARD OF ZONING APPEALS (BOZA) 1. Call to order – roll call 2. Approval of minutes – July 6, 2022 3. Hearings 3a. Request for side yard variance at 2830 Inglewood Avenue South Applicant: Nick Stastny Case No.: 22-25-VAR 4. Other Business 5. Communications 6. Adjournment PLANNING COMMISSION STUDY SESSION 1. Update on Zoning Code Audit Future scheduled meeting/event dates: October 19, 2022 – planning commission study session November 2, 2022 – planning commission regular meeting November 16, 2022 – planning commission regular meeting December 7, 2022 – planning commission regular meeting 1 2 Board of zoning appeals July 6, 2022 6:00 p.m. If you need special accommodations or have questions about the meeting, please call Sean Walther or the administration department at 952.924.2525. Board of zoning appeals Members Present: Jim Beneke, Matt Eckholm, Jessica Kraft, Michael Salzer, Tom Weber, Jan Youngquist Members Absent: Mia Divecha Staff Present: Sean Walther, senior planner; Gary Morrison, zoning administrator Guests: Ben Ptacek, architect, DJR Architects; Jeremy Exley, applicant, Web Development 1. Call to order – roll call 2. Approval of minutes – June 15, 2022 Commissioner Eckholm made a motion, seconded by Commissioner Salzer, to approve the minutes as presented. The motion passed 6-0. Commissioner Divecha absent. 3. Hearings - none 4. Other Business 4a. Variances for 2625 Louisiana Ave. S. Applicant: Web Development, LLC Case No: 22-16-VAR Mr. Walther presented the application. At the June 15, 2022 meeting, the public hearing was held and closed. The item was tabled in order to obtain more information related to stormwater management and retaining wall construction details. Commissioner Salzer asked where move-in vehicles will be moving in and out in the driveway or parking lot area. Mr. Exley stated ultimately the parking spots running east and west would be closed or those in the southeast corner would be closed temporarily on move-in times. Commissioner Salzer asked about how emergency vehicles would get in and out of the parking lot. Mr. Exley stated they would be in front from the street and spots on the side would be used for commercial uses, so emergency vehicles could park there , as well. He noted the main front entrance location. 3 Commissioner Eckholm stated the drive aisles should be adequate width for most emergency vehicles since there are 11-foot drive lanes allowed on streets. Commissioner Salzer agreed and noted larger trucks or SUVs may be a bit more problematic for maneuvering in and out. Commissioner Weber made a motion, seconded by Commissioner Youngquist to approve the lot line coverage variance based on the findings and conditions of approval in the draft resolution. The motion passed 6-0 (Commissioner Divecha absent). Commissioner Weber made a motion, seconded by Commission Eckholm to approve the parking lot drive aisle width based on the findings and conditions of approval in the draft resolution. The motion passed 5-1 (Commissioner Divecha absent, Commissioner Salzer opposed). Commissioner Weber made a motion, seconded by Commissioner Kraft to deny the balcony encroachment based on the findings in the draft resolution. The motion passed 6-0 (Commissioner Divecha absent). Mr. Walther stated the action of the BOZA is final but not effective until the appeal period ends. An appeal to the city council may be filed with the city within 10 calendar days of the decision . 5. Communications - none 6. Adjournment The meeting was adjourned at 6:16 p.m. ______________________________________ ______________________________________ Gary Morrison, liaison Jim Beneke, chair member 4 Board of zoning appeals: Regular meeting Meeting date: October 12, 2022 Agenda item: 3a 3a Request for side yard variance at 2830 Inglewood Ave. S. Location: 2830 Inglewood Ave. S. Case Number: 22-25-VAR Applicant: Nick Stastny Owner: William and Farrel Braunstein Review Deadline: 60 days: November 8, 2022 120 days: January 7, 2023 Recommended motions: Chair to open the public hearing, take testimony and close the hearing. Motion to recommend approval of the variance to allow a 3-foot, 10- inch side yard instead of the required 5-foot, 8-inch side yard for the construction of an addition to the existing garage. Request: Applicant, Nick Stasny , is the builder acting on behalf of the property owners and is requests approval of a variance to allow a garage addition to be constructed with a three -foot, 10-inch side yard instead of the required five -foot, eight-inch side yard. Summary of request: The applicant requests a variance from section 36-163(f)(7) which requires a greater setback for side walls that exceed 40 feet in total length. This code section requires two inches be added to the side yard requirement for every one foot the sidewall exceeds 40 feet in length. The existing side yard is three -feet, 10-inches. The property is zoned R-1 single -family residential, and city code requires a 6.0-foot minimum side yard in this district. The length of the sidewall, including the proposed addition, will be 51 feet, eight inches. This requires an additional 22 inches be added to the existing three -foot, 10-inch side yard for the proposed garage. The applicant, however, is asking that the proposed garage be constructed at the existing three -foot, 10-inch side yard. This request requires approval of a variance to allow a three -foot, 10-inch side yard instead of the required five -foot, eight -inch side yard. The request for the variance is precipitated by mobility needs of the homeowner as described in the attached letters. The city of St. Louis Park strives to meet the physical needs of residents. When considering variances, the city needs to consider the impact on adjacent properties, reasonableness of the request and if there are other alternatives that meet code. Site information: Site area: 9,161 square feet Zoning: R-1 Single -family residential 5 Regular meeting meeting of October 12, 2022 (Item No. 3a) Title: Request for side yard variance at 2 830 Inglewood Ave S . Present considerations: The subject property is improved with a single -family home that was constructed in 1941. It is a two-story home with approximately 3,924 s quare feet of living area. The garage is a one -car garage with 252 s quare f eet of area. The Braunsteins purchased the home in August of 2021 with the intent of remodeling it to meet their accessibility needs. Farrel Braunstein has physical limitations as outlined in the attached letters. These limitations result from various surgeries she underwent over the past five years. The letters state that persons with these injuries are at risk of incurring additional similar injuries in the future. The Braunsteins desire to prepare their new home for the possibility of further decline in mobility. The applicant and Braunsteins met with Gary Morrison, zoning administrator, in March of 2022 to review plans to expand a powder room into the garage to make it more easily accessible. This plan required a variance to allow the garage to be extended forward to make room for the powder room expansion. They were encouraged to pursue a design that did not require a variance. In April, revisions were made to the plans and presented to Mr. Morrison. The revisions continued to show a powder room expansion into the garage, requiring the variance for the garage to be extended to the front. Mr. Morrison continued to encourage them to find an option that did not require a variance as it would be difficult to justify a variance to expand the garage when the expansion is the result of a proposed powder room expansion into the existing garage. 6 Regular meeting meeting of October 12, 2022 (Item No. 3a) Title: Request for side yard variance at 2 830 Inglewood Ave S . A building permit was issued in July of 2022 for a remodel and addition to the front of the house. The addition adds an additional 400 square feet for a total of approximately 4,324 square feet of living area. The addition adds approximately 156 square feet of area to both the basement and ground floor and 87 square f eet to the second level. This building permit did not include the garage expansion. The addition/remodel, pictured below, remove s a covered porch on the front of the house to make room for a walk-in closet and foyer on the ground floor, closet and hallway in the basement, and a hallway on the second floor. It also includes an elevator that provides access to all three floors. The p roject also includes expanding the powder room into the existing garage by adding a shower, relocating the door from the front of the house by the garage to inside the garage, and building a ramp inside the garage to provide handicap accessible access to the house. 7 Regular meeting meeting of October 12, 2022 (Item No. 3a) Title: Request for side yard variance at 2 830 Inglewood Ave S . In August, the applicant met with Mr. Morrison to present plans for the variance application to extend the garage. This application includes the attached plans (excerpt below) that show the powder room expanded into the garage with the addition of a shower, and the addition of a ramp within the garage to gain entrance into the house through the new doorway into the house from the garage. If the variance is approved, then they would proceed with the second phase of their project by constructing an extension to the front of the existing garage to accommodate a vehicle and ramp to the new door from the garage to the house. 8 Regular meeting meeting of October 12, 2022 (Item No. 3a) Title: Request for side yard variance at 2 830 Inglewood Ave S . VARIANCE ANALYSIS The applicant proposes to construct a garage extension at the three -foot, 10-inch setback instead of the required five -foot, eight -inch side yard. The additional side yard is required as a result of the length of the side wall as described below. The applicant requests a variance from section 36-163(f)(7) which states: The width of the side yard abutting a building wall shall be increased two inches for each foot the length of the wall of the building exceeds 40 feet. For the purpose of subsection (f) of this section, a wall includes any building wall within ten degrees of being parallel to and abutting the side lot line of a lot. The proposed addition will result in a total side wall of 51 feet, eight inches, which is 11 feet, eight inches over the 40 feet maximum allowed at the minimum side yard. Therefore, an additional 22 inches is required to be added to the side yard. The existing side yard for the house is three feet, 10 inches. The additional 22 inches brings the total required side yard for the proposed garage extension to five feet, eight inches. The existing house has a side wall that is approximately 43 feet long, two-stories tall, and is located three -feet, 10-inches from the side lot line. The side wall length is legally non - conforming, meaning it was approved prior to the code requirement. Legal non-conformities are common in St. Louis Park and by state law are allowed to continue but can’t be expanded. The proposed variance would remove the non-conforming status for both the existing and proposed wall subject to the conditions of the variance. The house is located three -feet, 10-inches from the side lot line. The required side yard minimum for the R-1 single -family residence district is six feet. This house does not meet the side yard requirement. Many houses in St. Louis Park do not meet the side yard requirements, however, so the city has adopted a code allowing additions to these homes as long as they do not encroach further into the side yard and meet all other code requirements, such as the additional setback required by longer walls, as noted above. Findings: As required by city code, the board of zoning appeals (BOZA) considers the following prior to ruling on a variance. City s taff provided an analysis of each point below. The applicant submitted a letter explaining the need for the variance along with letters from a physical therapist and doctor to support their request. The letters are attached to this staff report. 1. The effect of the proposed variance upon the health, safety, and welfare of the community. The city of St. Louis Park strives to meet the needs of residents and businesses. Meeting ADA accessibility is one way the city can meet these needs, including by granting variances that are reasonable and have minimal impact on adjacent properties. If the variance is granted, then staff recommends the portion of the wall that is proposed to be one -story be limited to one story as a condition of approval. This would meet the mobility needs while limiting the potential impact of future vertical additions on the adjacent property. 9 Regular meeting meeting of October 12, 2022 (Item No. 3a) Title: Request for side yard variance at 2 830 Inglewood Ave S . 2. Whether or not the request is in harmony with the general purposes and intent of the Zoning Ordinance. The intent of the code provision is to: 1. Limit the impact long walls have on the adjacent properties. The impact includes casting shadows that limit light exposure to back yards and windows on the neighboring house. 2. Preserve sense of open space by limiting the size or bulk. of structures located within close proximity to side lot lines. As noted above, the variance is needed to provide access to the home from the garage for a homeowner that has limited mobility. Staff believes this can be accomplished in such a way that meets the intent of the code by including a condition of approval that limits the height of the proposed expansion to one story. That way a second story addition can’t be constructed over the proposed section of garage, further shadowing the property to the north. 3. Whether or not the request is consistent with the Comprehensive Plan. The Comprehensive Plan identifies the land use of this site as RL – Low Density Residential, which allows single -family homes. The existing single -family home use is consistent with the comprehensive plan. 4. Whether or not the applicant establishes that there are practical difficulties in complying with the Zoning Ordinance. Practical difficulty means: a. The proposed use is permitted in the zoning district in which the land is located. A variance can be requested for dimensional items only. Single -family homes are permitted in the R-1 Single -Family Residence district, and the requested variance is for a side yard, which is a dimensional item. b. The plight of the landowner is due to circumstances unique to the property and not created by the landowner. Being limited to a 40-foot-long side wall at the minimum side yard requirement is a code requirement applicable to all single -family residence . Additionally, one -car garages are common for the neighborhood and older homes such as this elsewhere in the city. The homeowner provided a letter from a physical therapist and a doctor stating the homeowner has mobility issues that may become worse with time , see attached letters. Therefore, the homeowner is requesting a variance to install a ramp inside the garage. Her health condition is a situation that is beyond her control. There are, however, a couple items to consider that were created by the homeowner. The homeowner purchase d this home in 2021 knowing the home would have to be modified to meet her accessibility needs, and without talking to the city about the proposed modifications to the garage. Another situation created by the homeowner is that the home used to have a doorway into the house that was located just outside the garage. The homeowner recently eliminated that door and constructed a new doorway inside the garage making it difficult to gain ramp access to the house without the requested variance . 10 Regular meeting meeting of October 12, 2022 (Item No. 3a) Title: Request for side yard variance at 2 830 Inglewood Ave S . c. The variance, if granted, will not alter the essential character of the locality. The property will continue to be used as a single -family home, which is the essential character of the area. The impact of the longer wall is not easily visible from the street and therefore, doesn’t impact the character of the neighborhood. d. Economic considerations alone do not constitute practical difficulties. Economic considerations are not considered as part of this application. e. Practical difficulties include inadequate access to direct sunlight for solar energy systems. Staff is recommending that the variance be approved with the condition that the extension be limited to one story. The one -story addition will not cast shadows on the neighbor’s rooftop, and therefore, will not impact reasonable access to solar. 5. Whether or not there are circumstances unique to the shape, topography, water conditions, or other physical conditions of the property. The property is 1,961 square feet in area, which exceeds the 9,000 square foot minimum lot size requirement. It is rectangular and flat. While there is nothing unique about the lot that contributes to the difficulty, the house was constructed three feet, 10 inches from the side lot line, which is less than the six -foot minimum required by code. The house also was constructed with a small one -car garage. The small size of the garage and the short distance to the side lot line limits the ability to accommodate access to the house from the garage for persons with limited mobility . The garage cannot be widened without further decreasing the distance from the side lot line. Despite the limitations of the house as mentioned above, the proposal requires only one variance , the requested variance to the side yard due to the length of the proposed side wall. 6. Whether or not the granting of the variance is necessary for the preservation and enjoyment of a substantial property right. The variance is needed to provide sheltered access from the garage to the house for a homeowner with limited mobility. Without the variance, the homeowner would have to build a ramp in the front yard to provide access to the front door. The ramp would have to be sufficient in size to overcome one step at the front door. 7. Whether or not the granting of the variance will impair light and air to the surrounding properties, unreasonably increase congestion, increase the danger of fire, or endanger public safety. The granting of this variance will result in a side wall that is 51 feet long located three feet, 10 inches from the side lot line. The requested variance is along the north side lot line and will cast shadows onto the neighboring property. Approving the variance with the condition that a second story cannot be constructed over the proposed garage extension will limit the impact on the adjacent property. 8. Whether or not the granting of the variance will merely serve as a convenience or is it necessary to alleviate a practical difficulty. The requested variance is to provide access into the home within the shelter of the attached garage. If the variance is not granted, access to 11 Regular meeting meeting of October 12, 2022 (Item No. 3a) Title: Request for side yard variance at 2 830 Inglewood Ave S . the home could be achieved by constructing a small ramp in the front yard that would be sufficient to get past the one step at the front stoop. City code allows open covered porches in the front yard, so a covered porch could be constructed over the ramp and sidewalk leading from the driveway to the front door to provide shelter from rain and snow. Recommendation: Staff recommends approval of the attached resolution granting a variance to allow a three -foot, 10-inch side yard for an extension to the front of the garage with the following conditions: 1. The variance is approved to construct the garage extension as illustrated in the exhibits, which are adopted into this Resolution and made a part of this approval. Exhibit A – e levations, e xhibit B – floor plan, exhibit C – site plan. 2. The garage extension is limited to on e-story. A second story cannot be constructed over the portion of the garage extending in front of the second story currently constructed over the garage. 3. Construction of the garage extension must begin within two years of the approval of the variance. The variance is considered abandoned and cancelled if construction does not begin within two years of approval of the variance. 4. The variance is considered abandoned and cancelled if the garage extension is removed. Supporting documents: Draft Resolution; letter from applicant; medical letters; exhibits. Prepared by: Gary Morrison, zoning administrator Reviewed by: Sean Walther, planning and zoning manager 12 Regular meeting meeting of October 12, 2022 (Item No. 3a) Title: Request for side yard variance at 2 830 Inglewood Ave S . DRAFT BOZA Resolution No. _____ Resolution approving a variance to allow a three-foot, 10-inch side yard instead of the required five feet, eight inches for an extension of the attached garage at 2830 Inglewood Avenue South Whereas, On September 9, 2022, Nick Stastny, representing homeowners William and Farrel Braunstein, applied for a variance from the requirements of the Zoning Ordinance Section 36-163(f)(7) to allow a three -foot, ten-inch side yard instead of the required five feet, eight inches. The additional side yard is required due to the length of the side wall which requires an additional two inches be added to the existing side yard for each foot the side wall exceeds 40 feet in length. Whereas, The property is located at 2830 Inglewood Ave. S. and described below as follows, to wit: Lot 8 and the north 13 feet of Lot 9, Block 5, Sunset Gables Second Division, Hennepin County, Minnesota. Whereas, The property is zoned R-1 single -family residence . Whereas, The Board of Zoning Appeals held a public hearing and reviewed the application for variance Case No. 22-25-VAR on October 12, 2022. Whereas, Based on the testimony, evidence presented, and files and records, the Board of Zoning Appeals has determined that the requested variance meets the requirements of Section 36-34(a)(2) of the zoning ordinance necessary to be met for the Board of Zoning Appeals to grant variances, and makes the following findings: a. The variance will not have an adverse effect on the health, safety, and welfare of the community. The variance is conditioned on the requested extension being limited to one-story to minimize potential impact on the neighboring property. b. The requested variance is in harmony with the general purposes and intent of the Zoning Ordinance. The intent of the code is met by including a condition of approval that limits the height of the proposed expansion to one story to limit the potential impact on the property to the north. c. The Comprehensive Plan designates the land use of this site as RL- low density residential. Single -family homes are consistent with this designation. d. The applicant has established a practical difficulty in complying with the Zoning Ordinance with the following: 1. Single -family homes are permitted in the R-1 single -family residence zoning district. 2. The existing one -car garage is located three feet, ten inches from the side lot line making it impossible to widen the garage to meet the mobility needs. 13 Regular meeting meeting of October 12, 2022 (Item No. 3a) Title: Request for side yard variance at 2 830 Inglewood Ave S . Therefore, an extension to the front of the garage is necessary to provide the sheltered access to the home. 3. The essential character of the site and the surrounding area would not be altered if this variance were granted 4. Economic considerations are not considered as part of this application. e. There are no factors related to the lot that contributes to the difficulty, however, the existing garage is small and located three -feet, ten-inches from the side lot line making it difficu lt to widen the garage to meet the needs. f. The variance is needed for the preservation of a substantial property right. It is needed to provide sheltered access from the garage to the house for a homeowner with limited mobility. g. The granting of this variance will not unreasonably impair light and air to the neighboring property because the addition is limited to one -story. h. The requested variance is necessary to alleviate a practical difficulty. It is needed to provide access into the home within the shelter of the attached garage. i. The contents of the Board of Zoning Appeals Case File 22-25-VAR are hereby entered into and made part of the public hearing record and the record of decision for this case. Now therefore be it resolved by the Board of Zoning Appeals of St. Louis Park, Minnesota, that the requested variance to construct a one-story extension to the front of the existing attached garage at 2830 Inglewood Ave S is hereby approved with the following conditions: 1. The variance is approved to construct the garage extension as illustrated in the exhibits, which are adopted into this Resolution and made a part of this approval. Exhibit A – elevations, exhibit B – floor plan, exhibit C – site plan. 2. The garage extension is limited to one -story. A second story cannot be constructed over the portion of the garage extending in front of the second story currently constructed over the garage. 3. Construction of the garage extension must begin within two years of the approval of the variance. The variance is considered abandoned and cancelled if construction does not begin within two years of approval of the variance. 4. The variance is considered abandoned and cancelled if the garage extension is removed. Adopted by the Board of Zoning Appeals: October 12, 2022 Effective date: October 24, 2022 ______________________________ James Beneke, chair ATTEST: 14 Regular meeting meeting of October 12, 2022 (Item No. 3a) Title: Request for side yard variance at 2 830 Inglewood Ave S . _______________________________________ Gary Morrison, zoning administrator 15 August 16, 2022 The St. Louis Park Planning Commission 5005 Minnetonka Blvd. St. Louis Park, MN 55416 (952) 924-2574 Dear Commission members: We are writing to tell you about why we chose to buy our home and the circumstances surrounding our request for a variance so we can construct a wheelchair ramp in our garage to protect Mrs. Braunstein from the elements so she can safely enter into the house. When we purchased the house a year ago in August of 2021 her physical condition was far better than it is today and nobody expected her precipitous decline. We have been members of the community for 30 years since we bought and lived in our 3 bedroom home with 3 children, sharing bedrooms since 1992. We decided we needed a bigger home to accommodate our children, grandchildren and family when they come to visit, especially on holidays. So, when the larger home just 3 blocks away became available, we decided to enter a bid for it and were successful in being able to buy the house which we are making into our home. We have never built a home, remodeled anything; not so much as a closet and had no experience at all with how it is done or any regulations involved in the process. All we knew was we wanted a comfortable home where we could age in place and stay until we were gone. We had seen Nor-Son Builder signs around Saint Louis Park and heard about the superior work they had done so we engaged them to help us make our dream a reality to have a safe home for us to age in and also room for our children, grandchildren and family to visit. It’s really that simple, a safe environment to live in and age in place at. Most sincerely, Farrel and William Braunstein Farrel and William Braunstein 2830 Inglewood Av S Saint Louis Park, MN 55416 (952) 929-4085 landline Farrel.Braunstein@gmail.com WIBraunstein@yahoo.com Farrel and William B ra Most sincerely, 16 Due to the current physical disabilities of Mrs. Braunstein, our desire to age in place and remain in our beloved community to the end of our lives, we the applicants, are attempting to establish and demonstrate that there are practical difficulties in complying with the zoning ordinance. We understand that the proposed use is permitted in the zoning district in which the land is located. A single variance is being requested for dimensional items to allow for: a) The construction of a ramp to allow access from a vehicle parked in the garage that is NOT exposed to the elements directly into the domicile. The request is in line with the general purposes of the variance as no additional impervious space is being added. The extension of the Garage is being taken from the asphalt driveway and does not extend any further than the homeowner and neighbor’s front elevation. No alterations will be made to the comprehensive plan. Our plight, as the landowner, is due to circumstances unique to the property and was not created by the landowner. Mrs. Braunstein’s physical condition has deteriorated since the purchase of our new home just a few blocks away from our home of 30 years at 2531 Joppa Avenue South. Her ability to walk safely has decreased as well as her ability to climb stairs necessitating the additional space in the garage to allow for a ramp protected from the elements inside the garage for direct access to her domicile. We stipulate that the variance requested, if granted, will not alter the essential character of the locality and there are no economic considerations. The proposed extension of the garage will not protrude past the line of the front of the current building. The practical difficulties include inadequate access to direct safe access protected from the elements to the ramp and domicile from inside the garage that cannot be accomplished without the granting of the variance. The granting of this variance is necessary for the preservation and enjoyment of a substantial property right, the ability to be secure and to safely enter our home. The granting of the variance will have no impact on the light, air, congestion, increased fire damage or public safety for the surrounding properties. As stated previously the granting of the applied for variance will not merely serve as a convenience but is necessary to alleviate a very real practical and extreme difficulty; that of currently not being able to safely get into the domicile without being exposed to the harsh Minnesota weather extremes and concomitantly without the aid of a ramp directly into the safety of our home. 17 18 19 20 MyChart - Letters Name: Farrel R Braunstein I DOB: 12/24/ f MRN: I PCP: Bhavjot Kaur, M D Letter Details FAIRVIEW M HEALTH FAIRVIEW ORTHOPEDIC CLINIC MINNEAPOLIS 909 FULTON STREET SE 4TH FLOOR MINNEAPOLIS MN 55455-4800 Phone:612-672-7100 February 4, 2022 LETTER OF MEDICAL NECESSITY Patient: Farrel R Braunstein DOB: 12/24 MRN: Physician: POLLY, DAVID WAYNE. # Documentation Of Need for In Home Elevator and accommodation Patient has had 4 Spinal F usion Surgeries , 3 Hip Dislocations, 2 Joint Replacement Surgeries & Shoulder Surgery . She has significant Balance Issues , uses a cane & we have Concern fo r her Safety' While ambulating. A Certain percentage of Spinal Fusion patients Develop Recurrent Hip Dislocations & F arrel is in this category. She is at Risk for continued Recurrent Hip Dislocations. Thanks for your Consideration. Electronically signed by David Wayne Polly, MD ' Fax : 612-676-4027 21 Proposed Addition22 Proposed Addition23 Proposed Addition24 Excerpt of survey25 26 Planning commission: Study session Meeting date: October 12, 2022 Agenda item: 1 1 Update on Zoning Code Audit Recommended Action: No action at this time. Provide feedback to staff and consultants on the Zoning Code Audit findings thus far. Background: HKGi has been collaborating with city staff on the Zoning Code Audit. The audit was initiated by a staff workshop that identified the City’s needs for some zoning code updates, including reducing zoning code barriers to the development of a broader range of housing types in residential zoning districts, creating a new transit-oriented development (TOD) district, improving the zoning code’s structure /organization to improve usability of the code, and evaluating and refining the City’s form-based code (completed for LRT station areas but not adopted) for potential implementation and potential rezoning of LRT station areas and other focus areas. As a result of the workshop, it was determined that a two-part Zoning Code Audit should be completed to identify current zoning code issues, opportunities for improvements, and priorities for code updates. The two primary elements of the Zoning Code Audit are: • Overall zoning code structure and usability • The zoning code’s barriers to allowing a broad range of housing types HKGi will present the Zoning Code Audit’s analysis and findings at the upcoming planning commission meetings on October 12 and 19. The purpose of these two meetings is to share information with the planning commission about the code audit and invite planning commissioners’ questions and input. We will be presenting findings rather than recommendations. The planning commissioners’ inp ut will be incorporated into the code audit’s final summary of findings and priorities report. Based on the discussion and input at these two meetings, staff will determine if and when a follow -up meeting with the planning commission is needed. In any case , the Zoning Code Audit’s findings will be used as a tool for the staff, planning commission, and city council to prioritize future updates to the zoning code. Overview of October 12 Meeting Presentation - Zoning Code Structure Audit At the October 12 meeting, HKGi will present the Zoning Code Structure Audit. This element of the code audit is intended to provide an analysis of the overall structure of the zoning code and its usability. The current zoning code consists of six (6) articles within Chapter 36 of the City Code. Article I. In General (includes definitions) Article II. Administration and Enforcement Article III. General Provisions (includes a wide variety of detailed standards) Article IV. Zoning Districts Article V. Special Provisions (in cludes parking, signs, outdoor lighting, landscaping, etc.) Article VI. Nonconformities 27 Study session of October 12, 2022 (Item No. 1) Title: Update on Zoning Code Audit 2 The audit includes a full review of the zoning code’s six (6) articles and identifies findings related to each one . It is our understanding that the last full zoning code update occurred in 1992. St. Louis Park’s Zoning Code is a traditional use -based code meaning that the code’s structure is oriented toward separating different types of uses into districts (e.g. five residential districts, two commercial districts, f our employment districts). The sections within each article are essentially lists of regulations that have been assembled and updated incrementally over time. Based on our initial review, the zoning code seems to generally cover all the appropriate regulat ory areas with no major gaps identified. However, the code’s structure and content are outdated, redundant, excessive in length, not well organized, and challenging to use. The code audit also provides an analysis and findings of the structure of the zoning districts, including district purpose statements, how uses are defined, ways uses are allowed (e.g. permitted, permitted with conditions, conditional uses, etc.), and the definition and organization of standards. At the October 12 meeting, HKGi will also present our review of alternative zoning code types. This element of the code audit includes a high -level review of alternative code types that could inform updates to the St. Louis Park zoning code. The code audit compared the following code types: • Traditional/use-based (St. Louis Park’s current zoning code) • Form-based (includes the Smart Code) • Performance -based • Hybrid code • Unified d evelopment code City staff requested the above analysis to consider whether a different type of zoning code may more effectively advance the city’s strategic priorities and comprehensive plan goals and policies . Overview of October 19 Meeting Presentation - Housing Types Barriers Audit At the October 19 meeting, HKGI will present the Housing Types Barriers Audit. This element of the code audit will dive into how housing types are regulated in the current zoning code. The primary purpose of this audit is to identify zoning code barriers to development of a wider range of housing types. The analysis includes identifying opportunities to enable Missing Middle housing types, which includes medium density housing types between single -family housing and apartment buildings. In addition, the audit considers the potential for reducing/consolidating residential districts, the current zoning map and potential rezoning, simplification of confusing and complex development standards and processes. Experience with 28 Study session of October 12, 2022 (Item No. 1) Title: Update on Zoning Code Audit 3 and review of precedents from other cities’ zoning approaches related to housing will be part of the discussion. Additional background information will be provided in advance of the October 19 meeting. This presentation will include the following: • Identification of key housing types barriers • What is meant by a broad range of housing types? • 2040 Comprehensive Plan vision and goals • Analysis of housing types allowed today • Analysis of districts allowing housing development • St. Louis Park historical zoning context • Housing types barriers audit findings Next steps: The Housing Types Barriers Audit will presented at the October 19 planning commission meeting. The planning commission’s input from both meetings will be incorporated into the Zoning Code Audit summary report. Prepared by: Jeff Miller, HKGi Reviewed by: Sean Walther, planning and zoning manager 29 30