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HomeMy WebLinkAbout9C R-2 Text Amend 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: MARCH 14, 2016 AGENDA #: 9C PREPARED BY: PRESENTED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR DAN ROGNESS AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SUBSECTIONS: (1) 1101.503 YARD ENCROACHMENTS, (2) SUBSECTION 1102.506 R-2 DI- MENSIONAL STANDARDS, AND (3) SUBSECTION 1102.700 RESIDENTIAL PERFORMANCE STANDARDS DISCUSSION: Introduction The purpose of this agenda item is to consider a request by Winkler Land Com- pany and City staff to amend three sections of the Zoning Ordinance. These sections relate primarily to dimensional standards and setbacks for primary structures and accessory structures, as well as yard encroachments. Current Circumstances Winkler Land Company is considering the development of property in Prior Lake that would potentially be rezoned to R-2 Medium Density Residential. For single family lots in R-2, the following dimensional standards include: 1. Minimum lot area = 6,000 square feet 2. Minimum lot width = 60 feet 3. Minimum lot depth = 90 feet 4. Minimum front/rear setback = 25 feet 5. Minimum side yard setback = 10 feet (proposed to be 7.5 feet) Winkler is requesting an amendment to the side yard setback from a minimum of 10 feet to 7.5 feet. Other communities surveyed have varied setbacks for smaller lots, including: (1) Lakeville = 7 feet, (2) Savage = 12 feet both sides with a minimum of 5 feet on one side; and (3) Shakopee = 10 feet. In Prior Lake, a subdivision known as Meadow View north of Mystic Lake was platted as an R-2 development with some lots at 62 x 150 feet using the 10-feet side yard setbacks (see Attachment 3). In the Jeffers Pond PUD, the Enclave neighborhood was platted similar to an R-2 development with some lots at 50 x 110 feet using 7.5-feet side yard setbacks (see Attachment 3). Finally, existing non-conforming R-1 lots are allowed to have minimum 5-feet side yard setbacks with at least 15 feet between structures (i.e., 5’ on one side and 10’ on the other). Winkler, working with Lennar, is considering an R-2 subdivision in Prior Lake that would have many 65 x 100 feet lots. Most of their house “pads” for con- struction will be 50-feet wide, leaving 15 feet for the combined side yard setbacks (see diagram in Attachment 3). Using this example, City staff prefers to see 7.5- feet minimums on each side rather than the 15-feet total setback with a 5-feet 2 minimum; this helps assure adequate and equal drainage on all sides of single family homes. While addressing the proposed side yard amendment from 10 to 7.5 feet, other amendments are being proposed related to Dimensional Standards for the R-2 Use District (Subsection 1102.505): 1. Add a sentence that allows a minimum housing density of 2.0 - 4.0 units per acre when R-2 is located within an Urban Low Density (R-LD) land use of the Comprehensive Plan. This will allow R-2 to be used in R-LD areas without amending the Comprehensive Plan to Urban Medium Den- sity (R-MD). The City’s overall average minimum housing density is 3.0 units per acre. 2. Clarify the allowable setback for “side yards abutting a street”, which comes into play for corner lots. 3. Clarify language on what is allowed for a “break” in long walls over 60 feet. Winkler/Lennar will not have walls exceeding 60 feet, but this change is purely to clarify the wording. In addition, Winkler and City staff have worked together to clarify and improve Subsection 1101.503 related to “Yard Encroachments”. This section applies to all zoning districts rather than just to the R-2 Use District under discussion. How- ever, some changes directly related to the proposed amendment to side yard setbacks in the R-2 Use District from 10 to 7.5 feet. The overall intent of these changes is to allow certain encroachments into side yards as long as they don’t extend within 5 feet of the side lot line; that 5-foot area is typically a drainage and utility easement provided for on plats. Staff will further explain these proposed yard encroachment amendments at the council meeting. However, one proposal is not supported by City staff: Winkler/Lennar is proposing that residential air conditioning units be al- lowed to extend into the 5-feet side yard area reserved for no encroach- ments when elevated on platforms. These units extend between 3-4 feet beyond the house side wall. Assuming a 7.5-feet setback in R-2, their extension or encroachment goes another foot into that 5-feet set- back/easement area. Althought the platforms are becoming more stand- ard, staff wants to keep the 5-feet area clear of all encroachments. The AC platforms can be installed on the back side of the home. Finally, City staff is proposing a minor clarification amendment to Subsection 1102.700, Residential Performance Standards, related to detached structures. Currently, accessory structures may be located within five feet of any lot line abutting a “R” Use District. Since residential accessory structures also abut other commercial and industrial districts, the 5-feet setback should apply to any residential accessory structure whether or not it abuts a “R” Use District. Conclusion The City Attorney has reviewed all proposed amendments, including making some further edits in this final version. These proposed amendments are in- tended to create more flexibility for development within an R-2 Medium Density Residential Use District and to further clarify what is permitted as encroachments in all zoning districts. 3 ISSUES: Winker Development Company is the applicant for proposed amendments re- lated to the R-2 Use District and Yard Encroachments. City staff worked with them to arrive at amendments that were supported by both parties, whith the exception of the elevated AC units noted before. Staff is proposing the clarifica- tion amendment for residential accessory structures in Subsection 1102.700. Staff has been advised by various developer interests that we should expect more requests for smaller lots. One reason is the market shift to smaller and even entry level housing. The other reason is that one of the largest costs in home construction is the land. Allowing smaller lots will also help the city to achieve the kind of development densities set forth in our comprehensive plan and in THRIVE 2040. FINANCIAL IMPACT: No direct financial impact relates to the City; however, developers can work eas- ier on plats that have greater flexibility for setbacks and encroachments. ALTERNATIVES: 1. Motion and a second to approve an Ordinance amending Subsections 1101.503, 1102.506 and 1102.700 of the Prior Lake City Code related to Yard Encroachments, R-2 Dimensional Standards and Accessory Structure setbacks in Residential Performance Standards. 2. Motion and a second to approve a resolution approving the summary of the Ordinance and ordering the publication of said summary. 3. Motion and a second to deny the ordinance. 4. Motion and a second to table action and provide direction to staff and con- tinue discussion at a future specified meeting. RECOMMENDED MOTION: ATTACHMENTS: Alternatives #1 and #2. 1. Proposed amendments to Subsections 1102.505, 1101.503 and 1102.700 (MARKUP version). 2. Proposed amendments to Subsections 1102.505, 1101.503 and 1102.700 (CLEAN version). 3. Examples of existing platted lots in Prior Lake and a typical Lennar home plan. 4. Article in the Star Tribune on smaller residential lots. 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 116-xx AN ORDINANCE AMENDING SUBSECTIONS 1101.503, 1102.505 AND 1102.700 OF THE PRIOR LAKE CITY CODE RELATED TO YARD ENCROACHMENTS, R-2 DIMENSIONAL STANDARDS AND RESIDENTIAL PERFORMANCE STANDARDS AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS The City Council of the City of Prior Lake, Minnesota, does hereby ordain that: 1. Subsection 1101.503, Yard Encroachments, of the Prior Lake Zoning Ordinance is hereby deleted and replaced in its entirety with the following: Yard Encroachments. The following shall not be deemed encroachments on yard requirements unless located less than 5 feet from a lot line, within a drainage and utility easement, or in violation of regulations below or elsewhere in the City Code. (1) The following shall not be deemed encroachments on yard requirements: a. Appurtenances associated with a principal structure such as eaves, gutters, basement egress windows, balconies, bay windows (at least 18” above the corresponding floor level), fireplace bump- outs (no greater than 2 feet deep, 6 feet wide, and 10 feet high), and platforms meeting the definition in Subsection 1101.400. b. Yard lights and nameplate signs for one and two family dwellings in the R-1, R-2, and R-3 Districts. c. Floodlights or other sources of light illuminating authorized illuminated signs, parking areas, loading areas, or yards for safety and security purposes all of which must meet the regulations of Subsection 1107.1800. d. Flag poles, bird baths and other ornamental features detached from the principal building. e. Canopies no more than 12 feet wide are permitted in the "R-3", "C-1", "C-2", "C-3" and "I-1" Districts if they are open at the sides, comply with provisions of Subsection 1101.506 and provide 14 feet of clearance if located over any access roadway or fire lane. (2) The following shall not be deemed encroachments on front yard requirements: a. Awnings and door hoods which extend 5 feet or less into the required front yard. b. A vestibule which extends 5 feet or less into the required front yard under the following conditions:  The vestibule shall be designed, constructed and attached to the principal structure in compliance with the building code. 2  The vestibule shall be constructed of materials compatible with those of the principal structure which meet the requirements of Subsection 1107.2200.  The vestibule area, measured from the outside of the outside walls shall not exceed 30 square feet. c. Heating, ventilating and air conditioning equipment which extends less than 6 feet from the principal structure, is not more than 36 inches in height, and is screened from view. (3) The following shall not be deemed encroachments on side yard requirements, including side yards abutting streets: Eaves which extend no more than 6 inches into the required yard, gutters which extend no more than 12 inches into the required yard, heating, ventilating and air conditioning equipment, and recreational equipment meeting the requirements of Subsection 1102.700 of the City Code. Residential air conditioning equipment located on a cantilever-type bracket and extending less than 4 feet from the principal structure, may extend into the required yard up to the lot line. (4) The following shall not be deemed encroachments on rear yard requirements: Heating, ventilating and air conditioning equipment, compost bins, firewood storage, play structures, outdoor fire places and fire pits, and recreational equipment meeting the requirements of Subsection 1102.700 of the City Code. (5) New decks may not encroach into required yards. Decks not meeting the required setbacks may be replaced if the following criteria are met:  The deck existed on the date the structure setbacks were established;  The replacement deck is in the same size, configuration, location and elevation as the deck in existence at the time the structure setbacks were established;  The deck is constructed primarily of wood and is not roofed or screened; and  The existing deck is not located within an easement, right-of-way, or over a property line. (6) Items not listed in Subsection 1101.503 (1)-(8) that may be similar are subject to approval by the Zoning Administrator according to Subsection 1101.304 of this Ordinance. The provisions of Subsection 1101.503 (1)-(4) shall not apply to the lakeshore or bluff setbacks required in Section 1104 of the Zoning Ordinance. (7) Accessory structures are further regulated in Subsection 1102.700(8) of this Ordinance. 2. Subsection 1102.505, Dimensional Standards in the R-2, Medium Density Residential Use District, of the Prior Lake Zoning Ordinance is hereby deleted and replaced in its entirety with the following: Dimensional Standards. No structure shall exceed 3 stories or 35 feet in height, whichever is less, except as provided in Subsection 1101.508. The ground floor area ratio within the R -2 Use District shall not exceed 0.3. (1) The following minimum requirements and those additional requirements, exceptions and modifications contained in subsection (2) through (7) below, and in the Subdivision Ordinance, shall govern the use and development of lots in the R-2 District. 3 Land Use Lot Area (square feet) Lot Width (feet) Lot Depth (feet) Front Yard (feet) Rear Yard (feet) Side Yard (feet) Single Family 6,000 60 90 25 25 7.5 Two Family 12,000 75 120 25 25 10 Cluster Housing 30,000 100 200 25 25 10 Other Uses 15,000 100 150 25 25 10 (2) The minimum density for new developments in the R-2 Use District is 4.1 units per acre. The maximum density for new developments in the R-2 Use District is 7.0 units per acre. These densities shall be achieved utilizing the minimum lot area listed in Sub section 1102.505 (1). A new development may be allowed in an R-2 Use District within an area guided for Urban Low Density (R- LD) land use in the Comprehensive Land Use Plan, only with approval of the Zoning Administrator and only if the area to be rezoned R-2 but guided R-LD has a density that is between 2.0 and 4.0 units per acre. (3) The depth of the front yard of a lot shall be at least 25 feet. The depth of the required front yard may be reduced if the average depth of at least 2 existing front yar ds, for buildings within 150 feet along the same block front of the lot in question, is less than 25 feet. However, the depth of a front yard shall not be less than 20 feet. (4) Through lots shall have a required front yard on each street. Corner lots shall have front, side and rear yards that meet the required size for the applicable zoning district and a side yard abutting a street which is no less than 20 feet. (5) The width of the side yard setback abutting a building wall shall be increased 2 in ches for each foot the length of the building wall exceeds 60 feet. The additional setback will not be applied if there is a break in the building wall at least 1 foot deep and with a width equal to 10% of the entire length of the wall. For the purpose of this Subsection, a wall includes any building wall within 10 degrees of being parallel to and abutting the side lot line of a lot. (6) Side yard widths may be reduced if the side wall of a building is not parallel by more than 10 degrees with the side lot line, to permit the average depth of the side yard to conform to the minimum side yard depth in the District, but no side yard shall be less than 5 feet deep. No side yard shall be reduced to prevent construction of a driveway from the street into the rear of the lot unless a garage which has access from the street is located on the lot or an alley provides a secondary access to the rear yard of the lot. (7) A single family house which legally existed or for which a valid building permit had been gra nted on or before the effective date of this Ordinance, may be expanded by an addition or dormer, provided the addition does not extend into the existing side yard, and provided the combined width of the side yard for the building and the adjacent building is not less than 15 feet. (8) Any parcels which are subdivided for the purpose of creating condominium ownership are permitted provided that the overall density created within all condominium parcels and the common lot do not exceed the maximum density permitted within the "R-2" Use District. Any front, rear, and side yard dimensions shall apply from the building face to the property line of the common lot. 4 3. Subsection 1102.700, Residential Performance Standards, of the Prior Lake Zoning Ordinance is hereby amended by replacing number 3 of the following: (8) Accessory Structures. b. Design criteria. In all residential districts, the design and construction of any garage, carport, or storage building shall be similar to or compatible with the design and construction of the main building. The exterior building materials, roof style, and colors shall be similar to the main building or shall be commonly associated with residential construction. In addition, the following shall apply:  Detached structures. A detached accessory structure must be structurally independent from the principal structure. Detached accessory structures shall be permitted in residential districts in accordance with the following: 3. No accessory building shall be located within five (5) feet of any lot line or within the limits set forth in Subsections 5, 6 and 7 below if more restrictive. 4. Penalty. City Code Section 103 entitled “Definitions” and Section 104 entitled “General Penalty” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 14th day of March, 2016. ATTEST: City Manager Mayor A summary is to be published in the Prior Lake American on the 19th day of March, 2016. 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-xxx A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 116-_____ AND ORDERING THE PUBLICATION OF SAID SUMMARY Motion By: Second By: WHEREAS, WHEREAS, WHEREAS, In accordance with Minnesota Statute, the Planning Commission held a public hearing regarding amendments to Subsection 1102.1100 of the Prior Lake Zoning Ordinance on February 16, 2016; and The City Council has considered the advice and recommendation of the Planning Commission, city staff reports and others pertaining to the Zoning Ordinance amendments; and On March 14, 2016 the City Council adopted Ordinance 116-____ amending Subsections 1101.503, 1102.505 and 1102,700 of the Prior Lake City Code related to Yard Encroachments, Dimensional Standards in the R-2 Medium Density Residential Use District, and Accessory Structure setbacks in Residential Performance Standards; and WHEREAS, Minnesota Statutes requires publication of an Ordinance in the official newspaper before it becomes effective; and WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the City Council finds that the summary is an accurate representation of the Ordinance; and WHEREAS, The City Council desires to publish a summary of the amendments to Subsections 1101.503, 1102.505 and 1102,700 of the Prior Lake City Code and has determined the publication of a summary of this ordinance will meet the intent of the statute. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. Ordinance No. 116-____ is lengthy. 3. The text of summary of Ordinance No. 116-____, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. 4. The title and summary shall be published once in the Prior Lake American in a body type no smaller than brevier or eight-point type. 5. A complete text of the newly amended City Code will be available for inspection at City Hall or in the Document Center on the City of Prior Lake Website after March 14, 2016. PASSED AND ADOPTED THIS 14th DAY OF MARCH, 2016. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager 2 Exhibit A SUMMARY ORDINANCE NO. 116-xx CITY OF PRIOR LAKE ORDINANCE NO. 116-XX AN ORDINANCE AMENDING SUBSECTIONS 1101.503, 1102.505 AND 1102.700 OF THE PRIOR LAKE CITY CODE RELATED TO YARD ENCROACHMENTS, R-2 DIMENSIONAL STANDARDS AND RESIDENTIAL PERFORMANCE STANDARDS AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS The following is only a summary of Ordinance No. 116-____. The full text will available for public inspection after June 8, 2015 by any person during regular office hours at City Hall or in the Document Center on the City of Prior Lake Website. SUMMARY: The Ordinance deletes Subsection 1101.503 in its entirety and replaces with Subsection 1101.503 relating to Yard Encroachments. The Ordinance deletes Subsection 1102.505 in its entirety and replaces with Subsection 1102.505 relating to Dimensional Standards in the R-2 Medium Density Residential Use District. The Ordinance amends Subsection 1102.700(8)b relating to Accessory Structure setbacks in Residential Performance Standards. The revisions include deletion and addition of various uses, revisions of conditions, and clarification of regulations. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 14th Day of March, 2016. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Summary Ordinance to be published in the Prior Lake American on the 19th day of March, 2016. More Twin Cities Homes Opting for Smaller Lots Minnetonka has long taken pride in its large home lots, nestled in wooded, curving neighborhoods. But as the number of smaller lots increases, the west metro community, including suburbs from Eden Prairie to Lakeville, is seeing its landscape change. For aging suburbs like Minnetonka, which approved new zoning rules for smaller lots this year, they’re a way to draw downsizing baby boomers or younger families who prefer home features to large lawns. In 2010, the Twin Cities had nearly 300,000 small home lots, defined by the Metropolitan Council as those of a quarter-acre or less. By 2040, the demand for small lots is expected to reach 500,000, according to a report commissioned by the agency. “More developers are proposing small lots in suburbs or more of a mix of lot sizes,” said Libby Starling, manager of regional policy and research for the Met Council. “… Cities with a mix of housing are better positioned to be resilient.” But for suburbs heavily developed with large single-family lots, smaller home lots pose a challenge, clashing with some residents who oppose the more “urban feel” of homes closer together and closer to the street. “I think that’s always the struggle — where should these be located?” said Minnetonka Community Development Director Julie Wischnack. “The response … is huge,” she said, referring to a development featuring smaller lots. “People are lining up for spots.” The shrinkage in lot sizes is being driven by rising land costs and developers trying to meet changing demands from consumers who, they say, are looking for smaller mortgages and interiors with features like updated kitchens and oversized pantries — not large lawns that require a lot of maintenance. Millennials with growing families and seniors downsizing from larger homes aren’t interested in yard work and no longer put priority on large lots, experts say. Smaller lots make it more affordable to live in more expensive cities like Minnetonka. And to compensate, more developers are adding parks, even pools, within developments where families can gather and play. “It’s becoming less about the size of the lot and more about the attributes of the house. They [homeowners] haven’t said they want more lawn work,” said Graham Epperson, division president for Pulte Group Minnesota, which is building nearly 130 homes on 9,100-square-foot lots in Plymouth and a 5-acre neighborhood park. “A lot of the consumer feedback is the large, oversized lot sizes that we’ve seen the last seven, eight years [aren’t] desirable.” Small lots, big homes Pulte’s Enclave on the Greenway is part of an uptick in smaller lots in Plymouth, the city says, bringing more variety to its housing stock. The same is true in Lakeville, where the city changed zoning rules in 2010 to allow houses on 70-foot-wide lots, instead of the standard 85 feet, with shorter setbacks to reduce front yards. The city says nearly half of the 429 new single-family homes approved in Lakeville in 2014 have been on smaller 8,400-square-foot lots, or 70 feet wide. “Post-recession, there seems to be more interest in small lots. And I don’t see that changing,” said David Olson, director of community and economic development. “I don’t think it’s unique to Lakeville. If you go to a lot of cities, that’s a trend in terms of smaller lot sizes.” But not all small lots mean smaller homes. In Edina and Excelsior, the housing trend is teardowns, with big homes being built on small existing lots, much to the dismay of some long-term residents. After some complaints in Excelsior, the city’s Planning Commission in early January will discuss setting new height and size rules for the 6,300-square-foot lots established in the Lake Minnetonka town in the 1890s and early 1900s. In New Brighton, the Pulte Group is building homes on lots as small as 7,800 square feet. While it may be smaller than the standard lot size in the Twin Cities, Epperson said it all depends on the perspective. “In most markets across the country, that would be quite a large lot,” he said. “In the Twin Cities, that’s considered a ‘small lot.’ ” Slowing denser growth But not everyone wants the smaller lots in the suburbs. In Eden Prairie this year, the city pursued putting a “green,” high-density housing development on a vacant 8-acre lot off Hwy. 212 to bring more affordable housing to the city. But nearby residents opposed the Eden Gardens development in part because the 36 smaller lots and homes wouldn’t fit in. In response to this concern, the developer is building bigger, more expensive homes on the perimeter of the development and “market-rate” homes ranging from $330,000 to $360,000 inside the development. Eden Gardens, which includes a small park and opens in 2015, had deposits on most of the homes even before the city gave its final approval. “For some communities, this will be more of a trend, but I’ve heard from developers not every city is in favor of it,” said Shawn Nelson, board president of the Builders Association of the Twin Cities. “The majority of Minnesotans like a large lot for kids to play in and dogs to run around in. If that is what a family is looking for, it’s still available.” In fact, Minnetonka has mostly half-acre lots that preserve its topography and wooded areas, unlike cities on grids or with smaller lots like Minneapolis, where typical lots are about one-tenth of an acre. Now, however, pockets of land wedged into neighborhoods have made Minnetonka ripe for subdivisions. Larger estates are being broken up and the city’s last farm is being turned into the suburb’s largest subdivision of single-family homes since the 1990s. More than 250 people have expressed interest in the 28 single-family homes, which will have an average lot size of 7,600 square feet, along with a mix of twinhomes, condos and possibly townhouses — all association-managed so homeowners don’t have to keep up lawns. The developer, Ron Clark Construction, said the development is meant to fill a void in the market, aimed at everyone from young professionals to “right-sizing” baby boomers interested in moving from large lots to the rambler-style villas on smaller lots overlooking wetlands and woods. The company needed special approval for a planned unit development since Legacy Oaks didn’t fit the city’s standard residential zoning. Now, the city has a new small-lot ordinance that eases the process for developers by adding a new residential zoning rule for 75-foot-wide lots, or 15,000 square feet, instead of the standard 22,000-square-foot, or half-acre, lots. But that doesn’t mean Minnetonka is losing its large-lot character, City Council Member Brad Wiersum said. Higher density is expected in infill redevelopment or commercial areas near transit hubs like Ridgedale, where a six-story apartment building that some residents opposed was just approved, but the city is mostly developed. “Minnetonka is a large-lot community, and it probably always will be a large-lot community compared to surrounding communities,” he said. “[But] I think we will become a more dense community.” Kelly Smith • 612-673-4141 – StarTribune.com