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HomeMy WebLinkAboutCCMin_05Jul13 CITY OF FALCON HEIGHTS MINUTES July 13, 2005 Mayor Gehrz convened the regular City Council meeting at 7:00 PM. PRESENT: Mayor Sue Gehrz, Council members Robert Lamb, Peter Lindstrom and Richard Talbot Also present: City Administrator Heather Worthington and Roger Knutson, City Attorney COMMUNITY FORUM: There was no commentary from the audience. PRESENTATIONS: CERT Presentation: Mayor Gehrz introduced the fourth CERT Class to the audience, and presented new team members with their patches and pins. She thanked them for their service to Falcon Heights, and expressed her pride in their accomplishment. The following members were honored: Pat O’Leary Barbara O’Leary Mel Baughman Jim Hanes Chris Radic Mike Bagstad Galen Erickson Steven Genz Robert Thompson Dawn Bartylla Ben Prather Further, Mayor Gehrz thanked the trainers, Kris Grangaard, Dan Johnson-Powers and Gretel Keene for their hard work and time commitment. She also thanked the Falcon Heights/Lauderdale Lions Club for their generous donation of $1,000 to help equip the fourth CERT team. The CERT teams will be at the Ice Cream Social on July 28 in Falcon Heights, and at the Lauderdale Ice Cream Social on July 16. Mosquito Control District: Mike McLean of the Metropolitan Mosquito Control District (MMCD) made a presentation to the Council. He reported that mosquito populations are down considerably due to the dry, hot weather. Spring was wet and cool, which was not conducive to mosquito breeding, so mosquitoes took extra time to develop, which gave the MMCD time to treat areas and reduce populations. He said that Falcon Heights residents had called the MMCD eight times since spring. He informed the Council that he uses Falcon Heights as a success story, citing the infiltration pond at Curtiss Field as an example of a pond that works very well to limit mosquito breeding. He also spoke about the treatment of catch basins, especially sumps, and pointed out that grass clippings and other organic waste in the storm sewers helps encourage mosquito breeding. Typically, the mosquitoes that breed in catch basins are not the species that bothers humans, but it is a species that spreads West Nile Virus. He said that this time of year, as annoyance concerns drop, disease concerns rise. Mr. McLean also said that they were not doing adult mosquito control in Falcon Heights, but that they were spraying parts of the Fairgrounds and around Midway Stadium in Saint Paul. He also mentioned that Nancy Reed, the MMCD’s GIS specialist, wanted to thank Falcon Height’s Planning and Zoning Coordinator, Deb Jones, for the work she did on the Metro GIS Address Working Group. Councilmember Talbot mentioned that the MMCD’s free tire pickup is a great service, as it prevents standing water where mosquitoes can develop. He asked Mr. McLean to give the phone number for free pickup of tires—651/645-9149. Mayor Gehrz thanked Mr. McLean for his presentation. APPROVAL OF MINUTES: The minutes were approved as submitted. PUBLIC HEARINGS: None CONSENT AGENDA: Lamb moved approval of the Consent Agenda, as outlined below. The motion was unanimously approved. General Disbursements through June 16, 2005: $ 107,461.63 Payroll (6/15/05 – 6/30/05) $ 17,592.47 + 480.36 POLICY AGENDA: Variance requests for 1871 Larpenteur Avenue: Staff presented the report from the Planning Commission, and explained the analysis behind the variance requests. The Mayor asked Councilmembers if they had questions about the request. Councilmember Lindstrom said that he was at the community meeting, and the Planning Commission meeting, and that a good representation of residents from the Lindig area were present at both meetings. He said that this was a very challenging property, and that the prospective owners have been good to work with, and have made concessions. Councilmember Lamb said he agreed with Councilmember Lindstrom, and that for this property, to do nothing is not an option. He further stated that anything done with this property will require the Council’s involvement. Councilmember Lamb requested clarification that variances could be granted without the condition of six off-street, off-site parking spaces, as recommended by the Planning Commission. Worthington stated that the Council could approve the variances as recommended by the Planning Commission, or make their own conditions on the variances. Mayor Gehrz stated that she believes that off-site, off-street spaces would protect residents on Lindig. She also said that additional traffic concerns could be reduced by staff working on signage at the end of the property line to better direct motorists. She said that she had a concern with the hours of operation, and was suggesting a condition be placed on the use. Councilmember Lamb made a motion to approve the seven variances without conditions; this motion was seconded by Councilmember Lindstrom. Mayor Gehrz then opened the discussion to audience members, with the motion on the floor. She suggested, with City Attorney Knutson’s counsel, to take each of the conditions one at a time for discussion and consideration. Councilmember Lindstrom made a motion to approve condition #1, seconded by Councilmember Lamb. Charles Johnson, 1718 Lindig Avenue, said that he appreciated conditions being placed on the variances. He said that once it’s done, it’s done into the future, and he believed that this was too big a business on too small a lot. He told the Council that a year ago, residents on Lindig organized to include permit parking on the street. He wants the Council to waive the petition fee if people come back to amend the permit parking in the future due to this development. Tom Quam, 1867 Larpenteur, presented a letter to the City Council, and explained that he is not in favor of the business going in next door to his rental property. Raymond Wirth, 1795 N. Pascal, said he drove up Lindig and had to use the turnaround. He asked why the city was allowing this use if they can’t fit it into the area. The Council voted unanimously to approve condition #1: The subject property shall be developed and maintained in accordance with the site plan on file with the City Clerk, dated 7/13/05 prepared by Michael Medina, AIA. Councilmember Lindstrom made a motion to approve condition #2, seconded by Mayor Gehrz. Mayor Gehrz said that she believed that restricting the hours of operation was reasonable because of the business’ proximity to residential housing. Councilmember Lamb spoke against the condition, stating his belief that it was an unfair restriction, given that the city did not restrict business hours in any other location, even at the businesses located on the SE corner of Snelling and Larpenteur, despite their close proximity to housing. He suggested that if the city wished to restrict business hours, it should do so city-wide, instead of singling out a property. The Council voted 3 to 1 to approve condition #2 (Gehrz, Lindstrom and Talbot—yes; Lamb—no): The business on the subject property may not be open to customers between the hours of 9:00 p.m. and 8:00 a.m. Sunday through Thursday and 10:00 p.m. and 8:00 a.m. Friday and Saturday. Councilmember Lindstrom made a motion to approve condition #3, seconded by Mayor Gehrz. Councilmember Lindstrom explained the Planning Commission’s intent with regard to this condition. The subject business is requesting a variance of six spaces from the required 24 spaces to 18 spaces. The Planning Commission recommended a condition be placed on the variance, requiring the property owner to obtain six off-site, off-street parking spaces to augment their parking, and to accommodate employee parking. Roger Knutson, City Attorney, suggested that the Council determine a reasonable distance from the property to require the spaces be located, and not leave that open ended, as it would create an un-enforceable condition. The Council voted unanimously to approve condition #3: The owner of the subject property must maintain for customer and employee use at least six off-site and off-street parking spaces within one-half mile of the subject property. Proof of parking must be kept on file with the City Clerk. Councilmember Talbot made a motion to place a fourth condition on the property that prohibited the delivery and idling of delivery vehicles between the hours of 9:00 p.m. and 7:00 a.m., seconded by Councilmember Lindstrom. Councilmember Lamb stated that he believed that if the city was to place delivery restrictions on businesses, it should be looked at city-wide. The Council voted unanimously not to approve condition #4. Charles Johnson, 1718 Lindig, expressed a desire to see the Council pursue the research of the delivery issue with regard to businesses located adjacent to residential areas. Mayor Gehrz then called the question on the original motion to approve the seven variances. The Council voted unanimously to approve the seven variances. Councilmember Lindstrom made a motion to adopt the findings of fact on pages 15-17 of the staff report as follows, seconded by Councilmember Lamb. That the granting of the variance(s) will not be detrimental to the public welfare. Side setbacks and lot width: Staff finds that these variances will not be detrimental to the public welfare as they recognize existing conditions on the property and no prior detriment has been shown to exist. Parking, rear setback and landscaping: Staff finds that these variances will minimize any future detriment to the public welfare. The proposed plan seeks to establish an optimum balance between the community’s interest in keeping as much parking on site as possible and the need to maintain appropriate green space. Additional landscaping provided in the public right of way will provide additional buffers around the business on the west and south. b. That the granting of the variance(s) will not substantially diminish or impair property values or improvements in the area. Side setbacks and lot width: Staff finds that these variances will not substantially diminish or impair property values as they recognize existing conditions on the property and no prior impact on values has been shown to exist Parking, rear setback and landscaping: Staff cannot predict whether these variances will substantially diminish or impair property values. It is a fact that allowing the site to deteriorate would have a negative effect on property values. Placing a different business in the existing structure would not necessarily have a better impact; the last few such businesses have failed. Any owner proposing to establish a vital, successful business on this site would need to make significant investments in upgrading the property and would need variances to do so. That the granting of the variance(s) is necessary for the preservation and enjoyment of substantial property rights. Staff finds that the granting of these variances is necessary for the preservation and enjoyment of substantial property rights. In fact, under its present zoning, any use of this property at all would require some combination of variances. That the variances(s) will not impair an adequate supply of light and air to adjacent property. Side setbacks and lot width: Staff finds that these variances will not impair an adequate supply of light and air to the adjacent properties, as these conditions already exist and have not been shown to impair the supply of light and air to adjacent properties. Parking, rear setback and landscaping: Staff finds that the variance will not impair an adequate supply of light and air to the adjacent properties. e. That the variance(s) will not impair the orderly use of the public streets; Side setbacks and lot width: Staff finds that these variances will not impair the orderly use of the public streets, as these conditions already exist and have not been shown to cause such impairment. Parking, rear setback and landscaping: Staff finds that the variances will not impair the orderly use of the public streets. The prospective owners have made a good faith effort to keep as much parking as possible on the site and to confine the traffic impact to the part of Lindig that is immediately adjacent to the restaurant. f. That the variance(s) will not increase the danger of fire or endanger the public safety; Side setbacks and lot width: Staff finds that these variances will not increase the danger of fire or endanger the public safety, as these conditions already exist and have not been shown to endanger public safety. Parking, rear setback and landscaping: Staff finds that the variances will not increase the danger of fire or endanger the public safety. Whether the shape, topographical condition or other similar characteristic of the tract is such as to distinguish it substantially from all of the other properties in the zoning district of which it is a part, or whether a particular hardship, as distinguished from mere inconvenience to the owner, would result if the strict letter of the Chapter were carried out. This property, a legal lot of record, is distinguished from other B-1 properties in that the sum of the required side setbacks is greater than the total width of the property. This creates a particular hardship for any owner if the strict letter of the Chapter is carried out because it renders the property literally unusable for any permitted or conditional use defined for a B-1 parcel. Whether the variance is sought principally to increase financial gain to the owner of the property, and to determine whether a substantial hardship to the owner would result from a denial of the variance. Staff finds these variances are not sought principally to increase financial gain to the owner of the property other than the ordinary gain from the running of a viable legal business. Staff finds that substantial hardship would be imposed by denial of the variances on lot coverage and parking. If the lot coverage requirement were enforced, a much greater variance on parking would be needed and the overflow parking and traffic would spill into the neighborhood. The lot is too small to accommodate all the required parking for this use, even if all landscaping were to be eliminated. Either alternative would impose substantial hardship on the owner. Substantial hardship would also be imposed by requiring an owner to set up business in the existing building as this building is too small to accommodate this legal use, and parts of it do not meet the requirements of the State building code. i. Whether the conditions which give rise to the application for the variance arose after the adoption of this Chapter of the Code of the City of Falcon Heights or any amendment thereto which placed the tract in a zoning district different from what it was under the Chapter. In the consideration of this item, the City shall make diligent inquiry as to all changes in the property and shall refuse to grant the variance if the problem is one that can be solved through a proper application of a conditional use permit or an amendment of the Zoning code. Financial hardship shall not be a basis for the granting of a variance when the owner purchased the property in reliance on a promise that a variance would be granted, and the City shall dismiss the appeal if it shall appear that the property was purchased on such reliance. Not applicable. The Council voted unanimously to adopt the findings of fact. Proposed Ordinance amending portions of Chapter 9 of the City Code regarding non-conformities: The Council discussed the state law changes that required the city code be updated. Knutson explained that the new law made replacement of non-conforming features an administrative matter, rather than requiring review and permitting by the Planning Commission and City Council. Worthington explained that the Planning Commission had held a public hearing on the matter at their May meeting, and had made a decision to recommend supporting the changes at their June meeting, voting unanimously to recommend that the City Council approve the amendments. Councilmember Lamb made a motion to accept the Planning Commission’s recommendation to adopt the amendments to Chapter 9 of the City Code, seconded by Lindstrom. The Council voted unanimously to adopt the amendments to Chapter 9 of the City Code. REPORTS FROM COUNCIL MEMBERS: None INFORMATION AND ANNOUNCEMENTS: Mayor Gehrz reminded the viewing audience that the City Ice Cream Social will be held on Thursday, July 28, 2005 at Community Park from 6:00 to 8:00 p.m. Respectfully submitted, Heather Worthington City Administrator/Clerk