HomeMy WebLinkAboutCCMin_68Jul31_SpecialSPECIAL P.~ETING JULY 31, 1968
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Continuation of Public Hearing - Application
to Amend Ordinance No. 6i~ to Rezone property
located on south side of Larpenteur Avenue and
Fairview Avenue
Present wares Mayor Warkentien, Councilmen Black, Ecklund and Stone.
Former Mayor Mayor Warkentien presented former Mayor Harold C. Nilsen
Harold C. Nilsen and r.~rs. Nilsen with a plaque in recognition of his
Receives Plaques years, of service to the Village of Falcon Heights. N~.
Nilsen accepted same with a short speech in which he
re:erred to his twelve years of gratifying service to
the community.
Henry J. Dachtera Pursuant to appointment by the Council on June 27, 1968,
sworn in as Henry Dachtera was sworn in as Civil Defense Director
Civil Defense of Falcon Heights to fill vacancy. Term is to expire
Director: December 31, 1968. Ecklund moved, seconded by Black that
Mrs. Ruth Dachtera be appointed as an official member of
the Department of Civil Defense without compensation.
Ayes: A11. Nays: None. Motion was carried.
Continuation of Continuation of Public Hearing to amend the Falcon
Public Hearing - Heights Zoning Ordinance No. 64 as amended, vrhich amendmeni
Application to Amend would rezone property located on the south side of Larpen-
Ordinance 6~. to tear Avenue and Fairview Avenue from a part of a Limited
Rezone Property Business and Processing District (B-lA) to Retail Business
Located on South District (B-2) eras approved by resolution at the council
side of Larpenteur meeting of July 25, 1968. Hearing was called to order
Avenue at Fairview: by Mayor Varkentien at 8:00 P.M. with interested parties
present. Mayor Warkentien welcomed all comments.
Councilman Stone, who was unable to attend the Heari ng
on July 25th has reviewed all the arguments presented at
that meeting.
Mr. Bureau, representing Mr. Steak, presented current
advertising material from other localities and stated
Mr. Steak is particular about its locations, and shouted
that this area received an AA rating in their rating
system. He stated that it would suit this community
inasmuch as it is a high quality operation and if turne d
down, the citizens would be denied the right to eat at a
first class family restaurant. He referred to the petition
in opposition and reminded the council that petition in
favor of rezoning had an equal number of signatures and
that mar~y~ of the signatures in favor were also included
in the previous opposing petition. He thanked the Coun ciJ
for the time and interest afforded Mr. Steak's application.
Mr. Tim Quinn, St. Paul attorney representing Mr. Steak ,
stated that the term °spot-rezoning" is not well defined
and does not actually. apply in this situation. Every
ordinance has provisions for rezoning and they are
flexible. Any area can be rezoned if itl~roper at the
times it is legitimate and legal to rezone at the present
time as the area is being developed. Tt would be a minor
change. He contended that the concern about rezoning was
minor and in this case it is more of a "special use permit"
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that is desired. The restaurants operation
could fit in well with the area and with the
apartments proposed for the adjoining property.
He was concerned with Planning Commission action
and wondered if there were any spec if is reasons
or if Mr. Steak was considered undesirable. He
referred to the part of Commission minutes which
stated the applicant 'shad failed to show cause of
need'~and he doubts if_an establishment really has
to prove the need. It was his opinion that council
and commission should not be swayed. into denying
this establishment a permit because a few residents
attended the hearings and are quite vociferous. He
believes more facts should be found to recommend
against Mr. Steak.
Discussion ensued regarding the petitions and the
desirability of spot zoning. Attorney Seed called
attention to the fact that the Council must
consider all the uses provided for in a B-2 area
and B1A area - not just the special use permit
that. is being requested. The Mayor then asked for
showing of hands of residents in opposition to
rezoning - three hands were raised; in favor of
rezoning - two hands were raised.
Black introduced the following resolution and moved
its adoption:
Resolution Denying WHEREAS John F. Bureau, individually and on
Application to Rezone: beh~l.f of Mr. Steak .and TJIrs. Julian Lee, applied to
the zoning administrator of the Village of Falcon
Heights for an amendment to the Falcon Heights
Zoning Ordinance No. 6i~ as amended, tivhich amendment
would rezone property located on the south side of
Larpenteur .Avenue and Fairview Avenue from a part
of a Limited Business and Processing District to a
Retail Business District;
1VHEREAS, the legal description of said property
is as follows:
The west 151.79 feet of t~.e north 1/2 of the
northeast 1/l~ except the south 1,026.66 feet
thereof and also the east 23.57 feet of the
north 1/2 of the northwest 1/!~ except the south
1,026.66 feet thereof, Section 21, Township 29
Range 23.
WHEREAS, said property was a lot of record in
single ownership at the time of enactment of the
Zoning Ordinance, and a portion of said property
extended less than fif ty feet into the Public
Institution District;
WHEREAS, notice of hearing by the Planning
Commission and Village Council of the Village of
Falcon Heights was duly published in the legal
newspaper for the Villages and copies of said notice
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were sent to all property owners within three hundred
(300) feet of the outside boundaries of the land pro-
posed to be rezoned;
WH i' ,the Planning Commission of the Village of
Falcon Heights, after holding said public hearing,
recommended in its report of July 2~., 1968, a copy
of which is on file with the Village Clerk, that the
application for the rezoning be denied,
NOW, THEREFORE, BE IT RESOLVED by the Village ~.
Council of Falcon Heights thats
1. Applicant has failed to make an adequate
showing that the proposed rezoning would serve any
public need.
Q. The proposed rezoning is completely out of
character with the immediate neighborhood, is contrary
to the spirit and intent of the Zoning Ordinance and
the comprehensive zoning plan for the Village and
constitutes spot rezoning.
3. The additional commercial uses allowed by
the proposed rezoning are not appropriate for the
area covered by the rezoning application.
~. The proposed rezoning would have an adverse
effect upon property values in the immediate neighbor-
hood, would increase traffic congestion and would be
contrary to the public welfare of the Village.
5. The application for said rezoning should be
and is hereby denied.
Motion was duly seconded by Ecklund and upon a vote
being taken, the following voted for resolution:
Warkentien, Stone, Black and Ecklund and the following
voted against the sames None. Whereupon said. reso-
lution was declared passed and adopted.
U Turns by Robert Hall Store:
Mr. Julian Lee inquired as
people making lef t U turns
Ecklund stated some checks
would be made.
to what could be done about
by -the Robert Hall Store.
of the area and the problem
J. Wirrer~s Request Mr. Joseph Wirrer, as owner of property located at
for Boarding House 2025 West Larpenteur Avenue, inquired as to possibility
at 2025 West of temporary use of the home on that property being used
Larpenteur Avenue: as a boarding house. He has University Health Depart-
. ment approval for that purpose and would like to board
ten students. He was advised that he could board 3 to
8 students, but not ten, and that the proper procedure
is to apply for variance permit or conditional use
permit.
Complaint Regarding Mr. Lee was present and was advised about a complaint
Lees Billiards: received from a mother whose son has been frequenting
Leers Billiards and has been involved in a game in the
back room where there was money and fighting going on.
There have been reports of glue-sniffing also. Mr. Lee
stated he did not want such games in his place and
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assured the Council it would not happen again. He had
no knowledge of glue sniffing and said it must have
happened outside where he cannot control actions.
Ramsey County Deputies Barnes and Blaine advised that
when they entered the billiard lounge one evening, Lee's
brother, Steve, 15 years old, was in charge, and Steve
told them he didn't know if any one else responsible
for the place would be returning that evening. Lee was
reminded of curfew ordinance and closing hours. He
stated that no one is allowed after 1:00 a.m. although
they count the money and sometimes clean after that
hour. Ecklund recommended that loitering any time of
the day, and also 13 to 15 year olds using it as a
hang-out should be discouraged.
Stop sign requested David Anderson, 1512 Idaho was present and said there
on Arona at Idaho: is a need for stop sign inasmuch as there is no warning
at the intersection of Arona and Idaho and he+yconcerned
about the safety of children. Engineer Lemberg
advised that traffic counts indicate no need for a
sign.
John Gyurci- 1864 Pascal John Gyurci was present regarding placing a fence
Requests Fence by !~2'~ high from his back lot line to the boulevard
~6'~alkway; line. His property is adjacent to the walkway and
people cut across his yard. Discussion regarding
fencing regulations was held..
Adjournment: Upon motion the meeting eras adjourned at 10:30 P.M.
Signed ...-
Clerk: rG.
Approve ~~(
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