HomeMy WebLinkAboutPCMin_95May22• MINUTES
REGULAR PLANNING COMMISSION MEETING
May 22, 1995
PRESENT ABSENT ALSO PRESENT
Lee Barry, Chair Tom Brace Susan Hoyt,Administrator
Alex Hanschen Paul Kuettel Carla Asleson, Planner
Wendy Treadwell Sue Gehrz, Council Liaison
Betty Wilcox
Ken Salzberg
Meeting was called to order 7 p.m. by Chair Barry.
Minutes of April 24, 1995 were approved as written.
PUBLIC HEARING ON A REQUEST FOR A CONDITIONAL USE PERMIT FOR
ADDITIONAL SIGN AREA AT FALCON HEIGHTS UNITED CHURCH OF CHRIST,
1795 HOLTON
Chair Lee Barry asked to be excused from participating in this request for a
• conditional use permit as he is a past moderator and current treasurer of the
Falcon Heights United Church of Christ. Commissioner Salzberg agreed to be
the acting chair during this portion of the meeting.
Planner Asleson described the Falcon Heights United Church of Christ's request
for a conditional use permit to install a sign on the Garden Avenue street front.
She said the proposed sign resembles a real estate sign with hooks to hang
temporary signs for key events. The zoning code permits churches, schools,
and other institutions located in an R-1 zone to have up to 50 sq. ft. of sign
area. Due to apre-existing use, the church currently has approximately 83 sq.
ft. of sign area and all requests for sign area above the permitted 50 sq. ft.
require a conditional use permit. Asleson noted that letters, as required, had
been mailed to property owners within 350 feet of the property. Four
responded and after learning of the size and location of the sign had no
objections. She stated that §9-15.04 subd. 31a)(1 1) of the zoning code
requires that the planning commission find that:
"The architectural appearance and function plan of the building and site shall
not be so dissimilar to the existing buildings or area as to cause impairment in
property values constitute a blighting influence"
• Mr. Bob Olsen, spokesperson for the church, said that this sign would eliminate
some of the need for temporary signs on the property which are more likely to
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5/22/95
Page 2
cause a blighting influence. Initially, it will be used to display the church's logo
and advertising for the Falcon Heights' indoor playroom when the playroom is in
operation.
Public hearing opened 7:10. There being no one wishing to be heard, closed at
7:11.
After a brief discussion, Treadwell moved to recommend granting the
conditional use permit with the following conditions attached:
1. The sign used shall not exceed 12 sq. ft. of area and shall maintain a
clearance of 18" above the ground at all times.
2. The sign shall be kept in good repair.
3. Should this property cease to be used as a church or a school, the
conditional use permit shall be null and void and the sign shall be
removed if not in compliance with the sign requirements for the new use.
• Seconded by Hanschen and passed unanimously with Barry abstaining.
PUBLIC HEARING ON A REQUEST FOR A CONDITIONAL USE PERMIT FOR
ADDITIONAL BUILDING HEIGHTS AT 2129 W. LARPENTEUR AVENUE
Planner Asleson explained that Mr. Greenberg and Ms. Kindschi are proposing a
32 foot high (grade to peak) addition to their existing home. The proposed roof
line is consistent with the current pitch of the roof, and with the exception of
the building's height, the addition meets all other requirements. Asleson said
the zoning code allows single family homes in an R-1 zone to be a maximum of
25 feet in height 19-4.01 subd.4(a). All requests for additional height require a
conditional use permit (9-2.07 subd.1). She said that a conditional use permit
must be granted if the applicant can meet both general and special conditions
governing the use as determined by the planning commission.
In 1990 the applicants were granted a conditional use permit to operate a bed
and breakfast facility out of their home. This request requires a second
condition use permit because it is not related to the bed & breakfast facility.
Mr. Tom Reinan, the project architect and the owner's representative, displayed
a site plan for the proposed addition explaining how it would be in keeping with
• the architectural style of the building. Asleson said the proposed addition to the
code's maximum of 25 feet meets the zoning code requirement for a conditional
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5/22/95
Page 3
use permit. All property owners within 350 feet of the property were notified,
as required, and no calls were received.
Public Hearing opened at 7:20. There being no one wishing to be heard the
hearing closed at 7:21.
After a brief discussion, Salzberg moved that the conditional use permit for the
construction of a 32 foot high addition to the existing home be recommended
for approval with the condition that it be constructed of building materials that
match the existing structure.
Seconded by Wilcox and passed unanimously.
PUBLIC HEARING REGARDING THE ADDITION OF THE DEFINITION OF
"SIDEWALK SALE" TO THE ZONING CODE
Asleson briefly reviewed the current zoning code relating to the outdoor sale of
• merchandise in a B-3 zone as discussed at the April 24, 1995 planning meeting
and the fact that what is missing from the code is an actual definition of the
term, "sidewalk sale". She recommended the following definition to added to
the zoning code:
Sale -Sidewalk. The selling of goods by a business proprietor just
outside of the public customer entrance of the proprietor's business
where the merchandise sold outside is similar to what is ordinarily sold
inside the abutting business and the sales are managed and operated by
the abutting business proprietor.
Asleson said this definition would clarify that:
• The merchandise sold must be similar to what is sold inside the business.
• The sidewalk sale must be conducted by the proprietor of the business,
which would prevent the owners of a shopping center or individual
proprietors from leasing sidewalk sale space to a vendor other than their
existing businesses.
• A business could not operate a sale in an adjoining parking lot or open
area, except for the limited sale of their own merchandise when the
business' customer entrance abuts such an area.
• Public Hearing opened at 7:25 and closed at 7:26.
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5/22/95
Page 4
Hanschen moved to recommend approval of the definition of the term "sidewalk
sale" to the zoning code as defined by Asleson. Seconded by Salzberg and
unanimously approved.
Meeting adjourned 7:30.
Carla Asleson, City Planner
Dee Swenson, Recording Secretary
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