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HomeMy WebLinkAboutPCMin_95Apr24• MINUTES REGULAR PLANNING COMMISSION MEETING April 24, 1995 PRESENT ABSENT ALSO PRESENT Tom Brace Alex Hanschen Susan Hoyt,Administrator Lee Barry, Chair Ken Salzberg (LOA) Carla Asleson, Planner Paul Kuettel Sue Gehrz, Council Liaison Wendy Treadwell Eric Galatz, Attorney Betty Wilcox Meeting was called to order 7 p.m. by Chair Barry. Minutes were approved with one correction. On page 2, paragraph 3, the ............................... sentence should read, The estimated project cost is 5xt. PUBLIC HEARING ON REQUEST FOR A CONDITIONAL USE PERMIT FOR THE OPERATION OF A SECONDHAND FURNITURE STORE AT 1532 W. LARPENTEUR AVENUE IN A SHOPPING CENTER BUILDING, CHAPTER 9-10.01 SUBD.3(N) Planner Asleson briefed the commission on a request from Mr. William Erickson, • proprietor of Falcon Futons & Area Rugs store, for a conditional use permit to sell used furniture out of the basement of the Falcon Futons store. He would rent storefront space to advertise this portion of his business but actually would operate out of the basement. The furniture to be sold would be obtained from area estate sales. She said the proposed use meets the definition of a secondhand goods store and is a conditional use in the B-3 Snelling/Larpenteur Business District of the zoning code (Chapter 9-10.01 subd. 3(n). A conditional use permit goes with the property, not the business and any change in the type of merchandise sold would require an amendment to the conditional use permit. No objections from owners of nearby property have been received. Public Hearing opened at 7:06 Mr. Erickson, proprietor, said furniture, lamps, and knickknacks would be sold. He would not deal in automobile parts, electronics, jewelry, precious gems, guns nor engage in any pawning activity. He also stated that fire marshal had inspected the premises and noted that 2 fire extinguishers are needed (one upstairs and one downstairs), step in the basement and a hole in the wall adjacent to the steps needs repair work done, emergency lighting is needed in the basement as well as unlit exit signs over the doorway. These are being handled and he will be meeting • with the fire marshal again on May 10. • There being no one else wishing to be heard, the public hearing closed at 7:12. After a brief discussion, which included compliance with the fire marshal's findings, Wilcox moved and Kuettel seconded the motion to approve the conditional use permit because the secondhand goods store is in keeping with the city's comprehensive plan and the use with the recommended conditions will not adversely affect the noise, traffic, health, or welfare of the surrounding neighborhood with the following conditions placed upon the use: 1. The store be authorized to sell used furniture and household furnishings only. 2. The hours of operation be limited to 9 a.m. to 9 p.m. Sunday through Saturday. 3. The store shall not receive direct drop off of merchandise from members of the public at these premises. 4. There shall be not outdoor storage of merchandise. 5. Any change or expansion to the type of used goods sold shall require an amendment to the conditional use permit. • REQUEST FOR VARIANCE OF 279.25 SQUARE FEET TO THE MAXIMUM ALLOWABLE LOT COVERAGE FOR DETACHED ACCESSORY BUILDINGS FOR 1857 FAIRVIEW AVENUE, CHAPTER 9-2.04 SUBD. 2(b) Hoyt summarized the property owner Susan Thimsen's request for a variance of 279.25 square feet from the 1,000 square foot maximum to have a total accessory square footage of 1279.25 square feet in order to replace her existing garage. The current garage is divided inside by a concrete wall that separates the garage parking area from a workshop and allows only enough room to park one vehicle. The entire existing garage would be used as a storage facility. There is also a utility shed in the rear yard so the total square footage for the proposed new garage, the existing garage/proposed storage area, and the existing utility shed would be 1,279.25 sq. ft. (279.25 sq.ft. more than is allowed by code). Hoyt said the Thimsen's have one of the largest lots in Falcon Heights lone acre) so the amount of rear yard or open area filled up by the additional area of garage and storage space will not significantly impact the residential character of the neighborhood. The proposed garage is 23.25' x 24'. Mr. & Mrs. Thimsen addressed the commission. They indicated that the current access door for the existing garage would be replaced by a wall once the new garage is built. Mrs. Thimsen said that they planned to build the new garage with a • gabled roof and two dormers in order to blend in with the adjoining property to the north. • Staff recommended that this variance in lot coverage be granted because: 1) The residential character of the addition is in keeping with the residential character of the R-1 zoning district. 2) The size of the proposed storage space is reasonable and the new garage is of standard size. 3) The subject lot is unique in that it, along with a few other lots on Fairview Avenue, are over one acre in size. A variance of 279.25 sq. ft. of lot coverage by accessory structures does not detract from the amount of open space available in the rear yard. This variance would permit the full use of property rights. Kuettel moved to recommend granting the variance with the following conditions to be placed upon it: 1) That the existing garage be reconstructed into a storage area and not used for living quarters, a home occupation, or for the parking of vehicles. 2) That the vehicle access door between the existing and new garages be removed and replaced with a standard doorway opening. • Seconded by Treadwell and unanimously approved. PUBLIC HEARING ON AND CONSIDERATION OF THE PROPOSED AMENDMENTS TO CHAPTER 9 SUBD. 1.02; PART 8 SUBD.2; PART 10 SUBD.2 AND SUBD.3 REGARDING GUN SHOPS AS A CONDITIONAL USE IN A B-3 ZONE Hoyt briefly summarized the proposed zoning code amendments regarding gun shops as a conditional use in a B-3 zone that were discussed at the two previous meetings. Chair Barry opened the public hearing at 7:35. There being no one wishing to be heard, the public hearing was closed at 7:36. After a brief discussion, Brace moved to adopt the following zoning code amendments which would accomplish making a gun shop a conditional use at the northwest retail corner of Snelling and Larpenteur Avenues in the B-3 Community Business District. Part 1 Chapter 9 Subd.1.2 -Definitions 67. Firearm: Any weapon (including starter gun) which will, can, or is • designed to, or may readily be converted to expel any missile, projectile, bullet or other mass through a barrel by means of explosives or gas or air, • and any frame, receiver, muffler or silencer of any such weapon, but excluding the following: children's toy guns, "BB" guns, antique firearms, scuba guns, medical instruments, industrial tools such as stud and nail guns and any replica of any firearm which replica cannot, is not designed to, and cannot be readily converted to, expel any missile, projectile, bullet or other mass through a barrel by any means. 68. Firearm, antique: Any firearms (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898. 69. Firearms dealer: A person who is federally licensed to sell firearms and operates a gun shop in which firearms are sold from a permanent business location or any person engaged in the business of repairing firearms or making or fitting special barrels, stocks or trigger mechanisms to firearms. 80. Gun Shop: A building or a portion of a building occupied by a firearms dealer which has devoted some portion of its floor area to the sale of firearms or ammunition. 153. Shooting Gallery: A covered shooting range equipped with targets for practice with firearms. • Part 8 Chapter 9 Subd. 2 -Neighborhood Convenience District k. Other small miscellaneous retail shopping goods stores (excluding repair ........................................... and service establishments a~'?j;~) having a maximum floor area of ::.;:.;:.>;:.;:.;; ..............:..:...:....... . 1,000 square feet which sell food, apparel and small specialty... . Part 10 Chapter 9 Subd. 2 -Community Business District o. Miscellaneous retail establishments (SIC 59) including antique stores but excluding fuel dealers (SIC 598) #i~j Part 10 Chapter 9 Subd. 3 -Conditional Uses i. Gun shops are a conditional use on the northwest corner of Snelling and Larpenteur as long as the following conditions exist: 1) A minimum of 1,000 feet from any residential zone except for a minimum of 150 feet from any residential zone when the residential zone is buffered by a separate commercial facility. 2) A minimum of 750 feet from any park. • 3) A minimum of 1,000 feet from any public or private preschool, • elementary or secondary school or church. 4) The firearms dealers security standards as mandated by Minnesota Statute 624.7161 and 624.7162 are met. Seconded by Treadwell and passed unanimously. CONSIDERATION OF PROPOSED ADDITION TO CHAPTER 9-1.02 OF THE ZONING CODE RELATED TO THE DEFINITION OF THE TERM "SIDEWALK SALE" Asleson summarized the current zoning code relating to outdoor sale of merchandise in a B-3 zone. Chapter 9-10.01 subd.5ld) of the zoning code prohibits the outdoor sale of merchandise in a B-3 zone, except for "twice a year for three days at a time as a sidewalk sale." However, there is no actual definition of a "sidewalk sale" in the definitions section of the zoning code. To prevent a misunderstanding in interpreting this section, she proposed the following definition be added: 9-1.02 subd.2(151) Sidewalk Sale. The selling of goods just outside of the business entrance where the merchandise sold outside is similar to what is ordinarily sold inside the business and the sales are managed and operated by the abutting • business owner. Asleson stated this would clarify that the sidewalk sale must be conducted by the owner or proprietor of the business and would prevent the outdoor sale of merchandise that is unrelated to the abutting business. A brief discussion followed. By unanimous consent of the commission, a public hearing was scheduled for May 22, 1995. Meeting adjourned at 8 p.m. Carla Asleson, City Planner Dee Swenson, Recording Secretary