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HomeMy WebLinkAboutPCMin_95Feb27• MINUTES REGULAR PLANNING COMMISSION MEETING February 27, 1995 PRESENT ABSENT ALSO PRESENT Lee Barry (Chair) Susan Hoyt,Administrator Tom Brace Carla Asleson, Planner Alex Hanschen Sue Gehrz, Council Liaison Paul Kuettel Eric Galatz, Attorney Ken Salzberg Wendy Treadwell Betty Wilcox Meeting was called to order 7 p.m. by Chair Barry. A welcome was extended to two new commissioners, Alex Hanschen and Betty Wilcox; and to Sue Gehrz, new council liaison. Salzberg moved to re-elect Lee Barry as chairperson, seconded by Brace and unanimously approved. • REQUEST FOR A VARIANCE TO THE MAXIMUM ALLOWABLE FLOOR AREA OF 1,000 SQ FT FOR 1579B HAMLINE AVENUE TO ALLOW A 1,450 SQ FT CAFE/RESTAURANT IN A B-1 DISTRICT, CHAPTER 9 §8.01 SUBD. 2(k) OF THE ZONING CODE Carla Asleson, city planner, reported that Dirk Bordsen, property owner, has requested a variance to permit expansion of the cafe/restaurant to a total area of 1,450 sq. ft. A maximum of 1,000 sq. ft. is permitted by the zoning code for this type of use. She said this request would not be an addition to the building but involved remodeling of the interior area for use which currently is being used for storage. The expansion would add approximately 550 sq ft of floor space which would include a stage, seating area and a small entryway to an existing tenant, The Coffee Grounds. However, she reminded the commission that the variance goes with the property not with the current business. Asleson explained that in order to conform to the zoning code, there must be an additional off-street parking space established for every 2.5 additional seats created. Since there is capacity for up to 30 seats in the proposed expansion (21 seats in the expanded floor area and a potential 9 seats on the stage) an additional 12 off street parking spaces must be created. • Planning Commission Meeting 2/27/95 Page 2 Because there is no additional land space available for parking on the shopping center site, Mr. Bordsen has negotiated a private joint parking agreement with the owner of the adjacent Hamline/Hoyt Auto Service Shop, 1565 Hamline Avenue, to allow the Coffee Ground patrons to use the auto shop parking area after the auto shop closes at 5 p.m., Monday through Friday. The Coffee Grounds' prime parking times are Friday and Saturday evenings after 7 p.m. This agreement would provide the additional 12 spaces needed for the expansion. Asleson stated that joint parking arrangements of this type are permitted in the zoning code. [Chapter 9, § 13.04 Subd. 51e)] Mr. Bordsen said that there is a hardship to him as property owner because the area, currently being used as storage space, was previously leasable commercial space and the only way he can reasonably use that part of his building is to expand the tenant of The Coffee Grounds. Asleson said that staff notified all properties abutting the shopping center and the two properties directly across from the center on Iowa about the proposed • variance. No comments were received. She said the commission has three alternatives with respect to this request: 1. Recommend denial of the variance and require that the business floor area be limited to 1,000 sq. ft. 2. Recommend approval of the variance to allow expansion to a total of 1,450 sq. ft. without further conditions. (This would require two variances -one for the floor area expansion and one for parking.) 3. Recommend approval of the variance to allow the expansion with conditions on off-street parking arrangements. Discussion followed. Salzberg moved to adopt the resolution recommending granting of the variance with the following conditions: That a joint parking arrangement with a commercial or institutional property within one city block of the subject property be kept current and on file with the city. This arrangement shall remain in effect for any tenant whose use requires, as defined in the zoning code, more off-street parking than is available on the property. At least 12off-street parking spaces, in addition to those on the subject property, must be provided during the business' peak business. • Seconded by Treadwell. Unanimously approved. • Planning Commission Meeting 2/27/95 Page 3 DISCUSSION ON ZONING FOR STORES THAT SELL FIREARMS Susan Hoyt, city administrator, gave a report on the city's current commercial development moratorium on stores that sell firearms. INTRODUCTION The current commercial development moratorium restricts the city from issuing a business license to any store that sells firearms until the moratorium expires on September 30, 1995. The purpose of the moratorium is to allow the planning commission and city council time to determine the most appropriate way for the city to zone for stores that sell firearms prior to permitting such a use to locate in the city. Although the council approved an extension of the moratorium until September 30, 1995, it has encouraged the planning commission to make its recommendation on how to deal with the issue by May of this year. • ATTORNEY COMMENTS Under §471.633, a governmental subdivision may regulate by reasonable, nondiscriminatory and nonarbitrary zoning ordinances, the location of businesses where firearms are sold by a firearms dealer. A firearms dealer is a person who is federally licensed to sell firearms and a governmental subdivision is an entity described in §471.633 and §471.634. Under 471.635, Falcon Heights is authorized to regulate the location of gun shops by "reasonable, nondiscriminatory and nonarbitrary zoning ordinances." NEIGHBORING CITY The City of St. Paul is currently considering an ordinance that restricts new gun shops and shooting galleries to an industrial zone and requires them to be 1,000 feet from any residentially zoned property or protected uses (parks, day-care centers, schools and churches). CONSIDERATIONS When considering how to zone for stores that sell firearms, two aspects of the ordinance must be considered -definitions and location. The definition of a • firearms store can include all stores that deal in any type of firearms or it can exclude stores that sell sporting goods with firearms as an accessory use. • Planning Commission Meeting 2/27/95 Page 4 The accessory use is defined typically by percentage of floor space or percentage of sales. It is also necessary to determine an appropriate location within the city's commercial business districts for gun sales. Three approaches are available: 1. Permit the use in any of the city's business districts either as a permitted or conditional use. 2. Not include stores that sell firearms as a use in the city's commercial business districts. 3. Limit the use to a location that is distinctly away from residentially zoned areas and other protected uses by using a conditional use permit. A conditional use permit must be approved by the city council and requires notifying property owners within 350 feet of the property. Definition • Staff recommended that the definition of stores that sell firearms include all stores that deal in firearms including sporting goods stores and antique firearms sales. Location When siting an area appropriate for firearm sales, the city should specify a location that is distinctly away from residential property, distant from protected uses like Curtiss Field Park, the church (which has a playroom for young children) and the school. The best location seems to be the northwest corner of Snelling and Larpenteur (currently an Amoco station). After a lengthy discussion on which approach to consider, Salzberg and Kuettel suggested that staff write up a statement of intent allowing stores that sell firearms as a conditional use in the B-3 Community Business District specifying a location that is distant from protected uses. The commission unanimously agreed. Hoyt will draft the specific language to be reviewed by the attorney for the ordinance to be presented to the planning commission meeting in March for • comments, revisions and recommendations. . Page 5 PLANNNG EDUCATIONAL WORKSHOPS Asleson asked that if any commissioner were interested in attending a land use planning workshop speak with her after the meeting. Meeting adjourned at 8:20 p.m. f ~ , ~~ '. r, Carla Asleson, City Planner ~- `/''` % y ~ / Dee Swenson, Recording Secretary • C,