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HomeMy WebLinkAboutPCMin_93Feb22• MINUTES REGULAR PLANNING COMMISSION MEETING February 22, 1993 7:30 p.m. PRESENT ABSENT ALSO PRESENT Kay Andrews Len Boche Paul Ciernia, Council Liaison Lee Barry, Chair Susan Hoyt, Administrator/Planner Steve Huso Brian Standing, Intern Planner Paul Kuettel Fred Hoisington, Consultant Lisa Lampi Ken Salzberg Meeting was called to order at 7:30 p.m. by Lee Barry, Chair. PUBLIC HEARING ON A PRELIMINARY AND FINAL PLAT OF THE. UNIVERSITY GROVE SUBDIVISION NUMBER 2 AND REQUEST FOR VARIANCES FROM 9 17.04. SUBDIVISION 2 AND SUBDIVISION 4 OF THE ZONING CODE Lee Barry, Chair, opened the public hearing at 7:35. Brian Standing, planning intern, reported on the University's request for a preliminary and final plat of University Grove Subd #2 to conform to Auditor's Subd. 90. These lots were originally platted in Auditor Subd. No. 90. An error was made in 1990 with the recording of Registered Land Survey for 1666 Coffman which included the area as one large tract. This automatically eliminated the established lot lines and right of ways in a portion of Auditor's Subdivision No. 90. Standing explained that the purpose of the proposed plat is to re-establish the original lot lines eliminated by the 1666 Coffman plat. He said this would not change the commonly boundaries. understood property The University also requested variances from the subdivision regulations. Folwell Avenue has an existing 50 ft. right-of-way which is consistent with Auditors Subd. No. 90. Section 9-17.04 subd. 2 of the code requires that minor and collector streets maintain a minimum right-of-way of 60 feet. The University is requesting a 10 ft. variance to allow for the existing 50 ft. right-of-way. Section 17.04 Subd. 4 of the code requires 10 foot drainage and utility easements along all lotlines. The University requested a variance to allow no such easements along the platted lots of this subdivision. Public hearing closed at 7:55. After some discussion by the commission, Kuettel moved to grant the variances on the findings that: a. the variance will not be detrimental to the public welfare; • b. the granting of the variance will not substantially diminish or impair property values or improvements in the area; c. the granting of the variance is necessary for the preservation and enjoyment of substantial property rights by re-establishing previous property lines and right of ways; d. the variance will not impair an adequate supply of light and air to adjacent property; e. the variance will not impair the orderly use of the public streets; f. the variance will not increase the danger of fire or endanger the public safety; g. the legal boundary history of the tract is such that strict adherence to the letter of the chapter would result in undue hardship to the owner. Huso seconded the motion and it passed unanimously. Salzberg moved University Gro~ approved. PUBLIC HEARING SATELLITE DISH Public Hearing to approve the preliminary and final plat for ve Subdivision 2. Seconded by Huso and unanimously ON REQUEST FOR A CONDITIONAL USE. PERMIT FOR A AT 1547 W. LARPENTEUR AVENUES BULLSEYE CENTER opened at 8:10. Brian Standing, planning intern, explained Edward D. Jones, an investment consultant firm with headquarters in St. Louis, plans to open an office in Bullseye Plaza at 1547 Larpenteur Avenue and has requested a conditional use permit to allow for the installation of a six foot diameter satellite dish antenna on the exterior rear wall of the building. The zoning for a B-2 district lists broadcast and telecommunications facilities as a conditional use. Kevin Alm, office manager, said the nature of the work requires uninterrupted computer and communications links with the firm's headquarters and with market information systems around the world. He stated his office cannot function without it. Tim Hilger, representing the property owner, American Family Insurance, explained the lease agreement between the property owner and the tenant addressed the location (rear recessed portion of the building) and mounting of the dish (exterior rear wall of the building abutting the alley) to protect the Bullseye • Center from any damage the dish might cause. Mr. Standing said that property • Center had been notified. None mentioned Mr. Jim Warner, owner visibility of the dish and was Snelling Avenue. Public Hearing closed at 8:25. owners within 350 feet of the objected. Administrator Hoyt of Falcon Center inquired on told it would not be visible from Discussion by the commissioners followed. Hoyt explained that a conditional use permit goes with the property, not the business and may be revoked if conditions are not met. Salzberg said that if all requirements were met for a CUP, it would be difficult to deny issuing one. All members unanimously agreed that if they recommended granting a CUP and that if an installation of a satellite dish should be requested by another business in the Center, it would require another C.U.P. and be independently evaluated. Salzberg moved that the conditional use permit be granted subject to the following conditions: 1. The antenna mounting hardware must be designed and installed to withstand wind speeds at least as high as the design standards for the antenna itself; 2. The antenna and all mounting hardware must be maintained in a safe and operable condition, and; • 3. That no portion of the antenna may directly overhang the alley. Motion seconded by Lampi and unanimously approved. INTRODUCTION OF THE PROPOSED REVISION. IN THE COMMERCIAL ZONES Brian Standing, Planning Intern, explained that the city's comprehensive plan adopted in 1991 called for some revisions in the city's commercial zones to eliminate some unusual zones, B-lA and E-B, and to establish a neighborhood commercial zone. Fred Hoisington, Consulting Planner, presented proposed changes which would include creating B-3, neighborhood business district, eliminating B-lA, which is a limited business district, and repealing EB, existing business district. Mr. Hoisington reviewed a draft of the proposed changes in the commercial zoning code. He was asked if any of these proposed changes would create a burden on existing businesses and he replied the intent is not to do that. Discussion followed. B-2 - Central Business District PART 9 - 9-10.01 B-2, subd. 2, Part t. Personal service establishments should be changed to include massage parlors and saunas for health purposes but should exclude adult use • facilities. k. Video arcades should be subject to the same conditions as a pool hall. Mr. Hoisington was asked to define Adult Uses and Adult Use Establishments. He agreed this should be done. Proposed B-3 Neighborhood Convenience Business District 9-11 O1 Subd. 2, f. Florist. Ms. Joyce Gimmstead of B & J Floral mentioned that her business had been re-zoned twice before. Ms. Gimmestad pointed out that B & J Floral was originally classified as a legal con-conforming use in a residential district. She said that she had petitioned the city to include B & J Floral as a permitted use in an E-B zone, and indicated that she did not wish to return to a legal, non-conforming use. Ms. Gimmestad expressed concern about her ability to rebuild her business establishment if it were more than 50~ destroyed. Mr. Hoisington suggested that zoning B & J floral as a Neighborhood Business (B-3) District would allow florists as a permitted use. Mr. Hoisington noted that although this option would be inconsistent with the Comprehensive Plan, the city could preclude expansion of the B-3 zone because the comprehensive plan did not include it. Ms. Gimmestad indicated that this alternative would be acceptable to her. The proposed B-3 district includes the existing auto service station as a conditional use. Steve Horazdovsky of Hamline Hoyt . Auto Service said that he would prefer to operate his business with no restrictions or conditions. Mr. Horazdovsky also expressed concern about his ability to sell his business in the future. Administrator Hoyt explained that Hamline Hoyt currently operates as a legal non-conforming use, and that the city has never required a conditional use permit for the business. Mr. Hoisington explained that the proposed ordinance as originally written would not have accommodated auto repair anywhere in the city. He also noted that the proposed B-3 ordinance was re-written to permit auto repair as a conditional use, with Hamline Hoyt specifically in mind. Mr. Hoisington asked the commission to direct any further concerns and changes they might have to Administrator Hoyt and she will keep him informed. Meeting adjourned 9:45 p.m. r ee Swenso R cording Secretary Susan Hoyt, Administrator