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HomeMy WebLinkAboutPCAgenda_95May22s PLANNING COMMISSION AGENDA May 22, 1995 7 p.m. • ROLL CALL: Tom Brace _ Lee Barry _ Alex Hanschen _ Paul Kuettel _ Wendy Treadwell _ Betty Wilcox _ Sue Gehrz _ 1. CALL TO ORDER 2. APPROVAL OF MINUTES April 24, 1995 3. CITY COUNCIL MINUTES 4. A public hearing on a request for a conditional use permit for additional sign area at Falcon Heights United Church of Christ, 1795 Holton Street (not to begin before 7:05 p.m.) 5. A public hearing on a request for a conditional use permit for additional building height at 2129 W. Larpenteur Avenue (not to begin before 7:10) 6. A public hearing regarding the addition of the definition of "sidewalk sale" to the zoning code (not to begin before 7:15 g.m.) • 7. Adjourn - ~ CITY OF FALCON HEIGHTS REGULAR CITY COUNCIL MEETING ~ `,- MINUTES OF MAY 10, 1995 • Mayor Baldwin convened the meeting at 7:02 p.m. PRESENT Baldwin, Gehrz, Gibson Talbot, Hustad, and Jacobs. Also present were Hoyt, Asleson, Maurer, and Sampson. COMMUNITY FORUM There were no comments from the floor. MINUTES OF APRIL 26, 1995 Minutes were approved as presented by unanimous consent. CONSENT AGENDA APPROVED Administrator Hoyt noted that staff had been able to find a lower bid for the top soil mentioned in item C-6. Larson Excavating will provide the soil for 5900.00. There being no objections from the council, this amendment was made to consent agenda item C-6. Motion was made by Councilmember Gehrz to approve the following consent agenda. Motion • carried unanimously. 1. Disbursements a. General disbursements through 5/4/95: 533,289.63 b. Payroll, 4/16/95 to 4/30/95: 510,888.37 2. Licenses 3. Authorization to contract for consultant services to review and update the city's tax increment capital plan 4. Authorization to proceed with landscaping plans for the lot in front of city hall 5. Authorizations for the city attorney to provide legal services related to the Falcon Crossing property tax court appeal 6. Authorization to purchase park benches and waste receptacles PUBLIC HEARING PUBLIC HEARING ON PROPOSED ASSESSMENTS .FOR THE 1995 ALLEY RECONSTRUCTION PROJECT Engineer Maurer gave a brief summary of the final costs associated with the alley reconstruction project. Assuming that some minor storm sewer work is performed, the final cost of the project will be 5151,406.18. This works out to 522.58 per alley frontage foot to be assessed to homeowners (the city pays 10% of the cost of alley reconstruction). This amounts to 51 129 for a typical 50 foot lot. • Mayor Baldwin opened the public hearing on this project at 7:14 p.m. There being no one wishing to be heard, the hearing was immediately closed. City Council Minutes May 10, 1995 Page 2 • POLICY AGENDA CONSIDERATION OF RESOLUTION 95-13, ADOPTING ASSESSMENT ROLL FOR THE 1995 ALLEY RECONSTRUCTION PROJECT Administrator Hoyt noted that affected property owners had received notices of their final assessment amounts due and that two responses had been received. The first was by new owners Steven and Amy Burd, 1491 W. California Avenue; who had not been informed of the pending assessment by their title company and are working with them on this issue. The second response was from Harold Arneman, 1403 W. California, who submitted a formal protest to his assessment amount, claiming that he should not be assessed the full amount on his corner lot due to a past higher assessment. Mayor Baldwin noted that the corner lot issue had been discussed at a previous council meeting and the council had determined that it would be inappropriate to adjust the assessment amounts on corner lots. Motion was made by Councilmember Gibson Talbot to adopt Resolution 95-13 as presented, with no adjustments to any property's assessment amounts. Motion passed unanimously. CONSIDERATION OF RESOLUTION 95-14, AWARDING A BID FOR THE 1995 ALLEY • RECONSTRUCTION PROJECT TO F.M. FRATTALONE The lowest bidder for the 1995 alley reconstruction was F.M. Frattalone, at S 1 1 1,306.55. City Engineer Maurer recommended accepting that bid. Councilmember Jacobs moved adoption of Resolution 95-14, awarding a bid in the amount of S 1 1 1,306.55 to F.M. Frattalone for the 1995 alley reconstruction project. Motion passed unanimously. PROPOSED REVISIONS TO THE ZONING CODE REGARDING GUN SHOPS AS A CONDITIONAL USE IN A B - 3 ZONE (ORDINANCE 95-01 AND RESOLUTIONS 95-12 AND 95-15) Administrator Hoyt explained that over the past two years the planning commission and city council had reviewed the business uses in the business district to make sure that they are compatible with each other and with the neighboring residential areas. Stores that sell firearms are the remaining use to be addressed. Firearms are a unique use in that the state preempts the city from any control over firearms with the exception of permitting zoning for firearms. This exception was created by the legislature in 1993. The planning commission recommended allowing gun shops as a conditional use in a B - 3 zone. Motion was made by Councilmember Hustad to approve Ordinance 95-01, Resolution 95- 12 (summary publication) and Resolution 95-15 (findings of fact). Motion passed • unanimously. City Council Minutes May 10, 1995 Page 3 REQUEST TO AMEND THE CITY CODE TO REQUIRE LEASHING OF CATS Jo Behm, 1417 W. California Avenue, requested that the council consider changing its cat ordinance to require that cats be leashed. Unleashed cats are killing birds in her neighborhood, spraying her front stoop, and harassing her small dog. Ms. Behm has spoken to the owners and they are not doing anything about the problem. Mayor Baldwin stated that it would inappropriate to use city ordinances to regulate the balance between predators (cats) and prey (birds). In addition, enforcement of cat laws is more difficult than dog laws, and would require the energy of the police department to chase cats up trees and so on. Administrator Hoyt noted that the ordinances that are already in place do make it a violation of code to own a cat that destroys or defecates on other people's property. The current ordinances do not, however, require leashing of cats. Councilmember Hustad stated that all of Ms. Behm's concerns appear to be covered by current ordinances with the exception of the killing of birds. Councilmember Jacobs noted that cat ordinances are difficult to enforce even when they exist and suggested that Ms. Behm continue to work with her neighbor to alleviate the • problem. CONSIDERATION OF ORDINANCE 95-02, DELETING FROM THE CITY CODE THE INTERIM MORATORIUM ON COMMERCIAL DEVELOPMENT Administrator Hoyt reported that the council's action on zoning for gun shops was the last step in the city's review of the commercial development district, and that it would be appropriate to repeal the commercial development moratorium from the zoning code. Motion was made by Councilmember Jacobs to adopt Ordinance 95-02, deleting from the city code the interim moratorium on commercial development. Motion passed unanimously. CONSIDERATION OF RESOLUTION 95-16, SUPPORTING THE NATIONAL LEAGUE OF CITIES' LOBBYING EFFORTS REGULATED TO THE ASSAULT WEAPONS BAN Mayor Baldwin reported that the National League of Cities, Falcon Heights' national lobbying organization, has requested the support of its member cities. They have asked that the city pass a resolution in support the League's opposition to the repeal of the national assault weapons ban. The League has taken the position that the ban is a good thing for cities and is proposing to oppose these efforts. • Charles Peterson, 1591 Garden, stated that he was a lobbyist for the United Sportsmen of Minnesota, although he was speaking as a private citizen in this instance. Mr. Peterson stated that he is opposed to the restriction of guns and that it is unnecessary to pass laws that aren't needed. City Council Minutes May 10, 1995 Page 4 U Mayor Baldwin explained that the city is preempted from passing any type of legislation on firearms with the exception of zoning. The assault weapons ban is a piece of federal legislation, not local. The city council's role is to determine whether to support the efforts of their national lobbying group. Mr. Peterson stated his opposition to the city even passing a resolution of support, even if they have no regulatory control. He also stated his opposition to the council's previous action of zoning gun shops as a conditional use. Councilmember Hustad said that he was uncomfortable with the council passing resolutions of support or opposition over matters where they have no jurisdiction. He explained that he is not necessarily uncomfortable with this topic, but rather with the process. Mayor Baldwin explained that the National League of Cities has asked for support on this topic in order that cities can show unity over a very controversial topic. Groups that are proposing to repeal the assault weapons ban are very united and organized, so cities must show the same unity. Motion was made by Councilmember Gibson Talbot to adopt Resolution 95-16, supporting the assault weapons ban. Motion passed with four ayes, zero nays, and one abstention (Hustad). CITY INFORMATION AND ANNOUNCEMENTS • Councilmember Gibson Talbot noted the need for new Human Rights Commissioners. Administrator Hoyt noted that 93 boulevard trees had recently been planted in the Northome neighborhood as a result of a Unitree grant. She also made miscellaneous announcements regarding upcoming city events. ADJOURNMENT The meeting was adjourned at 8:03 p.m. Tom Baldwin, Mayor Carla Asleson Recording Secretary • MINUTES REGULAR PLANNING COMMISSION MEETING April 24, 1995 PRESENT Tom Brace Lee Barry, Chair Paul Kuettel Wendy Treadwell Betty Wilcox ABSENT Alex Hanschen Ken Salzberg (LOA) ALSO PRESENT Susan Hoyt,Administrator Carla Asleson, Planner Sue Gehrz, Council Liaison Eric Galatz, Attorney 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 $'~#~i. 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 (one 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 ~~;~;~) 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) t'~?:i€t 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.5(d) 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 ~~~~~ • CITY OF FALCON HEIGHTS PLANNING COMMISSION ~y ITEM: A public hearing on a request for a conditional use permit for additional sign area at Falcon Heights United Church of Christ, 1795 Holton Street (hearing to begin not before 7:05 p.m.) SUBMITTED BY: Norman Broadbent, Minister Warren West, Business Operations Associate REVIEWED BY: Carla Asleson, Planner Susan Hoyt, City Administrator EXPLANATION/DESCRIPTION: Proposal Falcon Heights United Church of Christ proposes to install a sign on the Garden Avenue street front at the require three foot setback (see attachment 1). The proposed sign resembles a real estate sign with hooks to hang temporary signs highlighting key events. The height of the sign's structure is approximately 5 1 /2 feet above grade and the maximum sign area (assuming an 18" bottom clearance) is 12 square feet. • Zoning Code The zoning code permits churches, schools, and other institutions located in an R - 1 zone to have up to 50 square feet of sign area (9-4.01 subd. 6 (e-). Due to apre-existing use, the church currently has approximately 83 square feet of sign area in its two monument signs located at the corners of Pascal/Garden and Holton/Garden. All requests for sign area above the permitted 50 square feet require the issuance of a conditional use permit (9-4.01 subd. 6 (g)). In other city's codes, this might be called a "special use permit" rather than a conditional use permit. Unlike a variance, where the applicant must prove a hardship in order to exceed the zoning code, a conditional use permit must be granted if the applicant can meet both general and special, reasonable conditions governing the use as determined by the planning commission. Section 9-15.04 subd. 3 (a111 1) of the zoning code requires that the planning commission find that: "The architectural appearance and functional 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". Response to public notice and mailings The city published a notice on this public hearing and mailed letters to property owners within 350 feet of the property. To date, four property owners in the area inquired about the proposed sign. After learning about the sign's size and location, none of the four callers had objections. • • Analysis The proposed sign is very similar to a residential real estate sign. The code allows real estate signs up to ten square feet in area, making this sign compatible with other types of signage in the neighborhood. The church's intent for this sign is that it will replace the need for temporary signs on the property, which are more likely to cause a blighting influence than professionally-made signs made of a durable material. Staff Recommendation Staff recommends granting the conditional use permit with the following conditions: 1. The sign used shall not exceed 12 square feet of area and shall maintain a clearance of 18" above the ground at all times. 2. The sign shall be kept in a state of 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. This recommendation is based upon the following findings: 1. The use is in keeping with the city's comprehensive plan. 2. The use with the recommended conditions will not adversely affect the noise, traffic, health, or welfare of the surrounding neighborhood. • 3. The architectural appearance and functional 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. ATTACHMENTS: 1. Diagram of the proposed sign and location of the property ACTION REQUESTED: 1. Staff report 2. Questions of the staff 3. Questions of the church's representative 4. Conduct public hearing 5. Discussion 6. Motion to recommend approval of the requested conditional use permit with the conditions as noted above • o I i o • ~ - O O ~ O O ~ 4 . ~ or.c~~ O -~ o o v o ° ~ o O -- O o c ~ o~ a o °~ o o Z 0 O • J o O` -O O L 31," C 3.C~-~ 1 ~n 9 °, i~ 28 ~~ O ~" '~ o ~- o ~ .o W o m ..1 O Q _ ~gn PLANNING COMMISSION AGENDA May 22, 1995 7 p.m. • ROLL CALL: Tom Brace _ Lee Barry _ Alex Hanschen _ Paul Kuettel _ Wendy Treadwell _ Betty Wilcox _ Sue Gehrz _ 1. CALL TO ORDER 2. APPROVAL OF MINUTES April 24, 1995 3. CITY COUNCIL MINUTES 4. A public hearing on a request for a conditional use permit for additional sign area at Falcon Heights United Church of Christ, 1795 Holton Street (not to begin before 7:05 p.m.) 5. A public hearing on a request for a conditional use permit for additional building height at 2129 W. Larpenteur Avenue (not to begin before 7:10) 6. A public hearing regarding the addition of the definition of "sidewalk sale" to . the zoning code (not to begin before 7:15 g.m.) 7. Adjourn • ~~~-~~ CITY OF FALCON HEIGHTS PLANNING COMMISSION ITEM: A public hearing on a request for a conditional use permit for additional building height at 2129 W. Larpenteur Avenue (hearing to begin not before 7:10 p.m.) SUBMITTED BY: Lawrence Greenberg and Carol Kindschi, property owners REVIEWED BY: Carla Asleson, Planner Susan Hoyt, City Administrator EXPLANATION/DESCRIPTION: Proposal Mr. Greenberg and Ms. Kindschi are proposing a 32 foot high (grade to peak) addition to their existing home. The existing home, built in 1925 and before the adoption of the current zoning code, is constructed at a height of 34 feet. The addition would house a master bedroom suite on the upper floor and a "great room" on the lower floor. The proposed roof line is consistent with the current pitch of the roof. With the exception of the building's height, the addition meets all other requirements of the zoning code with respect to setbacks and lot coverage. ~~ Zoning Code • The zoning code allows single family homes in an R - 1 zone to be a maximum of 25 feet in height or two stories, whichever is less (9-4.01 subd. 4 (a)). All requests for additional height require the issuance of a conditional use permit (9-2.07 subd. 1). In other city's codes, this might be issued as a "special use permit" rather than a conditional use permit. Unlike a variance, where the applicant must prove a hardship in order to exceed the zoning code, a conditional use permit may and must be granted if the applicant can meet both general and special conditions governing the use as determined by the planning commission. The section of the zoning code that governs conditional use permits (9-15.04 subd. 3(a) (1 1)) requires that the planning commission find that: "The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence". Background In 1990, the applicants were granted a conditional use permit to operate a bed and breakfast facility out of their home. The current request does not require amending that conditional use permit because the owners do not propose to change or expand the bed and breakfast facility. This request requires a second conditional use permit on the property rather than an amendment to the 1990 permit because it is not related to the bed and breakfast facility. Once an addition is constructed, a conditional use permit for additional height cannot be revoked. The conditional use permit for the bed and breakfast could be revoked if the owners • do not meet the conditions set upon that operation. • Response to public notice and mailings The city published a notice on this public hearing and mailed letters to property owners within 350 feet of the property, including all owners of the Coffman Condominiums. As of this writing, staff has received no calls regarding this proposed addition. Analysis This is a unique residential property for Falcon Heights, Rather than being part of an established residential neighborhood with urban lots, this structure is adjacent to two large tracts of land, the University of Minnesota golf course and Gibbs Farm. It also has a significant setback from the road. A three story condominium complex is across the street to the south. The proposed addition is in keeping with the architectural style of the dwelling. Furthermore, an addition at the code's maximum of 25 feet would be out of keeping with the architectural style of the dwelling. Therefore, the proposed addition meets the zoning code requirement regarding approval for a conditional use permit. Staff Recommendation Staff recommends granting the conditional use permit for the construction of a 32 foot high addition to the existing home with the condition that it be constructed of building materials that match the existing structure. This recommendation is based upon the following findings: • 1. The use is in keeping with the city's comprehensive plan. 2. The use with the recommended conditions will not adversely affect the noise, traffic, health, or welfare of the surrounding neighborhood. 3. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence. ATTACHMENT: 1. Southern view of the proposed addition and location of property ACTION REQUESTED: 1. Staff report 2. Questions of the staff 3. Questions of the property owner or representative 4. Conduct public hearing 5. Discussion 6. Motion to recommend approval of the requested conditional use permit with the condition as noted above `~ «U~~~ i• U N. m~ . tm, ,..o ~,~~ ~~ r', :. ~. U l~ _ N _ -r t ~* ,,; :: ____~_~~~~1 }--_________.____iL_ G-reer~berq l K~ndsChi Reside„c,e, 212q W. Larpe.ntew" P4 Venues Sou.+h ~ 1 evaa-f-i o In - +~ropo seal J li m i 1 1 ~`~ WU/t$C S J I ~ t.ARPENTEUR AVE. 1~ ~j ~~ UNIVERSITY OF MINNESOTA ~; GOLF COURSE .~ o ~ , ~ ~-~- ~~~~ ~~ n ~,..a s CITY HALL UNIVERSITY & OF MINNESOTA > FIRE GOLF COURSE ~ STATION 0 2 t Z°- e CsitiBS y I lO P n. i 0 i l ~j,~s' i ~UC~^ ~'J M~}~ ,~-~~ -~~ • CITY OF FALCON HEIGHTS -~~ PLANNING COMMISSION ITEM: Public Hearing regarding the addition of the definition of "sidewalk sale" to the zoning code (hearing to begin not before 7:15 p.m.) SUBMITTED BY: Carla Asleson, Planner REVIEWED BY: Susan Hoyt, City Administrator EXPLANATION/DESCRIPTION: Chapter 9-10.01 subd. 5 (dl 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". This language is incorporated into the zoning code in order to prevent the outdoor sale of merchandise that is independent and unrelated to the abutting business. For example, under the code, Dino's Gyros can sell gyros and soda outdoors but could not sell flowers. The intent of the code is to prevent public safety hazards on very busy intersections and uncontrolled business in the city's spatially restricted commercial areas. Staff has had little difficulty with compliance thus far. What is missing in the current code is an actual definition of the term "sidewalk sale". Staff is recommending that the following definition be added to the zoning code to prevent future misunderstandings in interpretation: • 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. 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 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. ACTION REQUESTED 1. Staff report 2. Questions of the staff 3. Conduct public hearing 4. Discussion and determination of final wording 5. 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