Loading...
HomeMy WebLinkAboutPCAgenda_95Apr24PLANNING COMMISSION AGENDA April 24, 1995 7 p.m. ' ROLL CALL: Tom Brace -Lee Barry -Alex Hanschen _ Paul Kuettel _ Ken Salzberg - Wendy Treadwell Betty Wilcox Sue Gehrz - - 1. CALL TO ORDER 2. APPROVAL OF MINUTES March 27, 1995 3. CITY COUNCIL MINUTES 4. 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) (not to begin before 7.05 a m ) 5. Request for a 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) (not to begin before 7.15 ~ m ) 6. 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. (not to begin before 7.20) 7. Consideration of proposed addition to Chapter 9-1.02 of the zoning code related to the definition of the term "sidewalk sale" 8. Adjourn MINUTES REGULAR PLANNING COMMISSION MEETING March 27, 1995 PRESENT ABSENT ALSO PRESENT Tom Brace Ken Salzberg Susan Hoyt,Administrator Lee Barry Carla Asleson, Planner Alex Hanschen Sue Gehrz, Council Liaison Paul Kuettel Eric Galatz, Attorney Wendy Treadwell Terry Maurer, City Engineer Betty Wilcox Fred Hoisington Meeting was called to order 7:05 p.m. by Chair Barry. Minutes of February 27, 1995 meeting were approved as published. REPORT ON THE PROPOSED LANDSCAPING PLANS FOR LARPENTEUR AVENUE AND THE SNELLING AND LARPENTEUR COMMUNITY BUSINESS DISTRICT Hoyt gave a brief update on the city's 1991 comprehensive plan which addressed the need to upgrade the business district at Larpenteur and Snelling Avenues and improve landscaping and community identity when the opportunity arose. She said the county's plan to reconstruct Larpenteur Avenue from Dale Street to Eustis Street in 1997\98 provides the city with this opportunity. The city council had contracted with the Hoisington/Koegler Group approximately nine months ago to prepare preliminary plans for the improvements. Fred Hoisington and Terry Maurer, city engineer, were introduced. Hoisington explained there were four objectives they used as a guide when creating their preliminary plan. They were: 1. Develop an image for Larpenteur Avenue drawing on the unique characteristics of the corridor. 2. Create linkages across the street so the street, itself, is not a divider. 3. Minimize potential adverse impacts from an improved Larpenteur Avenue on adjacent land uses. 4. To bring people into the process that have a stake in what is going to happen. Planning Minutes 3/27/95 Page 2 Mr. Hoisington explained the plan started out with a corridor inventory or evaluation, additional meetings were held with representatives of 1666 Coffman, the State Fair, the University, some cost estimating was done and the plan is now ready to be presented to the public. Maps were displayed showing the zones to be changed or redeveloped. He explained the agricultural concept should be preserved with landscaping, and perhaps, a unique redesign of the fairground entrance. Landscaping will preserve and enhance the uniqueness of this Falcon Heights corridor. A sidewalk is planned for only one side (the side that is most used). The city staff will be meeting individually with the University, Fairground, 1666 Coffman, golf course, business owners and residents to get any special ideas they may have. The estimated project cost is S 100,000,000. Funding sources are still being negotiated. Mr. Hoisington stressed the landscaping plans need to go to the county by July, 1995. Discussion and comments followed. Brace moved that the Hoistington/Koegler Group continue with the concept design. It passed unanimously. CONSIDERATION OF PROPOSED AMENDMENTS TO THE CITY'S ZONING CODE RELATED TO ZONING TO GUN SHOPS Hoyt briefly reviewed the decision made at the February 27, 1995 meeting to make gun shops a conditional use at a location with a maximum distance from protected uses. She said measurements indicate that the northwest corner of the Snelling and Larpenteur Community Business District (Amoco Station location) is the furthest retail area from protected uses and is the most buffered from residential areas. Hoyt and the commissioners reviewed and discussed the proposed 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. They are: 1. Chapter 9 part 1.01 subd.2 definitions to include definitions of firearms, antique firearms, firearms deal and gun shop. 2. Chapter 9 part 8.01 subd.2k to exclude gunshops as a permitted use • from small miscellaneous retail shopping goods stores in a B-3 zone. Planning Minutes 3/27/95 Page 3 3. Chapter 9 part 10.01 subd.2o to exclude gun shops as a permitted use from miscellaneous retail establishments in a B-3 zone. 4. Chapter 9 part 10.01 subd. 3i to include gun shops meeting specific criteria as a conditional use in a B-3 zone. After further discussion, the commission proposed adding ![~~ to the definitions in Chapter 9 part 1.01 Subd.2: And changing Chapter 9 part 10.01 subd.3i list of conditions to read: i. Gun shops are a conditional use on the northwest corner of Snelling and Larpenteur as long as the following conditions exits: 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 another 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. Brace moved to schedule a public hearing on the proposed zoning code amendments for the April 24, 1995 planning commission meeting. Seconded by Treadwell and passed unanimously. Meeting adjourned at 8:45 p.m. Carla Asleson, City Planner Dee Swenson, Recording Secretary CITY OF FALCON HEIGHTS REGULAR CITY COUNCIL MEETING MINUTES OF MARCH 22, 1995 Mayor Baldwin convened the meeting at 7:01 p.m. PRESENT Baldwin, Gehrz, Gibson Talbot, Jacobs. Also present were Hoyt, Phillips, Maurer and Sampson. ABSENT Hustad, Asleson COMMUNITY FORUM There were no comments from the floor. MINUTES OF MARCH 8, 1995 Minutes were approved unanimously as presented. CONSENT AGENDA APPROVED Motion was made by Councilmember Gehrz to approve the following consent agenda. 1. Disbursements a. General disbursements through 3/16/95, 590,909.67 b. Payroll, 3/1 /95 to 3/15/95, 512,148.84 2. Approval of fire department capital purchase 3. Request for authorization to prepare plans and specifications and advertise for bids for the 1995 street sealcoating project 4. Request for authorization to prepare specifications and advertise for bids for the roof of city hall 5. Authorization for the purchase of two personal computers for administrative/secretarial use and one personal computer with corresponding software conversions for finance/accounting use 6. Request for authorization to hire a streetsweeper for the city's spring and fall streetsweeping Motion carried unanimously. Page 2 Council Minutes 3/22/95 POLICY AGENDA REVISITING THE ALLEY ASSESSMENT FOR SPECIFIC PROPERTIES LOCATED IN THE 1995 ALLEY RECONSTRUCTION PROJECT Mayor Baldwin gave council a brief update on the reason behind the request to revisit the 1995 alley assessment. The reconstruction of Albert and Pascal Streets in 1982 affected certain properties in the Northome area and those properties were assessed based on the full length of their sideyard rather than on the 50' front length. Because they were assessed an additional amount and because the situation was unique, the policy was changed from 1982 to 1984 for the same street project after the fact, Mayor Baldwin requested the council to adjust the '95 alley assessment by reducing the assessment by $500 for single property and $1,000 for the apartment property. Councilmember Gehrz indicated she was not comfortable going back to this and feels the time to challenge that decision was in 1984, not 1995. Councilmember Jacobs said the only way to determine a fair assessment is based on what the added value is to the property in a realistic sense. He said the assessment policy should have a ceiling and a cap. Jacobs also felt these property owners had the option to contest the assessment back in 1982. Councilmember Gibson Talbot felt this request could present potential difficulty with other past projects and questioned the issue of what precedent the council might be setting. Attorney Sampson said there was no definitive legal answer on this, it could be construed as precedent but could also be construed as unique. She said the time to appeal would have been in 1984. Mayor Baldwin said the next step would be for a Councilmember to make a motion to revisit the alley assessment for specific properties located in the 1995 alley reconstruction project. No motion was made. UPDATE ON UPCOMING COMMUNITY EVENTS Administrator Hoyt updated the council about several community events tentatively scheduled for the next few months. They are a volunteer recognition dinner, neighborhood watch block captains meeting, tree care workshop, an Arbor Day celebration, citywide garage sale and rescue open house/bicycle safety day. Council felt that since the garage sale and rescue open house/bicycle safety are scheduled on the same day, there might be a conflict. Administrator Hoyt said she would talk to the rescue department to see if a different date might work out for them. i Page 3 . Council Minutes March 22, 1995 UPDATE ON POLICE SERVICES Chief Engstrom presented council with police statistics in Falcon Heights since the St. Anthony Police Department took over on January 1, 1995. The traffic enforcement is considerably heavier than it was in the past and overall, he said we have a "healthy" city with very little crime. The officers are patroling constantly through the parks, business area and neighborhoods. They occasionally will stop to visit with a businessowner or a resident if they are in the yard. Chief Engstrom and his officers want the community to feel comfortable with the police and want them to become involved in "community policing". Chief Engstrom answered council's questions about the weekly reports, court system and the ride-along program. CITY INFORMATION AND ANNOUNCEMENTS Councilmember Jacobs reported the local recycling spot market is up and that is why E-Z Recycling has decided not to raise their rates on the contract the city has with them. According to the terms of the contract, they could have raised their rate by 2.9% and by not doing so, a substantial savings is passed on to the city. Mayor Baldwin invited everyone to attend Arbor Day celebration on May 19th at the Falcon Heights School. Jan Gibson Talbot said that the Human Rights Commission attendance has been down. Administrator Hoyt announced that streetsweeping is scheduled for the first or second week in April. ADJOURNMENT The meeting adjourned at 8:50 p.m. Mayor • Acting Recording Secretary CITY OF FALCON HEIGHTS PLANNING COMMISSION ITEM: A public hearing on a 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) SUBMITTED BY: James Ladner, Property Owner (on behalf of William Erickson, proprietor) REVIEWED BY: Carla Asleson, Planner EXPLANATION/DESCRIPTION: Proposal Mr. Erickson is the proprietor of the Falcon Futons and Area Rugs store in the Northome Shopping Center. He is requesting a conditional use permit to sell used furniture out of the basement of the Falcon Futons store. He will also be renting storefront space to advertise this portion of his business two doors away from the Falcon Futons store, but will not actually operate from that space. The furniture to be sold would be obtained from area estate sales. Zoning Code This 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 1n)- The zoning code defines secondhand goods store as: "Any store engaged in the business of selling or receiving tangible personal property which has been previously used, rented, owned, or leased, but excluding stores which engage in the sale of any used: automobiles; electronic equipment such as stereos, cameras, computers, televisions, audio and video equipment, and similar equipment or appliances; jewelry or precious gems; or guns. Stores which engage in any pawning activity whatsoever fall within the definition of "pawn shop" and shall not be included within the definition of "secondhand goods store." 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. As of this writing, staff has received one call regarding the proposed business. This call came from the owner of a nearby shopping center, who had no objection to the proposed use. Conditional Use Permit A conditional use permit goes with the property, not with the business. The planning commission must recommend approval of a conditional use permit unless the commission can demonstrate that the property owner cannot satisfy all the reasonable conditions governing the use. • Staff Recommendation Staff recommends granting the conditional use permit specifically for the sale of used furniture and household furnishings (such as lamps) rather than a broader permit because of the store's basement location. A change in the type of merchandise sold would require an amendment to the conditional use permit. Staff recommends that the following conditions be 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 no 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. As with any business, this business will also be required to meet all applicable city codes. This recommendation is based upon the following findings: 1. The secondhand goods store 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. ATTACHMENTS: 1. Location of proposed business 2. Letter of application and statement of use by the proprietor ACTION REQUESTED: 1. Staff report 2. Questions of the staff 3. Questions of the proprietor and/or property owner 4. Conduct public hearing 5. Discussion 6. Motion to recommend approval of the requested conditional use permit • • i~ i 1 1 1 1 1 1 ~~~ 1 1 ~. 1 . ~ .~. 1 1~ 1 1 1 !~ I i .,. - - --:J--- - - ---------- I , 1 ~ ~ i i00t3Mt [..._ ~ ._ _ t. 1 ~ 1 .1. • ~ -~--r~ a.. ~ I _ i at ~ - - ~-= 1 .. . . 1 ~yyy~W •~• • - 1 1 ~ ~ i 1 ~ 1 t ~ 1 1 1 1 3rwawv eNnt3w 1 ~ i~-~ 1 1 1 1 1 1 ~~ ~' a ~~~ ~~ ---- ------ ~~ ~C E ~~-JU l v n • • • ~ ~ ~~ ~ ~ o-w, e~.e~,-c~.,~.rm .~ .~.m.c.~.a.i.c2.L~~..uve,e9 n .-~_w .~~~:rcn.o-umc1~ ~..un .~rr~rn .t~~ o~n ~~ ~ c~.2,c.¢~n~ 0 U w~u.~2~ -~ snIlu~~ ~t,C1UC~Q,~ U ,Q1Y~a~ RmC~ QQ.~ ~LLU~1, 3 Lk-CLC( Clm~ C i , . ~l-c'JZJ~UYrt.~.O /)~ rl _ , p,,, ~R4J<d ~Q,~rn,~ `_ Jrv u .~ncic~ea, .+t~: _ _ 1.~.~ ,~..xrA4 ..m c~1- .gym amy ~u~ `~' • City of Falcon Heights Planning Commission April 24, 1995 ITEM: 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) SUBMITTED BY: Susan Thimsen, property owner, 1857 Fairview REVIEWED BY: Carla Asleson, Planner Susan Hoyt, City Administrator EXPLANATION/DESCRIPTION: Backaround Chapter 9-2.04 subd. 2 (bl of the zoning code limits lot coverage of all detached accessory structures to "not to exceed more than 40% of the required rear yard (30 ft deep x lot width) or a maximum of 1,000 square feet. Accessory structures are typically garages, utility sheds, and/or free standing gazebos or screen porches. The limit on lot coverage of accessory structures is necessary to limit the open space in rear yards in city neighborhoods. Clearly, filling a rear yard with buildings detracts from the residential character of the neighborhood. The size limit on accessory structures is also useful to help restrict very large garages or pole barns from being built on residential properties. Thee can detract from the residential character of the neighborhoods, where lot widths vary from 50 feet to 100 feet, and also become used for storage and outdoor businesses that may not be in keeping with single family residential land use. Reauest for Additional Accessorv Structure Sauare Footaae The property owner and applicant, Ms. Susan Thimsen, is requesting a 279.25 square foot variance from the 1,000 square foot maximum to have a total accessory square footage of 1279.25 square feet. The property in question is 106.25 feet wide. Using the 40% of rear yard formula, Ms. Thimsen would be allowed 1,275 square feet of accessory structures (30 x 106.25 x 40% = 1,275 square feet). However the 1,000 maximum supersedes the 40% rule. Ms. Thimsen is proposing to replace her existing garage, which is divided inside by a concrete wall that separates the garage parking area from a wood shop 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 (accessory structure) in the rear yard. The proposed total accessory structure square footage is: 558.00 sq. ft.- proposed new garage 581.25 sq. ft -existing garage/proposed storage area 140.00 sq. ft -existing utility shed Total proposed detached accessory building area = 1,279.25 square feet (279.25 sq. ft. more than is allowed by code) Other Items to Note in the Reauest • Ms. Thimsen made a request for a similar variance in 1992. In that case, she was granted a variance to place a porch area behind her existing garage. These plans were never completed. Anew variance is needed for this request since 1) variances expire if the building is not completed within one year and 2) the design layout is different from the original proposal. • The request shows the new garage's setback at 4 1 /2 feet from the side lot line. This is less than the 5 feet ordinarily required for a detached garage. However, the zoning code allows for adding to a garage at the existing setback, provided that the addition does not encroach further into the setback area. If the planning commission grants a variance in the maximum lot coverage requirements, a setback variance will not be necessary. • • The proposed front setback of 50' is behind the front line of the house and meets the zoning code without a variance. • The lot is 450 feet deep and a total of 47,812.50 square feet, which is significantly larger than most lots in Falcon Heights. DISCUSSION The Thimsen's have one of the largest lots in Falcon Heights, at 106.25' wide x 450' deep (47,812.50 sq. ft.l Atypical lot in the Northome neighborhood, by comparison, is 50' wide x 123' deep (6,150 sq. ft.l Therefore, 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 new garage is proposed to be built at a standard size. According to the building official, a garage must be at least 22' x 22' in order to park two smaller cars inside. The garage proposed by the Thimsen's is 23.25' x 24'. If the variance is granted, Ms. Thimsen has indicated that the garage access door for the existing garage would be removed and replaced by a wall once the new garage is built. This would prevent the parking of vehicles in the new storage area and keep only a two car garage on the site. Ms. Thimsen plans to have a small service door between the garage area and the storage space. STAFF RECOMMENDATION Staff recommends that this variance in lot coverage be granted for the following reasons: 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 (see standards for granting a variance, attached). If the variance is granted, staff recommends the following conditions 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. • ATTACHMENTS: 1. Site Plan 2. Letter of request from property owner 3. Location of property 4. Standards for granting a variance 5. Proposed resolution ACTION REQUESTED: 1. Staff report 2. Questions of the staff 3. Questions of the property owner 4. Discussion 5. Motion to approve resolution recommending approval of the variance • GENERAL COMPUTATION SHEET FORM ,~-4,03 ~~j ~ Northern States Power Co J PROJECT SUBJECT E N0. SHEET NO OF DATE COMP. BY C'K'D BY 0 8 March, 1995 Dear City Planners, 0 We would like to add on to a garage which would result in an accessory building which exceeds the 1,000 sq. ft limit for such structures. The proposed structure would be a total of 1,273 sq. ft. Our lot is one acre in size. The garage on our property was originally a single car garage. A previous owner put an addition on one side for a wood shop and off the back for storage. So although the existing structure is the size of a two car garage there is space to park only one vehicle inside of it. The single car space is only 19.5 ft long, barely accommodating our mid size van. We propose building an additional two car garage in front of the existing one. In order to avoid a 'blocky' look from the street we propose to build the new garage with a gabled roof and two dormers facing the street, much like the adjoining property to the North of us. 0 The setback along the North side of the existing garage, and proposed garage addition is 4.Sft. We need a variance for this also, since codes state it should be 5'. • Thank you for your consideration of this matter. Sincerely, (~ ~//~ ~r`f-47it-~ Susan Whitby Thimsen • • 1 1 1 It i-i- 1 1~ 1 1 1 1~ 1 1 1 1 1 1 1 1 1~ 1 1 ~5 Z~~ ~~~L~OOF -- m 0 ©~ m a 1 1 1 1 1 n 1 ~ k 1 ~• ; - _ i' 1 1 . 1 ~ ~ 'T". - - i _ C ~ 1 - _ - ; C• 1 • • • • oee~e ego eeoeo eee ee • •- ~ • e •: F~ ~ ~-r--uJ--L-IJJJJ e o ego a W• _ .z • 1 W e ' 8 - 1 I ~ ` • • e e ego a • ~ . vi . ~ ri • Y : ` • ~ i ~ eee oe • • •eo • •eee eo oee • •` o o ` B • • • <.• •; ~ ~ C e® • , ~ • ~• 0 0 e eee ~ 1 o• ego o e o e • - I 1 ® e 1 ~~0 1 • e. e . • IrL ~ I ~ 1 • L~.L 1 - BfW3AV DN1~73NS 1 .~--.r--~--~ 1 w~ 0 °~ ~J~ o0o p m o ~ F oa ~o_ ~o ~ a J e ;_ ~ o ~ p ~ - ~/ 4 STANDARDS FOR GRANTING A VARIANCE 9-15.03 Subdivision 4. Standards for Granting of Variance. No variance shall be granted unless the city council shall make without qualification on the basis of evidence presented at the meeting the following findings: a. That the granting of the variance will not be detrimental to the public welfare; b. That the granting of the variance will not substantially diminish or impair property values or improvements in the area; ~. That the granting of the variance is necessar~~ For the pi.nervation and enjoyment of substantial property ~lghts; d. That the variance will not impair an adequate supply of light and air to adjacent property; e. That the variance will not impair the orderly use of the public streets; f. That the variance will not increase the danger of fire or endanger the public safety; g. Whether the shape, topographical condition or other similar characteristic of the tract is such as to distingu~_sh it substantially from all of the other properties in the zoning district of which it is a part, or whether a particular hardship, as distinguished from mere inconvenience to the owner, would result if the strict letter of the chapter were carried out; h. Whether the variance is sought principally to increase financial gain to the owner of the property, and to determine whether a substantial hardship to the owner would result from a denial of the variance; i. Whether the conditions which give rise to the application for the variance arose after the adoption of this chapter of the code of the City of Falcon Heights or any amendment thereto which placed the tract in a zoning district different from what it was under the chapter. In the consideration of this item, the city shall make diligent ~.~3uiry as to all changes in the property and shat-~ refuse to grant the variance if the problem is one that can be solved through a proper application of a conditional use permit or an amendment of the zoning code. Financial hardship shall not be a basis for the granting of a variance when the owner purchased the property in reliance on a promise that a variance would be granted, and the city shall dismiss the appeal if it shall appear that the property was purchased on such reliance. 0 • No. 95-02 Date: 4/24/95 CITY OF FALCON HEIGHTS PLANNING COMMISSION RESOLUTION ------------------------------------------------------------------------------------------------------ RESOLUTION RECOMMENDING APPROVAL OF A VARIANCE FOR 1857 N. FAIRVIEW AVENUE On April 24, 1995, the Falcon Heights planning commission recommended granting the following variance for 1857 N. Fairview Avenue: Chapter 9-2.04 subd. 2(bl in the maximum lot coverage of detached accessorv buildings on an R-1 lot. A variance of 279.25 square feet of building area to allow 1,279.25 square feet of detached accessory building space where 1,000 square feet is allowed by the zoning code. The planning commission recommeded approval of this variance with the following conditions: 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. The plannina commission adopted the following findings for recommending the arantina of the variance at 1857 N Fairview Avenue: a. That the granting of the variance will not be detrimental to the public welfare; b. That the granting of the variance will not substantially diminish or impair property values or improvements in the area; c. That the granting of the variance is necessary for the preservation and • enjoyment of substantial property rights; d. That the variance will not impair an adequate supply of light and air to adjacent property. i e. That the amended variance will not impair the orderly use of the public streets; f. That the variance will not increase the danger of fire or endanger the public safety; g. That a particular hardship, as distinguished from mere inconvenience to the owner, would result if the strict letter of the chapter were carried out; h. That the variance is not sought principally to increase financial gain of the owner of the property and that a substantial hardship to the owner would result from a denial of the variance. • • CITY OF FALCON HEIGHTS PLANNING COMMISSION Meeting Date: 4/24/95 Agenda Item: 6 ITEM: 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. SUBMITTED BY: Susan Hoyt, City Administrator REVIEWED BY: Eric Galatz, Attorney EXPLANATION/DESCRIPTION: At the February and March meetings, the planning commission discussed the inclusion of gun shops as a conditional use in a B-3 zone with specific distances from protected uses. The proposed zoning code amendments accomplish this with the following conditions: Chapter 9 Part 10 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 from an residential zone exce t for a Y p 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. ATTACHMENTS: 1. Proposed zoning code changes 2. Findings related to the location of gunshops ACTION REQUESTED: 1. Staff Report 2. Questions from Commissioners • 3. Public Hearing 4. Discussion by Commissioners 5. Adopt proposed amendments to the zoning code. • Chapter 9-Subd. 1.02 12 SUMMARY OF PROPOSED CODE CHANGES Part 8 Chapter 9 Subd. 2 - Neighborhooa Convenience District j. Offices, business and professional. k. Other small miscellaneous retail sho~ping•••goods stores (excluding repair and service <~}.>< ~~~Y~z~'~~~' havin a maxim ~~ :::;;::::.::::<.>:.:~.::;•:) g um floor area~~~<.>of.:;;;::~::~;~;~>:wsquare`~~~~ feet•••whch sell food, apparel and small specialty shopping goods including antique, sporting goods, book, stationary, jewelry, camera, novelty and optical stores (SIC 594) and small cafes and restaurants. Part 10 Chapter 9 Subd. 2 - Community Business District o. Miscellaneous retail establishments (SIC 59) including anti a stores but excluding fuel dealers (SIC 5 9 8) .~:~:,• '~ :~3'~'~;~"`":~ p. Motion picture theaters (SIC 7832). • q. Offices, business and professional. Part 10 Chapter 9 Subd. 3 Conditional IIses •: wwar ~~: :..:<:6Fr.:ayr:•::::SpcgS.:t:.::•K r..l::q,.....:::::.; ~:,.:....~,•ax~ ..:>rr;-~~u•:FS. •>'{+c;;.yc.;:; ~..::•:.:;;: rx..v .... c! .:............:::::::::;;;:.; .....,,.: ::.::..:........ ... .. .v............. . ,.. .::. ....: • ~. .:« . .. •:• r....... .. .. :,c..< •x:...,~.'<dx,.,.,.a~wet,'+san.•aa. s~.w~:;;,edf•:~rena~x.+.• :.,o..•,w.:•:;;:a.•,o::a:•iu:...•x:•: Part 8 Chapter 9 Subd. 2 - Neighborhood Convenience District • Subdivision 2. Permitted Uses. No structure or land shall be used except for the following specific uses (SIC = Standard Industrial Classifications from the Office of Management and Budget, SIC Manual, 1987): a. Barber shops (SIC 724) except barber colleges. b. Beauty shops (SIC 723) but excluding cosmetology schools. c. Convenience grocery stores (SIC 5411) excluding motor fuel facilities. d. Coin and philatelic (stamp) stores. e. Drug stores/pharmacies (SIC 5912). f. Dry cleaning and laundry pickup stations including incidental pressing and repair (SIC 7211, 7212) with a maximum of six employees. g. Florists (SIC 5992). h. Laundromats - self serve (SIC 7215). • i. Medical and dental offices and clinics (SIC 801- 804) . j. Offices, business and professional. k. Other small miscellaneous retail shopping goods stores excludin re air and service ~'~`~a~t< ( g p :'`'~><`~c~`>`i~?) havin a maximum floor area'~~~o~<."'1 0()~~~ ~~square feet which sell food, apparel and small specialty shopping goods including antique, sporting goods, book, stationary, jewelry, camera, novelty and optical stores (SIC 594) and small cafes and restaurants. • 61 • Part 10 Chapter 9 Subd. 2 - Community Business District Subdivision 2. Permitted Uses. No structure or land shall be used except for the following uses (SIC = Standard Industrial Classifications from the Office of Management and Budget, SIC Manual, 1987): a. Auto parts and accessory stores. b. Apparel and accessory stores (SIC 56). c. Beauty and barbershops (SIC 723 & 724). d. Bowling alley e. Coin and philatelic (stamp) store. f. Computer programming and data processing services (SIC 737). g. Eating establishments (SIC 5812). h. Financial institutions and insurance establishments with hours open to the public no earlier than 8 a.m. and no later than 6 p.m. An automatic teller machine may operate 24 hours a day. i. Food stores (SIC 54) excluding the outdoor sales of produce, meat and seafood. j. Hardware stores (SIC 5251). k. Home furnishing, appliance and equipment stores (SIC 57) . 1. Laundry, laundromat and dry cleaning establishments (SIC 7212, 7215 and 7219). m. Mailing, reproduction, commercial art, photography and stenographic services (SIC 733). n. Medical and dental offices and clinics (SIC 801- 804) . o. Miscellaneous retail establishments (SIC 59) including antique__store.s but excluding fuel dealers (SIC 5 9 8 ) :€~7>j„ p. Motion picture theaters (SIC 7832). q. Offices, business and professional. • 69 • Part 10 Chapter 9 Subd. 3 Conditional Uses Subdivision 3. Conditional Uses. The following uses are permitted subject to the issuance of a C.U.P. a. Animal grooming and pet stores provided there shall be no boarding of animals on the site. b. Bank drive-in facilities as an accessory use to a financial institution with hours open to the public as identified in the conditional use permit. c. Basement storage of goods not sold on the premises provided that the space is completely finished and ready for use, is sprinklered, has elevator access, provides two pedestrian accesses, has an existing loading dock or area that does not conflict with adjacent residential areas or entry to businesses and is approved by the city fire marshal. d. Car washes which are accessory to the principal use and meet the requirements for service stations, Section 9-14.01, Subdivision 17. e. Child care and nursery school facilities subject to licensing by the State of Minnesota. f. Charitable gambling establishments as a principal use in accordance with the city's licensing requirements, Chapter 5, Section 3 of the city code. g. Custom manufacturing of handmade goods that are sold on the premises provided the manufacturing operation is incidental to a retail operation. ~` ~~> ::: <;.:.e:<::<:~s 71 h. Drinking establishments, bars and taverns (SIC 5813) subject to the city's licensing requirements, Chapter 5, Section 3 of the city code. J ?~~< j. Hotels and motels by P.U.D. (SIC 701). k. Motor fuel or service stations subject to thedesign and performance standards as specified in Section 9- 14.01, Subdivision 17 of this code. 1. Multi-family housing by Planned Unit Development. m. Pool halls and billiard parlors meeting the following minimum conditions and other conditions as deemed necessary at the time of application: (i) no electronic games (ii) hours of operation from 9 a.m. to midnight (iii) exit and entrance toward Larpenteur or Snelling Avenue, not toward the adjacent residential neighhood • (iv) parking accommodated along the building's facade facing Snelling or Larpenteur Avenues, not along the building's facade facing the adjacent residential neighborhood (v) security personnel as deemed necessary at the time of application for a permit and at the annuel review of the permit n. Satellite communications dishes as an accessory use. o. Second hand goods store, as defined in the zoning code. p. Veterinary clinics with no boarding of animals on the site and no external runs. 72 ~~ 2. City of Falcon Heights . Report on Findings Related to the Location of Gun Shops DATE: 27 March 1995 TO: Mayor and Councilmembers Planning Commission FROM: Susan Hoyt, City Administrator RE: Findings related to the location of gun shops After reviewing the Gun Shop Zoning Study by the City of St. Paul, the Report from the State of Minnesota Administrative Law Judge in the Application of the St Paul Firearms Company for a Firearms Dealer's License at 634 North Snelling Avenue, 1993, and A Survey of Experiences. Perceptions and Apprehensions About Guns Among Young People in America prepared for the Harvard School of Public Health, conducted by LH Research Inc., 1993, which are on file with the City of Falcon Heights, the following findings relating to the location of gun shops are made: 1. Children's unsupervised exposure to firearms can create potential images of violence for children and cause them to be afraid. 2. Children's unsupervised exposure to firearms may stimulate an interest in guns and may be associated with increasing violence in society. 3. Gun shops may reduce residential property values due to the number of burglaries that occur at gun shops. 4. The City of St. Paul minimized potential negative impacts from the location of gun shops on children and residential property values by adopting zoning regulations that locate gun shops and shooting galleries in an industrial zone at least 1,000 feet from all residential zones and at least 1,000 feet from all protected uses (school, identified day-care, churches and parks). 5. The City of Falcon Heights, which abuts the City of St. Paul and shares some similar neighborhood characteristics with the neighborhoods along the northern border of St. Paul, finds that minimal radial distances within the city's community business district are necessary to protect children and residential property values from the potential negative impacts of gun shops in the city. 6. The City of Falcon Heights is uniquely configured. At this time the city cannot adopt uniform minimum 1,000 foot distance requirements from all residential and protected uses in the city and still provide a zoned location for a gun shop. • Therefore, the zoned location for a gun shop is conditioned upon minimal distances of 750 3/27/95 • Findings Page 2 feet for parks, 1,000 feet for schools and churches and 150 feet for a residential zone that is buffered by a separate commercial facility. 7. The minimal distances designated in the City of Falcon Heights zoning code are subject to change by a zoning amendment, if the city's land use configuration is altered to permit an increase in minimum radial distances between gun shops and residential zones and between gun shops and protected uses; or if there is new information that may be cause for the city to amend the zoning requirements governing the zoned location of gun shops in the city. • CITY OF FALCON HEIGHTS PLANNING COMMISSION ITEM: Consideration of proposed addition to Chapter 9-1.02 of the zoning code related to the definition of the term "sidewalk sale" SUBMITTED BY: Carla Asleson, Planner REVIEWED BY: Susan Hoyt, City Administrator EXPLANATION/DESCRIPTION: 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". 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: 9-1.02 subd. 2 1151) Sidewalk Sale. The selling of goods just outside of the front or side entrance of a business 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. This definition would clarify that the sidewalk sale must be conducted by the owner or proprietor of the business. For example, it would prevent the owners of a shopping center from leasing sidewalk sale space to a vendor other their existing businesses. ACTION REQUESTED • Review proposed definition of sidewalk sale • • If desired, schedule public hearing on zoning amendment for May 22, 1995 meeting