HomeMy WebLinkAboutPCAgenda_93Jul26•
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PLANNING COMMISSION AGENDA
July 26, 1993
7:30 p.m.
ROLL CALL: Kay Andrews Lee Barry _
Steve Huso Paul Kuettel
Ken Salzberg
1. CALL TO ORDER
2. APPROVAL OF MINUTES
May 24, 1993 regular meeting
June 7, 1993 special meeting
June 28, 1993 regular meeting
3. CITY COUNCIL MINUTES
Len Boche _
_ Lisa Lampi
4. Request for a variance of two feet in the required five foot
sideyard setback for 1731 Pascal Street in an R-1 zone
Chapter 9 - Section 2.04 Subdivision 1 (d) of the zoning
code
5. Public hearing and proposed adoption of the proposed
revisions in the city's commercial zoning code
6. Public hearing and consideration of revisions to the
commercial development moratorium Chapter 5 Section 5.02
Development Restrictions and Applicability
7. ANNOUNCEMENTS/INFORMATION
8. ADJOURN
•
• MINUTES
REGULAR PLANNING COMMISSION MEETING
JUNE 28, 1993
PRESENT: ABSENT: ALSO PRESENT:
Lee Barry Kay Andrews Susan Hoyt, Administrator
Len Boche Steve Huso Paul Ciernia, Council Liaison
Paul Kuettel
Lisa Lampi
Ken Salzberg
Meeting was called to order at 7:35 by Chair, Lee Barry.
Minutes of the May 24 regular meeting and the June 7, special
meeting could not be approved due to lack of a quorum.
REVIEW FOURTH DRAFT OF THE PROPOSED COMMERCIAL ZONING CODE
Susan Hoyt, administrator, presented proposed changes recommended
in the fourth draft of the proposed commercial zoning code for
the commissions approval.
She explained in Part 8, "B-1" Neighborhood Convenience
Business District, that every business in this section would be a
permitted use except Hamline Hoyt Auto Body which would be
conditional.
In Subd 2, e. an extra SIC code was added changing the wording to
read: Dry cleaning and laundry pickup stations including
................................................................................................................................
incidental pressing and repair t~~......;<,,,,,,,,..
fine:>:€a~~ .
Hoyt said Attorney Bachman had recommended that everything having
to do with the moratorium be removed from this draft because
their uses are clearly addressed in the moratorium. Because of
this recommendation, in Subd 2 j . b~e~~tel~-~-~t~= == t~i~=
would be excluded.
In Subd 3 a, which reads, 2. The structure and use shall not be
expanded without city council approval. Bachman suggested
..............................................................................................................................................................................................................
addina, ~'~s~d<:>~t~~ri<<:~i~'~~;~r~ ~t. h _ _ ~ ~.~~....~.5 ~u~.ther.ance....~~
council neeas to approve iL.
as a reason why city
Subd. 5. Lot Area, Heights, Width, Use, size and Yard
Requirements. Hoyt recommended that the maximum lot coverage
requirement of 75% including driveways, parking lots, sidewalks,
etc. should appear under B-1 and B-3 as well as B-2. The maximum
building height recommendation is two stories or 24 ft. A
• conditional use permit would be needed for higher than 24 ft.
• Commission Minutes
6/28/93
Page 2
t. Physical fitness facilities ~~a ~~,'}~ ~'••~~. It was
suggested "and health clubs" be eliminated as health clubs are
sometimes difficult to define.
x. Video rental stores. Adult videos would be dropped because it
is under the moratorium.
Subd. 5. Building Height. The recommendation was made for a
maximum building height of three stories with a conditional use
permit or PUD.
SCHEDULE PUBLIC HEARING ON THE PROPOSED COMMERCIAL ZONING CODE
The commission agreed that the zoning code be redrafted with the
proposed changes and ready for a public hearing set for Monday,
July 26.
Meeting adjourned at 7:50.
Susan Hoyt, Administrator
Dee Swenson, Recording Secretary
•
PLANNING COMMISSION
. SPECIAL MEETING
June 7, 1993
7 p.m.
PRESENT: ABSENT: ALSO PRESENT:
Kay Andrews Len Boche Susan Hoyt, Administrator
Lee Barry Peter Bachman, City Attorney
Paul Ciernia Fred Hoisington, Planning Consultant
Steve Huso
Paul Kuettel
Lisa Lampi
Ken Salzberg
Meeting was called to order at 7:05 by Lee Barry, Chair.
PUBLIC HEARING ON THE PROPOSED AMENDMENTS TO THE COMMERCIAL
DISTRICTS DEVELOPMENT MORATORIUM, CHAPTER 5 ~5 OF THE CITY CODE
Chair Barry opened the public hearing at 7:06 p.m.
The commissioners discussed a proposed amendment to Chpt. 5, §5,
Subd. 3, the development moratorium in the commercial zone, that
identified uses that are not specifically listed as permitted
uses in any commercial zoning district and are subject to the
moratorium. The purpose of this amendment was to clarify uses
that will require further research to determine what constraints
or conditions that the city might wish to put on these uses. The
identification of these uses does not necessarily mean that the
city wishes to not permit them in the revised code.
There being no one in attendance wishing to be heard, the public
hearing closed 7:25.
Commissioner Huso moved to accept the following revised addition
to Chpt 5, §5, Subd.3:
c. Certificates of occupancy and business licenses may be
granted to any new use that is specifically listed as a
permitted use in the applicable zoning district. For
purposes of illustration only and without intending to be an
exhaustive list, the following uses are not specifically
listed as permitted uses in any commercial zoning district
and are subject to the moratorium:
1) Adult use establishments (as defined in the City of
Ramsey's section of their city code as revised)
2) Personal services establishments including steam baths,
saunas, massage including therapeutic massage, turkish
• baths, or other similar services
• 3) Pawn Shops
4) Stores selling used or secondhand goods
5) Precious metal dealerships
6) Stores selling any firearms or ammunition
7) Check cashing facilities
Seconded by Commissioner Salzberg and unanimously approved.
THIRD DRAFT OF THE PROPOSED COMMERCIAL ZONING DISTRICT REVISION
Administrator Hoyt said there are basically three overall changes
in the proposed draft.
1) The B-3 district is now a B-1 district (neighborhood
convenience);
2) The B-1 district is now the B-2 district (limited
business district); and
3) The B-2 is now the B-3 (the Snelling/Larpenteur business.
district rather than the central business district).
• She explained the reason for the number change is to be more
consistent with other zoning codes, to make the
Snelling/Larpenteur district distinct because is not a typical
central business district, and to have the limited business
district more closely reflect current B-2 uses.
Hoyt said there are still some items that need to be reviewed in
terms of the appropriateness of the applicable SIC (Standard
Industrial Classification) codes to determine if they are
narrowly defined enough to really serve the purpose. She
explained that if its a more complex item it may need to be
defined in the code.
One of the things that came up since the last meeting regarding
the B-3 zone (Snelling/Larpenteur) is that the property manager
for Bullseye has asked the planning commission to consider
granting a conditional use making the finished space in the
basement of the building into a storage space that he could rent
out. It was originally finished for a golf-o-mat operation. The
space has elevator access, an ingress and egress, sprinkler
system, etc., so he feels .that rental space for files, etc.., to
the public would be an ideal use. She said the fire marshal
concurred this would be reasonable with perhaps some conditions.
Hoyt said that planning consultant Hoisington, city attorney
Bachman, and she have discussed adding that as a conditional use
specific to the zoning. code. She felt the only reason that it
• might not be suitable in this location is that it would have a
negative impact on the center.
•
•
The commission discussed various sections of the code.
seauty shops ~.,~i:°:t:~s~s~a:Qma~~~. (B 3)
Bachman told the commission that alot of cities have had problems
with therapeutic massage'in home occupations. He said
therapeutic massage is not licensed by the State of Minnesota.
This issue will be looked at and to see if it is a big enough
issue to be concerned about, and, if it is, should. Falcon Heights
go the licensing route or some other alternative. Presently,
therapeutic massage is under the moratorium.
Adult IIse
The question was raised as to exactly .what is the definition of
"adult uses". Peter Bachman suggested using the City of Ramsey's
definition and modifying it slightly for use in the moratorium.
The definition would be revised as part of city ordinance
changes.
Radio/TV Broadcasting
After discussing radio & TV broadcasting uses, the commission
recommended it be a limited business (B-2) use.
Pool Halls, Video, Game Arcades
Hoyt suggested that pool halls, which was removed from the last
draft, be put back in the Snelling/Larpenteur (B-3) zone with the
nine conditions that are already in the code. Commissioners
discussed including it in the moratorium to allow them to review
the appropriateness and completeness of the current conditions
governing these uses in the zoning code.
After some discussion, Commissioner Andrews moved to amend the
previous motion accepting the revised addition to Chpt 5, §5,
Subd.3 to include as #8 Pool Halls, Game/Video Arcades. Seconded
by Lampi and unanimously passed.
Charitable Gambling
Bachman said charitable gambling is now allowed in any commercial
zone. Hoyt said that in the new draft charitable gambling, as a
stand alone use, is allowed as a conditional use only in the
Snelling/Larpenteur B-3 zone if granted a license. All
charitable gambling requires a license wherever it is located.
This will be clarified in the code.
Veterinary Clinics
This is now a conditional use in the Snelling/Larpenteur (B-3)
zone. The commission recommended keeping it in this zone as a
conditional use without boarding of animals.
•
PROPOSED TIMETABLE FOR COMMERCIAL ZONING STUDY
The Commission discussed and agreed upon the following timetable:
'Regular' Commercial Zoning Code Revisions
June 7 Planning Commission Reviews 3rd draft
Mid June
June 28
Mid July
Consultant, Staff Revise draft
Planning Commission Reviews final draft
Planning Commission Schedules public hearing
Staff Mails notices to affected
property owners and
property owners within
350 of commercial
district
July 26
July 28
•
Planning Commission
Public hearing on zoning
Public hearing on
moratorium restrictions
City Council
Action on the commercial
zoning code and
moratorium restrictions
Special Uses/Secondary Impact Studies
June
July/August
Attorney Review authority of city
on gun shops, adult uses,
etc. (check with St.
Paul)
Consultant
Staff
Look for secondary impact
studies, ordinances, etc.
Attorney Determine appropriate
Consultant regulations;
Staff Develop secondary impact
studies, ordinances, etc.
August 23 Attorney Bring preliminary
Consultant recommendations back to
Staff Planning Commission
Chair Barry adjourned the meeting at 8:45 p.m.
r:
MINUTES
• REGULAR PLANNING COMMISSION MEETING
MAY 24, 1993
PRESENT ABSENT ALSO PRESENT
Len Boche Kay Andrews Susan Hoyt, Administrator
Steve Huso Lee Barry
Paul Kuettel
Lisa Lampi
Ken Salzberg
Meeting was called to order at 7:30 p.m. by Len Boche, acting
chairperson, in the absence of chairperson Lee Barry.
Minutes of the April 26, 1993 were unanimously approved as
published.
REQUEST FOR A VARIANCE OF TWO FEET IN THE REQUIRED FIVE FOOT
SIDEYARD SETBACK (CHAPTER 9 §2.04 SUBD. 1(c) AT 1447 WEST
CALIFORNIA
Administrator Hoyt briefly explained that Mr. Jaschob is
replacing his existing 20 ft. by 22 ft. garage. Because this
requires the removal and replacement of all materials, it is
considered a new structure and so must conform to the zoning
• code. She said Mr. Jaschob is requesting the new garage be
located in the same place as the existing garage which is three
feet from the westside property line instead of the five feet as
required by the zoning code.
Mr. Jaschob said if he has to place the garage five feet from the
sideyard line, he will have to widen his driveway. This would
require removing a fence, a wood planter, and would take up more
of his yard. He explained the garage will conform in appearance
to the neighbor's adjacent garage and the space between the two
garages will remain the same. He also stated he discussed this
with his neighbor and his neighbor has no objection.
After a brief discussion, Commissioner Kuettel moved to adopt a
resolution granting a variance of two feet in the westside
setback for the construction of the new garage because the
request is reasonable and meets the requirement for granting a
variance. Seconded by Commissioner Salzberg.
REOUEST FOR A VARIANCE IN CHAPTER 9 513.02 SUBD 3(e) THE SIDE
AND FRONT YARD SETBACK REQUIREMENTS FOR A SIGN AT 1579B HAMLINE
AVENUE (THE BLOMBERG BUILDING) IN A B-2 ZONE
Administrator Hoyt summarized Mr. Paul White's (proprietor of the
Coffee Grounds Coffee Shop) request for a variance in the side
and front yard setback requirements for a pedestal sign located
• at 1579B Hamline. The owner submitted a letter stating his
support for the request. She said according to the zoning code,
PC Minutes 5/24/93
• Page 2
a sign may be put up that is ten feet from the front and sideyard
property lines as long as it meets height and area requirements.
The sign face must be two feet from the property line. The sign
Mr. White proposes is 12 feet high (maximum is 35') and is 24 sq.
ft which is within the square footage allowed for the building.
Mr. White said this sign is necessary because his shop is located
in the rear of the building. He explained the sign face will be
seen by traffic going north and south on Hamline and the face
will be at least two feet from southside property line and six
feet from the eastside property line so the sign post will not
take up a parking space in the parking area. He will turn off
the sign when the business is closed.
Discussion followed. Commissioner Salzberg moved to adopt the
resolution recommending granting of the variance because it
assures the maintenance of an existing parking place and it
provides identification for a business that is difficult to see
from Hamline Avenue due to its rear location in the Blomberg
building. Unanimously approved.
PUBLIC HEARING ON A LOTSPLIT ON 1739 FAIRVIEW FOR A LOT ON LINDIG
• Public hearing opened 7:45.
Administrator Hoyt gave a brief synopsis of the request for a
lotsplit on 1739 Fairview for a lot on Lindig. She explained the
property owners, Marilyn and Raymond Sandford, wish to divide
their lot into a second lot for the construction of a single
family home.
Donald Sandford, son of the property owners, was present. He
said a lotsplit has been done on Lindig a number of times. The
water, sewer, and gas are already in the street and electricity
is available from a pole on the NE corner of the lot.
Bill Westerberg, city engineer, said that the area is zoned R-1
which is one-family residential. This requires a minimum lot
size of 10,000 sq. feet, 75 feet of frontage, 30 foot front yard
setback, and a 5 foot side yard setback. Both lots created from
the lotsplit would meet these requirements if the lotsplit was
approved.
He explained some conditions which must be met in order for the
plat to be approved for recording. One is that the new lot
should have a proposed grading plan showing how it would handle
the surface drainage as all drainage should be directed down lot
before a split could be approved; two, additional street easement
• will be required along Lindig. Easement has been given from the
lots to the north and south of this property. A survey should be
PC Minutes 5/24/93
• Page 3
made to indicate these easements and show how they will match the
adjacent properties along Lindig; and three, a 10 foot easement
from the proposed front property line on each lot, a 10 foot
easement centered on the property line dividing the two lots, and
a 5 foot easement along the side lot lines is recommended.
No one wishing to be heard, the public meeting closed at 7:50.
After a discussion by the commissioners, Salzberg moved to
recommend approval of the lotsplit on the condition that the city
engineer work with the property owner and surveyor to:
1. determine the drainage pattern using a topographic survey
off of the property to avoid any problems with neighboring
properties;
2. determine the appropriate easements along Lindig Street to
match the adjacent easements along Lindig;
3. dedicate the required easements along the front, rear and
sidelot lines.
• Seconded by Lampi and unanimously approved.
PUBLIC HEARING TO REVIEW AND TO CONSIDER ADOPTING THE OFFICIAL
SCHOOL PLAN FOR FALCON HEIGHTS ELEMENTARY SCHOOL ON GARDEN
AVENUE.
Public Hearing opened at 8 p.m.
Administrator Hoyt explained that the Falcon Heights Elementary
School is being remodeled this summer. The plans for the
remodeling are submitted to the city for its review and comment
as part of the process for adopting the official school plan.
John Thein, Roseville Schools Assistant Superintendent for
Business Services, introduced John Hamilton, Vice President of
Cuningham Hamilton Quiter architectural firm. Mr. Hamilton gave
a brief presentation on a remodeling project of Falcon Heights
Elementary School while showing various drawings. These included
a drawing of the existing building and site conditions and an
architectural site plan showing the existing building footprint
and the extent of the new additions, with appropriate dimensions,
and area and parking tabulations.
Morrie Nicholson, Falcon Heights resident and member of the park
& recreation commission, expressed concern over classroom exits.
Mr. Hamilton assured him that all outer classrooms will have exit
• doors. Mr. Nicholson asked the architect to explain the
construction of the gym and how it might be expanded for
PC Minutes 5/24/93
• Page 4
additional space in the future. He also explained that the
city's parks & recreation commission surveyed the community for
future recreation ideas on the site.
Mr. Nicholson asked about the parking. Mr. Hamilton said the bus
parking in the front of the building will remain the same and
eliminated entirely with signage when-buses are loading and
unloading. The remaining car parking in this area will be
changed from angled to parallel. There will be a new eastside
parking with 35 spaces. Bill Westerberg, Assistant City
Engineer, explained the parking lot will be sloped from north to
south toward Garden Avenue, and that storm sewer inlets are
proposed to collect the runoff in the parking lot before it
drains onto Garden Avenue.
Public Hearing closed at 8:35.
The commission unanimously agreed to adopt the remodeling plans
and referred it on the city council for adoption as the official
school plan.
PUBLIC HEARING ON "DISPLAYS NOT CONSTITUTING SIGNS"
• Public Hearing opened 8:37. There being no one wishing to speak,
the public hearing was closed at 8:38.
Administrator Hoyt said the city attorney had reviewed the code
change the commission recommended at the April 28 meeting
regarding 'displays not constituting signs.' He recommended that
rather than revise this section to be all encompassing that the
ordinance be revised to address only what really needed
controlling. Staff believes rooftop balloons and displays, and
aerial searchlights need to be addressed. The new proposed
recommendation reads:
9-13.03(11) Rooftop displays and Aerial Searchlights
Rooftop balloons and rooftop displays are not permitted
except in a commercial zone for a maximum of five days
for a business grand opening or a special civic event.
A temporary sign permit is required for the balloon.
Aerial searchlights are not permitted.
After a brief discussion, Commissioner Huso moved to recommend
accepting this code change. Unanimously approved.
SCHEDULING A SPECIAL MEETING AND A PUBLIC HEARING TO REVIEW THE
COMMERCIAL ZONING STUDY AND THE COMMERCIAL DEVELOPMENT MORATORIUM
• Hoyt told the commission that at the May 12 city council meeting,
the council approved up to $10,000 be spent for additional
PC Minutes 5/24/93
• Page 5
planning and legal research associated with the moratorium. The
council referred the city's development moratorium to the
planning commission to review and to identify uses that may
require additional study to determine if and how they will be
handled in the revised zoning code.
She said the commission needs to determine secondary impacts and
how these will be specifically addressed in the future. A
special meeting was requested for a public hearing on the city's
commercial development moratorium for Monday, June 7, 1993.
Commissioner Salzberg moved to hold a special meeting on June 7
as requested. Unanimously approved.
Meeting was adjourned at 8:45.
Susan Hoyt, Administrator/Planner
• Dee Swenson, Recording Secretary
•
4
+"'~~' "y
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MINUTES
• REGULAR CITY COUNCIL MEETING
JULY 14, 1993
Acting Mayor Paul Ciernia convened the .meeting at 7:05 p.m.
MEMBERS PRESENT
Ciernia, Gehrz, Jacobs and Gibson Talbot. Also present were
Chenoweth and Hoyt.
MEMBERS ABSENT
Baldwin.
APPROVAL OF MINUTES OF 6/23/93
Council approved the Minutes of June 23, 1993 by unanimous
consent.
CONSENT AGENDA APPROVED
Council approved the following Consent Agenda by unanimous
consent:
1. Disbursements:
• a. General Disbursements through 6/30/93, $43,342.47
b. Payroll, 6/16/93 - 6/30/93, $12,071.42
c. General Disbursements through 7/9/93, $85,963..36
2. Designation of streets to be posted "No Parking" and
"Permit Parking Only" during the State Fair
3. Authorization to purchase and install a fire hydrant
shut-off valve for the fire hydrant at 2097 Folwell at
a cost of approximately $500.00
4. Authorization to hire David Tretsven as a regular part-
time public works maintenance worker
5. Licenses:
a. Contractors, ADB Construction Co, #2029, RJ
Marco Construction Co, #2028, and JTS Services, #2030
b. Home Occupation, Romanian Therapeutic & Sports
Massage Center, #2031. This license meets the
requirements of the city~s home occupation code, Ch.9,
Sec. 14.01, Subd. 25(d), and the licensee has declared
that he will be the only employee of the business and
.that the business will generate four or fewer cars per
day.
AUGUST 3, 1993 PROCLAIMED NATIONAL NIGHT OUT IN FALCON HEIGHTS
This annual "Night Out" event and related activities being
orchestrated by resident Judy Sabean was briefly discussed by
Council. Gehrz then moved approval of the proposed
•
• MINUTES
JULY 14, 1993
PAGE 2
.s. a ' 4
proclamation proclaiming August 3, 1933 National Night Out in
Falcon Heights. Motion carried unanimously.
APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENT
Ciernia commented on the complexity of the agreement which is
necessary to obtain and make use of a $110,000 grant from Ramsey
County for acquisition, demolition and relocation of residents of
the house at 2061 W. Larpenteur.
Hoyt explained that she is familiar with this type of agreement,
that it is fairly straightforward:, and that the city attorney has
reviewed the agreement and is of the opinion that it does not
require changes. Following a brief discussion Jacobs moved that
the CDBG agreement be approved which carried unanimously.
AUTHORIZING FIRE DEPARTMENT TO DO DRILLS AT 2061 W. LARPENTEUR
WITH CONDITIONS
Hoyt explained that the Fire Chief has requested that the fire
department be allowed to use the structure at 2061 W. Larpenteur
for fire training including search and rescue, ventilation, fire
• suppression and forcible entry. This would: be contingent upon
conformance with all grant regulations, activities wili be
completed within a one or two week period, and that nearby
property owners and the police be made aware of the activity.
Based on staff recommendation council approved the use of the
structure for fire training if the conditions can be addressed.
JULY AND AUGUST WORKSHOPS SCHEDULED
After a discussion the following. council workshops .were
scheduled:
1. Thursday, July 22, 7:00 p.m. - Goal Setting (follow-up
to May 22 workshop)
2. Wednesday, July 28, following council meeting - Budget
Discussion (Fiscal policies, CIP)
3. Wednesday, August 11 following council meeting - Budget
Discussion
4. Wednesday, August 25, 7:00 p.m. - Draft Budget
INFORMATIONAL ITEMS NOTED
• 1. Regular Planning Commission Minutes of 5/24/93
:,,.
~1,
.~
MINUTES
JULY 14, 1993
PAGE 3
2. Special Planning Commission Minutes of 6/7/93
3. Solid Waste Commission Minutes of 6/10/93
. 4. Parks and Recreation Commission Minutes of 6/14/93
ADJOURNMENT
The meeting was adjourned at 7:32 p.m.
Paul C. Ciernia, Acting Mayor
ATTEST:
•
Shirley Chenoweth, City Clerk
• Agenda Item: 4
7/26/93
ITEM: Request for a variance of two feet in the required five foot sideyard
setback for 1731 Pascal Street in an R - 1 zone Chapter 9 -Section
2.04 Subdivision 1 (d) of the zoning code
SUBMITTED BY: Mr. Ronald and Mrs. Dorothy Ronchak, property owners
REVIEWED BY: Susan Hoyt, City Administrator
EXPLANATION/DESCRIPTION:
Mr. and Mrs. Ronchak plan to replace their existing 12' X 20' single car garage and
carport (attached to their home) with a new 26' by 22' garage on their 54 ' by
123' lot. The current garage is 3 feet from the northside property line and
approximately 34 feet from the rear property line (see diagram). They propose to
construct the new double garage 3 feet from the northside property line and 5 feet
from the rear property line to provide adequate access in and out of the double
garage. This project is being proposed in conjunction with the addition of a three
• season porch off the rear of the house.
Staff analysis
After viewing the site and driving around the neighborhood of Pascal and Simpson
Streets staff finds the following:
• The proposed 3 foot setback does not significantly affect the relationship of
the garage to the neighboring home because the existing garage is 20 feet
long and 3 feet from the property line whereas the new garage will be 22
feet long and 3 feet from the property line.
• The additional 2 feet closer to the property line reduces the difficulty of
getting out of the proposed double garage and avoiding the Ronchak house.
• The proposed setback of 5 feet from the rear lot line does not require a
variance. The new structure is farther back on the lot. The building official
confirms that this is necessary to get in and out of the structure. The lot to
the rear of the Ronchak's is screened by shrubbery and a utility shed.
• This lot is 54 feet by 123 feet, which is typical of the Northome
neighborhood, where variances have been granted to replace existing
garages with new double garages within 3 feet of the side property line,
especially if previously constructed with this setback.
• • The garage and driveway configuration is very similar to several homes on
the surrounding blocks. (Many of these may have a 5 foot rather than a
three foot sideyard setback.)
• As of this writing, none of the three adjoining property owners have
contacted staff about the variance request.
ATTACHMENTS: A -Site Plan
B -Resolution
Staff recommendation and Action Requested
• Approve the request for a variance for two feet in the required five yard
setback for 1731 Pascal Street using the attached resolution.
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No.
CITY OF FALCON HEIGHTS
P L A N N I N G C O M M I S S I O N R E S O L U T I O N
Date: 7 22 93
RESOLUTION GRANTING A VARIANCE FOR 1731 PASCAL STREET
On July 26, 1993, the Falcon Heights planning commission
recommended granting a variance for property owners Ronald and
Dorothy Ronchak for a garage at 1731 Pascal Street.
Side and rear yard setback. Chapter 9 ~2 04 subd 1(c)
A variance of 3 feet on the north sideyard setback for the
construction of a new garage.
•
The plannina commission made the following findings for
recommendina arantina the variance at 1731 Pascal Street:
a. That the amendment to the variance will not be
detrimental to the public welfare;
b. That the amendment to the variance will not
substantially diminish or impair property values or improvements
in the area;
c. That the amendment to the variance is necessary for the
preservation-and enjoyment of substantial property rights;
d. That the amended variance will not impair an adequate
supply of light and air to adjacent property;
e. That the amended variance will not impair the orderly
use of the public streets; and
f. That the amended variance will not increase the danger
of fire or endanger the public safety.
•
•
~i73 ~ PASCAL STREET
• Agenda item: 5
7/26/93
ITEM: Public Hearing and proposed adoption of the proposed revisions in the city's
commercial zoning code
SUBMITTED BY: Planning Commission
REVIEWED BY: Planning Commission (previous draft)
Susan Hoyt, City Administrator
Fred Hoisington, Consulting Planner
Peter Bachman, City Attorney
1. Replace (see accompanying map):
• Chapter 9 Section 8.01
B - 1 Limited Business District with
B - 1 Neighborhood Convenience District
• Chapter 9 Section 9.01
B - 1- A Limited Business and Processing District with
• B - 2 Limited Business District
• Chapter 9 Section 10.01
B - 2 Retail Business District with
B - 3 Snelling and Larpenteur Business District
2. Related code revisions:
• Repeal: Chapter 9 Section 11.01 -Existing Business District
• Revise: Chapter 9 Section 2.07 Subdivision 1 Height Limitations
to read:
- Any structural height that exceeds the zoning code must have a
conditional use permit.
- Eliminate Subdivision 1 (a) Residential zones (maximum heights are listed
here)
- Re-letter Subdivision 1 (b) Exempt to Subdivision 1 (a)
• EXPLANATION/DESCRIPTION:
In 1991 after a year of community meetings and research, the city adopted a
comprehensive plan. In the fall of 1992 the planning commission with the
assistance of Fred Hoisington, planning consultant, began to review and revise the
city's commercial zoning code 1) to meet the guidelines of the comprehensive
plan, 2) to streamline the commercial zoning code, and 3) to update the
commercial zoning code to reflect current and future needs.
In February the staff and the planning commissioners met with individual business
owners about the proposed revisions. Copies of the early drafts were distributed
at that time. Over the past six months the commission revised the proposed
commercial zoning code. The results of that work are in the proposed codes that
the commission is holding a public hearing on tonight.
All commercial property owners and neighboring properties within 350 of a
commercial zone were notified of the proposed commercial zoning code revisions.
All commercial property owners received a copy of the draft code section that
applies to their property.
Mr. Barney Uhlig of Ciatti's and Mr. Henry Krystal of Ember's contacted staff
about the proposed commercial zoning changes and indicated they had no
problems with the changes. Their businesses remain permitted uses within the
Snelling Larpenteur District. Staff also spoke with Bob Boyson, property manager
of Bullseye, Joyce Gimmestad of B & J Floral and Steve Horazdowsky of the Hoyt
Hamline Service Station. They had no specific concerns. Mr. Wehman, property
owner of Northome, requested that the commission favorably consider several uses
currently covered by the moratorium including antique jewelry stores, coin dealers
(precious metal dealers) and used jewelry sales when the additional studies are
completed.
Staff also spoke with Don Hermes of Hermes Floral and Dave Rosen of Hewlett
Packard. Jim Warner of Falcon Center will be contacted before the meeting.
ORDER OF BUSINESS:
1. Planning consultant summary of the proposed changes.
2. Questions to the consultant from the commission.
3. Open public hearing to receive public comments and questions.
• 4. Close public hearing.
•
5. Discuss the proposed commercial rezoning.
6. Take action on the proposed commercial rezoning with the associated minor
code revisions.
ATTACHMENTS:
A -Proposed commercial zone map
B -Ordinance revision
C -Chapter 9 -Sections 8.01, 9.01, 10.01, 11.01 and 2.07
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PART 8 "B-1"NEIGHBORHOOD COTPJ:ENIENCE BUSINESS DISTRICT ~~~
9-8.01 "B-1" Neighborhood Convenience Business District
Jv~ i ~ iss3
Subdivision 1. Purpose and Intent. The purpose of the
neighborhood convenience business district is to provide for small
scale consumer goods stores and limited service establishments
which deal directly with the customer by whom the goods and
services are consumed. -The district is primarily intended to serve
the surrounding neighborhood rather than the entire community.
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. Drug stores/pharmacies (SIC 5912).
e. Dry cleaning and laundry pickup stations including
incidental pressing and repair (SIC 7211, 7212) with a
maximum of six employees.
f. Florists (SIC 5992).
g. Laundromats -self serve (SIC 7215).
h. Medical and dental offices and clinics (SIC 801-804).
i. Offices, business and professional.
j. Other small miscellaneous retail shopping goods stores
(excluding repair and service) having a maximum floor area of
1,000 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.
Subdivision 3. Conditional Uses.. The following uses are permitted
• subject to the issuance of a conditional use permit (CUP):
a. Automobile repair establishments (SIC 7533, 7537, 7538)
subject to the following conditions:
1. The use is existing as of the date of adoption of this
amendment ,
2. The structure and use shall not be expanded without city
council approval, based upon finding that the expansion is a
furtherance of the public health and safety and will not
negatively impact the surrounding neighborhood,
3 . Any change in use shall be to the same or another B - ^ ~
permitted or conditional use,
4. No more than five (5) cars shall be pazked outdoors
overnight at any one time, and cars shall be parked in an
orderly fashion in a designated area
• 5. There shall be no outdoor storage of supplies, materials
or trash.. ,
6. Trash containers and parking areas shall be screened
from view from residential areas to the maximum degree
practicable in consultation with city officials and upon
approval by the city council after review by the planning
commission.
b. Child Care facilities and nursery schools subject to licensing
by the State of Minnesota.
c. Motor fuel stations as an integral part of a convenience store
located at the corner of a minor arterial and collector street as
defined by the comprehensive plan.
Subdivision 4. Permitted Ac essory Uses. The following uses shall
be permitted accessory uses:
a. Off-street parking and loading, signs, fences, and decorative
landscape features as regulated herein.
•
2
•
•
•
b. Temporary construction buildings (approved by zoning
administrator).
c. Accessory structures other than private garages as regulated
herein. The design, placement, screening and size of the accessory
buildings must be approved by the city council as being in
harmony with the surrounding business district and neighborhood
after review and recommendation by -the planning commission.
d. Essential service structures, provided no building shall be
located within thirty (30) feet of an abutting lot in an "R" District.
The placement of the essential service structure must be
approved by the city council as being in harmony with the
surrounding business district and neighborhood after review and
recommendation by the planning commission.
e. Public telephone booths or drive-up service. The placement
of the telephone booth or drive-up service must be approved by
the city council as being in harmony with the surrounding
business district and neighborhood after review and
recommendation by the planning commission.
f. Other as deemed to be normal, customary, and incidental by
the zoning administrator.
Subdivision 5. LQt Area. Height. Width. Use. Size and Yard
Requirements.
a.
b.
c.
d.
e.
f.
Minimum
Maximum
Minimum
Maximum
Minimum
1) Front
2) Side
3) Rear
Maximum
Lot Area 10,.000
Building Height 2 stories or 24
Lot Width 9 0
Building/LTse Size 5,000
Building Yard Requirements:
Lot Coverage
1 ~ Except as provided by 9-2.07 of this Code.
2> Except where otherwise noted in Section 9-8.O1
3 ~ 30 feet if abutting a street or "R" District.
4 ~ Including the total area of roofs, driveways,
sidewalks and similar impermeable surfaces.
square feet
feet I~
feet
square feet 2 ~
3 0 feet
10 feet 3 ~
20 feet
75% 4)
Subd. 2j.
parking lots,
3
`'~~y ~3
PART 9 "B-2" LIMITED BUSINESS DISTRICT
9-9.01 "B-2" Limited Business District
Subdivision 1. Purpose and Intent. 7
limited business district is to provide i
service, employment and institutional
in nature, require larger sites and are s
compatible with adjacent land uses. It
accommodate certain existing businessf
maintaining them as conforming uses.
listed, the limited business district is ~
accommodate retail or wholesale busi
Subdivision 2. Permitted Uses. No s
except for the following uses:
l~ ~
a. Banks and financial institutions, except drive-ins.
b. Medical offices and clinics.
•
c. Offices, business and professional.
d. Publicly owned and operated buildings and uses provided
there shall be no unscreened outdoor storage of materials,
supplies or equipment or trucks exceeding a capacity of one
and one-half (1 1/2) tons.
Subdivision 3. Conditional Uses. The following uses are permitted
subject to the issuance of a conditional use permit (C.U.P.):
a. Bank drive-in facilities.
b. Churches.
c. Colleges and academies.
d. Child Care facilities and nursery schools subject to licensing
by the State of Minnesota.
e. Florist, garden supply and garden wholesale stores.
n
LJ
f. Funeral homes and mortuaries.
4
g. Limited fabricating and processing of a product in
• conjunction with any permitted use when such products are
wholly processed within a building and such use is deemed
.appropriate and consistent with the character of the district
and environs. Where such uses consist of more than one
principal building, plans for such development shall be
submitted as a planned unit. development (P.U.D.).
h. Historical buildings, museums, art institutes and galleries.
i. Radio and television broadcasting and cable television
studios (SIC 483 and 484) excluding external antenna systems.
j. Research centers and laboratories excluding medical waste
processing facilities.
k. Schools or studios for dance, music, art, photography or
interior design.
1. Veterinary clinics with no animal boarding.
• Subdivision 4. Permitted Accessory Uses. Any accessory use
permitted in Chapter 9, Section 8.01.
Subdivision 5. Lot Area. Width and Yard Requirements. 1 ~
a. Minimum Lot Area 12,500 square feet
b. Maximum Building Height 2 stories or 24 feet 2)
c. Minimum Lot Width 9 0 fee t
d. Minimum Building Yard Requirements:
1) Front 3 0 feet
2) Side 1 0 feet 31
3) Rear 2 0 feet
e. Maximum lot coverage 75% 4 ~
1 ~ Subject to exception under P.U.D. Chapter 9, Section 16.
2 ~ Except as provided by 9-2.07 of this Code; 3 stories or 35 feet
maximun allowed by C.U.P. or P.U.D.
3 ~ 30 feet if abutting a street or "R" District.
4) Including the total area of roofs, driveways, parking lots, sidewalks
and similar impermeable surfaces.
5
,fly ~3
•
PART 10 "B 3" SNELLING/LARPENTEUR BUSINESS DISTRICT
9-10.01 "B-3" Snelling_/Larpenteur Business Distri~
7~~
Subdivision 1. Purpose and Intent. The
apply only to the four quadrants of the L
intersection. The district is intended to a
business services and offices which are ini
shopping center or are clustered to functic
center where parking can be shared. The
retail uses which sell goods and services c
and complement each other to enhance tl
$iN/
~l~
Subdivision 2. Permitted Uses. No struct
except for the following uses (SIC = Stanc
Classifications from the Office of Managem~~~~ a~,u ~ uu~~~, ~~~.
Manual, 1987):
a. Auto parts and accessory stores.
b. Apparel and accessory stores (SIC Sb).
:~
c. Beauty and barbershops (SIC 723 & 724).
d. Computer programming and data processing services (SIC
737).
e. Eating establishments (SIC 5812).
f. Finance and insurance establishments (SIC 60-64).
g. Food stores (SIC 54) excluding the outdoor sales of produce,
meat and seafood.
h. General merchandise stores (SIC 53).
i. Hardware stores (SIC 5.251}.
j. Home .furnishing, appliance and equipment stores (SIC 57).
k. Laundry, laundromat and dry cleaning establishments (SIC
7212, 7215 and 7219).
n
U
6
1. Mailing, reproduction, commercial art, photography and
• stenographic services (SIC 733).
m. Medical and dental offices and clinics (SIC 801-804).
n. Miscellaneous retail establishments (SIC 59) including
antique stores .but excluding fuel dealers (SIC 598).
o. Motion picture theaters (SIC 7832).
p. Offices, business and professional.
q. Office supply and art supply stores, retail.
r. Paint and wallpaper stores, retail (SIC 523).
s. Personal service establishments as follows: tax return
preparation services, diet centers, costume and dress suit
rental stores, photography services.
t. Physical fitness facilities.
• u. Printing and duplicating shops provided not more than six
employees are employed on the premises at one time (SIC.
7334).
v. Public and essential service uses.
w. Schools and studios for art, photography (SIC 722), dance
(SIC 791), music and interior design.
x. Video rental stores (SIC 784).
Subdivision 3. Conditional Uses. The following uses are permitted
subject to the issuance of a CUP.
a. Animal grooming and pet stores provided there shall be no
boarding of animals on the site.
b. 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
7
does not conflict with adjacent residential areas or entry to
• businesses and is approved by the city fire marshal ,
c. Car washes which are accessory to the principal use and
meet the requirements for service stations, Section 9-14.01,
Subdivision 17.
d. Child care and nursery school facilities subject to licensing
by the State of Minnesota.
e. Charitable gambling establishments as a principal use in
accordance with the city's licensing requirements, Chapter 5,
Section 3 of the city code.
f. Custom manufacturing of hand made goods that are sold on
the premises provided the manufacturing operation is
incidental to a retail operation.
g. Drinking establishments, bars and taverns (SIC 5813)
subject to the city's licensing requirements, Chapter 5, Section
3 of the city code.
• h. Hotels and motels by PUD (SIC 701).
i. Motor fuel or service. stations subject to the design and
performance standards as specified in Section 9-14.01,
Subdivision 17 of this code.
j. Multi-family housing by Planned Unit Development.
k. Satellite communications dishes as an accessory use.
1. Veterinary clinics with no boarding of animals on the site
and no external runs.
Subdivision 4. Permitted Accessory Uses.
a. Any accessory use permitted in Chapter 9, Section 8.01.
b. Limited repair and service operations which are incidental
to a principal use.
• c. The incidental storage of merchandise that is to be sold on
the premises.
8
~r
~UbdNlSlatl ~
3 stories or 35 fact ~)
a, Maximum Building geight
Building Yard ReQ~ementS: 3 U feet
b. IirlinimuYn 1 ~ feet Z)
1) Front 2D feet s)
Z} Side 75`yo 4)
3) Rear
c_ Maximum Lat Coverage:
d q0 feet if abutting ~' "R" District.
1) Except as provided for in ~1-2.Q7. 2 O5.
a) 30 feet if abutting s strut ~ wall subut to 9-
ard shall be nquircd for a party
No side Y ~ alley. ° Distriet
3) 10 feet if aliuuing to sites that abut an R
,drement shall only aP~yfor buffer-ng. landscfpla ~~ancnt
4) This ro9 land ar b the City which
to provibe sufficient may be increased Y is constructed
~~ning. Coverage den fence,
screen or buffer, other than a ~~ for adjarenL m~eeplanningas
provides 100°b yeu ~OII°d op review by
after spPmval by the City Council and
Commission.
USINESS AND pRpCESSING D1S'~ICT (repeal
PART 9 "B-1-A" LIMED B S DISTRICT {repel}
• p~T Il °Ea" E~~'INO BUSINES
PART 14, SUED 14, DRIVE Il`r BUSINP.SS {repeal}
?-15-93
9
•
S-C
i•
Sections being replaced:
Chapter 9 §8.01 B-1 Limited Business District
Chapter 9 §9.01 B-1-A Limited Business and Processing District
Chapter 9 § 10.01 B-2 Retail Business District
Chapter 9 § 1 1.01 EB Existing Business District
Section being revised (height)
Chapter 9 §2.07 Height Limitations
I•
Cccrr~n f - ~-~...
PLANNING & DEVELOPMENT 9-7.01/8.01
i. Off street parking spaces required (one (1) space
• equals three hundred fifty (350). square feet) shall be as
follows for:
Multiple dwellinas. At least two (2) parking spaces
per dwelling unit except that two and one-half (2
1/2) parking spaces per dwelling unit are required
for multiple units of ten or less that abut no
parking (on street curb) zones. At least one half
(1/2) of the required spaces shall be enclosed.
(Garage requirements may be waived for apartment
projects designed and intended for occupancy by low
income families).
Subdivision 6. Sians. As permitted by the "R-1" district.
Subdivision 7. SwimmincL Pools. As permitted by the "R-1"
district.
PART 8. "B-1" LIMITED BUSINESS DISTRICT
9-8.01 "B-1" Limited Business District
Subdivision 1. Permitted Uses. No structure or land shall
be used except for one (1) or more of the following uses:
• a. Municipal buildings and structures, excluding storage
of maintenance equipment and trucks over one and one-half
(1 1/2) tons, stockpiling of aggregate and open storage
of material, but including fire fighting apparatus,
provided these shall not be located within thirty (30)
feet of any lot of an abutting lot in an "R" District.
b. Banks and other financial institutions.
c. Medical and dental clinics.
d. Offices of a general nature when the employment
within the building and the operations do not include
retail sales or warehousing from the site.
e. Art studio, interior decorating studio, photographic
studio, music studio, dance studio provided no
manufacturing is conducted on the site.
Subdivision 2. Conditional Uses. No structure or land
shall be used for the following uses except by conditional
use permit:
•
54
PLANNING & DEVELOPMENT 9-8.01
•
a. Hospitals for human care, nursing homes, rest or
retirement homes, provided the site shall contain not
less than six hundred (600) square feet of lot area
for each person to be accommodated and that no
building be located less than thirty (30) feet from
the side lot line.
b. Funeral homes and mortuaries.
c. Radio and television studios.
d. Radio and television receiving and transmitting
devices.
e. Private clubs and lodges not operated for a profit.
f. Academies, colleges, universities and churches.
g. Historical buildings, museums, art institutes,
galleries and playhouses.
h. Multiple dwellings as permitted and regulated in an
"R" District.
i. Bank and other financial drive in facilities.
j. Veterinarian clinics.
k. Nurseries - day and school
1. Research centers and laboratories.
Subdivision 3. Permitted Accessory Uses. The following
uses shall be permitted accessory use.
a. Off street parking and loading, signs, fences, and
decorative landscape features as regulated herein.
•
b. Temporary construction buildings (approved by Zoning
Administrator).
c. Accessory structures other than private garages as
regulated herein. The design and placement of the
accessory buildings must be approved by the Council as
being in harmony with the surrounding limited business
district. after review and recommendation by the Planning
Commission.
d. Essential service structures, provided no building
shall be located within thirty (30) feet of an abutting
lot in an "R" District. The placement of the essential
service structure must be approved by the Council as
being in harmony with the surrounding limited business
district after review and recommendation by the Planning
Commission.
e. Public telephone booths or drive up. The placement
of the telephone booth or drive up must be approved by
the Council as being in harmony with the surrounding
limited business district after review and recommendation
by the Planning Commission.
•
f. Other as deemed normal, customary, and incidental to
the principal use as approved by the Zoning
Administrator.
55
C,ur~,t ~-~~
PLANNING AND DEVELOPMENT 9-8.01/9.01
Subdivision 4. Lot Area, Heiqht, Lot Width and Yard
Requirements.
a. No structure or building shall exceed three (3)
stories or thirty-five (35) feet in height, whichever is
higher except as provided in 9-2.07 of this Code.
b. Aside yard abutting on a street shall not be less
than thirty (30) feet and when abutting a lot in an "R"
district shall not be less than thirty (30) feet.
c. The following minimum requirements shall be observed
subject to additional requirements, exceptions and
modifications asset forth in this Section and in 9-2.03.
Lot
Width
90'
Lot Front Side Rear
Area Yard Yard Yard
12,500. 30' 10' or 1/2 the 20'
sq.ft. height of the
building, which-
ever is greater
Maximum lot coverage by structures or paved surfaces of
any type is 75~
,7
Subdivision 1. Permitted Uses. No structure or land shall
be used except for one (1) or more of the following uses:
a. Any use permitted in "R-4 district."
b. Facilities for the wholesale and retail sales of
garden supplies.
c. Banks and financial facilities.
Subdivision 2. Conditional Uses. No structure or land
shall be used except for one (1) or more of the following
uses.
a. Hospitals, rest homes, sanatoriums for human
care.
•
PART 9. "B-1-A" LIMITED BUSINESS AND PROCESSING DISTRICT
9-9.01 "B-1-A" Limited Business and Processing District
56
PLANNING AND DEVELOPMENT 9-9.01
b. Mortuaries.
• c. Processing and limited fabrication of a product in
conjunction with any permitted use when such products are
wholly processed within a building and such use is deemed
appropriate and consistent with the character of the
district and environs. Where such uses consist of more
than one principal building, plans for such
development .shall be submitted as a Planned Unit
Development as regulated in Part 16.
d. Research centers and laboratories.
e. Publishing and printing houses.
f. Facilities for the wholesale and retail sales of
garden supplies.
Subdivision 3. Permitted Accessory Uses. Any use permitted
in Subdivision 2 of Section 9-8.01 and as regulated therein.
The following additional uses shall be permitted accessory
uses.
a. Accessory structures other than private garages as
regulated herein. The design and placement of the
accessory buildings must be approved by the City Council
as being in harmony with the surrounding business
. district after review and recommendation by the Planning
Commission.
b. Essential service structures, provided no building
shall be located within thirty (30) feet of an abutting
lot in an "R" District. The placement of the essential
service structure must be approved by the city council as
being in harmony with the surrounding limited business
district after review and recommendation by the Planning
Commission.
i
Subdivision 4. Lot Area, Height, Lot Width and Yard
Requirements.
a. No structure or building shall exceed three (3)
stories or thirty-five (35) feet in height whichever is
the greater except as provided for in Section 15.
b. A. side yard abutting on a street shall not be less.
than thirty (30) feet and when abutting a lot in an "R"
District shall not be less than forty (40) feet.
c. The following minimum requirement shall be observed
subject to additional requirements, exceptions and
modifications as set forth in this Section and Section
15.
57
PLANNING AND DEVELOPMENT 9-10.01
Lot Lot - Front Side Rear
• Width Area Yard Yard Yard
100' 15,000 sq.ft. 50' 20' 20'
Maximum lot coverage by structures or paved surfaces of any type
is 75$.
PART 10. "B-2" RETAIL BUSINESS DISTRICT
9-10.01 "B-2". Retail Business District
Subdivision 1. Permitted Uses. No structure or land shall
be used except for one (i) or more of the following uses:
a.
b.
c.
d.
e.
f.
• g.
h.
i.
J•
k.
1.
m.
n.
o.
P•
q•
r.
s.
t.
u.
v.
w.
x.
Y•
z.
•:.
Antique or gift shop.
Appliance sales and repair.
Art and school supply store.
Auto accessory store.
Bakery goods sales and baking of goods for retail
sales on premises.
Bicycle sales and repair.
Book, office supply and stationery store.
Candy, ice cream and popcorn, nuts, frozen dessert
and soft drink shop, but not of the drive in type.
Camera and photographic supply store.
Delicatessen.
Drug store.
Dry cleaning and laundry pick-up stations including
incidental pressing and repair.
Dry goods store.
Furniture store, rugs and floor covering sales.
Gift or novelty store.
Grocery, fruit or vegetable store.
Hardware store.
Hobby store .including handicraft classes not to
exceed ten (10) persons.
Jewelry sales and repair store.
Laundromat of the self service type.
Library..
Meat market, but not including processing for a
locker.
News stand.
Offices.
Paint, wallpaper sales.
Photographic studio..
58
PLANNING AND DEVELOPMENT 9-10.01
aa. Pipe and tobacco shop.
bb. Record shop.
cc. Restaurant,. cafe, tea room.
• dd. Shoe sales and repair.
ee. Sporting goods stores.
ff. Variety store.
gg. Wearing apparel shop.
hh. Picture framing.
ii. Radio, television and electronic equipment supply
and repair.
jj. Beauty Shop
kk. Barber Shop
11. Tanning Studio
mm. Video Rental Shop
nn. Packaging and office supplies
oo. Printing or duplicating services provided that no
more. than six (6) employees are employed on premises
at any one time.
pp. Multiple dwellings as permitted and regulated in an
"R" District.
qq. Business or trade school when conducted entire
within a building.
rr. Diaper and hand laundry service, dry cleaning plant,
provided not more than six (6) persons are employed
on the premises at any one time.
ss. Electrical service, heating, plumbing, appliance or
air conditioning service shop, provided that no more
than six (6) persons are employed in repair or
processing.
•
tt. Garden supply store provided it is conducted
entirely within an enclosed structure.
uu. Newspaper and publishing office
vv. Pet shop provided the operation shall not include
the boarding of pets on the site, the maintaining of
pens or cages outside of the building or the
operating so as to cause an offensive
odor or noise.
ww. Photographic supplies and processing of film and
prints
xx. Seat cover, upholstery or drapery shop
yy. Television and radio stations
zz. Wholesale distribution, wholesale office and show
rooms
Subdivision 2. Conditional Uses. No structure or land
shall be used for the following uses except by conditional
use permit.
a. Motor fuel stations subject to the performance
standards as specified in Section 9-14, Subd. 17,
of this code.
b. Drive-in establishments subject to the performance
standards Section 9-14, Subd. 14, of this code.
59
PLANNING AND DEVELOPMENT 9-10.01
• c. Those uses permitted in Subdivision 1 of Section
9-9.01.
d. Broadcast and telecommunications transmission tower
facilities.
e. Advertising signs.
f. Commercial auto repair and used car sales.
g. Boat and marine sales when conducted entirely within
a building.
h. Building material yard, provided it is conducted
entirely within an enclosed structure.
i. Car wash establishments.
j. Commercial greenhouse provided all outside storage is
fenced in such a manner so as to screen the stored
material from view when observed from the public street
and adjacent residential areas.
k. Hotels, motor hotels and motels, provided the site
shall contain not less than six hundred (600) square feet
• of lot area per unit.
1. Optical and jewelry manufacturing.
m. Armories, convention halls, sports arenas and
stadiums, bowling gymnasiums, Y,M.C.A., Y.W.C.A., night
clubs.
n. Veterinarian offices and small animal hospitals
provided there shall be no boarding of animals, except
for hospitalization, on the site nor the placement of
cages or pens outside of the building.
o. Retail liquor store.
p. Billiard/pool hall, game arcades, subject to the
following conditions:
1. The operation of such establishments shall
not negatively impact the reasonable peace and
quiet of surrounding residential areas.
2. Hours of operation shall be limited to 10 a.m.
to 12 midnight. All applicable curfews will be
enforced on the premises.
60
PLANNING & DEVELOPMENT 9-10.01
3. Implementation of a security plan, which must
• be approved by the local law enforcement official,
will be required. The security plan shall include
provisions for the following; adequate security
lighting, controlling loitering and any disorderly
behavior within the building, in the parking lot
or anywhere else on the premises; prohibiting the
sale, use or possession of alcohol or any other
controlled substance without a prescription.
4. Rear door will serve as an emergency exit only.
5. Adequate supervision will be required including
a minimum of two adult employees on the premises
during all hours of operation until closing.
Additional supervisory and/or security personnel may
be required at the city council's discretion.
6. No person shall establish, maintain or operate
an amusement establishment as defined in this
ordinance without a license issued by the city.
7. Compliance with all other applicable provisions
of the Falcon Heights city ordinances shall be
required.
8. Other conditions, as deemed appropriate by the
city council, may be applied in response to site
specific conditions at the time the conditional use
permit is issued. Violation of any of the above
stated conditions or any other conditions included
as part of the approved conditional use permit shall
be deemed ample grounds for revocation of the
permit.
9. The conditional use permit shall terminate upon
a change in amusement establishment ownership and/or
the closing of the amusement establishment.
Other retail uses of a similar nature may be
above list of conditional uses upon request
by the Planning Commission and the Council.
added to the
and approval
61
• PLANNING & DEVELOPMENT 9-10.01
Subdivision 3. Permitted. Accessory Uses Any use permitted
in Part 8 Subdivision 2 and as regulated therein. .The
following additional uses .shall also be permitted accessory
uses.
a. Accessory structures other than private garages as
regulated herein. The design and placement of the
accessory buildings must be approved by the City Council
as being in harmony with the surrounding business
district after review and recommendation by the Plan-
ning Commission.
b. Essential service structures, provided no building
shall be located within thirty (30) feet of an abutting
lot in an "R" District. .The placement of the essential
service structure must be approved by the City Council as
being in harmony with the surrounding business district
after review and recommendation by the Planning
Commission.
Subdivision 4. Heiaht and Yard Requirements
• a. No structure or building shall exceed three (3)
stories or thirty-five (35) feet in height whichever is
the greater except as provided for in 9-2.07.
b. A side yard abutting on a street shall not be less
than thirty (30) feet and when abutting a lot in an "R"
District shall not be less than forty (40) feet.
However, no side yard shall be required when adjacent to
a party wall, subject to the regulations of 9-2.05.
c. Rear yard requirements may be reduced to ten (10)
feet at alley lines.
d. The following minimum requirements shall be observed
subject to the additional requirements, exceptions and
modifications as set forth in this Section and Section
9-2.05.
Front Yard Side Yard Rear Yard
30' 10~ 20~
62
PLANNING & DEVELOPMENT 9-11.01
PART 11. "EB" EXISTING BUSINESS DISTRICT
9-11.01 !'EB"-Existing Business District
Subdivision 1. General. The "EB" District is designed to
recognize certain existing non-residential structural land
uses which are not in conformity to the Comprehensive
Municipal Plan, but which, due to substantial economic
investments, soundness of physical structure, vested
property rights, or other similar reasons are impractical
for reasonable consideration and designation as
"non-conforming" uses. Such existing uses which are not in
harmony with adjacent and nearby land uses nor in conformity
with the Comprehensive Municipal Plan and designated as "EB"
under the zoning district map shall be legal, conforming
uses under conditions and regulations contained
hereinafter; it shall be public policy to strictly regulate
and control "EB" uses in the general public interest. Usage
shall continue to be permitted as in the B-2 classification.
Subdivision 2. Permitted Uses. All uses of structures and
land as they existed on the effective date of this Code and
a certificate of occupancy has been issued to the fee
• owners, occupants, lease holders, and other proprietary
interests. Said uses may be continued at the size and in
the manner of operation existing.
Subdivision 3. Conditional Uses.
a. Any change of business, any structural alteration,
any change, expansion, or intensification of structural
or land use as permitted in B-2 classification and
regulated therein.
Subdivision 4. Exceptions and Additions
a. Prior to the issuance of a certificate of occupancy
for new construction, the Planning Commission may require
reasonable conditions in the public interest for
immediate property improvements such as, removal of junk
and debris, installation of screening, building and yard
maintenance, and conformity to the performance standards
of this code.
b. Each "EB" use shall be assigned a conditional use
permit number on the effective date of this Code.
c. Nothing in this code shall. prevent the strengthening
or restoring to a safe condition, any portion of a
• building or structure declared unsafe by the city.
63
2 . a ~ ~G.~---
PLANNING & DEVELOPMENT 9-2.06, 2.07
5. In residential districts, no fence along or
within the front non-buildable setback area shall be
• in excess of thirty-six (36) inches in height.
9-2.07 Height Limitations
Subdivision 1. Limitations
~i~~ Any structural height exceeding the following limits may be
permitted only by conditional use permit:
a. Residential Zone: (R-1, 2, and 3) two (2) stories or
~~-~° twenty-five (25) feet. Agricultural and Multiple Family
Zone: (R-4) three (3) stories or thirty (30) feet.
Business and Industrial Zone: three (3) stories or
thirty-five (35) feet.
b. Exempt•
1. Height limitations shall not apply to belfries,
cupolas and domes, monuments, public and public
utility facilities, silos, barr_s, church spires,
chimneys, smokestacks, flag poles, and parapet walls
extending not more than four feet above the limiting
height of the building.
• 2. Height limitations shall riot apply to roof top
structures such as mechanical equipment, elevator
shaft and equipment enclosures and similar
structures, provided said exceptions do not exceed
ten (10) feet in height above the roof line and the
area does not exceed fifteen percent (15%) of the
roof area.
3. Height limitations shall not apply to private
T.V. or radio reception antennae extending more than
ten (10) feet above the limiting height of the
building except if any portion of the structure
exceeds four (4) feet in diameter and is more than
twenty percent (200) opaque, a conditional use
permit shall be required. Any T.V. or radio
transmission or reception device or structure not
attached to the principal building shall require a
conditional use permit.
4. Hand-held telephone, two-way radio or similar
devices nct requiring an exterior reception or
receiving an~ennae are permitted if operated so as
not to be visible from outside a principal building
nor producing any electrical cr other affect upon
adjacent or nearby properties.
34
PLANNING & DEVELOPMENT 9-2.07, 2.08, 2.09
c. Airport: In all cases, however, no structure shall
• violate the limits and provisions of the Airport Plan of
the Metropolitan Development Guide.
9-2.08 Essential Services. Essential services as defined herein
shall be permitted as authorized and regulated by State law and
Code of the City of Falcon Heights, except as further regulated
herein.
9-2.09 Annexed Territory Areas being annexed shall be
appropriately zoned in accordance with the Comprehensive Municipal
Plan at the time of annexation. Pending official zoning action by
the City Council, all annexed land shall be considered as zoned
uR-1."
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35
• Agenda item: 6
ITEM: Public hearing and consideration of revisions to the commercial
development moratorium Chapter 5 Section 5.02 Development
Restrictions and Applicability
SUBMITTED BY: Susan Hoyt, City Administrator
REVIEWED BY: Peter Bachman, City Attorney
EXPLANATION/DESCRIPTION:
Background
In October, 1992 the city undertook a study of its commercial zoning codes. In
order to guarantee that during this process no business uses would be approved
that were inconsistent with the possible outcome of the study, the city adopted a
commercial development moratorium which restricted new business licenses to
those businesses that were specifically permitted uses in the existing zoning code.
• Applicability of moratorium after adopted commercial code revisions
After the adoption of the proposed revisions in the commercial zoning code, it
would be appropriate to revise the commercial development moratorium to allow
businesses (that are identified as permitted or conditional uses in the revised
commercial code) to apply for business licenses and permits according to routine
administrative procedures. However, the moratorium will remain in effect for those
uses that are not specifically identified as permitted or conditional uses in the
revised commercial zones as well as those uses that are specifically identified as
being considered for further study for secondary impacts. The secondary impact
study and its recommendations will continue over the next two to three months.
Proposed revisions to the moratorium Section 5.02 Subdivision A.
ATTACHMENTS:
A -Proposed revisions to the moratorium Section 5.02 Subdivision A
B -Current ordinance
• ACTION REQUESTED: Adoption of proposed amendments to Chapter 5, Section
5.02 Development Restrictions and Applicability
~-
•
6-A
1 q
+ Grp
5-5.02 DEVELOPMENT RESTRICTIONS AND APPLICABILITY
A. Restrictions. No request for re-zoning, conditional
use permit, variance, subdivision, building
~'~~> permit, business license, certificate of occupancy,
or any other land use approval, affecting property
located within the B-1, B-2 and B-3 zoning
districts shall be accepted for processing or
considered by the city council for any new use that
is not specifically listed as a permitted or
conditional use in the applicable zoning district.
For purposes of illustration only and without
intending to be an exhaustive list, the following
uses are not specifically listed as permitted uses
in any commercial zoning district and are subject
to the moratorium:
1. Adult use establishments as defined
in the staff memorandum dated June 23,
1993 on file with the city clerk.
• 2. Personal service establishments
including steam baths, saunas, massage
including therapeutic massage, turkish
baths or similar services
3. Pawn shops
4. Stores selling used or secondhand
goods
5. Precious metal dealers
6. Stores selling any firearms or
ammunition
7. Check cashing facilities
8. Pool halls and video game arcades
5-5.03 HARDSHIP WAIVER
A. Procedure. The city council may waive the
moratorium requirements established herein with
• the following procedures:
•
1. Any person seeking a hardship waiver
shall file an application with the city with
a fee of $50.00 plus the applicable fee for
the business license and land use permit, if
any is required. In addition, the applicant
shall cover the costs of all related planning
costs of the city's planning consultant
associated with the waiver.
2. A requested hardship waiver shall be
scheduled for a hearing before the city
council.
3. A requested hardship waiver may be
granted by a majority of the council members
in attendance.
B. Conditions. The council may grant a hardship
waiver only if it finds that:
1. The applicant has demonstrated a hardship
by showing that the property cannot be put
to a reasonable use without the waiver;
2. The waiver will not affect the
integrity of the planning process and the
purpose for which the ordinance was enacted;
3. The application is consistent with the
current status of the planning study;
4. Is for a use that is a listed permitted
or conditional use in the applicable zoning
district.
C. Authority to Deny. The council may deny the
waiver if it does not meet the criteria in this
section or if it determines that its approval will
negatively impact the planning study or the future
land use and development in the city.
5-5.04 TERM
This interim moratorium became effective on
March 30, 1993 and will expire 365 days after the
effective date or upon completion of the planning
study and adoption of related ordinances, whichever
is first.
•
G-8
Vv~.
~''" ,-_
5-5.02 DEVELOPMENT RESTRICTIONS AND APPLICABILITY
•
A. Restrictions. No request for re-zoning, conditional
use permit, variance, subdivision, building
permit, business license, certificate of occupancy,
or any other land use approval, affecting property
located within the B-1, B-lA, B-2, and E-B zoning
districts shall be accepted for processing or
considered by the city council except:
1. building permits may be issued for
interior remodeling of existing uses
or any use permitted by paragraph 2 and 3
of this subdivision;
2. sign permits may be issued for sign
changes for existing uses or for uses
which are specifically listed as
permitted uses in the applicable zoning
district;
3. certificates of occupancy and business
licenses may be granted to any new use
that is specifically listed as a
permitted use in the applicable zoning
district. For purposes of illustration only
and without intending to be an exhaustive
list, the following uses are not specifically
listed as permitted uses in any commercial
zoning district and are subject to the
moratorium:
a. Adult use establishments as defined
in attached definition with indicated
changes.
b. Personal service establishments
including steam baths, saunas, massage
including therapeutic massage, turkish
baths or similar services
c. Pawn shops
d. Stores selling used or secondhand
goods
e. Precious metal dealers
f. Stores selling any firearms or
ammunition
•
g. Check cashing facilities
h. Pool halls and video game arcades
4. applications for hardship waiver pursuant
to Section 5-5.03 of this code.
B. Abplicability This section shall cover all
commercial zoning districts in the City of Falcon
Heights. This includes E-B, B-1, B-1 A, and B-2.
5-5.03. HARDSHIP WAIVER
A. Procedure. The city council may waive the
moratorium requirements established herein with the
following procedures:
1. Any person seeking a hardship waiver shall
file an application with the city with a fee
of $50.00 plus the applicable fee for the
business license and land use permit, if any
is required. In addition, the applicant shall
cover the costs of all related planning costs
• of the city's planning consultant associated
with the waiver.
2. A requested hardship waiver shall be scheduled
for a hearing before the city council.
3. A requested hardship waiver may be granted by
a majority of the council members in
attendance.
B. Conditions. The council may grant a hardship waiver
only if it finds that:
1. The applicant has demonstrated a hardship
by showing that the property cannot be put
to a reasonable use without the waiver;
2. The waiver will not affect the integrity
of the planning process and the purpose
for which the ordinance was enacted;
3. The application is consistent with the current
status of the planning study;
4. Is for a use that is a listed permitted or
• conditional use in the applicable zoning
district.
•
~. Authority to Deny The council may deny the
waiver if it does not meet the criteria in this
section or if it determines that its approval will
negatively impact the planning study or the future
land use and development in the city,.
5-5.04 TERM
This interim moratorium became effective on
March 30, 1993 and will expire 365 days after the
effective date or upon completion of the planning
study and adoption of related ordinances, whichever
is first.
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