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HomeMy WebLinkAboutPCMin_88Apr4• MINUTES PLANNING COMriISSION REGULAR MEETING APRIL 4, 1988 Chairman Black called the meeting to order at 7:30 P.M. Black, Duncan, Nestingen, Finegan, Daykin, Grittner, Carroll, and Barry. PRESENT Also present was Council Liaison Wallin. MARCH 7, Finegan. moved, seconded by Barry, to approve the March 7, 1988 Minutes as 1988 presented. Motion carried unanimously. MINUTES APPROVED The Planning Commission continued discussion on the variance requested by Victoria Mikelonis, 2216 Folwell, to add an upper level to her home. Chairman VARIANCE Black advised that the University of Minnesota must also give their approval VICTORIA before the addition could be added; he reviewed discussion on granting of MIKELONIS variances which took place at a Planning Commission Workshop. 2216 FOLWELL Mikelonis contacted the Ramsey County Tax Department and was advised that her APPROVED home was classified as a one story for tax purposes and contacted the University of Minnesota and was advised that her home was classified as a split level. Discussion ensued on whether. it should be classified as a one story or two story, whether .the non-conformity is increased and whether a variance is actually • needed. After further discussion, Carroll moved, seconded by Finegan, that the home at 2216 Folwell is an existing two story structure, and, therefore an addition in height does,not increase the non-conformity and it does not need a variance. Barry advised that he is not in favor of the motion because a variance should be acted on and he would be in favor of approving such a variance. No evidence has been presented that proves it would have a determintal affect on the neighborhood. Nestingen agreed--she did not feel comfortable deciding it is a one or two story home but would be in favor of granting the variance. After further discussion, the motion was withdrawn. Nestingen moved, seconded by Finegan, to approve the variance in accordance with the plans as presented as there. is no clear standards as to whether it is a one story or two story house. The variance is granted for the following reasons: (1) the unique shape of the lot, (2) the lot is a sub-standard lot, (3) the improvement would not have a determintal impact on the neighborhood as a whole, (4) the addition is not significantly different from surrounding homes, (5) the addition would not significantly impair light and air, (6) the footprint and setback of the home is not going to change, and (7) consideration was given to the requirements contained in section 9-15.03, subdivision 4. Edwin Menze, 2222 Folwell, was of the opinion that the construction as planned will be determintal to light and air as well as aesthetically because it will disrupt MENZE, the architectural profile of the area. It will also affect him economically when 2222 his house is sold as it will reduce the value of his home. FOLWELL • MINUTES PLANNING COMMISSION APRIL 4, 1988 PAGE 2 • • Upon a vote being taken on the variance request, the following voted in favor thereof: Black, Duncan, Nestingen, Finegan, Daykin, Gritten, Carroll and Barry, and the following voted against the same: None. Motion carried unanimously. Faith Ohman, 1802 Simpson, requested a variance to construct an addition less than 30 feet from the side lot abutting the street .(Garden Avenue). Mike Collins, an architect, explained the placement of the home on the lot, explained the construction and advised that when the home was built in 1939 it was built before the existing ordinance. Discussion ensued regarding the increase in the non-conformity requires a variance. Carroll moved that the non-conformity is not increased and, therefore, a variance is not required. Motion died for lack of a second. Finegan then moved, seconded by Grinner, that the variance be granted for the following reasons: (1) request is in general conformance with the requirements of section 9-15.03, subdivision 4, (2) does not decrease the setback which currently exists, (3) the non-conformity is very small, (4) plans are consistent with community and other requirements,- (5) the lot is sub-standard (size being 61.3 feet in width) and the 30 foot setback would be an unreasonable burden on the property owner and (6) the construction will be consistent with the balance of the property. Motion carried unanimously. Daykin. requested Councilmember Wallin obtain information on increasing the non- conformity--when is it increased? Such information to be obtained from the City Attorney to be used as guidance when other variances of this nature are requested. Discussion ensued on the amendment-prepared by Attorney Gedde to the zoning code. Barry moved, seconded by Nestingen., to adopt the wording as prepared to Chapter Nine of the Zoning-Code. Upon a vote being taken, the following voted in favor thereof: Grinner, Nestingen, Barry and Duncan, and the following voted against the same: Carroll, Daykin, Finegan and Black. Motion failed. Carroll then moved to amend the zoning code by adding liquor stores and pool halls ADDING in B-2 zones as conditional uses and adopt the language in Sections 1 thru three LIQUOR in the proposed amendment to the Zoning Code, Chapter 9, as prepared by Attorney STORES/ Gedde. Motion died for lack of a second. POOL HALLS TO Daykin moved, seconded by Nestingen, to amend the zoning code by adding liquor CODE stores and pool halls in B-2 zones as conditional uses and adopt the language in APPROVED Sections 1 thru three in the proposed amendment to the Zoning Code, Chapter 9, as prepared by Attorney Gedde with the addition of the following language in section 3: 100 feet from .residential property, and deleting the word "public" in Section 2 (c). Upon a vote being taken,-the following voted in favor thereof: Black, Duncan, Nestingen, Finegan, Daykin and Barry, and the following voted against the same: Grinner and Carroll. Motion carried. MINUTES PLANNING COMMISSION APRIL 4, 1988 • PAGE 3 Carroll moved, seconded by Daykin, that the conditional use request to allow a CONDIT- Pool Hall in a B-2 District be approved. Finegan moved, seconded by Duncan, to IONAL USE add the following conditions: the pool hall will maintain the hours of opening TO at 9:00 A.M. and closing at 12:00 Midnight and there will be no alcoholic APPROVE beverages sold or consumed on the premises. Motion carried unanimously. POOL HALL A vote was then taken on the main motion and it was approved unanimously. Wallin reviewed the issue raised regarding driveway/lawn parking during the Minnesota State Fair. Barry was of the opinion that such parking should not be allowed in Falcon Heights as it would only increase congestion, such parking could damage the curbs, city property could be damaged, alleys could be clogged, foot traffic through yards would increase and he agreed with the reasons already pointed out in Councilmember Wallin's memorandum--especially from a fire and safety standpoint. Finegan moved to table the issue. Motion died for lack of a second. Barry moved, seconded by Duncan, to make no change to the existing ordinance which prohibits such parking. Upon a vote being taken, the following voted in favor thereof'; Black, Duncan, Nestingen, Daykin, Grittner, and Barry, and the following voted against the same: Finegan and Carroll. Motion carried. • Councilmember Wallin reviewed the background information concerning problems residents are encountering with traffic generated by Ciatti's customers and what action is being taken by the City Council. After further discussion, Carroll moved, seconded by Finegan, to adopt language contained on a proposed amendment to parking requirements contained in the Falcon Heights Zoning Code contained in a memorandum prepared by Planner C. John Uban dated January 15, 1986. Motion carried unanimously. Finegan moved, seconded by Nestingen, adjournment at 10:59 P.M. Motion carried unanimously. Submitted by: APPROVED: May 2, 1988... Date ~~ ~ , Edgar~inegan, Secr~Cary ..~~II Z~I. at Brine J. 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