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Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, discussion, and possible action on all of the following items:
I. Approval of the November 23, 2015 Planning Commission Meeting Agenda. (action requested)
II. Approval of the September 28, 2015 Regular Planning Commission Meeting Minutes. (pp.1-6)
III. Public Hearing.
A. Consider a request for an Amendment to Existing Conditional Use Permit to Allow the Sale of
Alcoholic Beverages at 2510 Kenzie Terrace. (pp.7-33)
IV. Staff Reports.
V. Other Business.
A. Planning Commission Work Plan for 2016. (pp.35)
VI. Community Forum.
Individuals may address the City Council about any item not included on the regular agenda.
Speakers are requested to come to the podium, sign their name and address on the form at the
podium, state their name and address for the Clerk’s record, and limit their remarks to five minutes.
Generally, the City Council will not take official action on items discussed at this time, but may
typically refer the matter to staff for a future report or direct the matter to be scheduled on an
upcoming agenda.
VII. Information and Announcements.
A. Recognition of outgoing Commission members: Erica Crone, Brian Heinis, & Craig Poucher.
VIII. Adjournment.
CITY OF SAINT ANTHONY VILLAGE
PLANNING COMMISSION MEETING AGENDA
NOVEMBER 23, 2015
COUNCIL CHAMBERS
7:00 PM
CITY OF ST. ANTHONY 1
PLANNING COMMISSION MEETING 2
3
SEPTEMBER 28, 2015 4
7:00 p.m. 5
6
CALL TO ORDER. 7
8
Chairperson Crone called the meeting to order at 7:00 p.m. 9
10
PLEDGE OF ALLEGIANCE. 11
12
Chairperson Crone invited the Commission and the audience to join her in the Pledge of Allegiance. 13
14
ROLL CALL. 15
16
Commissioners Present: Chairperson Crone, Commissioners Bartel, Gondorchin, Heinis, 17
Papatola, and Poucher. 18
Absent: Commissioner Foster 19
Also Present: City Manager Mark Casey and City Planner Breanne Rothstein 20
21
22
I. APPROVAL OF THE SEPTEMBER 22, 2015, PLANNING COMMISSION MEETING 23
AGENDA. 24
25
Addition of Students from the Sustainability Class at University of Minnesota 26
Motion by Commissioner Gondorchin, seconded by Commissioner Bartel, to approve the 27
September 28, 2015, Planning Commission agenda. 28
29
Motion carried 6-0. 30
31
II. APPROVAL OF THE JULY 27, 2015, REGULAR PLANNING COMMISSION 32
MEETING MINUTES. 33
34
Commissioner Papatola noted the misspelling of the Interim City Planner Erin Perdu’s name 35
throughout the minutes. 36
37
Motion by Commissioner Papatola, seconded by Commissioner Gondorchin, to approve the July 38
27, 2015, Regular Planning Commission Meeting Minutes. 39
40
Motion carried 6-0. 41
42
Chris Stanley, Will Hopkins and Sarah Wagner introduced themselves. They are part of the U of 43
M Sustainability Class which is working in cooperation with the City of St. Anthony. They 44
invited the Planning Commissioners to a Sustainability Fair to be held on November 19, 2015 45
starting at 5:30 p.m. at Silverwood Park. This is the fourth year of the partnership. Their project 46
involves providing some background research for a workshop. The plans will work with the 47
Comprehensive Plan, Sustainability Programs. All are welcome to attend. 48
49
1
III. PUBLIC HEARING. 1
2
A. Consider a request for a variance to reduce the required front yard setback for a 3
two story addition at 3425 Sky Croft Circle 4
5
Chair Crone stated the decisions of the Planning Commission are not final and approval goes to 6
the City Council for consideration. 7
8
City Planner Rothstein noted the applicants are Gordon (Michael) & Becky Januszewski. She 9
reviewed the City Code requires a front yard setback of the greater of 30 feet or the average of 10
the front yard depths of the 2 adjacent lots. The home to the west has a front depth of 34.5 feet 11
and the home to the east has a front yard depth of 35 feet resulting in the average of 34.87 feet. 12
The applicant requests a variance to construct a two story addition to encroach 6.87 feet into the 13
required front yard setback to result in a front yard depth of 28 feet. The Applicant’s request for 14
a variance from the front yard setback to allow for the construction of the two story addition is 15
reasonable, per the findings listed in City Code. Therefore staff recommends approval of the 16
variance to encroach into the front yard setback. 17
18
POSSIBLE ACTIONS 19
20
1. Recommend Approval (with or without conditions) of the variance and adopt the resolution 21
found in Exhibit C. 22
23
2. Recommend Denial (with or without conditions) of the Variance. In the event of a 24
recommendation for denial (with or without conditions), the Planning Commission must state 25
its findings and any conditions related to denial. 26
27
3. Request Additional Information and Continue the Public Hearing. The Applicant appears to 28
have provided enough information for the Planning Commission to make a recommendation 29
to approve or deny the request. Should the Planning Commission request additional 30
information from the Applicant, the Planning Commission should continue the public hearing 31
until a later time. 32
33
City P lanner Rothstein showed a google map showing the houses nearby 3425 Skycroft Circle. 34
35
Three exhibits were provided for Planning Commission Review: 36
Exhibit A: Location Map 37
Exhibit B: Application and Supporting Material 38
Exhibit C: Draft Resolution 39
40
Chairperson Crone opened the Public Hearing at 7:13 p.m. 41
42
Mr. Januszewski thanked City Planner Rothstein for her help on this. He stated currently when 43
you come into the front door and it is very much like a tunnel. He said the new design would 44
make the entry more appealing. He has spoken with his neighbors and all are in favor of the new 45
design. 46
2
1
Chairperson Crone closed the Public Hearing at 7:16 p.m. 2
3
Motion by Commissioner Gondorchin, seconded by Commissioner Papatola, to recommend the 4
City Council approve Resolution approving a variance from the required yard setback in order to 5
construct a two story addition at the property located at 3425 Skycroft Circle. 6
7
Motion carried 6-0 8
9
B. Consider a request for a variance to reduce the required front yard setback for a 10
covered front porch at 3323 Sky Croft Drive 11
12
Planner Rothstein reviewed the City Code requires a front yard structure setback of the greater of 13
30 feet or the average of the front yard depths of the 2 adjacent lots. The home to the west has a 14
front depth of 34.85 feet and the home to northeast has a front yard depth of 35.14 feet resulting 15
in the average of 35.00 feet. Covered porches are allowed to encroach into the required front 16
yard setback a maximum of feet. The applicant requests a 2.36 foot variance to construct a 17
covered front porch that encroaches 7.35 feet to result in a front yard depth of 27.64 feet. The 18
Applicant’s request for a variance from the front yard setback to allow for the construction a 19
covered front porch is reasonable, based on the findings in city code. Therefore, staff 20
recommends approval of the variance to encroach into the front yard setback. 21
22
POSSIBLE ACTIONS 23
24
1. Recommend approval (with or without conditions) of the variance and adopt the resolution 25
found in Exhibit C. 26
27
2. Recommend denial (with or without conditions) of the variance. In the event of a 28
recommendation for denial (with or without conditions), the planning Commission shall state 29
additional findings and any conditions related to approval. 30
31
3. Request additional information and continue the public hearing. The Applicant appears to 32
have provided enough information for the Planning Commission to make a recommendation 33
to approve or deny the request. Should the Planning Commission request additional 34
information from the Applicant, the Planning Commission should continue the public hearing 35
until a later time. 36
37
Three exhibits were provided for Planning Commission Review: 38
Exhibit A: Location Map 39
Exhibit B: Application and Supporting Material 40
Exhibit C: Draft Resolution 41
42
Chairperson Crone opened the Public Hearing at 7:23 p.m. 43
44
3
Mr. Patrick Niccum thanked City Planner Rothstein for help in putting the packet together. He 1
stated they had always wanted to have a front porch. Only the right side of the porch is within the 2
setback. 3
4
Chairperson Crone closed the Public Hearing at 7:24 p.m. 5
6
Motion by Commissioner Papatola, seconded by Chairperson Poucher, to recommend to City 7
Council approval of a resolution approving a variance from the required front yard setback in 8
order to construct a covered front porch at the property located at 3323 Skycroft Drive. 9
10
Motion carried 6-0 11
12
13
C. Consider a request for a variance to exceed the 75 foot height allowance for Wireless 14
Telecommunication Towers at 2801 37th Avenue NE 15
16
Planner Rothstein reviewed the Applicant’s request is for a variance to increase the height of the 17
existing wireless telecommunications tower to 83 feet and install antennas that would extend to a 18
height of 87 feet. City Code Section 90.04 (B) (8) (a) states that towers shall not exceed 75 feet. 19
Verizon’s RF Engineer has provided an analysis that a coverage gap for Verizon customers 20
would remain in the Silver Lake area if Verizon installed their antennas on the existing pole 21
beneath the existing AT&T antennas. The purpose statement of the Wireless Telecommunication 22
Towers Chapter of the City Code (City Code Section §90.02 (B) (4)) promotes and encourages 23
shared collocation of towers and antennas rather than construction of additional single-use 24
towers. Therefore, staff recommends approval of a variance to exceed the wireless 25
telecommunication tower height to a maximum tower height of 83 feet and a maximum antenna 26
height of 87 feet. 27
28
POSSIBLE ACTIONS 29
30
1. Recommend Approval (with or without conditions) of the variance and adopt the resolution 31
found in Exhibit C. 32
33
2. Recommend Denial of the Variance. In the event of a recommendation for denial, the 34
Planning Commission may state its findings related to denial. 35
36
3. Request Additional Information and Continue the Public Hearing. The Applicant appears to 37
have provided enough information for the Planning Commission to make a recommendation 38
to approve or deny the request. Should the Planning commission request additional 39
information from the Applicant, the Planning Commission should continue the public hearing 40
until a later time. 41
42
Three exhibits were provided for Planning Commission Review: 43
Exhibit A: Location Map 44
Exhibit B: Application and Supporting Material 45
Exhibit C: Draft Resolution 46
4
1
Chairperson Crone opened the Public Hearing at 7:30 p.m. 2
3
Mr. Rob Veira, Consulting on behalf of Verizon Wireless. He noted the height of the tower 4
would actually be 85 feet high with a 10 foot extension. With the antennas the height would not 5
exceed 87 feet. 6
7
Commissioner Papatola asked if the additional height requires any added light or structure 8
supports. Mr. Veira noted no additional lighting would be necessary. 9
10
Commissioner Poucher asked if all of the antennas would move up the structure. Mr. Veira noted 11
the existing antennas would stay at the point they were installed on the tower. 12
13
Commissioner Bartel stated a lot of the issue regarding this is the blocking of the trees and would 14
the tower need to be raised again as the trees grow more. Mr. Veira stated the trees are mature 15
now so it shouldn’t be an issue. 16
17
Chairperson Crone closed the Public Hearing at 7:34 p.m. 18
19
Motion by Commissioner Gondorchin, seconded by Chairperson Bartel, to recommend approval 20
to City Council for a resolution approving a variance from the wireless telecommunication tower 21
height requirement at the property located at 2801 37th Avenue NE revising the overall tower 22
height to 85 feet and the antenna height not to exceed 87 feet high. 23
Motion carried 6-0 24
25
IV. STAFF REPORTS 26
A copy of the Consent Order for Case No. 14-cv-3272 (DSD/JJK) was distributed to the 27
Commission per the settlement agreement. This may be referenced in the future. 28
29
Chair Crone noted there is Government Training Institute classes available and she encouraged 30
the Commissioners to take advantage of those classes. 31
32
Commissioner Gondorchin will represent the Planning Commission at the October 13 City 33
Council Meeting. 34
. 35
36
VI. COMMUNITY FORUM - NONE 37
38
VII. INFORMATION AND ANNOUNCEMENTS - NONE 39
40
VIII. ADJOURNMENT. 41
42
Motion by Commissioner Papatola, seconded by Chairperson Gondorchin, to adjourn the 43
meeting at 7:36 p.m. 44
Motion carried 6-0 45
46
5
1
Respectfully submitted, 2
Debbie Wolfe (TimeSaver Off Site Secretarial, Inc.) 3
6
MEMORANDUM
To: St. Anthony Village Planning Commission
From: Breanne Rothstein, AICP, City Planner
Date: November 16, 2015
Planning Commission Regular Meeting for November 23, 2015
WSB Project No. 02170-240
Request: Request for an Amendment to an Existing Conditional Use Permit (CUP) to
Allow the sale of alcoholic beverages on the Property Located at 2510
Kenzie Terrace
RECOMMENDATION
The Applicant’s request for an amendment to the existing conditional use permit (CUP) to allow the sale
of alcoholic beverages on the Property located at 2510 Kenzie Terrace is consistent with the intent of
the Zoning Ordinance and the City’s Comprehensive Plan. Staff recommends approval of the Applicant’s
request as outlined in Exhibit C.
GENERAL INFORMATION
Applicant: Catrinas II, LLC
Owners: R.J. Ruppert, LLC
Location: 2510 Kenzie Terrace
Existing Land Use / Commercial/zoned: C- Commercial
Zoning:
Surrounding Land North: Low Density Residential / Zoned R-1 - Single Family Residential
Use / Zoning: East: Low Density Residential / Zoned R-1 - Single Family Residential
South: City of Minneapolis (Single Family Residential)
West: Undeveloped / Zoned C-Commercial
Deadline for Agency Application Date: 9-21-15
Action: 60 Days: 11-20-15
Letter Sent: Yes
120 Days: 01-18-16
7
CONSIDERATIONS RELATING TO THE REQUEST
1. Background
The Applicant proposes an intensification of the existing sit down restaurant business located at
2510 Kenzie Terrace. The Property is located immediately adjacent to a residentially zoned district,
with the building located approximately 120 feet from the bordering property line. The request is to
allow for the sale of alcoholic beverages on the premises. The restaurant operation is requesting
the following business hours:
• 6:00am – 10:00pm Sunday through Thursday
• 6:00am – 11:00pm Friday and Saturday
This represents a reduction in the late night hours from the original Busters’ proposal and approved
Conditional Use Permit of 11:00 p.m. on weeknights and 1:00 a.m. on weekends.
The applicant is not requesting any outdoor seating, forms of entertainment, or any other changes
to the business operations of the restaurant.
The property has an existing CUP formerly utilized by the restaurant “Busters” for the operation of a
restaurant located less than 250 feet from a residential structure or district and a variance from the
parking requirements.
2. Applicable Codes Relating to Conditional Uses.
Title XV Land Usage, Chapter 152 Zoning Code, Section §152.122 PERMITTED CONDITIONAL USES
(WITHIN THE C DISTRICT) (L) states that “Establishments primarily for the sale of beverages for
consumption on the premises” is permitted in the C District only by conditional use permit issued by
the City Council.
3. Criteria for, and Consistency with, Criteria for Conditional Use Permit (CUP) Approval. Title XV
Land Usage, Chapter 152 Zoning Code, Section §152.243 CONDITIONAL USE PERMITS (C) Application
states that a conditional use permit may be granted only by a majority vote of all members of the
City Council after determining that:
1. The use is one of the conditional uses specifically listed for the district in which the property is
located;
The Property at 2510 Kenzie Terrace is located within the C-Commercial Zoning District, which
allows “establishments primarily for the sale of beverages for consumption on the premises” as
a permitted conditional use.
The following conditions are proposed for the amendment to the Conditional Use Permit:
• The Applicant shall submit the appropriate plans and permits for review and approval
before beginning any construction or other alterations that requires a permit (i.e. building
permit for any interior work, sign permit, electrical permit, plumbing permit, etc.).
• An exterior dumpster, if proposed, shall be kept behind the existing southernmost building
and shall be screened pursuant to 150.072 (2) (d) (3) of the City Code. An escrow shall be
established by city staff, and submitted with the city prior to issuance of a certificate of
occupancy to ensure that this condition is met.
• Outdoor seating associated with the restaurant use is not permitted with this Conditional
Use Permit (CUP). If outdoor seating is desired, an amendment to this Permit is required.
8
• Any radio receiving set, musical instrument, paging system, or other similar device for the
production or reproduction of sound may not be played outside of the building between the
hours of 10:00pm and 7:00am.
• Any lighting associated with, or added to, the proposed restaurant use or parking lot area
shall be downward casting and shielded.
• Hours of operation shall be limited until 10 p.m. Sunday through Thursday and 11p.m.
Friday and Saturday night. All delivery vehicles after 10 p.m. must park on the north side of
the building located at 2510 Kenzie Terrace to minimize headlight glare onto the
neighboring single-family residential areas to the south.
• Additional natural landscaping/screening is required along the west side of the existing
easternmost drive-aisle access to/from Lowry Avenue along the south border of the
Property. Screening shall consist of coniferous shrubs and/or trees, in a quantity adequate
to visually screen as much of the parking lot area as feasible, and shall be at least three (3)
feet in height. All screening must comply with the City’s vision triangle standards to ensure
adequate clear lines of vision at the intersection of the parking lot drive-aisle to ensure
traffic and pedestrian sightlines and safety. An escrow shall be established by city staff, and
submitted with the city prior to the issuance of a certificate of occupancy to ensure that this
condition is met.
2. The City Council has specified all conditions which the City Council deems necessary to make the
use compatible with other uses in the area:
Conditions have been described in the previous Conditional Use Permit and are included in the
resolution amending the conditional use permit under consideration. Criteria met.
3. The use will not be detrimental to the health, safety, or general welfare of persons residing or
working in the vicinity or to the values of property in the vicinity; and
Surrounding land uses in the immediate vicinity include single family residential homes east and
south, high density residential to the northeast, a vacant parcel to the west and commercial
uses and single family residential (Lowry Grove) to the north and northwest. Restaurant uses
have occurred on the Property in past and have been seen as a benefit to the area. The
expansion of the menu to include alcoholic beverages as a menu option is common for a
restaurant operation and will not adversely affect the health, safety, or welfare of the
community. Criteria met.
4. The use will provide a service or a facility which is in the interest of public convenience and will
contribute to the general welfare.
Having a variety of dining options within a community is a convenience that serves the entire
community and surrounding area. The inclusion of offering alcoholic beverages as a menu
option will further expand the convenience the restaurant offers to the local community.
Having dining options within walking distance of your residence is an added benefit that not all
areas throughout the community have. Adding a restaurant business will continue to ensure the
space is occupied. Criteria met.
CONCLUSION
9
The Property has been utilized for commercial uses for the past several decades, and has been in close
proximity to single-family residential land uses. The exterior of the existing buildings on site will not
change in any way, nor will the layout of the existing parking lot. The addition of the sale of alcoholic
beverages is not expected to have an adverse effect on the surrounding neighborhood or a significant
change in the daily business operation.
Having a restaurant continue to occupy a portion of the south building will provide an alternative dining
option for residents within the immediate area and throughout the community and surrounding area.
The location of the site also lends itself well to opportunities for residents and neighbors to walk to the
property as opposed to traveling by vehicle.
RECOMMENDED ACTION
1. Recommend Approval, with conditions, of the Amendment to the Existing Conditional Use
Permit. In the event of a recommendation for approval (with conditions), the Planning
Commission may refer to Exhibit C and may modify the draft resolution for approval to include
any additional conditions that it deems necessary.
2. Request Additional Information and Continue the Public Hearing. The Applicant has provided all
of the required information for the Planning Commission’s evaluation. Should the Planning
Commission request additional information from the Applicant, the Planning Commission should
continue the public hearing until a later time.
3. Recommend Denial of the Amendment to the Existing Conditional Use Permit. In the event the
Planning Commission chooses denial of the requested Amendment to the existing Conditional
Use Permit, it should clearly state its reasons for the denial recommendation and direct staff to
prepare a resolution.
ATTACHMENTS
Exhibit A: Location map
Exhibit B: Application and Supporting Material
Exhibit C: Draft Resolution of Approval
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Exhibit A - Location Map2510 Kenzie Terrace¯0 40 8020Feet
Kenzie
T
e
r
r
a
c
e
Lowry Avenue
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14
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CITY OF SAINT ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 15-015
RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) TO ALLOW A
RESTAURANT TO BE LOCATED LESS THAN 250 FEET FROM A RESIDENTIALLY
ZONED DISTRICT AND A VARIANCE FROM THE MINIMUM REQUIRED PARKING
STALLS ON THE PROPERTY LOCATED AT 2510 KENZIE TERRACE
WHEREAS, the City of St. Anthony Village received a request from the Applicant Joel
Janssen on behalf of the Owner R.J. Ruppert Trustee for a conditional use permit
CUP) to allow a restaurant to be located less than 250 feet from a residentially
zoned district and a variance from the minimum required parking stalls on the
property located at 2510 Kenzie Terrace on October 14, 2014, legally described
as follows:
Lot 2, Block 1, KENZIE TERRACE ADDITION
WHEREAS, the Property located at 2510 Kenzie Terrace is located within the C -Commercial
Zoning District; and
WHEREAS, restaurants, cafeterias and delicatessens located less than 250 feet from a
residential structure or district are permitted conditional uses with the issuance of
a Conditional Use Permit (CUP) in the C -Commercial Zoning District; and
WHEREAS, the Property located at 2510 Kenzie Terrace is located immediately adjacent to a
residentially zoned district; and
WHEREAS, the site currently has 37 marked parking stalls for shared use between the two
buildings (and three uses) on the Property; and
WHERAS, the proposed restaurant use requires 42 parking stalls for a total of 53 parking
stalls when combined with the other uses existing on site; and
WHEREAS, the Planning Commission reviewed and considered the requests based on the
related documents shown in the Applicant's application in a public hearing at
their regular meeting on November 24, 2014; and
WHEREAS, the City Council reviewed and considered the requests at their regular meeting on
December 9, 2014 based on the related documents, testimony received during the
public hearing, and requested further review by the Planning Commission; and
WHEREAS, the Planning Commission further analyzed the request and considered additional
conditions relating to screening and hours of operation at their regular meeting on
January 26, 2015; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony
Village approves the Applicant's conditional use permit and variance requests based on the
following findings:
1. The requested conditional use permit (CUP) is consistent with all of the standards for
granting a conditional use permit as described in Section §152.243 of the St. Anthony
17
Village Zoning Code. More specifically, the City Council finds that the required
conditional use permit is justified for the following reasons:
a. The restaurant use is one of the conditional uses specifically listed within the C -
Commercial Zoning District in which the Property is located in.
b. The City has specified all conditions which the City Council has deemed
necessary to make the use compatible with other uses in the area;
c. The additional dining option within close proximity to single-family and high-
density multiple -family residential uses will provide a mixture of uses in the
neighborhood, which will promote walkability and sustainability, which
contributes to the health, safety and welfare of the persons residing or working in
the vicinity; and
d. The proposed restaurant use will provide a service which in the interest of public
convenience and will contribute to the general welfare.
2. The requested variance is consistent with all the standards for granting a variance as
described in Section §152.245 of the St. Anthony Village Zoning Code. More
specifically, the City Council finds that the requested variance is justified for the
following reasons:
a. The Applicant proposes to use the property in a reasonable manner. A restaurant
use is common within commercially zoned districts and has previously been
located on this Property.
b. The site layout in terms of size and location of the existing buildings and parking
lot area will not change with the proposal of locating a restaurant within the
vacant portion of the southernmost building. Limited parking stalls are a
circumstance unique to the Property, and were not created by the Applicant.
c. Granting the variance will not alter the essential character of the locality, as the
Property will remain a commercially zoned property which permits a variety of
uses including restaurant uses.
d. Economic considerations alone are not the basis of the practical difficulties.
e. Granting the variance is consistent with the City's comprehensive land use plan
and is in harmony with the general purposes and intent of the City's Code
relating to protecting the use districts. The use of the Property will remain the
same as it is today.
f. Granting the variance from the minimum required parking stalls will not impact
the amount of adequate light, air and access to Property or neighboring
properties.
g. Allowing the variance is in harmony with the general purposes and intent of the
City's Code relating to preventing congestion in public streets. The project will
have no impact on congestion as both Kenzie Terrace and Lowy Avenue can
18
adequately accommodate the anticipated traffic generated from the commercial
use.
h. Allowing the variance is in harmony with the general purposes and intent of the
City's Code to provide for compatibility of different land uses. The project will
have no impact on land use compatibility, and will encourage walkable and
sustainable neighborhoods through a variety and mixture of uses in close
proximity.
i. Allowing the variance is in harmony with the general purposes and intent of the
City's Code to prevent overcrowding of land and undue concentration of
structures by regulating land, buildings, yards and densities. The variance will
not result in overcrowding or concentration of buildings as the site layout will not
be modified with the proposed restaurant use.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council's approval of the
requested conditional use permit and variance is contingent on the following:
1. The Applicant shall submit the appropriate plans and permits for review and approval
before beginning any construction or other alterations that requires a permit (i.e.
building permit for any interior work, sign permit, electrical permit, plumbing permit,
etc.).
2. An exterior dumpster, if proposed, shall be kept behind the existing southernmost
building and shall be screened pursuant to 150.072 (2) (d) (3) of the City Code. A
site plan showing the proposed dumpster and screening location shall be submitted,
reviewed and approved by the City Planner prior to installation.
3. Outdoor seating associated with the restaurant use is not permitted with this
Conditional Use Permit (CUP). If outdoor seating is desired, an amendment to this
Permit is required.
4. Any radio receiving set, musical instrument, paging system, or other similar device
for the production or reproduction of sound may not be played outside of the building
between the hours of 10:00pm and 7:OOam.
5. Any lighting associated with, or added to, the proposed restaurant use or parking lot
area shall be downward casting and shielded. A lighting plan must be submitted,
reviewed and approved by the City Planner prior to installation.
6. Hours of operation shall be limited until 11 pm Sunday through Thursday and 1 am
Friday and Saturday night. The dine -in portion of the restaurant shall cease at lOpm
every night. All delivery vehicles after l Opm must park on the north side of the
building located at 2510 Kenzie Terrace to minimize headlight glare onto the
neighboring single-family residential areas to the south.
Additional natural landscaping/screening is required along the west side of the
existing easternmost drive -aisle access to/from Lowry Avenue along the south border
of the Property. Screening shall consist of coniferous shrubs and/or trees, in a
quantity adequate to visually screen as much of the parking lot area as feasible, and
shall be at least three (3) feet in height. All screening must comply with the City's
19
vision triangle standards to ensure adequate clear lines of vision at the intersection of
the parking lot drive -aisle to ensure traffic and pedestrian sightlines and safety.
Adopted this 10`h day of February, 2015.
Jerome O. Faust, Mayor
ATTEST:
Barbara J. Suciu, City Clerk
Review for Administration: Z
Mark Casey, Q ty Manager
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CITY OF ST. ANTHONY VILLAGE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. __________
RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) AMENDMENT
TO ALLOW AN INTENSIFICATION OF THE RESTAURANT USE TO INCLUDE THE
SALE OF ALCOHOLIC BEVERAGES ON THE PROPERTY LOCATED AT 2510
KENZIE TERRACE
WHEREAS, the City of St. Anthony Village received a request from Catrinas II, LLC on
behalf of the Owner R.J. Ruppert Trustee for a conditional use permit amendment (CUP) to allow
the intensification of the approved restaurant use to include the sale of alcoholic beverages on the
property located at 2510 Kenzie Terrace on September 21, 2015, legally described as follows:
Lot 2, Block 1, KENZIE TERRACE ADDITION
WHEREAS, the Property located at 2510 Kenzie Terrace is located within the C-
Commercial Zoning District; and
WHEREAS, the City Council approved the restaurant use through issuance of a
conditional use permit, with conditions, through Resolution 15-015 on February 10th, 2015; and
WHEREAS, the Planning Commission reviewed and considered a conditional use
permit amendment, based on the related documents shown in the Applicant’s application in a
public hearing at their regular meeting on November 23, 2015 and recommended approval of the
amendment, with conditions; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of St.
Anthony Village approves the Applicant’s conditional use permit amendment based on the
following findings:
1. The requested conditional use permit (CUP) is consistent with all of the standards for
granting a conditional use permit as described in Section §152.243 of the St. Anthony
Village Zoning Code. More specifically, the City Council finds that the required
conditional use permit is justified for the following reasons:
a. The proposed use is allowed as a conditional use permit within the Commercial
Zoning District;
b. The City has specified all conditions which the City Council has deemed
necessary to make the use compatible with other uses in the area;
c. The additional dining option within close proximity to single-family and high-
density multiple-family residential uses will provide a mixture of uses in the
neighborhood, which will promote walkability and sustainability, which
contributes to the health, safety and welfare of the persons residing or working in
the vicinity; and
d. The proposed restaurant use will provide a service which in the interest of public
convenience and will contribute to the general welfare.
22
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council’s
approval of the requested amendment to the conditional use permit is contingent on the following:
1. The Applicant shall submit the appropriate plans and permits for review and approval
before beginning any construction or other alterations that requires a permit (i.e.
building permit for any interior work, sign permit, electrical permit, plumbing permit,
etc.).
2. An exterior dumpster, if proposed, shall be kept behind the existing southernmost
building and shall be screened pursuant to 150.072 (2) (d) (3) of the City Code. An
escrow shall be established by city staff, and submitted with the city prior to issuance
of a certificate of occupancy to ensure that this condition is met.
3. Outdoor seating associated with the restaurant use is not permitted with this
Conditional Use Permit (CUP). If outdoor seating is desired, an amendment to this
Permit is required.
4. Any radio receiving set, musical instrument, paging system, or other similar device
for the production or reproduction of sound may not be played outside of the building
between the hours of 10:00pm and 7:00am.
5. Any lighting associated with, or added to, the proposed restaurant use or parking lot
area shall be downward casting and shielded.
6. Hours of operation shall be limited until 10 p.m. Sunday through Thursday and
11p.m. Friday and Saturday night. All delivery vehicles after 10 p.m. must park on
the north side of the building located at 2510 Kenzie Terrace to minimize headlight
glare onto the neighboring single-family residential areas to the south.
7. Additional natural landscaping/screening is required along the west side of the
existing easternmost drive-aisle access to/from Lowry Avenue along the south border
of the Property. Screening shall consist of coniferous shrubs and/or trees, in a
quantity adequate to visually screen as much of the parking lot area as feasible, and
shall be at least three (3) feet in height. All screening must comply with the City’s
vision triangle standards to ensure adequate clear lines of vision at the intersection of
the parking lot drive-aisle to ensure traffic and pedestrian sightlines and safety. An
escrow shall be established by city staff, and submitted with the city prior to issuance
of the certificate of occupancy to ensure that this condition is met.
8. (insert additional conditions as discussed)
APPROVED in the regular session of the City Council on ___________________.
___________________________________
Jerome O. Faust, Mayor
Attested:
___________________________________
23
Nicole Miller, City Clerk
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25
2510 Kenzie Terrace
Conditional Use Permit Amendment
Request
Planning Commission Meeting
November 23, 2015
2510 Kenzie Terrace
•General Information
Applicant: Luis Caire, Catrina’s II, LLC
Owners: R.J. Ruppert, LLC
Location: 2510 Kenzie Terrace
Existing Land Use Commercial/ Zoned C-Commercial
/ Zoning:
Surrounding Land Use
/ Zoning: North: LDR/ zoned R1
East: LDR / zoned R1
South: City of Minneapolis (SFR)
West: Undeveloped/ zoned C-Commercial
26
2510 Kenzie Terrace
•Overview
–Request to open a new Mexican restaurant (1,436 sf)
to intensify restaurant use to include the sale of
alcoholic beverages
–Conditional Use Permit was received in 2014 to allow
for a restaurant less than 250 feet from residential
area
–Parking Variance was received in 2014 to allow for a
reduction to required parking stalls
•37 spaces exist on the Property today
•53 stalls required (all uses on site)
27
•Amendment Request includes:
–Reduction in hours from 11:00 p.m. closing to 10
p.m. (Sunday through Thursday) and from 1:00
a.m. to 11:00 p.m. on weekends.
–Allowance for a liquor license to serve wine and
beer
–All other terms and conditions would remain the
same as 2014 permit.
2510 Kenzie Terrace
2510 Kenzie Terrace
28
https://www.google.com/maps/@45.0132267,-
93.224921,3a,75y,35.24h,60.26t/data=!3m6!1e1!3m4!1sRKdMMjLWbD69qZ7KWPPAWw!2e0!7
i13312!8i6656
29
2510 Kenize Terrace
•CUP Criteria Review
–Use is one of the conditional uses specifically listed in
the district;
–City Council has specified all conditions;
–Use will not be detrimental to the health, safety or
general welfare of persons residing or working in the
vicinity;
–Use will provide a service or facility which is in the
interest of public convenience and will contribute to
the general welfare
2510 Kenzie Terrace
•Recommendation
Staff recommends approval of the conditional use permit
(CUP) amendment to allow a restaurant to pursue a liquor
license on the Property located at 2510 Kenzie Terrace
subject to the findings and conditions outlined in Exhibit C.
30
Conditions
•Building Permits
•Outdoor Seating Prohibited
•Dumpster Screening and escrow
•Amplification
•Hours of Operation
•Landscaping and Escrow
2510 Kenzie Terrace
Questions?
31
NOTICE OF A PUBLIC HEARING
Notice is hereby given that on November 23, 2015, at 7:00 p.m. at City Hall, 3301 Silver Lake Road, the
Saint Anthony Village Planning Commission will hold a public hearing to solicit public response to a
request from Catrina’s II, LLC for a conditional use permit amendment to increase the use from a
restaurant without a liquor license to a restaurant with a liquor license at the property located at 2510
Kenzie Terrace. The Planning Commission will make a recommendation regarding the proposed request
to the City Council for their meeting to be held on December 8, 2015, 7:00 p.m. at City Hall.
Those persons having an interest in said meetings are encouraged to attend. Oral testimony will be
accepted on the above subject at this meeting. Written comments may be taken at the St. Anthony
Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the
hearing. Questions may be directed to the City Planner at 763-231-4863.
The Planning Commission agenda and packet item relating to this application will be made available
prior to the meeting online at www.saint-anthony.mn.us .
Breanne Rothstein, AICP
City Planner
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33
St. Anthony Village Planning Commission
2016 Work Plan - DRAFT
The Planning Commission is a seven member advisory commission, appointed by the City Council and
charged with the following duties (City Code Chapter 32, Section 32.06):
A) Review and make recommendations to the City Council as to a comprehensive municipal plan,
including the land use plan, a community facilities plan, a transportation plan, and
recommendations for plan adoption and execution;
B) Consider and make recommendations to the City Council as to all proposed subdivisions and
plats;
C) Consider and make recommendations to the City Council as to all proposed amendments to the
Chapters 151 and 152 of this code regarding subdivisions and zoning;
D) Consider, hold hearings, and make recommendations on conditional use permit applications;
E) Review all applications for variance to zoning, hold hearings, and make recommendations to the
City Council; and
F) Review requests for sign variances.
In 2016, the Planning Commission will focus on the following items:
1. Continue training on both planning/zoning issues.
2. Review and making recommendations on land use and development applications.
3. Reviewing and making recommendations on privately or City initiated rezoning and land use re-
guiding.
4. In conjunction with two City Council members, serve as the steering committee for an update to
the City’s Comprehensive Plan, which will take a year of the Planning Commission’s time. The
Planning Commission’s role for the Comprehensive Plan is outlined below.
• Advocacy. The Planning Commission will represent the city and help inform neighbors,
and St. Anthony citizens about the importance of the Comprehensive Plan.
• Steering Committee meetings. The Planning Commission will be engaging in discussions
around the comprehensive plan update at almost every meeting in 2016.
• Attendance at Community wide meetings (2). The Planning Commission will be expected
to participate and attend community wide meetings.
• Review of draft documents. The Planning Commission will review and make
recommendations regarding goals and policies to the City Council, who will ultimately
approve the plan.
34
PUBLIC INPUT SHEET
In order to address the City Council and to be heard on an
Agenda item, please complete the following and pass this
completed sheet to the City Manager. Speakers are
requested to come to the podium, clearly state their name
and address for the City Clerk's record.
Date
Name: L A EjL I N C IISS av
Address: 2 -7 G u ti C t uk G,, 2,,
U) � BeFIY 1 All
Agenda Item Addressing: EI t - Ant
PUBLIC INPUT SHEET
In order to address the City Council and to be heard on an
Agenda item, please complete the following and pass this
completed sheet to the City Manager. Speakers are
requested to come to the podium, clearly state their name
and address for the City Clerk's record.
Date: �/j 3 �S
Name:
Address: &Lei
Agenda Item Addressing: O t 'r! o^-'"kL-
PUBLIC INPUT SHEET
In order to address the City Council and to be heard on an
Agenda item, please complete the following and pass this
completed sheet to the City Manager. Speakers are
requested to come to the podium, clearly state their name
and address for the City Clerk's record.
Date:! IT�-3 1 1 }5 t
Name: — �cl d Iy1CACE'(
Address: ( �'
Agenda Item Addressing: CO, „ C)
PUBLIC INPUT SHEET
In order to address the City Council and to be heard on an
Agenda item, please complete the following and pass this
completed sheet to the City Manager. Speakers are
requested to come to the podium, clearly state their name
and address for the City Clerk's record.
Date: 1 2 3
Name:"UL i'✓VJp�i� }i v
Address:g3`6t67 ClLf IA, -Of -
Agenda Item Addressing.r.n .0 1» C, �*