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HomeMy WebLinkAboutPL PACKET 11151988 • C=TY OF S T . AN�1:'HO�TSc' PLANNING COMM� SS�C�1�1' A0ENDA 9 C0UNC 2 L CHAMBERS As Cull tb Order: H. Roll Cali. C. Minutes, 1. Planning Commission - October 180 1988: D. besignate Commission Representative to the codncil Meeting on November 22, 1988. E. public Hearingis. 1. 7:35 P.M. - R. L. Johnson Investment . (Nordquist si4h Co. ) , 3055 old Highway 9; sign variance. • 2. 7:50 P.M. - Video Update, 2510 Kenzie Terrace; con- ditional use amendment. 3 . 8:15 P.M. - Edward Hance, 2813 Silver Lane; setback variance. • C 2 TY O F S T . ANTHONY • P LAWN 2 NG COMM 2 S S 2 ON M 2 NUT E S OCTOBER 18 , 1988 1 The meeting was opened-satN-7t. 35"P'.M: with the Pledge of Allegiance led 2 by Chair Wag 3 ROLL CALL 4 Present for roll call : London, Brownell, Franzese, Wagner, Werenicz. 5 Absent: Hansen, Madden. 6 Also present: David Childs, City Manager 7 Sue .VanderHeyden, Assistant to the City Manager 8 SEPTEMBER 20 1988 PLANNING COMMISSION MINUTES 9 Motion by Brownell, seconded by Werenicz to approve the September 20th 10 Commission minutes with the following changes: 11 Page 1 , line 21: Substitute "Recommendation for" for "Recommended" . 12 Page 2, line 9: Substitute "location" for kocations" . 13 Page 3 , line 13: Delete "only" and substitute "indicate" for "in- 14 dicated" . Page 3 , line 31: Substitute "usual" for "usually". OP6 Page 9, line 22: Correct typo to "changed in". 17 Page 9, line 29: Substitute "three" for "two" and "raised" for 18 "spoke" .. 19 Page 9, line 30: Substitute "concerns" for "against" . 20 Motion carried unanimously. 21 Commissioner Brownell to Represent Planning Commission at Council's 22 October 25th Meeting 23 It was noted that it had been Chair Wagner who represented the Commis- 24 sion at the Council's September 27th meeting. 25 PUBLIC HEARINGS 26 Recommendation That Preliminary Plat for Evergreen Townhome Project be 27 Approved Subject to Resiting of Building #1 and Screening Railroad 28 Tracks 29. At.. 7:40 P.M. Chair Wagner opened the public hearing on the above by 30 reading aloud the Notice of Hearing which had been published in the 31 October 5th Bulletin and sent to all property owners of record within • 1 1 350 feet. of the subject property. No one present reported failure to 2 receive the notice or objected to its content. • 3 Staff Report 4 *Mr. Childs' October 10th memorandum advising that the preliminary 5 plat still showed a 10 foot sideyard setback between Unit #1 and its 6 west property line where an increase to 15 feet had been established as 7 one of the conditions under which the property would be rezoned from 8 single family to townhome for this project; 9 *added that this condition could still be provided in the final plat 10 which .cannot be approved until the final Redevelopment Agreement with 11 Evergreen Development can be completed, which he estimated would 12 probably be sometime in November; 13 *reiterated that he perceived the new platting addressed most of the 14 other Commission and Council concerns related to storm water storage and 15 the provision of an access easement to be negotiated with the owner of 16 the landlocked Lot 5 in the Villella Subdivision if Mr. Nordahl can 17 work out similar easements with the owners of the three other lots 18 between his lot and the project property; 19 *indicated the developers had redrawn their original plans to 20 establish a roadway next to the railroad tracks over which access 21 easements for those four properties could be negotiated between the 22 developer and the property owners; 23 *reported Mr. Hoium of Evergreen had indicated he perceived units 1, • 24 2, 3, and 4 could be pushed at least five feet further from the west 25 property .line than shown on the Preliminary Plat; 26 *told Commissioner Franzese there would still be 37 units in the 27 development but they had been distributed throughout 10 rather than 8 28 buildings to accommodate the number of prospective buyers who wanted 29 end units. 30 Plat Proponents 31 Vern Hoium, Evergreen President, and Vice President Ursula Sheehy, who 32 handles marketing, confirmed that there might be more reshuffling of 33 building siting to include pushing the building closest to western most 34 neighbor farther away from the dividing property lines; 35 *indicated the provision of a 32 foot roadway next to the railroad 36 tracks provided 100 foot building setback from the tracks which would 37 be necessary to get mortgage financing for the buildings closest to 38 the tracks. 39 Ouestions and Concerns of Neighbors 2 • 1 Curtis Nordahl, 3513 Skycroft Drive, whose concerns had previously been 2 presented during the April 26th Council meeting, asked whether the 41 street Evergreen intended to construct next to the railroad tracks would be a 60 foot dedicated . street or a private roadway. When told it 5 would be the latter, Mr. Nordahl said that constituted a basis for a 6 concern for him since he perceived the City had still not provided a 7 permanent remedy for his problem of having no access across the other 8 undeveloped lots between his own landlocked property and the property 9 now being developed. Mr. Nordahl indicated he thought the City should 10 not allow that development unless the street which was proposed was a 11 dedicated street. 12 He was told that only the street location and not its status as a 13 private . street had been changed between the plan the Council had 14 accepted for a zoning change and the Preliminary Plat being presented 15 that evening primarily because there would not be enough room within the 16 project for a 60 foot street. 17 Mary Jo Points, 3914 Foss Road, Apartment 101, indicated she was present 18 to discuss several points of concern which she and other Mirror Lake 19 residents had about the project. She wanted to know: 20 *whether the Amoco Oil pipeline which ran under Mirror Lake also ran 21 under this property; 22 *if the fact that the developers were leaving a triangular piece of 23 land between the proposed jog in the street and the railroad meant they 24 might be contemplating. an egress onto Foss Road and through their ep project; 26 *who had authorized the dumping of fill on this property which had 27 caused the nesting ducks to cross the road and to build their nests in 28 the Mirror Lake entryways instead; 29 *whether the City or whether the developers would be paying for 30 water, sewer, and fire protection for the townhomes and the streets 31 within the project. 32 Mrs. Points was assured . that the Amoco Oil Co. , pipeline ran under the 33 Harstad property north of Silver Lane and east and north of the 34 project. Mr. Childs told her the Rice Creek Watershed District had 35 issued a permit to Ramsey County to dump the materials they had 36 removed from County Road "D" onto this property and said he expected 37 that once the developers remove that fill and provide ponding in. that 38 area the wildlife will probably return to nest in the same area. He 39 also assured her and Hal Rogers, 4011 Fordham Drive, that the tax 40 increment financing the City was negotiating with the developers only 41 involved soil corrections and this developer, like any other developer, 42 would have to pay all the costs for any water or sewer line extensions 43 and for any interior streets on the property. 3 1 Mr. Rogers was told copies of the Preliminary Plat would be made 2 available for any residents who wanted one and Mr. Hoium told him the 3 developers had been able to negotiate soil corrections costs down to 4 about $273,000.00 which was a lot less than first anticipated. The 5 questioner was again assured that the final rezoning of the property 6 would not be done until after the Redevelopers Agreement has been 7 signed and the final platting for the property had been submitted for 8 Planning Commission review. The property would only be rezoned for 9 townhomes after the Council had approved both documents. 10 Richard D. Oertwich, 3408 Silver Lane, was assured that at least a 15 11 foot setback would be left between unit #1 and his property line which, 12 if his own residence was 12 or 13 feet from the lot line, would leave 13 about 30 feet between the two structures. Mr. Oertwich also wanted 14 assurance that some sort of screening would be provided between the two 15 properties. 16 The Chair reiterated that this was one of the conditions which had to 17 be met before the property would be rezoned and that setback would most 18 likely be included in the final plan which the City Manager expects to 19 have back for Commission review in about 30 days. 20 Mr. Childs indicated he would send out notices of not only the 21 Commission review of the final plan but also the meeting where the 22 Council would most likely be giving the third reading for adoption of 23 the ordinance which would rezone his property. 24 There was no response to the Chair's invitation for further comments. 25 Ms. Sheehy reported that many of the prospective buyers of the 26 townhomes had told her they had no objections to trains and since there 27 was, a chance that line might be discontinued altogether, she wondered 28 why any screening of the tracks was necessary. She said one of the 29 persons who had reserved a unit had told her the railroad had replaced 30 the short tracks with long ones which left only the noise generated by 31 the engines to make that steep grade. Although the berming was no 32 longer considered necessary with the placement of the street between the 33 structures and the railroad tracks, the general consensus was that 34 screening should remain a condition for rezoning the property. 35 Sketches of the individual units were shown to the residents with the 36 proponents indicating the exterior would be of rough cedar appearing 37 vinyl. 38 The Chair closed the hearing at 8:13 P.M. but reopened it at 8:14 P.M. 39 when -Mr. Nordahl requested-. he be given an opportunity of making a 40 formal statement of his concerns about the project. 41 His presentation included repetition of his position on the issue as 42 stated in his letter to the City , Manager, copies of which had been 43 provided the Council before their April 26th meeting. That position 44 was that by allowing Lot 5 of the Villella addition to be developed 4 I with a need for access, the City had undertaken the responsibility for 2 meeting that need. Nr. Nordahl reiterated his opposition to developing the land on Silver 4 Lane without provision of a 60 foot dedicated street through the 5 property to provide access to Silver Lane for his and other landlocked 6 properties within 500 feet of the proposed development. He said he 7 seriously doubted whether access -could ever be provided off Fordham 8 Drive and perceived the owners of those other properties should be just 9 as concerned as' he is about the issue. 10 He told the Chair the original plot for Lot 5 and Lot 4 on which he had 11 built had never anticipated access for Lot 5 through Lot 4. He said 12 he purchased Lot 4 in 1971 and built a house right in the center of it. 13 He said he purchased Lot 5 in 1978 as "a separate plotted and surveyed 14 City lot indicating a proposed road easement shown on the lot survey 15 and intended to develop that lot as a separate parcel. " His statement 16 insisted that at no time since 1967 when the lots were plotted as the 17 Villella Addition were lots 4 and 5 ever considered as one or was access 18 for Lot 5 ever considered through- Lot 4. 19 Mr. Childs indicated the document he had seen for the Nordahl lot had 20 shown what could have been the bottom half of a cul du sac but there 21 were no lots of record north of that property which indicated any 22 continuation of that roadway. He reiterated that all of the properties 23 next to any such dedicated street would be assessed for the costs of 24 the street. Mr. Nordahl said he found it hard to believe that 25 considering the value of buildable lots in St. Anthony, owners of the undeveloped property north of him wouldn't welcome the opportunity of having access opened to . them. The Chair pointed out that apparently 28 some of the owners of property on Fordham Drive were opposing having an 29 access across the back of their property. 30 Nr. Childs summarized their testimony at the Council meeting, 31 indicating the owners of some . of the abutting lots had indicated 32 opposition to a dedicated road across their property. 33 Mr. Hoium interjected at this point that Mr. Nordahl's Lot 5 was at 34 least 500 feet south of the subject property with three intervening lots 35 between. He said , when those lots are developed the discussion this 36 evening would be appropriate, but without that, he perceived the 37 question to be "moot" . The Evergreen President indicated that, was the 38 reason they were willing to. provide an access easement for .those 39 intervening lots with, of course, the costs of street maintenance being 40 negotiated with each owner as lots were developed. 41 Ms. Sheehy reiterated that any structure on those lots would have to . 42 be -built 100 feet away from the tracks to get mortgage financing. Mr. 43 Nordahl said it was possible the owners could finance the construction 44 independently and concluded "I'd gamble on selling a house there very 45 easily" and pointed out that the Evergreen marketing executive had just 46 indicated the "charm of having a train. " He then, read the March 3 , 1967 . 5 I letter he had received from Comstock and Davis, the original surveyor 2 for his property, which referred to the road easement for Lot 5 which 3 referred to the easement feeding the 11 lots straight north of him in 4 Mounds View Addition as being "accepted by the City of St. Anthony and 5 the Planning Commission, which indicated a clear intent to access 6 Villella Addition, Lot 5 from Silver Lane to the North. " 7 Mr. Hoium told Mr. Nordahl that he had spent an hour and a. half .of the 8 Council'•s time April 26th giving the same testimony after which the 9 Council had told him that the Evergreen property development would have 10 no effect on his property. Mr. Nordahl indicated he did not agree with 11 that assumption but believed instead that "what's happening now is 12 contrary to what was done in 1967 when my lot was created." He again 13 conceded that the bottom half of a cul du sac shown on the survey of 14 Lot 5, Villella Addition was not shown on any of Mounds View Acres, 15 Second Addition surveys, but reiterated that the survey language had 16 caused him to assume access would be provided to his property. 17 Mr. Childs indicated he perceived Evergreen's willingness to provide an 18 access easement across their project was only the first step towards 19 providing that access with the rest to follow with the development of 20 the intervening lots between Mr. Nordahl's Lot 5 and the project. 21 Mr. Nordahl said he didn't perceive "access off Fordham Drive would ever 22 be in the cards" and that was why he perceived "there had to be a 23 dedicated street in the plat plan for the townhome project or, 24 otherwise, end up with landlocked property. " Chair Wagner disputed this 25 assertion that there would never ben an access off Fordham, telling Mr. • 26 Nordahl he believed "things. could change." He told the protestor that 27 all of the same statements of his position had been clearly reported 'in 28 the april 26th minutes and although the Planning Commission had concern 29 about his property being buildable, they agreed with the Council that 30 since it was not even adjacent to the townhome project, his problems 31 were not germane to the plat before them that evening. 32 Commissioner Franzese indicated she perceived it was now up to Mr. 33 Nordahl to communicate with his neighbors to the north who could give 34 him an easement if they wanted. She felt his success in getting access 35 was dependent on that rather than on the City's course of action on 36 property 500 feet away from him. .She pointed out that by allowing 37 the townhome project the City was not creating his problem. 38 Mr. Nordahl said he talked to Mr. Reid who was willing to develop his 39 property in the manner which was discussed with access from the north, 40 but the other property owner "is not approachable. " 41 Chair Wagner indicated the minutes would reflect Mr. Nordahl's request 42 for a dedicated street as well as the fact that Evergreen has offered 43 to negotiate an access easement across their property when the 44 intervening lots are developed. 45 The hearing was closed at 8:38 P.M. 6 1 Commission Recommendation QMotion by Franzese, seconded by Brownell to recommend the Council 3 approve the Preliminary Plat dated September 9, 1988, for the 37 unit 4 townhome project proposed to be constructed by the Evergreen Development 5 corporation on the parcel legally described as Lots 1, 2, and 3, Block 6 4, Mounds View Acres, Ramsey County, MN and Block 2, Mounds View Acres, 7 Ramsey County, MN generally described as a vacant parcel 4.85 acres in 8 size located east of Fordham Drive, south of Silver Lane and west of 9 the Soo Line Railroad tracks. The Commission recommends approval be 10 conditioned upon: 11 1. Detailed plans from the developer to include screening rather than. 12 berming along the railroad track; provision of no less than a 15 foot 13 sideyard setback along the west property line adjacent to Building #1 14 with trees and shrubbery to be provided in that same area. 15 2. Drainage subject to City engineering approval. 16 In recommending approval of the Preliminary Plat, it is noted that the 17 developer offered to negotiate a shared cost access easement over the 18 street closest to the railroad tracks for the future development of Lot 19 5, Villella Subdivision. 20 Motion carried unanimously. 1 Commissioner Brownell stated that he perceived the motion was fair to Mr. Nordahl because the City would still be able to have something to 3 say about how the intervening lots would be developed. 24 Commission Concurs with Extension of Minnesota Scientific's Permit 25 Deadline Until April, 1989 26 At 8:48 P.M. the Chair opened the public hearing on the above request 27 by reading the notice of the hearing which had been published in the 28 October 5th Bulletin and sent to all property owners of record within 29 350 feet of the subject property. No one present reported failure to 30 receive the notice or objected to its content. 31 Request: 32 *from Minnesota Scientific conveyed by the September 19th letter from 33 Donatelle Properties, 401 County Road E-2 West, New Brighton; 34 *for an extension of the deadline of October 31, 1988 which had 35 been imposed by the Council when they granted a conditional use permit 36 for a temporary office trailer at 3839 chandler Drive. 37 Staff Report . 7 1 *Mr. Childs' October 14th memorandum giving the background history 2 of the permit to which he had attached copies of the pertinent August 3 18, 1987 Planning Commission and august 25, 1987 Council minutes; • 4 *reiterated that the Council had imposed an earlier deadline than 5 the Commission had recommended, perceiving that the actual lease date 6 at that time was more an appropriate deadline and anticipating that 7 Minnesota Scientific could always come back for an extension if they 8 were not able to move before the end of October; 9 *reported the company would be moving into Donatelle office space in 10 New Brighton, but because the current lease held by someone else on that 11 space doesn't terminate until the end of December, and it appears 12 renovation and remodeling would delay Minnesota Scientific's moving 13 until at least the end of March, the city is now being requested to 14 extend the deadline until that time; 15 *recalled that only one of all the residents who had been notified of 16 the August, 1987, Commission hearing had attended that meeting. The 17 primary concern of William G. Graff, 3824 Foss Road, at that hearing 18 had been that "when Minnesota Scientific moved out of St. Anthony, the 19 trailer be removed at the same time and the ground underneath be 20 returned to its original state"; 21 *said he hadn't heard from any of the neighbors since the October 4th 22 notice (Chair Wagner reported Commissioner Madden had talked to Mr. and 23 Mrs. Graff and reported the neighbors had no objections to extending 24 the deadline. The applicant had also talked to them with the same 25 response. ) 26 Proponents: 27 Bruce LeVahn, President of Minnesota Scientific, said his request had 28 been accurately reported in the Donatelle letter and it had only been 29 because of the press of business at this time, that the October 31st 30 deadline date had been overlooked. 31 Mr. LeVahn reported further. that: 32 *there are seven people working in the detached facility now and it 33 would be a great inconvenience for them not to be allowed to keep the 34 facility until they moved; 35 *reported Minnesota Scientific had been negotiating a lease with 36 Donatelle Properties for the last six months and couldn't move when 37 their lease with that company ran out; 38 -*his form had been negotiating with Donatelle Properties for the last 39 six months to lease space in one of their New Brighton buildings and 40,.. uncertainty whether the space they wanted would be available had 41" prevented them from signing a lease before this time; 8 • 1 *he was now certain that space would be available by April. Chuck Donatelle, 4008 Macalaster Drive, was present to affirm the statements he and his brother, Michael, who was also present, had made 4 in their letter applying for the extension. 5 No one else spoke to the issue and the Chair closed the hearing at 8:52 6 P.M. 7 Commission Recommendation: 8 Motion by Brownell, seconded by Werenicz to recommend that the City 9 Council grant the request from Minnesota Scientific, -Inc. , 3839 10 Chandler Drive, for an extension of the existing special use permit #14- 11 '87 which would allow the company to retain the existing temporary 12 mobile office on the east side of the building at that location until 13 April 1, 1989 or upon the date the company vacates the property , if 14 that is sooner. The conditions which the Council had imposed on the use 15 of this facility with their motion of approval August 25, 1987 would 16 remain in effect with this extension. 17 Motion carried unanimously. 18 NEW BUSINESS 19 Commissioners Impressed with Master Plan for the Future of the Silver 20 Lake Camp Copies of the Plan had .been duplicated in the Commission agenda packet 2 and provided reference points for the discussion of a 20 year plan for 23 the camp by Dale Westberg, Director of the Salvation Army Camp, and Lt. 24 Colonel Harry Smith, Divisional Commander of the Northern Division of 25 the Salvation Army, both of whom reside on the camp grounds at 2950 26 West County Road E in St. Anthony. 27 Staff Regort: 28 *Mr. Childs' October 14th memorandum reporting on the immediate plans 29 of the proposal and the St. Anthony Recreation Open Space Ordinance, 30 which requires that "all structures be constructed of a material and of 31 a design which is compatible with the natural environment as determined 32 by the Planning Commission and Council and which conforms with 33 applicable codes." 34 Mr. Westberg told the Commissioners the Salvation Army plans: 35 *to reopen the stone pillared northwest entrance to the camp which 36 has remained an historic landmark in St. Anthony since the camp opened 37 in 1921; 38 *to repave the road coming into the camp and add a new parking area 39 which would accommodate about 80 cars; • 9 1 *to construct a new administration building at the crown of the hill 2 just south of that area so access to the camp can be controlled and 3 guests greeted from the office; 4 *to relocate the work area to the camp perimeter where it would be 5 less visible to the guests and would provide greater safety for the 6 camp. This would require the construction of a new vehicle/construc 7 tion/maintenance building to replace the existing building. 8 The Camp Director 'indicated these projects were estimated to cost the 9 Salvation Army about $350,000 and would be started as soon as City 10 approval is given. He then went over the portions of the Master Plan 11 which would be undertaken as soon as funding is available to "move the 12 camp into the 21st Century. " He. said all improvements were planned to 13 get the best use of the land which is available; not to damage the 14 environment; and to maintain what is almost a "wilderness type setting 15 in a metropolitan area where the type of services the Salvation Army 16 provides are very much in demand. " 17 Mr. Westberg indicated the Master Plan was the third plan which had 18 been presented over the years. The first was drawn in 1970 to 19 revitalize the camp and bring it up to the current standards of that 20 time. In 1980 another plan to re-affirm that the camp was going in the 21 direction the Salvation Army wanted it to go, was presented for City 22 approval. Now in the midst of the Salvation Army's capital campaign, 23 the camp officials wanted to take a fresh look at the changes in 24 camping trends and they wanted to be ready to respond to those changes 25 to meet the needs of the campers 65% of whom are now adults. They also 26 wanted to increase the efficiencies of the camp so as to rely less on 27 outside subsidies to offer the facilities and services for the camp's 28 guests. 29 The Camp Director reported the majority of their weekend guests stayed 30 only from Friday to Saturday night and only about a third stayed over 31 until Sunday. Use of the camp by children is mainly during the summer. 32 From September to May or June, 95% of the guests are adult groups from 33 around the metropolitan area and even from around the nation. 34 Mr. Westberg gave a rapid run through of the plans he had submitted for 35 Commission review. He told the Chair the camp officials had been 36 turning St. Anthony children away from fishing from the bridge between 37 the main camp and Kiwanis Island because of the difficulties involved 38 in distinguishing who are campers and who aren't. Colonel Smith 39 recounted several incidents which had occurred which resulted in more 40 stringent regulations necessary to meet the camp's responsibility for 41 the safety of the children entrusted to their care. He said he liked 42 the idea of having a special open house day for St. Anthony residents 43 to visit the camp as well as school sponsored visits throughout the 44 year, especially during the week when other groups aren't using the 45 camp facilities. 10 • I Mr. Westberg pointed out that there were several groups of parochial school children who participated in planned day activities in the camp now and he perceived the staff would welcome the same type of activities for school children in the St. Anthony/New Brighton School District as 5 well. 6 The Camp Director told Commissioner Brownell' the new buildings would 7 have wood construction with rough cedar siding. The administration 8 building would also have natural rock trim. The architect had even 9 changed the construction of the maintenance building from steel to wood 10 frame to better fit into the natural environment. of the camp. The goal 11 is to put all utilities underground to provide better visuals of the 12 camp. He promised to bring the plans to staff as soon as they are 13 available from the architect. 14 Commission Recommendation 15 Motion by Werenicz, seconded by Franzese to recommend Council approval 16 of the long range building plans for land use and facilities development 17 contained in the Salvation Army's Master Plan for the Silver Lake Camp 18 in St. Anthony. The Commission has reviewed the building materials to 19 be used in the facilities and found them to be in keeping with the 20 natural environment of the camp and recommends that each project be 21 reviewed: by City staff to assure that they meet all current building 22 codes and regulations. 23 Motion carried unanimously. ADJOURNMENT 25 An informal progress update on various City projects was given by Mr. 26 Childs before the following: 27 Motion by Brownell, seconded by Franzese to adjourn the meeting at 28 9:50 P.M.' 29 Motion carried unanimously. 30 Respectfully submitted, 31 Helen Crowe, Secretary 32 :cjk • 11 . ain thou illa e fDA7'r]E : A P PROVA NQvember 9 , 19RR ko TO : planning Commission Members FROM : David M. Childs, City Manager ITEM : R. L. JOHNSON INVESTMENT CO. SIGN VARIANCE REQUEST This request from R. L. Johnson Investment Co. is for a ground sign (2 sided) of 118 square feet and overall height of 11.9 feet. The site is the south side- of the old _Medtronic building, which is located in a light industrial zone. Section 430, Subdivision 6 of the City code (page 9 of the Sign code) speaks to this issue: >A two sided sign may be 32 square feet in size (16 square feet per side) unless it is less than 5 feet in height. A square footage bonus is allowed if the sign is shorter than 5 feet in height. That is not the case in this request, so no bonus is given. >A sign may be taller than 5 feet (maximum 8 feet) if it is landscaped in accordance with Subd. 6, d. 2. This does not, however, allow the sign to be larger than 32 square feet. >The proposed ground sign would be in lieu of a wall sign on the building (see sign code, page 11 (C.2) . The applicant requests a sign which is 86 square feet larger and at least 3.9 feet taller than the ordinance allows (if landscaping were shown on the plans) . Since no landscaping is shown, it is really 6.9 feet too tall. Arguments for a sign larger than 32 square feet: *The building is located on Highway 88 which has traffic speeds higher than most other light industrial sues in the City, so greater visibility is needed. *The building is the largest industrial building in the City (100,000+ square feet, with 68,000 square feet leasable) and could potentially have several tenants which need identification. Arguments against such a variance: • -2- *Each tenant is allowed one wall sign which can be up to 150 square feet in size, so no .hardship exists. *The height of the building and its configuration would make wall signs very visible. A reason for considering a compromise variance is that granting of some kind of variance would prevent having the owners place several 100 - 150 square feet signs on the building (one for each tenant) since the ground sign would be in lieu of wall signs. Any approval of a variance should probably have it clearly stated that the ground sign is in lieu of all wall signs. • :cjkll. 15.88 • • CITY OF ST. ANTHONY NOTICE OF HEARING SIGN VARIANCE TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, November 15, 1988 at 7:35 P.M. in the Council Chambers of the City Hall, 3301. Silver Lake Road (enter northeast corner) for the following purpose: Consideration of a request from R. L. Johnson Investment for a variance from the sign regulations of the City Code _ to allow installation of a free standing sign at 3055 Old Highway 8 .(former Medtronic building) . The applicants request a variance to allow a 2 sided sign with a total • square footage of 118 square feet where the ordinance allows a total of 32 square feet. The proposed sign would be 10 feet X 5.9 feet and would be mounted on a 6 foot solid pedestal base for a total height of 11.9 feet where the ordinance allows a maximum height of only 5 feet. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. David M. Childs City Manager Bulletin: November 2, 1988 MAILING LIST 3055 OLD HIGHWAY * 11/88 Wilbur Quimby Tom Chau Richard Hara 3011 Croft Drive 3021 Croft Drive 3025 Croft Drive -.4 St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Hardy Morningstar Melvin Hop Vernon Larson 3031 Croft Drive 3035 Croft Drive 3039 Croft Drive St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Charles A. Skeate 3043 Croft Drive St. Anthony, MN 55418 • • i • Date: `O y Fee: $25.00 CITY OF ST. ANTHONY - PETITION FOR SIGN VARIANCE 82-5 -Applicant: Ul ST S1[pQ CQ Phone: -7 29 Address: ?J�2 W . LA�-6 nrEO- (G rz--K N0WQv 157 �s Status of applicant owner buyer, renter, agent, etc. ) : P2ofa5a!�o m6ovLr2�� Street address and/or legal description of property petitioned for variance• Zoning district in which property is located: Request: EV-9 T A POOBL.E-FP,LM is CPS PU2 20AW IQ Co Minnesota Statutes and City Ordinances require that the following • conditions be satisfied for approval of this request. Please respond to these conditions, using additional sheets, if necessary. 1) The granting of the variance will not be detrimental to the public welfare or injurious to other property in the neighborhood or village. - 2) A particular hardship to the applicant would result if the strict letter of the regulations are adhered to. 0 "3) The conditions upon which the applications for a variance is based • :are unique to the parcel of land for which the variance is sought and mare not applicable, generally, to other property within the same land- ,-use classification. Signature of applicant: CD • N L1 O - • October 20, 1988 We are requesting a variance to erect an internally illuminated cabinet sign per drawing #88-160-XS (1 and 2). The proposed sign is for a multi tenant office building. The sign is intended to provide aesthetically pleasing exterior identifi- cation for the building tenants. Z 2 gw 2<9 z V- 10 Z �'- j' I loll Cn ` M CD :. HL- A) in) Cn PO4L I W o ' I y I Z y o ' CM) I CO CA i CD CTI cc C= • � Ij- N r C 1 m 1` T CN N � 1 3 U � N .. Scale Revisions This drawing is the property of Customer R.L. <�H►'�=�'"'H :HOTS D a-19-(,�a1 Drawn By NOR114111INT Address 5.05; C)LP I_ 8 R L— NOG'N 4:f1 IN(. Salesperson 312 West Lake Street x City M P L S Customer Approval Date Minneapolis. MN 55448 �!' Date Pf po' State M H ;>-2(�-,3F,t 612.823.7291 H.o. PLUOf-ESLCHT 3/142" WHITE 75Z8 AC-#-Y I G I I I - -- —'TYPE V ALUM• CA&MET, - - --- ------..�---- --- - IAA I M T V K. t:.f•;��HZ� I WELD To PI m F-ASTEN STEEL 4. To �9 A L M. GxT.. FPAM G 5TESL PIPe, !o" - .063" A LL)M. F E\/E^L- EAI F - AtiKk B40H Z e, i .080" A L UM. POLE, COVEF-I PAI HT ; i i � SE,C.��rIaH ItoO.Z h.T.5. i i . Scale Revisions This drawing is the property of customer R.l...�_I.;.1sc>►-� Drawn By \IIRIIIPIIINT — Address 3C�S c-L G o � Salesperson 312 West Lake Street X City r1 �, ts_P.Date customer Approval Date Minneapolis.MN 55408 6 U` State h'1 12 823 7291 rt i NOR, 13TING BUAIDING leye� el. ;.9531= 00 or- _ 1 Y ,.... /. -- � . . _ __ � �^' �• -• \1 `1 1 `�� to�.•. "'•�- ! , - _ — \ _ \ ; � � Obi• - ain t hon e ATE : APPROVAL November 9 1988 TO : Planning Commission Members FROM : J David M. Childs City Manacer 2 TEM : . VIDEO UPDATE, 2510 KENZIE TERRACE, CONDITIONAL USE Section 9, Subd. 3 .5 of the City's Zoning Ordinance (p. 21) provides that "video tape sales and rentals" are allowed as conditional uses. The applicant, Craig Belisle (Video Update, 2510 Kenzie Terrace) received a conditional use permit on February 28, 1984 (minutes attached) . He recently expanded his operation (doubled the size) without any building permit and without conditional use permit ap- proval. As of this writing, we are still trying to determine who the contractor was so that we can take appropriate action with respect to the Building Code. The extension of the conditional use permit would normally be just a formality, however, Video Update is also in violation of the City's sign code regarding flashing lights. The conditional use permit should be approved with the same conditions as the original permit but with the added condition that the flashing lights be removed. If they do not comply, the entire conditional use permit for Video Update should be rescinded. :cjkll.15.88 Date• to C� Fee y CITY OF ST. ANTHONY APPLICATION FOR CONDITIONAL USE PERMIT (other than day care center) Q Applicant* v')I a� � �a�e I I Phone: 785 --3 17'7c( Address: ts- nZf e le.rrdce S+- Am lka H�J - S5-4 (6 Status of applicant (owner, buyer, renter, agent, etc. ) : Street address and/or legal description of property in question: 5ae� a s a 6 o UE - Zoning district in which property is located: Conditional use proposed: ;'ao e ace f n-ty V0.Cco C clop lq OF- 0 CD Minnesota Statutes and City Ordinances require that the following conditions be satisfied before a conditional use may be authorized. Please respond to these conditions, using additional sheets, if • necessary. 1) The proposed conditional use is one of the conditional uses specifically listed for the zoning district in which it is to be located. 2) The proposed conditional use will not be detrimental to the health, safety, or general -welfare of persons residing or working in the vicinity or injurious to property values or improvements in the vicinity. 3) The proposed conditional use is necessary or desirable at the above location to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community. • Signature of applicant: • CITY OF ST. ANTHONY NOTICE OF HEARING CONDITIONAL USE PERMIT TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission -of the City of St. Anthony on Tuesday, November 15, 1988 at 7:50 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the following purpose:, Consideration of a request from Craig Belisle, Video Update, 2510 Kenzie Terrace, for amendment to the conditional use permit granted February 28, 1984 , which would approve expansion of the existing video tape sales and rental operation located at the above address into the adjacent • retail space. This permit has been requested to bring the above operation into conformance with the Zoning Code, since the requested expansion has already been completed. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. David M. Childs City Manager Bulletin: November 2, 1988. MAILING LIST 2510 KENZIE TERRACE 11/88 Maurice Gallant Carl Nickerson Laurie Fetcher 21 Lowry Ave. N.E. 2617 Lowry Ave. N.E. 2613 Lowry Ave. N.E. . Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 John Sullivan 2005-22nd Avenue Arthur Tombarge Glen Gavic Minneapolis, MN 55418 2609 Lowry Avenue N.E. 2605 Lowry Avenue N.E. Re: 2613 Lowry Ave. N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 Frank's Upholstering William J. Wojcik Lloyd Helm 2550 Kenzie Terrace 2548 Kenzie Terrace 2546 Kenzie Terrace St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Greg Steiner Violet Lundeen Richard Tollefson 3016 Old Hwy. 8 2538 Kenzie Terrace 1123 N.E. Monroe St. Anthony, MN 55418 St. Anthony, MN 55418 Minneapolis, MN 55413 Re: 2542 Kenzie Terrace Re: 2534 Kenzie Terrace St. Anthony National Bank Hobart Swan Kentucky Fried Chicken 2401 Lowry Avenue N.E. 2501 Lowry Avenue N.E. 2520 Kenzie Terrace St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 • _ .. R. J. Ruppert 8900 Penn Avenue S. Minneapolis, MN 55431 • 1 him that the Commission only had a request to split the lot before 2 them and he did not see the Commission would have a problem granting 3 the variance later, if necessary. 4 5 Motion by Commissioner Bowerman and seconded by Commissioner Bjorklund 6 to recommend that the Council grant the request from Irving Walbon 7 for subdivision without platting of the undeveloped parcel of land 8 locate7d"at the southwest corner of 33rd Avenue N.E. , which would 9 result in two single family residential lots from a single vacant, 10 unplatted parcel (property I.D. #06-029-23 41 0001) containing ap- 11 proximately 20, 500 square feet, regardless of whether the property is 12 sold or not, as per exhibit attached to the February 13, 1984 13 application for subdivision and the legal description on the back. 14 15 Voting on the motion: 16 17 Aye: Bowerman, Bjorklund, Jones , Franzese, Wagner and Hansen. 18 19 Nay: Zawislak. 20 21 Motion carried. 22 23 Mr. Halva suggested the procedure for platting would be completely 24 different if negotiations with Mrs . Dorumsgaard were successful and 25 requested the motion address this alternative. He was told the Council 26 could do this when they consider the motion February 28th. 1-12'8--At 10 : 15 P.M. , the public hearing was opened to consider the request 29 from Mary and Craig Belisle for a conditional use permit to operate 30 a video tape and movie sales and rental store at 2501 Kenzie Terrace N.E. 31 32 The Chair Pro Tem read the notice which had gone out to all St. Anthony 33 Property owners within 350 feet of the subject property and had been 34 published February 16th in the Bulletin. No one reported failure to 35 receive the notice or objected to its content and Mr. Childs indicated 36 he had received no calls on the request at all. 37 38 In his February 13th memorandum related to the request, the Manager 39 had reminded the Commissioners that this request was similar to the 40 99G Video store which had been approved for the St. Anthony Shopping 41 Center and he had included the pertinent minutes of both Commission 42 and Council meetings where that decision had been made. 43 44 Craig and P4ary Belisle , 1993 Ames Avenue , St. Paul, were present and 45 Mr. Belisle reiterated the statement in their letter of application 46 that their standards in merchandising would be of the highest as 47 supported by the fact that 3M had chosen the Video Update franchise 48 to test a new leisure tape , considering them to be the best quality 49 franchise in town. IIe said they have no connection with any video 50 arcade and anticipate no problem with complying with any City 51 ordinances. When Commissioner Bowerman told him he had noted the video 52 store in the St. Anthony center had a lot of traffic, Mr. Belisle 53 said he and his partner were going to broaden the hours of operation 54 and install a drop box to cut down the congestion of people returning 55 tapes . lie indicated the business would be utilizing 1200 square feet 56 of the small shopping center which is across from the Kentucky Fried 57 Chicken store . -12- 1 John Bedard, 3090 Rice Street , owner of the Video Update franchise, 2 said his operation has a system set up by which customers can get in 3 and out within eight or ten minutes . He said he also owns other storelp 4 which range in size from 800 to 4,000 square feet and they all have 5 less parking space than this store. He also pointed out that the 6 Kentucky Fried Chicken caters to customers who move in and out fast 7 and don't park for any length of time at all. 8 9 Jim Shelton,1" 2908 West -100th Street, identified himself as the land- 10 lord of that store, which was formerly a Penny Pincher Discount 11 store, and he said parking had never been 'a problem in that center. 12 13 Hobie Swan, who owns the Lowry Motor Court across Kenzie Terrace, 14 indicated he was not opposing-the store but thought the City should 15 address along standing problem with traffic coming out of the center 16 onto Kenzie Terrace since there have been three accidents and many 17 near misses because drivers use the wrong side of the entrance island 18 and make an illegal left hand turn down Kenzie jeopardizing motor 19 court residents in many instances. He suggested Kenzie Terrace be 20 designated as only an entrance and Lowry Avenue as the exit to avoid 21 the potential for more accidents . Mr. Swan indicated he was cer- 22 tain there would be ample parking on the east end of the building. 23 Mr. Childs indicated the -City would post the driveway in such a 24 manner as to prevent further illegal left turns . 25 26 The hearing was closed at 10 : 35 P.M. 27 28 Motion by Commissioner Bjorklund and seconded by Commissioner Franzes4e 29 to recommend the City Council grant the request from Mary J. and Craig 30 14. Belisle for a conditional use permit to operate a Video Update 31 movie and VCR rental and sales operation at 2510 Kenzie Terrace N.E. 32 under the conditions that: 33 34 1. There would be no viewing of tapes in the store , except for bona -- -35--­--fide demonstrations of tapes and no viewing would be visible 36 from outside" the store. 37 38 2. The proprietors must comply with all state laws relating to 39 obscenity and to any ordinance of the City of St. Anthony there- 40 after relating to obscenity. 41 42 3. Confiction of the owner or any of the employees of the owner for 43 violation of obscenity laws in the operation of the store would 44 , be grounds for revocation of this permit by the City Council. 45 46 4. That there be a drop box installed in front of the store to avoid 47 traffic congestion. 48 49 5. The traffic flow information signage be installed at the direction 50 of the City Manager. ­51 52 In recommending this permit be granted, the Planning Commission finds _} 53 that: 54 55 A. The proposedJuse is one of the conditional uses specifically per- 56 mitted in the district in which it is located. v -13- 1 B. The proposed conditional use would not be detrimental to the • 2 health, safety, or general welfare of persons residing or working 3 in the vicinity or injurious to property values or improvements 4 in -the vicinity. 5 6 C. The proposed conditional use is possibly necessary or possibly 7 !-. desirable at the specified location to provide a service or a 8 fadYlity which is in the interest of public convenience and may 9 contribute to the general welfare of the neighborhood or 10 community. 11 . 12 D. There was no opposition to the permit demonstrated during the 13 hearing before the Planning Commission. 14 15 Before a vote was taken, Commissioner Bowerman indicated he would not 16 want to lock the owners into installing and keeping a drop box because 17 he foresees the potential for problems with vandalism, etc. Com- 18 missioner Bjorklund disagreed, saying he believed the use of a drop 19 box would help to expedite traffic through the center. 20 21 Motion by Commissioner Bowerman and seconded by Commissioner Zawislak 22 to amend the motion to eliminate Condition #4 because the makers of 23 the motion do not want to force the store owners to keep the drop box 24 if it produces problems for them. ` 25 26 Voting on the amendment: • 27 28 Aye: Bowerman, Zawislak , Wagner, Franzese and Hansen. 29 30 Nay : Bjorklund and Jones . 31 32 %Amendment carried. 33 34 Voting on the amended motion carried unanimously . 35 36 The final platting of the Midland Park Subdivision showing the NSP - 37 easement had been completed and staff had recommended the Commission 38 give a favorable recommendation to the Council. 39 40 Motion by Commissioner Bjorklund and seconded by Commissioner 41 Bowerman to recommend Council approval of the final platting of Lots 42 3 and 4 , Block 2, St. Anthony office Park Addition (also identified 43 as 2817 Anthony Lane South) as the Midland Park Addition, which would 44 combine the two lots and officially transfer a 60 foot X 212. 46 45 foot tract of land to the westerly abutting property. 46 97 Motion carried unanimously. 48 49 Mr. Childs told Commissioner Bowerman it had been an occupancy permit 50 which had alerted the staff to the fact that the video store was 51 going in. 52 53 Mr. Bjorklund discussed the study he had participated in which had 54 Polled the City residents on what they liked best about the City. 55 -3- rikCzrl (1) The Flaherty house would have been built facing Iiilldale if that • street had been in when the residence was constructed. (2) The variance is not based exclusively upon the desire of the property owner to increase the value or income potential of the parcel of land because.- it would probably cost him more than the property would appreciate in value. (.3) There is a hardship created for Mr. Flaherty because he is on a corner lot and, therefore, front yard setbacks and a rear yard setback are required on three sides of the lot. (4) There was no opposition to the proposal demonstrated at either considerations of the request before the Commission or Council and-Mr. Flaherty's neighbor to the west had testified during the Commission hearing that he favored granting the variance. Motion carried unanimously. Commissioner Bowerman read the portion of the minutes which reflected . the Commission's approval of a conditional use permit being issued to Craig and Mary Belisle to operate a video tape and movie sales and rental store at 2501 Kenzie Terrace. Mayor Sundland said he agreed with the Commissi'on's recommendation on the condition that the City could designate the location where a drop box could be installed. The applicant, Craig Belisle , was present and told Councilman Makowske he plans to keep the store open from 11:00 A.M. to 11:00 P.M. and to • design the drop box in such a manner that the same type of pilfering experienced by other video stores would be impossible. The Manager indicated the hours of the former tenant , the 7-11 Store, had matched its name. When Councilman Marks told Mr. Belisle that, in the past, the main concern with approving similar video operations in the City had been the possibility that X-rated materials might be shown or distributed in those stores , the franchise operator assured him that he intends to comply with all City ordinances and if they state there is to be no X-rated materials, "there will be none" . Councilman Ranallo warned him that the ordinance would be strictly enforced. Motion by Councilman Marks and seconded by Councilman Enrooth to grant a conditional use permit to Mary J. and Craig M. Belisle which would allow them to operate a Video Update movie and VCR rental and sales store, as proposed, at 2510 Kenzie Terrace N.E. , under the conditions that: (1) There would be no viewing of tapes in the store, except for bona fide demonstrations of- tapes and no viewing would be visible from outside the store. -4- (2) The proprietors must comply with all state laws relating to obscenity and to any ordinance of the City of St. Anthony there- • after relating to obscenity. (3) Conviction of the owner or any of the employees of the owner for violation of obscenity laws in the operation of the store would be grounds for revocation of this permit by the City Council. (4) Traffic flow information signage be installed at the direction of the City Manager. On granting this permit, the Council finds, as did the Planning Com- mission, that: (A) The proposed use is one of the conditional uses specifically permitted in the district in which it is located. (B) The proposed conditional use would not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to the property values or improvements in the vicinity. (C) The proposed :conditional.. use is possibly necessary or possibly. desirable at the specified - location to provide a service or a facility which is in the interest of public convenience and may contribute to the general welfare of the neighborhood or community.. (D) There was no opposition to the permit demonstrated during the hearings before the Planning ommission or Council. • g Motion carried unanimously. The Commission representative read the minutes which reported the dif- ferences between the Walbon counsel and the abutting neighbor to the west of the property located at the southwest corner of- -33rd Avenue N.E. and Old Highway 8 for which Irving Walbon was seeking a subdivision without platting. Many of these points of contention were again aired by Robert Halva, representing -Mr. Walbon, and Violet Dorumsgaard, 3612 - 33rd Avenue N.E. , who indicated she "would rather give $2 ,000 to Mr. Walbon than to an attorney to represent her in the difference" . Mr. Soth said he wasn' t sure- how much the costs would be for splitting the Walbon property into three parcels in order that Mrs . Dorumsgaard could either buy or trade two easterly feet of her own property for the 469. 29 square feet which lies in front of her picture window. He advised the Council that Hennepin County would have to approve any splitting of Torrance property and would probably disapprove if the split resulted in a property description which was too complicated, which Mr. Soth is certain the City wouldn't want either. This, the Attorney said, might well be the case if the interior lot line were angled to produce two buildable lots after the triangle is removed to • straighten out firs. Dorumsgaard' s property. In any event, the City . ain thou Adft a e APPROVAL. : November 9 1988 TO : Planning Commission Members ]FROM David M. Childs, City Manager : TEM : ED HANCE VARIANCE REQUEST, 2813 SILVER LANE This is a request from Edward Hance for a variance to allow con- struction of- a garage to within 13 feet of the front_ property line in conjunction with the construction of a new house at 2813 Silver Lane. The old house at this location and freestanding garage were demolished few weeks ago to allow construction of the single family dwelling currently under construction. The applicant has delayed installation of the garage footings so that if the variance is approved to allow a larger garage, wider footings could be installed. This was done to assure that work could get underway on one or the other of the garage options before cold weather set in. The previous garage was located only about 10 feet behind the property line, so the new structure will be more in compliance with the Zoning Ordinance. The applicant states that the rear yard setbacks required by the Rice Creek Watershed District coupled with the shortness of the lot make it difficult to fit a home on the lot. Because of the land cost, he states such a home must be of substantial value to make the project economically feasible. One of the common features almost universally provided in upper value homes is a 3 car garage. Because of the narrowness of the lot, the garage was best sited and was most visually appealing to the neighborhood by placing it in its proposed configuration. The applicant also pointed to numerous homes on Silver Lake Terrace which have almost no' setback from the roadway. They have a similar circumstance where their lots are fairly short and setback require- ments from the lake are stringent. Other items pointed out by the applicant: >the three car garage is an attempt to comply with the City's intent not to have a lot of vehicles parked in front yards, but to provide enclosed space for them; i -2- • >the neighbor to the east (Mr. Solie) received a variance about 8 years ago to allow his garage within 20 feet of the property line; >because the previous garage on this property was closer to the street than the current proposal, the variance would still result in an improvement over the previous situation. These are good points, but from a variance standpoint, a hardship must be shown. Staff suggests that possible items of hardship could include: .1. The shortness and narrowness of the lot coupled with its steepness. 2. The strict regulations of Rice Creek District requiring substantial setback from the lake. 3. As a single family owner occupied home, this is not an attempt to get a variance for the purpose of economic gain. 4. The fact that adjacent to a lake, the focus of living activities are toward the lake rather than the street, which minimize the need for a large street-side yard. • :cjkll.15.88 Date: October 27, 1988 Fee: $15.00 • . . . . . . . . . . . . ( . • . .$15.00 Other. . .$25.00) CITY OF ST. ANTHONY PETITION FOR VARIANCE Applicant: Edward J. Hance Phone: 781-4858 Address: 2401 Lowry Avenue N E , Suite 200 Minneapolis. Minnesota 55418 Status of applicant (owner, buyer, renter, agent, etc. ) : owner Street address and/or legal description of property petitioned for variance: 2813 Silver Lane N.E. , St. Anthony, Minnesota 55421 Zoning district in which property is located: R-1 Request: That a variance be chanted to allow construction of a garage 13 feet from the right-of-way line rather than 30 feet. Pursuant to Section 15, Subd. 5, of the City of St. Anthony Zoning Ordinance, a variance shall not be granted for any use not permitted* in the zone in which a particular parcel lies. Minnesota Statutes .and City Ordinances require that the following • conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets, if necessary. 1) Because of the particular physical surroundings, shape, or topographical conditions of the parcel of land involved, the proposed variance would relieve an undue hardship, as distinguished from a mere inconvenience,. should the applicable ordinance be strictly enforced. See site plan, together with letter and exhibits attached hereto. 2) The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. See site plan, together with letter and exhibits attached hereto. 3) The alleged difficulty or hardship is caused by City Ordinance and has not been created by any persons presently having an interest in the parcel of land. See site plan, together with letter and exhibits attach er o. Signature of applicant !� � . �cl 10 -2 Lod — =1 * 15 . 0H • CITY OF ST. ANTHONY NOTICE OF HEARING VARIANCE PETITION TO WHOM IT MAY CONCERN: Notice is hereby given that there- will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, November 15, 1988 at 8:15 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the following purpose: Consideration of a request from Edward Hance for a variance to allow a front yard setback of 13 feet (ordinance requires 30 feet) for a garage to be con- • structed in conjunction with construction of a" new single family dwelling at 2813 Silver Lane. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding. this matter may be referred to the City Manager, 789-8881. David M. Childs City Manager Bulletin: November 2, 1988 • . Mai l'64' list - 2813 Silver Lane - - _-11/88— Sentinel Management 5151 Edina Industrial Blvd. Billy C. Gray William J. Carr Minneapolis, MN 55435 4025 Silver Lake Terrace 4021 Silver Lake Terrace St. Anthony, MN 55421 St. Anthony, MN 55421 . Equinox Apartments Floyd M. Rissell Andrew Szurek, Jr. Kenneth Solie 2805 Silver Lane 2809 Silver Lane . 2817 Silver Lane St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Johanna Luciou Arvid Birkeland 2821 Silver Lane ; 2815 Silver Lane St. Anthony, MN 55421 St.- Anthony, MN 55421 i _ LAW OFFICES HAN C E G LE VAH N , LTD. SAINT ANTHONY NATIONAL BANK BUILDING, SUITE 200 • 2401 LOWRY AVENUE NORTHEAST MINNEAPOLIS, MINNESOTA 55418 EDWARD J. HANCE JOEL T. LEVAHN PAUL W. FAH NING TELEPHONE ALLEN R. DESMOND (612) 781-4858 ASSISTANTS ' TERESA H. CRAVEN KATHRYN A. DAILEY October 27 , 1988 TO: THE -PLANNING COMMISSION OF THE CITY COUNCIL OF THE CITY OF ST. ANTHONY I hereby request a variance from the existing ordinance of the City of St. Anthony which requires a building to be set back 30 feet from the road right-of-way. I request the variance from this ordinance in order to relieve an undue hardship and to correct extraordinary circumstances applicable to my lot located • at 2813 Silver Lane N.E. This request is made for the following reasons: 1. While the City Ordinance would have only required a rear lot setback of 25% of the total lot length, i.e. , approximately 37 feet, the Rice Creek Watershed District insisted upon a 57 foot setback . See Exhibit "A" . As a result, it was impossible to construct the proposed home without a variance from the street setback require- ment. While there is some question about the authority of the Rice Creek Watershed District to limit the set- back to 57 feet, it is reasonable in this case since the adjoining properties are set back approximately that far from the lake, and construction of this home closer to the lake may constrict the neighbors ' views of the lake. 2. The existing garage which was demolished on -approxima- tely October 21 , 1988 , was set back approximately 12 feet from the right-of-way. The site of the proposed garage is 13 feet from the right-of-way at its east corner and 17 feet from the right-of-way at its west -corner. 3. Both of the adjoining neighbors have indicated that they have no objection to the proposed residence. See • Exhibits "B" and "C" attached. Planning Commission City Council City of St. Anthony October 27 , 1988 Page Two 4 . At that point, Silver Lane is approximately 30 feet wide. While the garage would be located at least 13 feet from -the right-of-way, it would be at least 31 feet from the roadway itself. 5. Variances for setbacks from the street have been regu- larly granted in this area, including a variance to build 20 feet from the right-of-way which was granted to the neighbor to the east in 1980 . 6 . The house plans have been reduced from original archi- tectural designs in order to accommodate the setback requirement. As a result, the main floor of the house has now been reduced to 1,600 square feet from a pre- vious design of approximately 1,900 square feet in order to limit the variance request. I appreciate our consideration of this request. Yours y ru Y. W J. HANCE Enclosures EJH/kd • RICE CREEK VVTERSHED DISTRICT SUITE 177, ARDEN PLAZA RCWD Permit No. 88-161 3585 NORTH LF.?QNGTrCN AVENUE cc: City of St. Anthony ARDEN HILLS, MIlNNESDM 55126 E.A. Hickok & Associates PERMIT RCWD File Permit Application No. 88-161 _ Issued to: Edward J. •Hance,' 2401 Lowry NE, #200, St. Anthony, MN 55418 Location: 2813 Silver Lane NE, St. Anthony Purpose: Approval of Shoreland Improvement for construction of single-family home riparian to Silver Lake, 0.24+ acres. At their meeting on October 12, 1988 the Board of Managers of the Rice Creek Watershed District reviewed your permit application and the ream urmdation of the District Engineer based upon the following exhibits: 1. Permit Application dated October 7, 1988. 2. Site Plan prepared by James Davy dated October 11, 1988, received October 17, 1988: 3. ' Letter from Kenneth Solie (2817 Silver Lane NE) indicating no objection to proposed setback dated October 7, 1988. They found the project as planned to be in accordance with the Rules & Regulations and Guide lines-of the District and therefore approved the permit as requested, with the following ad- ditional stipulations: No additional stipulations. _ • NOTE: Managers granted variance of 18 feet to the required setback of 75 feet from Silver Lake. Home will be placed no closer than existing home (57-foot setback). It is the responsibility of the Permittee to provide all measures necessary to positively contain sediment on the site during construction. This may require the use of erosion control measures not outlined on the erosion control plan. If this requirement is not met, the Pexmittee may be ordered to provide additional erosion control measures if deemed neoes- saxy by the District Inspector. It is also the responsibility of.the property owner to pro- vide whatever maintenance is necessary to assure that the stormwater management systems ap- proved as part of this permit will continue to function as originally designed. A followup inspection will be conducted at the project site to assure compliance with all agreements, terms and/or stipulations to this Permit. Failure to comply with the foregoing may result in. rescission of the Permit, and is in violation of Chapter 112.89 MSA, a mis- demeanor. This document is not transferable, and is valid for one (1) year after the date of issuance. No construction is authorized beyond expiration date. If Permittee requires more time to complete construction, a renewal of the Permit will be necessary. Please contact us at 483-0634 when the project is about to cmumence so an inspector may view the work in progress. Permittee has paid for 2 inspections: one at project ocaven0ement and one at completion. Any additional inspection requested or required will be billed at $1 it By acceptance of this permit,the permi.ttee has consented to the foregoing. The enclosed 's Certification must be forwarded within ten days of project completion. Date of Issue: October 25, 1988 President, Dem Riaxd of iagerfi Fbrm C Revised 11/87 Andraw .1_ Cardinal _ Sr EXHIBIT "B" 2817 Silver Lane Northeast St. Anthony, Minnesota 55418 October 7 , 1988 TO WHOM IT MAY CONCERN: I reside at 2817 Silver Lane Northeast which is the next property West of 2813 Silver Lane Northeast. I- have no objection to the proposed addition at 2813 Silver Lane Northeast as shown on the October 4 , 1988 , plan. Sincerely r s KENNETH E. SOLIE • • EXHIBIT "C" • 2809 Silver Iane Northeast St. Anthony, Minnesota 55418 October 7, 1988 TO WHOM IT MAY CONCEM: I reside at 2809 Silver Lane Northeast which is the next property East of 2813 Silver 'Lane Northeast. I have no objection to the proposed addition at 2813 Silver Lane Northeast as shown on the October 4, 1988, plan. Yours very truly, ANDREW SZUREK �., � " ° :'�' ti ut'•,max,,r .' „�.. +,�• ,e1'� �� '•rho • J '; 1 /� I CL PN gal E \ A \ , JS Y �♦ \` `` ``` ` `\\ `` ,,`` ` ` \ \ 0 YYY •` , `\ , ` ` .. ... �g 94 • `\ wD r ` o \ lop it 9► .\ < N/I, \ i A w co ED HAW ' RESIDENCE. elm v� 4_ • n—r vv-r T r �• �•. •7!•;E���7Q�rr..°.: r�, '� ?^ ,,.� .�.:��'F.f:w'Y�!M1;:.�!�:,.:'•:tt.J•:�'+ :i•- "r•n;^'•' .r ... a, • I 1 � � II . • a � II II LU ol � II II � • lip Lf- i II II li II • II II N • ,o_��,, e�l� No�lvn��l � 1.��� I I � 1 � �i���Y i II � I � � li i -r =__ _______ I .8 4 r 0 m II � II � II _ II II II I I I' I i J I I I i . 00"hou e -A DATE : APPROV1� TO : \ Planning Commission Members FROM : ` David M. Childs, City Manager I TEM : LANG NELSON. REQUESTS There are two requests from Lang-Nelson: 1. Amend the Detail Plan and Development Concept Plan for the Kenzie Terrace Redevelopment 'Project from the one ap- proved in August, 1988 (minutes attached) . 2. Approve a plat which would combine all the parcels of property into a single lot (required by the P.U.D. ordinance) . 1) Amendment to the Development Concept Plan and Detailed Plan The applicants propose amendments to the currently approved plan as follows: *allowing for parking on the perimeter of the site rather than in the center; *allowing for more separation in parking between the individu- al buildings to give each building more of its own identity; *moving the buildings from the perimeter gives more space between them and the abutting property owners, thus decreasing the "mass" of building adjacent to them; *adding an additional driveway entrance on the west side of the property, also to give separate identity to the individual build- ings; *providing some "villa-type" units on the ends of the build- ings which would have separate entrances rather than entrances down the long hallway in the buildings. These portions would be 2 stories tall, also hopefully reducing overall building mass on the site; *provision of a more efficient pathway system. Note: Since the notice was mailed, the applicants have changed the building design to comply with staff recommendations. This has resulted in buildings of 50 units, 75 units and 76 units instead of 50 units, 66 units and 85 units as con- -2- tained in the legal notice. The plans mailed to the neigh- • borhood contain the most current proposal. This is for your information and will not change the validity of the hearing. The only item which appears to be a lessening from pre- vious proposals is the amount of brick on the buildings. The developers should be asked to address this issue. 2) Plat. I recommend its approval by waiving the preliminary plat and approving the final plat. :cjkll.15. 88 • Date: Fee: tCITY OF ST. ANTHONY Application for Subdivision/Plat Approval Applicant St. Anthony LaNel, a Minnesota General Partnershkone # 920-0400 Address 4602 Excelsior Boulevard, Suite 650, Minneapolis, MN 55416 Status of Applicant (owner, buyer, renter, agent, etc. ) buyer Present Legal Description of Property to be Affected See attached Title Commitment dated effective August 15, 1988 Proposed Legal Description of Property to be Affected See attached Preliminary Plat Street Address Zoning District in Which Property is Located PUD Specify any Necessary Easements All existing easements not vacated • Area of the Plat/Subd. approx 9.34 acrerN umber of Parcels 1 Attach a copy of the proposed plat showing the proposed name of the plat, the location within the City, the names of the present owners, the scale, the date of preparation, the northpoint, surrounding property, all public utilities and easements and other such necessary information or documenta- tion as is requested by the City Manager or the subdivision/platting ordin- ance. DO NOT WRITE BELOW THIS LINE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - FOR STAFF USE ONLY 1. Fee calculation ($25.00 plus $1. 00 per lot to a maximum of $150 .00) 2. ' Conformance to design criteria yes no Exceptions: • 10 -23- 36A * 26 . 00N CITY OF ST. ANTHONY • NOTICE OF HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, November 15, 1988 at 8:35 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the following purpose: To consider a request from Lang-Nelson for approval of a revised Development Concept Plan and Detail Plan approval under the P.U.D. (Planned Unit Development) section of the City Zoning Ordinance to allow construction of three buildings of two to three stories each over underground parking on the site currently occupied by the St. Anthony Village Shopping Center, generally the 2500-2600 block of Kenzie Terrace N.E. Said buildings will consist of two apartment buildings, one with 50 units and one with 66 units to be for seniors only and the third building to be 85 units of high quality general rental. This proposal does not include any plan for rental subsidies. The following items are included in the proposal: *parking, 201 underground, 201 surface (139 in place and • 62 proof-of-parking) *ponding for aesthetic and storm drainage purposes *mostly brick exterior, except balconies, etc. *pitched rather than flat roof design *all vehicle access will be from Kenzie *landscaping, vegetation, and. bermed screening will be provided. This proposal differs from the plan approved in August, 1988, generally due to a design change which provides that portions of the proposed buildings be two story rather than 3 stories to allow for substitution of 88 villa-type units with clustered entrances in lieu of the same number of standard design apartment units. This mix of shorter building heights in parts of the . proposed buildings coupled with moving the proposed buildings away from the site perimeter . is intended to decrease the building mass and its effect on abutting properties. It also provides for a perimeter parking design. As in previous plans, no traffic access will be allowed or provided to Lowry Avenue N.E. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. • David M. Childs City Manager Publish: November 2, 1988 MAILING LIST - ST. ANTHONY SHOPPING CENTER LANG/NELSON 11/88 Gordon Culhane Gary Zahrbock Joseph Schlunder 2700 - 27th Avenue N.E. 2704-27th Avenue N.E. 2708-27th Avenue N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 - E. M. Lantto Palmer Gunderson Bona Properties 2712 - 27th Avenue N.E. 2800-27th Avenue N.E. 5236 Horizon Drive St. Anthony, MN 55418 ; St. Anthony, MN 55418 Fridley, MN 55421 Re: 2801 Kenzie Terrace Eberhardt Osborne Properties Eugene Metzer 3250 W. 66th 523 S. 8th Street 4120 Zane Avenue N. Minneapolis, MN 55440 Minneapolis, MN 55404 Robbinsdale, MN 55422 Re: 2550 Hwy. 8 Re: 2550 Hwy. 8 Walker Methodist St. Anthony Bowling Lanes Dick's Union 76 3737 Bryant Avenue S. 2654 Kenzie Terrace 2700 Kenzie Terrace Minneapolis, MN 55409 St. Anthony, MN 55418 St. Anthony, MN 55418 i .. St. Anthony Village Shopping R. J. Ruppert Associates St. Anthony National Bank Center 1700 W. 78th Street, #100 2401 Lowry. Avenue N.E. 25 University Avenue S.E. Minneapolis, MN 55423 St. Anthony, MN 55418 Minneapolis, MN 55414 Re: 2500 Kenzie Terrace *wry Grove Inc. Glen Gavic : _ Arthur Tombarge 2501 Lowry Avenue N.E. 2605 Lowry Avenue N.E. 2609 Lowry Avenue N.E: St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 John Sullivan Carl Hickerson Maurice Gallant 2005-22nd Avenue N.E. 2617 Lowry Avenue N.E. 2621 Lowry Avenue N.E. Minneapolis, MN 55418 ; St. Anthony, MN 55418 St. Anthony, MN 55418 Violet Lundeen Richard Tollefson Greg Steiner 2538 Kenzie Terrace 1123 N.E. Monroe Street 3016 Old Hwy. 8 St. Anthony, MN 55418 Minneapolis, MN 55413 St. Anthony, MN 55418 Re: 2534 Kenzie Terrace Lloyd Helm William Wojcik Northgate Office Park 2546 Kenzie Terrace 2548 Kenzie Terrace 2526 Highway 8 St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony Development Co. Gustafson & Tyson Councilmember Walter Dziedzic 10o Sann & Howe META Partnership City of Minneapolis 0 Park Avenue Young Quinlan Bldg. , 5th Floor 350 S. 5th Street New York, NY 10017 81 S. Ninth Street Minneapolis, MN 55402 Minneapolis, MN 55402 St.Anthony Bulletin William Soth 60 Kenzington Residents 909 - 7th Avenue N.W. Dorsey & Whitney to be hand delivered New Brighton, MN 55112 2200 First Bank Place East Minneapolis, MN 55402 i - I ` pl,• 0 d'•'o qa m 12 3 � I I V �i — 100.0' PI O•'�/4�00'� � � . 0 � vcP�v FOfTlvr ar Gaor.rv�e sr we. ..o•+,,•oa••,., � � . a o --- - Z5 . "Ie2T,04 Frcnr-8 PU'W w4 To rq6-F.4 N Z -1o`p -IpC_ -L Z -7 ti-L �• C 0 Z Z Z-A '�r ' c �I"-1 i� ��"� ��°-sib ~•► -pip -��5� �• Z Q a �� ,... D "p 1 'l_ 1 i kenzingtorl apartments of saint anthony. ..____�; , e ,m I Architects P.A. 4601 ExcelslorJM..SuL 651 M w.A--M� Minneapolis,MN 55416 :m°•il ama r • k �L � � •°c�i• 0 d `�? � 1 ► O ; �, —{ e 8 -� Z� •tiW � ��� ✓ I \ ti \ CF � s \ I , / 9 S•, —5 71 1 ti o yENO ' r Le. ' _ I• r 1ao.o' N e•94'oo•� � . • �IfL.���y��"�ji�c.r cTMM seuieft °• � 1•• i /ilrtl�j(Irl l� �Pf✓IB DUIO1N(T O ZBpAlI� Qc vi �•Z pl o I ` • I r I 'a • ;jc elueLo N I apar .kenzington i Fnon&rGf*p. a p A tments , Im . P. 4601 NcelsloidOW.Sine 6S1 .r rra.....w. i Mnneopolls•MN 55416 I I' '�i. ;,j%1 .,�,)y��l�p,�■ ,�h�,� t Via':.. :�= oea ,fit 1 �� •y r ' �_�` y +�`k�.�I 4 �101 111�` ♦o � .r C4 vA :.; 111 r y'• _.,t �' .�' E P 1 it" � �:. .N' �L I 1• Vii; •�.,, �����lifAlEesfaJ 1 y y,Y j�l�'IL�':� f, 1 ,,• f y S 1 I°�I/+p,tii,eror�ah3 •1, / ; 1` 1 1 1 Mnneopolls.MN 55416 I I I I 41 N 0 � `�' i F� C ' ice-+ lV IIII IIII(III�I �I ` llll�lJ 1. �a aks °fit;. IIf[f11Ti1�(11 �II>lllll I I I I HUM k ° At"ite Lampert (� kenziRgtoq apartments of saint anthony_ �QNei ""h" . p Flnandol Group,Inc. 4601 Excelsior Blvd.Suite 651 u°wu A-N.ne Yl�erpd4 YN°°101 Mlnneopolis,MN 55416 rem. Yv�loma S r. r. :�E ZI G ram N OF ST ANTHONY Phase X BUILDING DATA BUILDS 2 S ) OR R PER FLOOR i T PER FLOOR // • // 22 UNITS a ] FLOORS 96 UNITS TOTAL BUILDING 'B' (48 UNITS). , �c 8 - 2 OR PER FLOOR oz // /w j% pond - 1 OR PFR FLOOR I v 8 UNITS ■ 7 FLOORS / 48 UNITS TOTAL `- BUILDING 'C' (57 UNI1 S) \' 9- 2 OR PER FLOOR 10- 1 OR PER FLOOR ' 19UNITS a J FLOORS 57 UNITS TOTAL TOTAL UNITS 201 >r3D - PARKING DATA OUTDOOR PARKING 153 PROOF OF PARKING 49 _ TOTAL MARKET 202 L - UNDERGROUND 208 C ' I ® / TOTAL PARKING 108 SITE DATA LDG SITE AREA SHOWN(ades) 9.24 POW" :__ BUILDING!SITE COVERAGE 19.7% LIVING UNITS/ACRE 21.5 pond _ PIC� t 1 1! BLDG 'B' BLDG 'A' NORTH on 23 118, ~ ME 87 . • Motio., carried unanimously. 2 REPORTS 3 AUGUST 16, 1988 PLANNING COMMISSION MINUTES - RON HANSEN 4 Lang-Nelson P.U.D. Changes Okayed 5 Commission Recommendation 6 Commissioner Hansen reported the Planning Commission had unanimously 7 approved of the changes the developers had requested in the Planned Unit 8 Development for Phase 3 of the Kenzie Terrace Redevelopment project as 9 reported in the minutes. These included a 43 foot height from grade to 10 roof peak for the three apartment buildings . The developers have 11 signed a Redevelopment Agreement with the City to construct these 12 buildings on the site currently occupied by the St. Anthony Village 13 Shopping Center and an adjoining parcel of unused parking area on the 14 west side of the Town and Country Store property. 15 Paul Brewer, President of LaNel Financial Group, Inc. , and Greg Bronk, 16 Analyst for Lang-Nelson Associates, were present but further testimony 17 from them was not deemed necessary in view of the extensive minutes on 18 the proposal which the August 16th hearing had generated. 19 Mr. Soth suggested the approval be made subject to a plat being provided 0 as required by Ordinance and that the Council waive the requirement that 1 the developers post a 2% bond because that had already been taken care 22 of with' the $360,000.00 Letter of Credit the developers had provided the 23 H.R.A. when they had signed the Redevelopment Agreement on August 4th. 24 No one else appeared to speak either for or against the proposal and the 25 Council took the actions recommended by the Planning Commission. 26 Council Action 27 Motion by Ranallo, seconded by Enrooth to approve amending the Develop- 28 ment Concept Plan and the Detail Plan for Phase 3 of the Kenzie Terrace 29 Redevelopment Project as proposed by Lang-Nelson Development Corpora- 30 tion in accordance with the Site Plan and Preliminary Landscaping and 31 Utility Plans developed by Pope Associates and printed August 9 , 1988. 32 This amendment would allow the construction of three buildings of three 33 stories each over underground parking as proposed on the site currently 34 occupied by the St. Anthony Village Shopping Center and an unused 35 triangular parcel of land on the west side of the Town and Country Food 36 Store property. 37 Said buildings will consist of two apartment buildings for senior rental 38 only, with Building B to contain 48 units and Building A, 57 units. The 39 third structure, Building C, will contain 96 high quality market rate 40 rental units. The amendment would also allow building heights of 43 • 4 1 feet from grade to highest roof peak level , where 42 feet had previously • 2 been approved and the Zoning Ordinance only allows 35 feet heights. 3 As recommended by the Planning Commission, the approval is subject to: 4 *platting the property as required by Ordinance; 5 *provision of 206 underground and 153 surface parking spaces on the 6 site; 7 *ponding for aesthetic and storm drainage purposes as indicated on 8 the Site Plan; 9 *brick exteriors with wood accents around the balconies or extended 10 living room areas proposed by the developer; 11 *a peak rather than flat roof design; 12 *no vehicular access from Lowry Avenue N.E. ; 13 *landscaping, vegetation, and bermed screening as shown in the 14 Preliminary Landscaping Plan; 15 *provision of a walkway to the shopping center areas as well as 16 access to the site for emergency vehicles; and 17 *consideration given to security for the ponding areas as well as 18 consideration of a walking path for residents around the site 19 perimeters. 20 In approving these amendments the Council waives the required 2% bonding 21 and finds that neighbor concerns about the proposal appear to have been 22 satisfied because no one appeared to speak against the proposal during 234 the Council's consideration of Lang-Nelson's proposal. _ 24 Motion carried unanimously. • 25 Variance Granted for New Sigmaige on TA's Family Restaurant at 2905 26 Kenzie Terrace 27 Councilmember Ranallo told Tom. Rose, the restaurant owner's spokesman, 28 that he considered a 12 foot, variance to the City Sign Ordinance 29 requirements a good tradeoff to get rid of the "tall monstrosity" on the 30 roof now. Mr. Rose reconfirmed that Mr. Aulwes intended to remove the 31 existing. roof sign on the building right away. 32 Council Action 33 Motion by Enrooth, seconded by Ranallo to grant the request from Thomas 34 J. Aulwes for variance to the City code to allow two signs, 56 square 35 feet each (112 square feet total) on the TA's Family Restaurant at 2905 36 Kenzie Terrace where the City Ordinance only allows one sign of up to 37 100 square feet, for that building. As a condition for granting the 38 variance, the owner is required to remove the existing roof sign on-the 39 building as he had stated would be done in his July 27, 1988 petition 40 for a Sign Variance. 41 In granting the variance, the Council finds, as did the Planning 42 Commission, that: 5 C 2 TY O F S T . ANTHONY P L ANN 2 NG C OMM= S S =ON M 2 NUTS S AU G U S T 1 6 , 3- 988 The meeting opened at 7 : 30 P.M. with the Pledge led by Chair Wagner. ROLL CALL Present for roll call : Brownell, Hansen, Wagner, Werenicz, Madden. Absent: London (death of mother, ) Franzese (attending District 63A IR Convention) Also present: David Childs , City Manager JULY 19, 1988 PLANNING COMMISSION MINUTES Motion by Brownell , seconded by Hansen to approve with the following changes: Page 2 , line 4: Substitute "would be" for "had been" at end of the line. Page 2, line 5: Substitute "third" for "second" reading.- • Page , 3 , line 5: Substitute "which" for "who" . Page 3 , line 6: Insert "up" between "put" and "a" . Page 5, line 3 : Correct "found" at end of line. Page 9, line 8: Correct "to" at end of line. Page 11, line 8: Correct "Driven" and insert "had" between "and" and "never-" Page 12, line 38: Strike "more" . Motion carried unanimously. Commissioner Hansen Will Represent Planning Commission at Council's August 23, 1988 Meeting_, PUBLIC HEARINGS Proposed Changes in P.U.D. for Phase 3 of Kenzie Terrace Redevelopment P�roiect Given Unanimous Commission Approval At 7:35 P.M. Chair Wagner read aloud the notice of the hearing on the above changes which had been published in the August 3rd Bulletin and sent to all property owners of record within 350 feet of the subject property with the notices to 60 Kenzington residents had delivered. No one present reported failure to receive the notice or objected to its content. • 1 Proposal: *request from Lang-Nelson Development, who had entered into a • Redevelopment Agreement with the City August 4th, for amendment of the existing Development Concept Plan and Detail Plan to complete the project as proposed in the site plans prepared by Pope Associates, .Inc. and printed August 9 , 1988; *to erect three rather than the two buildings proposed by the Gaughan Companies; and *that the City acquire a small triangular parcel on the west side of the Town and Country Foods Store which would allow the developers to increase the individual unit size by about 100 square feet to meet a perceived senior market demand. Staff Report- *Childs' reiteration of information contained in his August 12th memorandum as well as in the Notice of Hearing in the Commission's agenda packet; *his report that Lang-Nelson's proposal had been accepted after the Gaughan Companies had failed to execute the Redevelopment Agreement the H.R.A. had approved for execution, October 13, 1987; *an indication that the Council perceived Lang-Nelson's proposal to construct two smaller senior units rather than the 100 unit senior • building proposed by Gaughan would better fulfill seniors' preference for shorter hallways and more than one elevator; *calculation that with the acquisition of additional land from the Town and Country Food Store property, the total land area would be increased from the Gaughan proposal of about 8 acres to 9. 34 acres which would probably more than meet the Ordinance maximum density require- ments of 24 units per acre; *conclusion that in addition to amending the P.U.D. for an extra building, the only other amendment which would be necessary would be to allow a building height of 43 feet where 42 feet had been approved for the Gaughan proposal and the Ordinance set a maximum height of 35 feet. The City Manager also reported that part of the agreement the City had signed with the developer provided for a pedestrian pathway from the adjacent Minneapolis "Stinson Triangle" neighborhood up the east side of the property behind the Northgate Office Park to the shopping areas which would remain after this development is completed. An existing City street right-of-way would become part of and be maintained as part of the project to accomplish this access. Mr. Childs also advised that 2 • r• � the Lang-Nelson proposal met all the setback, parking, drainage and landscaping requirements established for the Gaughan proposal . • proponents- Paul Brewer, President of LaNel Financial Group, Inc. Greg Bronk, Lang-Nelson Associates, analyst Robert Pope of Pope Associates, Inc. , project architect Mr. Brewer was the only proponent to speak. His presentation included enlarged colored renderings of the site plan, as well as the preliminary landscaping and utility plans for the project. He explained that the . elevation plans were being revised because the first plans had shown only balcony areas and the developers have now decided to include some units with extended, glassed in living room areas because their experience with those features in a Coon Rapids project was that from a marketing standpoint, they had proved to be very attractive. The Finance President showed the colored drawings of the 110 unit Summit Oaks apartment project in Coon Rapids, which he said was located on Riesling Boulevard just off Coon Rapids Boulevard and opened 30 days ago. Mr. Brewer provided the following information about the proposed project: Building Descriptions *all three structures would be three story buildings which would be • 43 feet high from grade to -the highest peak; *there would be 201 units in all with 96 in Building C, the market rate rentals and 57 and 48 units in Buildings A and B which would be rented to seniors only; *the acquisition of additional land on the east side of the project would allow the developers to increase the unit size to as close as possible to the size of the housing from which the seniors would be moving; *the buildings would take up 19.7% of the site. Parking *there would be a total of 406 parking spaces provided on the site. Setbacks and Landscaping *the setbacks in this proposal are much deeper than had been proposed by the Gaughan Companies with at least 30 feet between the buildings and the property lines all around the site; • 3 *this would allow more green space to be developed around the perimeter to offset the fact that there would have to be a certain • amount of pavement in the middle; *every effort would be made to retain the existing trees on the western and southern edges of the property next to the adjacent residential areas. Building Exteriors *brick exteriors are required 'by the Redevelopers Agreement but wood accents would be allowed to highlight the balcony or extended living room areas. Building Interiors *each building will have a' community - room for the use of the residents; *internal trash collection and compactor systems would prevent any trash outside the buildings; *unit sizes will vary from the 850 square foot one bedroom units to the 1 ;050 square foot two bedroom units. However, the building configurations will allow a few 1,400 square foot bedroom units as they did in the Summit Oaks project in Coon Rapids. Emergency Vehicle Access and Pedestrian Pathway to Shopping Areas • *these features are now shown on the site plans but the developers are willing to provide both of them and will be including plans for each in the Final Plan; *consideration would also be" given to providing walking_ paths around the site perimeters as long as they wouldn't interfere too much with the provision of a green buffer for the project. Drainage *would be accomplished through three ponding areas and an outdoor swimming pool would be constructed in the middle of the site; *the rainfall would be collected in the ponds and released into the City's sewer system only when it could handle the overflow; *engineering on this aspect had not been completed but as pointed out by the City Manager, over 50% of the site would be landscaped as compared to 100% pavement now; *the swimming pool elevations would naturally be higher than the ponds. 4 • Mr. Brewer concluded his presentation by giving his company's background in similar housing. He reported LaNel Financial and Lang-Nelson • Development have been in the apartment business in the Twin Cities for 20 years. They own and maintain 3 , 176 units in the metropolitan area, with about 1,400 of these located in -the northwest quadrant which includes the St. Anthony area. Neighbors' Concerns Addressed Several residents of the "Stinson Triangle" neighborhood and from St. Anthony were present to .find out just what type of project was being proposed this time. Glen Gavic, 2605 Lowry Avenue N.E. (St. Anthony) , indicated on the site plans the exact location of his home in relation to the project property. He questioned how children from his neighborhood would be kept away from the pond without fencing. Mr. Brewer assured him that although no specific plans had been made at this time, the developers certainly wouldn't want that pond to become public and security measures would most likely be part of the Final Plan for the project. Steve Kirstukas, 2315 Wilson Street N.E. , indicated he was afraid the 5.0 foot tree screen which now partially shields the adjacent residential neighborhood from the view and noise of the commercial. which operates on the property now, would be taken down for this -project. He said he perceived that to have that happen would "severely downgrade our neighborhood. " He was told there would be a 30 foot right-of-way as well as a 35 foot setback from the property line in that area. As • indicated earlier in the evening, that many of the existing trees would be preserved and as shown on the Landscaping Plan, a row of 6 to 7 foot high evergreens and 2 or 3 foot high deciduous trees are proposed to be planted in front of the existing trees. Mr. Brewer told Mr. Kirstukas a further separation between the new buildings and the residences in his area would be created by an earthen berm which would be between 2 to 4 feet tall. Possible Project Timetable Offered by City Manager Because of the history of this project. since it was first planned in 1.981 , Mr. Childs said he was reluctant to attempt to set a date when the current proposal might become a reality. However, he proceeded to suggest the following as a possible timetable: *the planned closing date on the parked housing bonds for the project is September 20th; *as soon as the bonds are sold, . the City will officially begin discussing the acquisition of the shopping center property with Max Saliterman and the triangular Town and Country Foods parcel with the property owner, Kraus Anderson; . 5 *at the most, the acquisition will take 120 days after which construction can start; *construction time period would be between 18 and 22 months with the entire project to be completed within that time; *the developers will begin renting each building as it is completed. The Commissioners were told that the next critical event would be in 37 days when (if) the bonds are sold and the acquisition process can be started. It appeared that the neighbors' concerns had been satisfactorily addressed and when no one else requested to speak, the Chair closed the hearing at 8:10 P.M. Commission Recommendation Motion by Madden, seconded by Brownell to recommend the City Council approve the amending to the Development Concept Plan and the Detail Plan for Phase 3 of the Kenzie Terrace Redevelopment Project as proposed by Lang-Nelson and in .accordance with the Site Plan and Preliminary Landscaping and Utility Plans developed by Pope Associates and printed August 9, 1988. This amendment will allow the construction of three buildings of three stories each over underground parking on the site currently occupied by the St. Anthony Village Shopping Center and an unused triangular parcel of land on the west side of the Town and Country Foods Store property. Said buildings will consist of two apartment buildings for senior rental only, with Building B to contain • 48 units and Building A, 57 units. The third structure, Building C, will contain 96 high quality market rate rental units. The amendment would also allow building heights of 43 feet from grade to highest peak level, where 42 feet had previously been approved and the P.U.d. Ordinance only allows 35 feet heights. The Planning Commission recommends approval be also made subject to: *provision of 206 underground and 153 surface parking spaces on the site; *ponding for aesthetic and storm drainage purposes as indicated on the Site Plan; .*brick exteriors with wood accents around the balconies or extended living room areas; *a peak rather than flat roof design; *no vehicle access from Lowry Avenue; *landscaping, vegetation, and bermed screening as shown in the Preliminary Landscaping Plan; 6 • *consideration of security for the ponding areas as well as a walking path around the site perimeters; *provision of a walkway to the shopping center areas; *provision of access to the site for emergency vehicles. Notion carried unanimously commission Recommends New Restaurant Sig sage Proposal At 8:15 P.M. the Chair read aloud the Notice of the Hearing on the request from Thomas J. Aulwes, owner of TA's Family Restaurant, 2905 Kenzie Terrace, for a variance from the City Sign Ordinance regulations to allow a second wall sign on the east wall of his restaurant. The notice had been published in the August 3rd Bulletin and sent to all property owners of record within 200 feet of the subject property. No one present reported failure to receive the notice or objected to its content. Proposal *to erect two signs of 56 square feet each, for 'a total of 112 square feet of signage where the Ordinance would allow one sign of 100 square feet; *to remove the roof sign which has been grandfathered from past owners. • Staff Report Childs reiterated information in his August 12th memorandum, including his recommendation that the variance be granted because: a. the restaurant has three street frontages and the City has previously granted variances for second signs on corner lots; b. - the exchange of a smaller wall sign for the removal of the controversial roof sign would remove some of the problems . caused by the non-conforming signage the previous restaurant owner put up before the Commission could act on his request; C. the applicant had already removed some of that signage from the building but had waited for City approval to finish what appears would be a more tasteful sign on the building; d. staff knows -of no connection between the applicant and either of the previous owners; e. no calls or letters opposing the variance have been received at this time. 7 , • • CITY OF ST. ANTHONY NOTICE OF HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, November 15, 1988 at 8: 30 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the . following purpose: To consider waiver of preliminary plan and approval of a final plat as requested by Lang-Nelson Co. and the St. Anthony Housing and Redevelopment Authority. Said plat would com- bine all legal descriptions for property contained in Phase 3 of the Kenzie Terrace Redevelopnment Project into a single parcel described as Lot 1, Block 1, St. Anthony LaNel Addition. Subject property is generally described as the • St. Anthony Village Shopping Center property and several small adjacent property parcels in the general vicinity of the 2600 block of Kenzie Terrace. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. David M. Childs City Manager • ST ANTHONY LANEL ADDITION • 3 LOT SURVEYS OMPANY. INC. LAND SURVEYORS /cp 1 ' I r= ,,•a ,�� �/ Tom♦ -� I 1 � ,L•O 6.0 to. I LOT I I Iz 4A ,dl as.�� -31 ' wt a corns U Cost Iran tyh) . - 372 3t ._ / \. 4 I • '1 Ini,CA tension of the I • I S°„m I me of 3 = � _ I I +' L _- < C_l �.� SE caner Lot '3000 e 538.22oo'>E LOCK 3.Blt.. - EAST 22.28 �..: r r' >.= EAST I Line P"llel lot"Safe . ... tine of the NwkA,sec.7 po o I 1_ _—I '7 m � - i F L 1 ~ � C • 11 Wit,ealeneion of the to I I I I South Ime 812 S I I SE.corner I I I 91k.4 — + I•..._.... 608 89— EAST --.- •�: - �T' Sathline B+ee.o one S one fhe enero.v,e 11"We0f Soule line of Iht NW 1/4, ��.�f e, �•,+,- _ See.7,T29,R23 w ^✓ate"` r �•C~ :J i."i:r�,1 .C,Lr✓. fl0 �1e�� �L .tiN�I+� L r'S VV I �: Ct'r`l.« rr.. I>,.I Ar`.. i :rLI.lI\ r- LJ IJItiI I s so `t_V, tfL✓:) Imo, •vv C^ AO f G�^r-•.- - IV :I ,J t1tt, �l►l I -ll 1 •