Loading...
HomeMy WebLinkAboutPL PACKET 07161996 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII - 101461 BOX: 20 Folder: PL PACKETS 1996 Document: P6 PACKET 07161996 CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA JULY 16, 1996 7:00 P.M. COUNCIL CHAMBERS I. CALL TO ORDER. II. ROLL CALL. III. APPROVAL OF JULY 16, 1996 PLANNING COMMISSION AGENDA. IV. APPROVAL OF JUNE 18, 1996 PLANNING COMMISSION MINUTES. V. DESIGNATE PLANNING COMMISSION REPRESENTATIVE TO JULY 23, 1996 COUNCIL MEETING. VI. PUBLIC HEARING. A. Re-zoning Request -- Howard and Dorene Krueger, 3631 Harding Street N.E. (96-08). B. Rear Yard Setback Variance Request -- C. William and Susan Lutterman, 3433 Croft Drive (96-09). VII. MISCELLANEOUS. A. Concept Review of Proposed Attached Garage Addition -- Mr. and Mrs. Bill Hedberg, 2509 30th Avenue N.E. B. Concept Review of Proposed Addition to St. Anthony Health Care Center, Mike Miller. C. Letter from Ramsey County RE: Bridge Renovation on Silver Lake Road. D. Comments. 1 . Commissioners 2. Staff VIII. ADJOURNMENT. I CITY OF ST. ANTHONY 2 PLANNING COMMISSION MEETING MINUTES 3 JUNE 18, 1996 4 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. 5 The meeting was called to order and the Pledge of Allegiance was led by Chair Bergstrom at 6 7:02 P.M. 7 H. ROLL CALL. 8 Commissioners present: Chair Bergstrom; Commissioners Delmonico, Franzese, 9 Gondorchin, Makowske, and Thompson. 10 Commissioners absent: Commissioner Horst. 11 Also present: Kim Moore-Sykes, Management Assistant. 12 III. APPROVAL OF JUNE 18, 1996 PLANNING COMMISSION AGENDA. 13 Motion by Franzese, seconded by Delmonico,to approve the Planning Commission Agenda for 14 June 18, 1996 with the following changes: 15 Delete Item IV. Approval of May 20, 1996 Planning Commission Minutes. 16 Delete Item VII. B. Concept Review of Proposed Lot Split/Double Bungalow-Bauer. 17 Motion carried unanimously. 18 V. DESIGNATE PLANNING COMMISSION REPRESENTATIVE TO JUNE 25, 1996 19 COUNCIL MEETING. 20 Chair Bergstrom was appointed as the Planning Commission representative for the Tuesday, 21 June 25, 1996, City Council meeting. 22 VI. PUBLIC HEARINGS. 23 A. St. Anthony Unocal-76 24 1. Conditional Use Permit 25 Chair Bergstrom opened the public hearing at 7:03 p.m. 26 Commissioner Makowske acknowledged that he felt this was an excellent prospect for 27 expansion. He would however, refrain from voting or conversation on the issue as in the course 28 of his business dealings he did receive direct financial benefit. 29 Kim Moore-Sykes, Management Assistant reported Roger Bona, owner of the Unocal 76 Service 30 Station, 2812 - 27th Avenue NE, is proposing to build an addition to his existing service station 31 so that he will be able to expand his auto repair business. The purpose of the addition is to 32 increase the number of repair bays. 33 The proposed expansion is 5,613 square feet, requiring an additional 19 parking spaces. Mr. 34 Bona is proposing to put 21 parking spaces on site and to construct 14 additional parking spaces r Planning Commission Regular Meeting Minutes June 18, 1996 Page 2 1 on an adjacent piece of property that he recently purchased. The old meat market building will 2 be demolished to make way for a portion of the proposed on-site parking. 3 In May, Mr. Bona and his architect presented drawings and plans to City Staff which showed the 4 proposed addition within the City's setback requirements. They also conducted a neighborhood 5 meeting on June 2, 1996. Mr. Dan Dahling, of Finn-Daniels Architects indicated that the 6 meeting went well, with the majority of the comments addressing a need for increased 7 landscaping. The residents and business representatives who attended the meeting advised them 8 that they want landscaping that will provide more visual screening that will also muffle the noise. 9 Ms. Moore-Sykes stated Staff is recommending that the conditional use permit be granted based 10 on the following conditions: 11 1. The parking areas must have striping for all the proposed parking spaces. 12 2. No more than 10 cars stored on the site for no more than 48 hours. This would also 13 include the parking area across the alley from the business. 14 3. Change the property address to reflect the business frontage on Kenzie Terrace. 15 Ms. Moore-Sykes explained with approving a conditional use permit, various additional 16 conditions could be placed upon the business. These additional conditions can include hours of 17 operation, hours of sign illumination, and lighting of the business during evening hours. 18 The proposed conditional use is one that is specifically listed in the City Code (1635.03(d),pg. 19 16-25) for the zoning district. It is an appropriate use of the property because a similar use exists 20 with the Phillips 66 service station, which is to the south of Unocal 76 on Kenzie Terrace. In 21 granting the conditional use permit, the use will not be detrimental to the health, safety or general 22 welfare of the residents or people working in the area. 23 Chair Bergstrom reiterated that Mr. Bona and his architect had met previously with the Planning 24 Commission in a work session to discuss his proposal. 25 Chair Bergstrom reported that just prior to the meeting tonight the Planning Commission was 26 presented with a petition signed by 15 people requesting that Unocal-76 remove the present 27 shrubs from the berm on 27th Avenue and replace them with Evergreens and Juniper trees 28 planted 4 or 5 feet apart. This would block out all noises made from using air guns and all other 29 noises when doors are opened during the summer and fall months. 30 Ms. Moore-Sykes presented a copy of the petition to representatives of Unocal-76. 31 Commissioner Franzese asked for clarification of condition 2 of Staff recommendation. Ms. 32 Moore-Sykes stated the condition was taken from a similar conditional use permit and would [ f Planning Commission Regular Meeting Minutes June 18, 1996 Page 3 1 allow a maximum of 10 cars to be parked on the exterior of the building at one time. The 48 2 hour restriction was meant to discourage long-term storage of vehicles on the site. 3 Mr. Dan Dege, Finn-Daniels Architects, stated Mr. Bona was comfortable with the 3 stated 4 conditions of Staff. He would propose however,that no further restrictions be placed on the 5 conditional use permit as Mr. Bona has proven himself to be a clean and good business operator. 6 He noted the neighbors were requesting landscaping along 27th Avenue to muffle the noise. He 7 stated the existing landscaping was planted by the City and was maintained by Mr. Bona. It 8 would be possible to plant additional landscaping but he would recommend Evergreens rather 9 than Juniper trees as they would be easier to maintain. He also noted Evergreens would need to 10 be spaced further than 4 to 5 feet apart or they would die out. 11 Commissioner Franzese asked the purpose of the 4 parking spaces adjacent to the easement. Mr. 12 Degeexplained the spaces would be used for short-term parking. He stated the proposed addition 13 to the service station was an improvement to the site as it would add more landscaping and 14 improve the access. 15 Ms. Moore-Sykes noted that the City did, at one time, own the property and install the 16 landscaping on 27th Avenue. That land has since been turned back over to the property owner. 17 Mr. Roger Bona stated he was in agreement with the suggested Evergreen plantings as they 18 would look better and be easier to maintain. He noted however,that he had an agreement with 19 the City that they would plant the landscaping and he would maintain it. He has lived up to his 20 part of the agreement and will continue to do so by watering,trimming and making the area look 21 its best. He stated he did not feel he should have to spend an additional $1,000.00 to plant the 22 Evergreens. 23 Chair Bergstrom asked if there were overhead wires which would interfere with Evergreen 24 plantings. Mr. Bona stated there was not. 25 Commissioner Gondorchin asked if Mr. Bona intended to change his hours of operation and if he 26 had received any comments from residents in regard to this. Mr. Bona stated he had no intention 27 of changing his hours of operation. He noted the only comment received was from a neighbor 28 who would like him to increase his hours of operation because she enjoys the activity on the 29 corner. 30 Mrs. Beverly Stafford, resident, stated she loves the service station and the idea of the 31 Evergreens. She felt that Roger does a good job and any plan he has will bean improvement. 32 Chair Bergstrom asked Mrs. Stafford to describe the noise from the service station. 33 Mrs. Stafford stated there is not enough noise. Everyone in her home loves to hear the sound of 34 an engine winding up. t Planning Commission Regular Meeting Minutes June 18, 1996 Page 4 1 Mr. Steve Burnt, Attorney representing Mr. Bona, stated that condition 3 had been intensely 2 discussed by the City Council in 1993. The 48 hour maximum had been dropped as some cars 3 are parked for more than 48 hours waiting for parts. He noted there has not been a problem in 4 the past 4 years 5 Commissioner Gondorchin explained this was a mechanism to guard against abandoned vehicles 6 or vehicles being stored to be used for their parts. 7 Mr. Burnt stated cars would not be stored on the lot to be used for their parts. There had been 8 much discussion of this issue in 1993. 9 Ms. Moore-Sykes stated this condition was also included in the conditional use permit for the 10 Phillips 66 station. She had reviewed the meeting minutes from 1993 and did not recall that this 11 condition had been dropped at that time. 12 Mr. John Jadinak, 2805-27th Avenue N.E., stated the neighbors had requested Evergreens be 13 planted on the berm in 1993. Instead of evergreens small shrubs were placed there. If the 14 addition is approved two big doors will face his house and there will be more noise than there is 15 now. He felt the Evergreens would block the noise and the view of cars. 16 Chair Bergstrom closed the public hearing at 7:27 P.M. 17 Commissioner Franzese noted that a conditional use permit goes with the property as opposed to 18 going with the owner. She asked if the City could impose other conditions on the conditional use 19 permit if the property was sold. Ms. Moore-Sykes stated this would not be possible unless the 20 new owners came before the City Council to do something different with the property. 21 Commissioner Gondorchin suggested condition 2 be revised to disallow the storing of vehicles 22 used expressly for parts and abandoned vehicles. He also questioned if a condition should be 23 included to preclude 24 hour operation. 24 Commissioner Franzese stated she had received a call from someone who was supportive of the 25 project but questioned the scale of the operation. 26 Motion by Gondorchin, seconded by Delmonico,to grant the conditional use permit based on the 27 following conditions: 28 1. The parking areas must have striping for all the proposed parking spaces. 29 2. No vehicles may be stored on-site to be specifically used for the purpose of extracting 30 spare parts and/or on-site long-term storage. 31 3. Change the property address to reflect business frontage on Kenzie Terrace. i r Planning Commission Regular Meeting Minutes June 18, 1996 Page 5 1 4. Consideration of incorporating the use of Evergreen landscaping on a consensus basis of 2 the parties of Mr. Bona,the neighbors who have submitted a petition and the City of St. 3 Anthony. 4 Vote: Commissioners Bergstrom,Delmonico, Franzese, Gondorchin, and Thompson voted aye. 5 Commissioner Makowske abstained. 6 Motion carried. 7 2. Setback Variance Request- Parking 8 3. Setback Variance Request- Canopy 9 Chair Bergstrom opened the public hearing at 7:40 P.M. 10 Ms. Moore-Sykes reported that Mr. Bona is requesting a front yard setback variance of 32 feet in 11 order to construct a 20 x 24 foot canopy over an existing gas pump island. The proposed canopy 12 will be three feet from the property line but will be at the same height as the existing canopy and 13 like the existing canopy,will have no signage. 14 The architect has stated in the application letter that there is no way to expand the center gas 15 pump island because it is too costly. Moving the gas pump to the center location would impact 16 parking on site as well as the flow of traffic on the property. They also stated that there is a 17 public acceptance of canopies over gas pumps and without the canopy,the gas pump island is 18 viewed as obsolete. 19 In June 18, 1993, memo to City Staff, Attorney Bill Soth identified several potential hardships 20 concerning canopies. He indicated that the cost of moving pumps could be considered a hardship 21 as well as the inability to compete with other service stations should the application be rejected. 22 He said that a canopy is becoming a standard operating practice and can be considered necessary 23 due to the prevalance of self service stations. 24 This memo appears to be the basis upon which St. Anthony has granted variances for gas pump 25 canopies. The City Council approved in the same month a variance request by Jim Sama for the 26 Stop-N-Save at 3259 Stinson Boulevard based on Mr. Soth's information. Mr. Sama requested 27 two 12-foot variances for the canopy that he proposed to construct because his service station is 28 situated on a corner. The southern most corner of the canopy is seven feet from the property line. 29 In October 1993, Dick Freiberg, owner of the Phillips 66 service station, requested a variance of 30 23 feet in order to construct a canopy over the gas pump island. The City Council approved this 31 variance request and allowed the construction of the canopy over the gas pump island that is 32 similarly situated along Kenzie Terrace. Mr. Freiberg had based his request on previous City 33 Council approval of variances for canopies. Planning Commission Regular Meeting Minutes June 18, 1996 Page 6 1 Ms. Moore-Sykes reported Staff is recommending that the variance for the gas pump island 2 canopy as requested by Roger Bona, owner of Unocal 76 be approved. Staff's recommendation .3 is partly based upon earlier canopy variance approvals and that this request also demonstrated 4 similar hardships to those discussed by the City Attorney. These hardships include the cost of 5. moving the gas pumps, fuel storage tanks, and accessory equipment; public perception the gas 6 pumps are not working or are obsolete; and canopies are considered by the industry as standard , 7 operating practice. These issues were reflected in their application letter as well. 8 Ms. Moore-Sykes reported Mr. Bona is also requesting a 10 foot variance to park in the front 9 yard parking setback along Kenzie Terrace. They are proposing that this area be restricted to 10 temporary parking only for the purpose of parking cars scheduled for repair. 11 Mr. Bona is proposing an expansion of 5,613 square feet, that will require an additional 19 12 parking spaces. His site plan shows 21 parking spaces on site and two of these parking spaces 13 are in the front yard setback. The old meat market building,will be demolished to make way for 14 a portion of the proposed on-site parking. 15 The application letter indicates that the intention is to park only to the property line, leaving the 16 remaining bituminous surface available for a sidewalk. Again,they are basing their arguement 17 upon the apparent precedent of the surrounding area. As Mr. Finneman states in the application 18 letter, the area has developed a"historical dependence" on using the parking setback of their 19 property for parking and driveways. 20 The City Council has also approved a similar request for Phillips 66. At the same time that the 21 canopy variance was granted to the Phillips 66 service station, Staff also recommended that they 22 be allowed to have a variance to 0 feet for the purpose of providing limited parking to the 23 property line. 24 Mr. Moore-Sykes stated Staff is recommending approval of this variance request. Due to the 25 irregular shape of the property and the nature of their business, the applicant feels it necessary to 26 keep temporary parking on-site. They have purchased property adjacent to the Unocal 76 service 27 station which is being planned for employee and overflow parking. Only the parking on-site will 28 be used for vehicles scheduled for maintenance and repair. As the application lettter states,they 29 considered landscaping the setback,but determined that this effort would be futile because of the 30, snow, ice and salt placed there in the winter from plowing. A more appropriate use was_for 31 temporary parking. They will enhance the landscaping at the front of the building to compensate 32 for the amount of parking that is necessary for the conduct of business. 33 Mr. Dan Dege Finns-Daniels Architect, explained that the landscaping on the site would be 34 enhanced as a result of the setback variance. He explained the new canopy will be small and the 35 height and color will match the existing canopy. There will be no signage or illumination on the 36 canopy. 1 ' Planning Commission Regular Meeting Minutes June 18, 1996 Page 7 1 Chair Bergstrom closed the public hearing at 7:49 P.M. 2 Motion by Gondorchin, seconded by Franzese to recommend approval of the request for a front '3 yard setback variance of 32 feet for Roger Bona,Unocal 76 service station,2812-27th Avenue 4 N.E. based on its meeting the variance criteria as follows: 5 1. Strict enforcement would cause undue hardship not created by the landowner. This is 6 demonstrated by the public demand for canopies. Also the request is not for pure 7 economic gain. Moving the gas pump would result in the configuration of the island 8 restricting traffic and causing a safety issue. 9 2. Unique circumstances in that this is a redevelopment and expansion of an existing 10 property and.the unique shape of the property. 11 3. Keeping in the spirit of the granting of previous varaince requests for properties in the 12 area including Phillips 66 service station. 13 14 Motion by Gondorchin, seconded by Delmonico to recommend approval of a 10 foot variance to 15 park in the front yard setback along Kenzie Terrace as it meets the variance criteria as follows: 16 1. Strict enforcement would cause undue hardship not created by the landowner due to the 17 unique configuration of the property. 18 2. Unique circumstances in that this is a redevelopment and expansion of an existing 19 property. 20 3. Keeping in the spirit of the granting of previous variance requests for properties in the 21 area including the Phillips 66 service station. 22 Vote on the motions: Commissioners Bergstrom, Delmonico, Franzese, Gondorchin, and 23 Thompson voted aye. Commissioner Makowske abstained. 24 Motions carried. 25 VII. MISCELLANEOUS. 26 A. Concept Review of Proposed Deck and 3-Season Porch- W Lutterman. 27 Ms. Moore-Sykes reported Staff has received an application from William and Susan Lutterman, 28 3433 Croft Drive, to construct a deck and eventually a three-season porch on their property. This 29 will require a back yard setback variance. The applicants are citing the hardship as being unable 30 to fully utilize the property because of its shape and being a comer lot. The deck and the 31 footings and foundation would be completed this summer. The porch would be built next 32 summer. Planning Commission Regular Meeting Minutes June 18, 1996 Page 8 1 Commissioner Franzese asked how far the adjacent property owner was from the lot line. Ms. 2 Moore-Sykes stated she was unsure but noted Mr. Lutterman had spoken with the neighbors and 3 they have no problem with the privacy or the distance. 4 Mrs. Susan Lutterman, 3433 Croft Drive, stated she did not have the neighbor's side yard setback 5 measurements. She noted that the irons have been identified and this could be measured. She 6 stated they had talked with the neighbors and received verbal agreement in regard to the project. 7 Commissioner Gondorchin stated he liked to see projects of this kind go forward. He 8 acknowledged the odd configuration of the lot and suggested a professional survey be obtained if 9 there was any doubt or confusion as to the actual lot line. He asked why the project would be 10 extended into the next year. 11 Mrs. Lutterman stated the reason was that it had not yet been decided if they would construct a 12 two-season porch or a three season porch. 13 There was Commission consensus to approve of the concept of the variance for William and 14 Susan Lutterman, 3433 Croft Drive. 15 Al. Concept Review of Rezoning Request- Krueger. 16 Ms. Moore-Sykes explained this request was for rezoning of the property to allow another family 17 to live in the lower level of the house and make the home a two-family unit. Ms. Moore-Sykes 18 noted she had informed Mr. Krueger that spot zoning is not done in St. Anthony. 19 Commissioner Gondorchin stated he was in opposition to the request. He felt that permitting 20 residents in the City of St. Anthony to rent rooms would be detrimental to the community. 21 There was Commission consensus that this rezoning would not be beneficial to the community, 22 is down-zoning, and may not be allowed by City Code. 23 24 C. Review of the City's LCA Housing Action Plan. 25 Ms. Moore-Sykes stated this draft would be forwarded to the Met Council following its approval 26 by the City Council on June 25, 1996. The document describes what the City can do and what 27 tools and funds to use, to attract, enhance and maintain affordable life-cycle housing in St. 28 Anthony. It includes benchmarks which the City of St. Anthony currently meets or exceeds and 29 will strive to maintain. She explained the Met Council would like the City of St. Anthony to be 30 more flexible in their land use, allow for larger homes on smaller lots and increase density 31 slightly. 32 Chair Bergstrom asked if the City of St. Anthony had internal funding sources for improvements 33 to residential housing. Ms. Moore-Sykes stated the City did not. i r Planning Commission Regular Meeting Minutes June 18, 1996 Page 9 1 There was Commission consensus to encourage some internal program in the City of St. 2 Anthony, ex. low interest loans, for homeowners to utilize for improvement to existing homes. 3. The Commission also suggested the percentage of homes that are owner occupied be tracked. If 4 the percentage dropped it can be utilized as an early warning sign of a declining neighborhood. 5 6 D. Comprehensive Plan Update. 7 1. Request for Proposal -Engineering Consultant. 8 Chair Bergstrom explained this is a draft Request for Proposal for the Comprehensive Plan. He 9 noted the four points which were identified as the main focus. He stated the request would be 10 sent to six firms on July 1 st and asked Commissioners to forward the names of any other firms 11 which they would like to be invited to bid to Ms. Moore-Sykes prior to July 1 st. 12 VIII. DISCUSSION ITEMS. 13 Ms. Moore-Sykes explained she had received a call from City Attorney Bill Soth regarding the 14 proposed conditional use changes regarding the deletion of pool/billiard halls and motorcycle 15 sales as a permitted conditional use. His advice was to review and treat these uses in the same 16 fashion as adult businesses. 17 Ms. Moore-Sykes explained the new state statue which was adopted last year which sets a 60-day 18' limit for taking action on a rezoning or variance request. If a City does not take action within 60 19 days,the request is automatically approved. She explained the City can request a 60 day 20 extension with reasonable cause. 21 Ms. Moore-Sykes noted.an article which was included in the packet which showed an example of 22 St. Louis Park's Program for Beatification. 23 Ms. Moore-Sykes noted a letter which was received from Cathy Sorenson, Planning Secretary, 24 expressing her appreciation of the opportunity to work with St. Anthony Planning Commission 25 and Staff. The Commission acknowledged the thorough job she had done on the minutes and her 26 ability to capture the essence of a meeting. 27 Ms. Moore-Sykes updated the Commission on the status of the City Hall/Community Center. 28 She reported most of the outer wall is constructed. There has been a slight problem with the clay 29 drying in some areas. The anticipated occupancy date is January 1997 and the contractor is 30 approximately 2.5 weeks behind schedule. 31 Commissioner Franzese noted an article in the Bloomington newspaper in regard to outdoor 32 storage of vehicles. She also noted an article in the Edina newspaper which compared the 33 percentage of shoppers at CUB Food Store,Rainbow Food Store, Lunds and Byerly's. She 34 noted the City of Edina Liquor Store was located in their CUB Foods Store. 35 Commissioner Thompson expressed his appreciation of the new semaphore located at 39th 36 Avenue. Planning Commission Regular Meeting Minutes June 18, 1996 Page 10 1 Chair Bergstrom reported he would prepare a draft of the previous beautification discussion for 2 the City Council meeting of June 25th. 3 aX. ADJOURNMENT. 4 Motion by Makowske, seconded by Delmonico, to adjourn the meeting at 9:00 P.M. 5 Motion carried unanimously. 6 Respectfully submitted, 7 Lorri Kopischke 8 Timesaver Off Site Secretarial STAFF REPORT DATE: July 16, 1996 TO: Planning Commission Members FROM: Kim Moore-Sykes, Management Assistant ITEM: Rezoning Request - Howard and Dorene Krueger, 3631 Harding Street BACKGROUND: Howard and Dorene Krueger have submitted an application for the rezoning of their property at 3631 Harding Street. As they indicated in their application letter, they are requesting this zoning change to accommodate their desire to rent out a portion of their home to unrelated adults. Mr. and Mrs. Krueger explained that their children no longer live at home, leaving them with a space that is available to rent. This request is also being put forward because there is R-2 zoning adjacent to their property on.the north side. Currently, the house has only one kitchen, which they share with their tenants. If they are granted their rezoning request, they would install an additional kitchen facility in the lower level, where their tenants reside. Staff have also spoken to Mr. Krueger about the need to comply with other building and fire code issues. In 1984, Mr. and Mrs. Krueger initially petitioned for a rezoning of this property. At the time they were planning to build their home with an apartment on the lower level to accommodate a parent living with them. The Kruegers indicated that this apartment could be later turned into an income producing situation for them. Because of much neighborhood opposition, the Planning -Commission recommended denial of-the - application and the Kruegers withdrew their application. ANALYSIS: The property is in an R-1 zoning district and approving the petitioners' request would result in "spot zoning", which is counter to the intent of the Zoning Ordinance and the Comprehensive Land Use Plan. The purpose of the R-1 Zoning District is to create, promote, and maintain areas which have low traffic volumes and because of historical development patterns are best suited for single-family detached residences (1615.01 Purpose.). Single family homes are the only residential structures permitted in the R-1 Zoning District of the City. Page 2 The current Comprehensive Plan shows the area as an R-1 Zoning District. In order to p g change the Comprehensive Plan, the City is required to file a proposed amendment with the Metropolitan Council. This process to amend the City's Plan can take up to six weeks to complete. This is the minimum.amount of time required by the Metropolitan Staff when evaluating a proposal for minor amendment to the Comprehensive Plan. Several neighbors have also called City Hall to voice their concern for the neighborhood should this rezoning request be allowed. They feel there will be an increase in traffic causing the area to lose its quiet, residential nature. An R-2 Zoning District currently exists to the north of the neighborhood and the feelings expressed indicate that multi- family dwellings should remain in those areas specifically zoned for them. RECOMMENDATION: Staff recommends denial of the application. 96-08stf.rpt L D --� t � ' 1/ � • V / /J Date: *1c,n,,Q l^l 1996 Fee: $225.00 CITY OF ST. ANTHONY VILLAGE Petition for Rezoning Applicant: ,xoard W.I-bnrene K - Kr'ueg Phone: Address: A42 3 1 d►n9 5*tr- AJE . 5r A -0-Aan T,M y rf'<//r Status of Applicant (Owner, Buyer, Lessee, etc.): Lj w ►" Legal Description of prope proposed for rezoning: 2 Street Address: 3P 31 W r d+ n 9 Ste, AIE ST 4 n''A IV 9 Presently Zoned: R e5 i'cue A` 'f a 6 YI e Yh►�/ Proposed Zoning change to: e 3► ex i a d i o o 4 YK► I�/ 1. Attach a statement to this petition stating why this zoning change is requested. 2. If an entire parcel of land is proposed to be rezoned, submit a map or plat with this petition showing the land proposed to be rezoned and all lands within 350 feet of its boundaries. 3. If a portion of a larger parcel of land is proposed to be rezoned, submit a preliminary plat prepared in accordance with sections 1500.01 through and including 1500.03 of the St. Anthony Code of Ordinances with this petition. A copy of which is included in this packet. Signature of Applicant Signature of Owner (if different from Applicant) 06 -14 ;096A X22 25 00 ,1 CITY OF ST. ANTHONY VILLAGE Petition for Rezonini We request that the property at 3631 Harding Street N.E. St. Anthony, Legal Description "That . part of Lot 2 lying North of the South 41 feet thereof and West of the East 130 feet thereof, Block 2, 'Gardena Acres"' be rezoned from one family residence to two family residence. We make this request for the following reason. Our children are now-grown and.we, as two people, reside in a five bedroom home. Two of the bedrooms, bath, family room, utility room, etc. are on the lower "walk-out" level. We have been renting this area out.to two-professional adults. We would like to avoid sharing our kitchen with them or providing kitchen facilities illegally. For this reason we request rezoning. There would be no structural changes in the building. A two family residence is adjacent to the north of our home. Respectfully submitted, Howard W. &Dorene E. Krueger Low ZE-- .4 T l3 13 � r 35' Gara� 2- �o M drive. 1-fctv�dinj s rR��T f/ooard Kru etr ,?(,,,31 Nard,n�T. N st. /� Yl�tio nr MV iv7'oz hvr- n�a �, NE OWN ' ' 1 ,o........... 100. ........ ; eo I 100 ( 19 (20) ' ; 7 X X , . 1 { 146? — (69) — TRUC WSKY ( 147) ; (68) ; Q ; z 129.71 124. 97.----- ---- -- 16------�- -----� r t� \ _ 2 j - i------------ HOWt Y]��►llp�or 1 ( 139) f -- I ( 14 2 2 ° (71) 2 (70) $ 129.79 I?9 z .. ^ {�) _ -------- ----�- 3 A DI _ -� - -- ^ ---------- ----------------- ( 140) ---p-----I •------- N. ( 14 M (22) �' (r.8) (73) (72) Z 74 ........ --- --------------------- tv 10 2 (67)3 g ' 6 (23) (79) a ;0 (74) (75) ' ' -------- ' --------------- 130 i 2 ; T 4 (24) In I ^ N " (64) (65 264,87 4 ^ ( 133) ^ ( 125) ^ ; (80) ° ------ ---------y--- ----------- b -------- _.7L_ 170 O 130 ; 9 (25) \ -------- ---------------T--- (62) (63; 130 r N , ^ ( 126) ^ P. (26) -- ---------------- ( 132) g ' ------------- ------}=----�------ 265. 11 - Cn 1 5 130 i In (82) � e ,o ( 127) ^ ' Io (60) C (27) "� c in 130 1 --j-----------�---- ( 131) 130 290.47 ' 0 ZQAURArk 130 ° ( 128) Q 2 1 6 130 N ! CITY OF ST. ANTHONY NOTICE OF PUBLIC HEARING REZONING PETITION TO WHOM IT MAY CONCERN: Notice is hereby given that the Planning Commission will hold a public hearing on Tuesday, July 16, 1996, at 7:05 P.M. or as soon thereafter as.possible,.in.the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast comer) for the following purpose: Applicant: Howard and Dorene Krueger Property Address: 3631 Harding Street NE Proposal: , Rezone property from R-1, Single Family Residential, to R-2, Two Family Residential 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 Management Assistant 789-8881. Auxiliary aids are available upon request at least 96 hours in advance. Please call the City Clerk at 789-8881 to make arrangements. Kim Moore-Sykes Management Assistant Publish: St. Anthony Bulletin July 3, 1996 Rezoning Sharon Watson Barbara Zielinski 2604-06 - 37th Avenue NE 2608 - 37th Avenue NE 3631 Harding St. Anthony, MN 55418 St. Anthony, MN 55418 Henry Zawieruszyski Douglas Tanner Jerry Fruin 2608 - 37th Avenue NE 2206 St. Anthony Parkway 2131 Mississippi Circle St. Anthony, MN 55418 Minneapolis,MN 55418 New Brighton, MN 55112 Re: 2612-14 - 37th Ave. NE Re: 2612-14 - 37th Ave. NE Industrial Custom Products Fred Lawless/Sally Hedman Owner 2801 - 37th Avenue NE 3609 Edward St 3613.Edward St St. Anthony, MN 55421 St. Anthony, MN 55418 St. Anthony, MN 55418 Theron Ernster L. Anderson Robert Gideo 3617 Edward St 3621 Edward St 3625 Edward St St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Joseph Koenigsmark Walter Patrek Edward Cyryt 3629 Edward St 3633 Edward St 3620 Belden Drive St. Anthony, MN 55418 St. Anthony, MN 554.18 St. Anthony, MN 55418 Dietrich Dehnhard Gregg Owens Robert Victorine 3626 Belden Drive 3630 Belden Drive 3617 Coolidge St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Sheri Fick Thomas Schlosser Gunta Rozentals 3621 Coolidge 3626 Coolidge 3629 Coolidge St. Anthony, MN 55418 St. Anthny, MN 55418 St. Anthony, MN 55418 Walter Kantorowicz Joan & Raymond Cyryt Howard McHugh 3633 Coolidge P.O. Box 18376 3640 Coolidge St. Anthony, MN 55418 Minneapolis, MN 55418 St. Anthony, MN 55418 Re: 3635-37 Coolidge Elmer Beerman Merlin Bjorke Ron Rossa 3632 Coolidge 3626 Coolidge 3620 Coolidge St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Albert Meister Emil Crepeau Keith BaDour 3608 Coolidge 3612 Coolidge 3616 Coolidge St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 William LaBissoniere Ted Dziedzic John Goering 3605 Harding 3611 Harding 3616 Harding St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Nancy Olson-Constans Harvey Herzog Carl Jarvi 3621 Harding 3627 Harding 3632 Harding St. Anthony, MN 55418 St. Anthony, MN 554.18 St. Anthony, MN 55418 Jim Mancino William Sauer Mykola Jakimetz 3626 Harding 3620 Harding 3612 Harding St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Peter & Linda Eckert Rick Werenicz John Kripotos 3610 Harding 3606 Harding 3601 Harding St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Mike Mihalchick 3600 Harding St. Anthony, MN 55418 3420 Coolidge Street N.E. St. Anthony, Mn 55418 April 6, 1984 Dave Childs Village of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 Dear Dave, I would like the opportunity to meet with the Planning Commission to ask for a concept on changing the zone from R-1 to R-2 for a two family &Telling and variance on lot size. The property is located at 3631 Harding Street N.E. The legal description is "That part ofLot 2 lying, North of the South 41 feet thereof and West of the east 130 feet thereof inBlock 2, Gardena Acres".' I would like the zoning change and variance to build a home that would utilize the walk-out basement as an - apartment. My purpose is to allow an apartment for a parent to live in now and having the home as a retirement home that would provide some income from the apartment rental, later on. Sincerely, Howard W. Krueger _ 5 A 1 I I' �I � -.-- ___ - __ __._ ...._ �I j � I'' i iI � i �� 1 ��, I' j y � ` '• M1 I I � i .i i r �i I I �$`f IE ►10 -I� 12 �! i Bedroom MaSfe-r �,�v� nq R oom ' q Kit ' Bedroom I 1y x 16 rL-IIXI`I Solarium n Y. 23 Bedroom D I-A Room q xis 9 X13 n ' 11 I� Y 'I I 1' G ar a q e r 23 if I 1 11 I 1 I 1 • I 1 ', ' I � I 1 I I I 1 i I i upper ve Bedroom Room Dining ►► X 12 i x !(P Room 9 K I► 0 Ochen Bedroom g4t1. 8x►1 9 x 13 O D❑ �Furnace CLin d 'tCt;lity U), ex C av ate d garage) L over Level 3 1 neighbor or any one else. 2 3 Motion carried unanimously. 4 5 At 8:40 p.m. , the Chairman opened the public hearing on the request to rezone 6 the -property at 3631 Harding Street N.E. , from R-1 (single family residence) to 7 R-2 (two family residence) and for the lot size and width variances necessary 8 to construct the proposed duplex on that site. He read the notice of the 9 hearing which had gone out to all property owners within 350 feet of the subject 10 property and none of the 14 persons present reported failure to receive the 11 notice or objected to its content. The Manager indicated he had received only 12 two calls related to the proposal , both in opposition. 13 14 The Commission had, at their last meeting, unanimously given conceptual approval 15 to the Krueger proposal subject to the approval of the neighbors, perceiving 16 that the proposed structure had been so well designed that it would be hard to 17 distinguish from other single family dwellings and it would be built next to 18 another duplex. 19 20 In his May 11 memorandum, the Manager had reiterated that, in addition to 21 rezoning the property a variance would be required, since the lot is 10,400 22 square feet where the Ordinance requires 12,000 square feet, and is only 80 2 3 feet wide, where a width of 85 is required. He had also informed the Commission 24 that the adjacent property owner, Harvey Herzog, 3627 Harding Street N.E. had 25 changed his mind about the proposal , which he now opposes. 26 27 The eight people who spoke all indicated they were opposed to rezoning the 28 Krueger property for rental property, primarily because of the bad experiences 29 they had with the tenants and maintenance of a duplex in the neighborhood. 30 They told various stories of problems with the large number of cars parked 31 outside the duplex all the time, the transient tenants who showed little 32 consideration for the neighbors in their living habits which made the residence 33 a general nuisance for the neighborhood, and downgraded the property of the 34 other residents. 35 36 Mae Gerard, 3621 Harding Street N.E. , said when she had complained about the 37 uncut grass she had been told by the City it had to be ten inches tall before 38 they would do anything about it. She and Carl Jarva, 3632 Harding Street N.E., 39 questioned why, if the zoning was wrong, the request had gotten to the point of 40 a public hearing. They were told every property owner has the right to make a 41 zoning proposal -and the hearing that evening was the second step in that process 42 which had been set up in the Zoning Ordinance. When Mr. Jarva asked why Mr. • 43 - Spel lman's request -for -a duplex a few years ago had gone no further than the----- 44 concept review, Commissioner Jones told him that, when that applicant for 45 rezoning realized there would be so much neighbor resistance, he had decided 46 'not to pursue the matter further, since to do so, would involve the payment of 47 an application fee for the public hearing which, in this instance, Mr. Krueger 48 had paid in advance of this hearing. 49 50 Rick Werenicz, 3610 Harding Street N.E., told Mr. Childs the reason he had gotten 51 so few calls about the proposal had been because Mr. Werenicz had canvassed the 52 neighborhood and secured 80 signatures on a petition which "strongly opposed the 53 rezoning proposal", which he then read to the Commission. Those signatures 54 represented 56 households along Belden, Coolidge, Edwards, and Harding and Mr. 55 Werenicz said, only four of the 60 he contacted had indicated they would be in - 4 - 1 favor of the proposal . He also indicated most of those opposing the rezoning 2 were especially concerned about the use of the property in the event the pastor 3 is transferred, which could very easily happen. 4 5 Mrs. H. McHugh, 3640 Coolidge Street N.E., said she owns rental property and 6 her experience has been that the tenants ruin the property. She said she is 7 opposed to any type of. rental property in St. Anthony. Her sentiments were 8 shared by Jim Mancino, 3626 Harding Street N.E., who said, "tenants are never 9 the same as home owners". 10 11 Commissioner Hansen responded by saying the issue before the Commission should 12 not be renters versus private property owners, but rather, whether or not to 13 rezone the Krueger property as requested. He said the same problems with 14 renters are present when single family homes are rented out in the City and the 15 Chairman commented that he knows a few home owners who are poor neighbors as 16 well . Commissioner Franzese indicated that she perceived an empty lot would 17 not be an enhancement to the neighborhood either. 18 19 When Elmer Beerman, 3622 Coolidge Street N.E.-, asked just what control the City 20 had over the conversion of single family property into double occupancy, the . 21 Manager said the Ordinance provides for relatives living with families without 22 rezoning, as long as separate cooking facilities are not installed. He also 23 said because of the civil rights issues involved, the ordinance had been 24 rewritten to recognize up to six individuals living in a dwelling as constituting 25 a. family. 26 27 The hearing was closed at 9:10 p.m. 28 29 The general consensus of the Commission members was that the neighbor's were 30 not so much opposed to a duplex per se but that their opposition stemmed from 31 their unhappiness with the manner in which another duplex in that neighborhood 32 is maintained and the type of tenants which have come and gone there over the 33 years. Commissioner Jones disputed the impression that all duplexes are 34 maintained so poorly, pointing to several examples in the same area which he 35 believes refute that claim. He suggested the neighbors should report any 36 maintenance, parking, or noise violations to Mr. Childs who is "very accessible", 37 and to the Mayor or Council members who the Commissioner said, are always happy 38 to hear from their constituents. He complimented those present for their 39 vigilance of what is happening in their neighborhood and said it is a rare 40 occurence to have residents avail themselves of their privilege to affect City 41 decisions. The Commissioner_ said, without their opposition, he perceives the 42 proposal would probably have gone to the Council with the Commission's 43 _.recommendation for approval , since they had encouraged the applicant to seek ,_.,__ 44 a. public hearing because his proposal had impressed them so favorably before 45 they knew the neighbors would be opposed to it. Commissioner Bjorklund urged 46 those present to continue that vigilance by attending the May 22 Council meeting 47 where, he said, it is possible that the Council would reverse the Commission 48 recommendation of denial . The Manager -indicated that he rather expected the 49 application would be withdrawn once Mr. Krueger learns of the opposition and 50 I he promised to let the neighbors know if that should happen. 51 52 ; Commissioner Franzese said she was prepared to vote for a recommendation of 53 `: denial but was nevertheless sorry the bad experience with another duplex had 54 prompted so much opposition to this proposal which she personally believes, 55 would have produced a well designed home which could have been aesthetically - 5 - 1 pleasing to the rest of the neighborhood. 2 3 Motion by Commissioner Bjorklund and seconded by Commissioner Jones to recommend 4 Council denial of the request from Howard Krueger for rezoning his property at 5 3631 Harding Street N.E., from R-1 (single family dwelling) to R-2 (two family 6I dwelling) and the accompanying lot size frontage variances, finding that: 71 81 1. There was major and significant opposition to the proposal from the 9 ; neighbors during the May 15, 1984 hearing which was reflected in the petition 10 of opposition signed by 80 persons from that area. 11 12 2. The rezoning would be contrary to the City's land use plans for that 13 : neighborhood. 14 15 : Before the vote was taken, Commissioner Bowerman suggested it might be advisable 16 ; to refer to the lot size deficiencies to which Commissioner Jones responded that 17 he could not accept that friendly amendment because, even if the lot met all 18 zoning requirements, in the face of all the opposition demonstrated that evening, 19 he would have voted against the request. Commissioner Bowerman withdrew his . 20 : amendment suggestion. 21 22 Motion carried unanimously. 23 24 The meeting was recessed at 9:15 p.m. and reconvened at 9:20 p.m. , for the public 25 hearing for a variance to the Fence Ordinance which would permit Ken Heibel to 26 construct an 8 foot 1 -inch by 4 inch cedar board fence on his property at 3341 27 Skycroft Circle. 28 29 Commissioner Bjorklund had left the meeting during the recess. 30 31 In his May 11 memorandum to the Commission on the proposal , Mr. Childs had 32 indicated he would recommend approval of the fence variance as requested, but 33 indicated he would have some reservations about allowing the "ornamental" 34 rafters closer than 3 feet from the property line. No objections had been 35 received from the neighbors and Mike Heibel who represented his father at the 36 hearing, indicated the next door neighbor, Maurice Hugill , 3337 Skycroft Circle 37 had voiced no objections to the plan when it was presented to him. He said Mr. 38 Hugill 's. garage abuts the fence which divides his property from the Heibel 's 39 and there are no living areas on that side. 40 41 No other person was present to speak for or against the proposal and Mike Hei.bel 42 said his family had no intention of. making a roof out of the rafters, but rather, -43 planned to keep them open for hanging plants, etc. It was also determined_ that 44 the grade elevations on the Heibel property were lower than the neighbors' so 45 an eight foot fence would not look strange where proposed. Commissioner Jones 46 indicated his first impression had been that the fence would be constructed 47 right under the eaves of the house, but having been assured the eaves would be 48 at least two feet higher, concluded that an eight foot fence would probably 49 provide a better balance in appearance than one, two feet shorter. Commissioner 5o Hansen said he agreed, adding that, if the stringers area allowed, the six foot 51 fence would probably be much more objectionable. 52 53 Commissioner Franzese was told that, although the same application forms are .54 used for fence variances as are used for other variances, the criteria are not 55 the same as for zoning variances. 3- aa , Cie, - Motion carried unanimously . Copies of the letter from Howard 'Krueger, which had been received by the City Manager , May 22nd, in which the application for rezoning of the property at 3631 Harding Street N. E . were withdrawn , had been distributed to the Council members who had concluded there would_ be no need for action on the Commission recommendation that they deny the rezoning request . The Council concurred with the Commission recommendation of approval of the request for a fence variance at Skycroft Circle . Motion by Councilman Makowske and seconded by- Councilman Marrs to follow the recommendations of the Planning Commission to grant a two foot variance to the City Fence Ordinance requirement which would allow Ken Hiebel to construct the 8 foot high fence he proposed, with an open rafter attachment to his house at 3341 Skycroft Circle, con- tingent upon the rafters being not less than 24 inches on center and never being covered in such a manner as to constitute a roof or shelter. Motion carried unanimousl-I . ^he Planning Commission representati'.•e :voted that the Coi'Lmission had looked favorably upon the concept o= a lot split on Fordhan Drive as broposed by .like and "r . Fans_n reiterated the reasons the Com.^issicn has: for recom-renc n t^e Cit•: Ordinance be --cdifiec to cut do::n the number of _ ta __ bet,.:e_.. _ _.rtitions in caraces . : e : t'_e : m a'.r . Soti reii.1. = yes '-ad re.::!' been -r ._at:'.___C _..:t ,..:0 _nance and a. _ '.v^C,i_ 1catlons 0'..1111 onl' berrec. _r0C c_ cnevel -lento Ee also s'.:a(7es ed a Check be :'lade of State 3,UiiiinC, COC=s :C see how tie-.- eal .,:-i --h garace partitions . CouaClli X13=:O::S:{2 s3?: she believes. t_ie Commission should be complimented, for Sri nri lam. :..is matter to the Council ' s attention . "lotion b" Councilman a-a'iC and s0,:=4.ed by Councilman Ma'-ows'-e to recommend the City' Fire and Police Department be invited to participate in the development of an amendment of the City Ordinance as it regu- lates the construction of apartment .:arac;es which would stipulate .that only two stalls could -be provided between partitions in -those. structures and that staff recommendations would be reported back to the Council at a future meeting . Motion carried unanimously. The April liquor operations sales sur,'umary and May 16th staff notes were ordered filed as informational, as was the request for a block party on the cul de sac at 34th Avenue N.E . and Skycroft Drive, which had been approved by staff . Mr. Childs announced the first spraying for Gypsy Moths would be done 1 . early the next morning and notices to that effect had been hand delivered that day to all affected residents. He also reported the STAFF REPORT DATE: July 16, 1996 TO: Planning Commission Members FROM: Kim Moore-Sykes, Management Assistant ITEM: Variance Petition - C. William and Susan Lutterman, 3433 Croft Drive BACKGROUND: Mr. and Mrs. Lutterman, owners of the property at 3433 Croft Drive, have submitted a rear yard setback variance request of 18 feet so that they may be able to build a porch and deck on the back side of their house. The house is situated on a corner lot and also sits in the rear yard setback by two inches. Because they purchased the house as built, they are unable to make any improvements to this side of the house without a variance. The construction of this proposed addition will not impact the lot coverage requirement. Once the project is complete, the total footprint of the residence will occupy 2,861.square feet, or 24.7% of the total property square footage of 11,586.6. The City Ordinance restricts lot coverage to 35%. As they indicated in their letter submitted with the application, a porch and deck addition to their home would be consistent with other homes in the surrounding neighborhood. They have contacted their immediate neighbors that would be impacted most by this addition and received favorable responses from them. Staff have not received any information from anyone in the neighborhood who objects to the proposed addition. RECOMMENDATION: Staff recommends approval of the variance request of 18 feet, provided that the applicants complete the porch and deck construction within 12 months as stipulated in the City Zoning Ordinance. The applicants have demonstrated hardships that make it impossible to improve their property in any way that would make it usable. They purchased property that has a residential structure already sitting in the rear yard setback thereby precluding the construction of a porch and deck without a variance. It is also a corner lot which is required by the Zoning Ordinance to have at least 11,000 square feet. Because of the unusual configuration of the house, they are unable to make improvements on much of their property. 9609STF.RPT Fee: (R-1............$ 60.00 Other.........$100.00) CITY OF ST. ANTHONY Petition for Variance Applicant: W; I L LAQ r w.a.,J Address: Z� 33 Phone: S"-i - aSSs W) Status of applicant (owner, buyer, renter, agent, etc.): D w"ig X, Street address and/or legal description of property petitioned for variance- be,ue ( Lor 1 , g 4juc.1 , AiAu.,0Sb-r S +o r) no,J) Zoning district in which property is located: S;. &j,w')Y Request: PP-ow, Aa - S�; r 7o A-(.ww cA fj�T2uc,-1-)o 1-) _1— A- R)ec o i)a r . 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. 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. 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. Signature of Applicant 06=21 =96A - *60 ° OOC� . ain thon ills e Administrative Offices 3301.Silver Lake Road, St. Anthony, Minnesota 55418-1699 (612) 789-8881. FAX (612) 781-9323 June 19, 1996 C. William and Susan C. Lutterman 3433 Croft Drive St. Anthony, MN 55418 Dear Mr. and Mrs. Lutterman: This letter is being sent to remind you that the City cannot process your application for a variance that you submitted on June 13, 1996 until we receive the application fee of $60.00. If you have any further questions or concerns, please feel free to call me at City Hall, 789- 8881. Sincerely, Kim oore-Sykes, Management Assistant City of St. Anthony enc. June 11, 1996 Planning Commission City Of St. Anthony 3301 Silver Lake Road St. Anthony, Minnesota 55418 Dear Commissioners: As owners of the property located at 3433 Croft Drive, St. Anthony, we are requesting a variance from the rear set back described in the Zoning Code in order to construct a porch and deck on the rear of the dwelling. Because the house is located on a corner (S.E. corner of Croft and Downers), the set backs have restricted placement of the dwelling so as to preclude any additional structure without issuance of a variance to the Zoning Code (see attached certificate of survey). The depth of the lot is 90 feet, and the rear yard is 25 feet. Strict enforcement of the Zoning Code in this case will cause undue hardship because it will be impossible for us to improve the property in a usable way. We purchased the house in November of 1992, and have had no control over the design or placement of the dwelling. A porch and deck addition such as we propose is in appropriate porportion to the size of the house (see attached drawing) and compares favorably to others in the surrounding neighborhood (see attached elevations). When the project is complete, the resulting dwelling including the porch and deck will occupy 2861 square feet of a total property square footage of 11 , 586. This is 24.7% of the total area--well below the 35% maximum. The project is planned for completion in two phases. Phase one, to be completed in the summer of 1996, includes the porch foundation and decking, the contiguous deck, and appropriate landscaping. Phase two is scheduled for completion in summer of 1997 and includes finishing of the walls and roof structure of the porch itself. Both phases will be completed within the limitation of the granted variance. We believe that granting a variance in this situation is in keeping with the spirit and intent of the Zoning Code, and we appreciate your consideration in this matter. Yours JTruly, L• VIM C. Willaim Lutterman Susan C. Lutterman 1 S �,L� smo 3 vv Ov, -rte' —� EC;AN ; FIELD & N OWAK _ — SURVEYORS 2SZ3 HARRIET AV E. E F MINNEAPOLIS, MINNESOTA EStAfa. 1t)t ' CERTIFICATE OF SURVEY f For ANDY GAVIEL 35TH AVE-N-UE M . Iron, ----- 30 i T, I I ` 'YOfl 23.0 � r ' No.360D CZ_ I / 12.33 Gr0P05 co co f 12.0 i LL. I SCALE : 1" 30' CY 1' 23.33 30 - /ran ...... 90.0 Iron —30 81d9.No. 3429 T DESCRIPTION : Lot 1, Block 1, AMUNDSEN I S ADDITION . We hereby certify that this is a true and correct represent`at ! on of a survey of the . boundaries of the land above described and of the location of all buildings, i.f .any, thereon, and - all visible encroachments, if any, from or on said land. Doted this 11th day of November ,1971 EGAN, L Surveyo p F i I e No 2001 Book No 1937 - 43 bY� V !-,.., .1 �_�"< <i .'.��► ��f�.1 J E f J t'-4\ 11 N Q 9, 10 , �11 24 ,' 10" b 30' 011 2.3' 910 -9 a s fi a G n a jjaL- .S x F � 3 a s4vk+aws z��� , o n 3010 Q Ir c oar N �("._,1 �• � • r i it N /�� Vj ,.O DIq DWELLING 22'l 1 2'9 1'6 1' 1'2 5" 1'11 = IT 1'4 1'4 1'4 1'4 1'4 1'4 1'4 1'4 . 1'4 '4 1'4 7" �v 1'8 19.1711 10"6' 1 zo s `�s ez �J Iii e�rs����5 --_ 1'4 ti LO LI LI LI 1'1 v - o0 r` LO D14 `-° M M fining Roo m C oor Kitche i door 11118" 18 1'4 1'4 1'4 1'4 1'4 1'4 1'4 1'4 1'4 1'4 1'4 9" 1'4 1'4 1'4 22'11 ,I M � � ��; � ;� I i i i , � � �j, � ,i i /� �� g�� srz is�a—y—z�..i i sac T`7 F—"'—T"T--- .n u 1:111 (D --J N 0 ® Y J g i V Po PC, y 9 .ai srt oiz II u as II s uz o�. II III- �e sr uc 1 iai 1 �u�sr 4 .ai 4 ui --.I uaa CITY OF ST. ANTHONY NOTICE OF PUBLIC HEARING VARIANCE PETITION TO WHOM IT MAY CONCERN: Notice is hereby given that the Planning Commission will hold a public hearing on Tuesday, July 16, 1996, at 7:05 P.M. or as soon thereafter as possible, in the Council Chambers of the City Hall, 3301 Silver Lake Road.(enter northeast corner) for the following purpose: Applicant: C. William & Susan Lutterman Property Address: 3433 Croft Drive Proposal: An 18 foot variance from the 25 foot rear yard set back required by Ordinance to allow construction of a porch and deck. 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 Management Assistant 789-8881. Auxiliary aids are available upon request at least 96 hours in advance. Please call the City Clerk at 789-8881 to,make arrangements. Kim Moore-Sykes Management Assistant Publish: St. Anthony Bulletin July 3, 1996 Setback variance Ross Naegele James Stephens 3425 Downers Drive 3501 Downers Drive for 3433 Croft Drive St. Anthony, MN 55418 St. Anthony, MN 55418 Michael Ptak Jim & Lois Croft Alan Schmolze 3505 Downers Drive 3509 Downers Drive 3601 Downers Drive St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 John Goodsell Mark Shadduck Owner 3605 Downers Drive 3609 Downers Drive 3608 Downers Drive St. Anthony, MN 5541.8 St. Anthony, MN 55418 St. Anthony, MN 55418 Marie Micheloff Chris Schlegel Mark Benidt 3604 Downers Drive 3600 Downers Drive 3428 Downers Drive St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 David Breeden James Eben Everett Hansen 3424 Downers Drive 3424 Croft Drive 3420 Croft Drive St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 John Flagg Shawn Sorenson Kenneth Young 3416 Croft Drive 3412 Croft Drive 3429 Croft Drive ,St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 James Lipa Mark.Casey Ray Sandford 3425 Croft Drive 3421 Croft Drive 3428 Highcrest Road St'. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Ralph Amundson John Mondati 3424 Highcrest Road . 3420 Highcrest Road St. Anthony, MN 55418 St. Anthony, MN 55418 AFFIDAVIT OF MAILING I, C� hereby certify that I placed the attached Notice of Hearing for in the U.S. Mail on the below specified date. Date: Signature: i (o Ct LP � 3 AFFIDAVIT OF MAILING I, hereby certify that I placed the attached Notice of Hearing for 3,q3 :3 ZttkA,4� in the U.S. Mail on the below specified date. Date: z S, ! R ote Signature: &-X� l� C1 to Ct L9 STAFF REPORT DATE: July 16, 1996 TO: Planning Commission Members FROM: Kim Moore-Sykes, Management Assistant ITEM: Proposed Attached Garage Addition - Mr. & Mrs. Bill Hedberg Larry met with Mr. and Mrs. Hedberg regarding a garage addition and they have not submitted anything more than what is currently in this packet. It appears from the .drawing that they left with Larry that they will need to have a variance for five feet on the side yard of their proposed addition. Based on the figures from the drawing, they will continue to meet the lot coverage requirement with the addition. Mr. and Mrs. Hedberg were informed of the meeting date and time. They indicated they would attend. • 25oq 3o'" AVE Ivz tNT tk-0 t.J y L VIA ti -744 f 13725 I i lv - i I t ' 33G.(, sF j � t�, 6 ARAr.0 I � i I ��QofoSe hocaS� Z4 P Ro P05--0 b 2y'� 5�� �e-cac Arr�nc�D � GtiRA�oE � ' DRwF-VA-f 20 u ,35.� r � 3� ` i i •. 1 I I {At cAcke& -�v ekLs�i con e r - ��^.L(LY-�I;?S C,�.& .r�'T"r-�.C�.D '�'C7 ✓��1.J�':�-i/� - 1`� k. r.� r Q. V�-t �_ SAY V._(��'uw 1 vU�v�. ` •v,.'..`; uh0�c�S e.Y.L. S� rle-( W oc>r L(.) 1 ,� vcc c_ Y STAFF REPORT DATE: July 16, 1996 TO: Planning Commission Members FROM: Kim Moore-Sykes, Management Assistant ITEM: St. Anthony Health Care Center Addition Staff met with Mike Miller and his architects on July 9th to go over his plans for the proposed addition. . He is planning to come before the Planning Commission on August 20, 1996 for consideration of a conditional use permit and variance requests. The variance requests that he may need are as follows: 1. Parking in the Setback. Mr. Miller will need a 15 foot variance to park in the setbacks at Foss Road and Chandler Drive. The Ordinance requires a 30 foot setback when the sideyard is adjacent to a public right-of-way. Larry Hamer indicated that the curb cuts are far enough from both corners so allowing parking in these setbacks would not obstruct the view for motorists using both roadways. 2. Lot Coverage. The City Ordinance calls for a maximum of 50% lot coverage for R-4. The proposed addition and the required increase in parking will cause lot coverage to increase to 56%. 3. Rear Yard Setback Variance. Because of the close proximity of the existing St. Anthony Health Care Center and Chandler Place, the addition will require a 25 foot variance in the rear yard. The Ordinance requires a.rear yard setback of 40 feet. 4. Side Yard Setback Variance. The SW corner of the proposed addition requires a variance of seven feet. The Ordinance requires a.15 foot setback for each side. Bill Soth will also be copied on the application information for his review and comment. Mr. Miller is scheduling a neighborhood meeting at Chandler Place for July 15. chndlnmem STAFF REPORT DATE: July 16, 1996 TO: Planning Commission Members FROM: Kim Moore-Sykes, Management Assistant ITEM: Replacement.of Bridge on Silver Lake Road, North of County Road D Attached is a letter from Ramsey County regarding planned renovations of the bridge over the railroad tracks on Silver Lake Road. The Council asked that it get passed on to the Planning Commission for your consideration regarding any landscapping ideas for the area. It appears that the County is also planning to rehabilitate the surface of Silver Lake Road from County Road D to Silver Lane. The Council is interested in hearing from the Commission about any ideas you have for "streetscaping", which might include lighting, decorative sidewalk surfaces, plantings for the median, etc. I can take back any ideas that you have to the Council or if the Commission prefers, the designated Commissioner Representative to the next Council Meeting can present your ideas and suggestions. Department of Public Works Paul L.Kirkwold,P.E.,Director and County Engineer ENGINEERING/OPERATIONS ADMINISTRATION&AND SURVEY 3377 N.Rice Street 50 West Kellogg Blvd.,Suite 910 Shoreview,MN 55126 RAMSEY COUNTY St.Paul,MN 55102• (612)266-2600•Fax 266-2615 (612)484-9104 • Fax 482-5232 June . 13, 1996 Mr. Mike Mornson City of St . Anthony 33O1. Silver Lake Road St . Anthony, Mn. 55418 Re : Replacement of bridges over C.P. Rail System track on Silver Lake Road just North of County Road D Dear Mr. Mornson, In accordance with your request for additional information in regards to the extent of the referenced project and to the level of involvement requested. of the city on this project, I offer the following: The principal goal of this project is. to replace the existing bridges with a new structure . The bridges, particularly the bridge under the north bound lanes, are rapidly deteriorating and it is evident that they will not be able to continue carrying the existing traffic loads in the not too distant future . In order to fit the new bridge into the .site it will be necessary to totally reconstruct portions .of the roadway immediately adjacent to the bridges . For aesthetic reasons as well as addressing certain maintenance deficiencies, the balance of the roadway between County Road D and Silver Lane will be rehabilitated. Rehabilitation will consist of milling and overlaying the cracked and uneven bituminous surfacing, replacing deteriorated catchbasins and. curb & gutter segments and replacing the bituminous surfacing within the medians and islands. with a concrete surfacing. Some turn lanes will be lengthened to better accommodate the volumes of turning vehicles. Replacing existing signal systems and/or adding additional lanes are not being proposed. As to the level of involvement of the- City on this project, the City is certainly free to select its own level of involvement . Minnesota statutes require city approval on any County State-Aid or Federal-Aid funded project which is constructed within the boundaries of a city. Consequently, the lowest possible level of involvement for the City would be to simply concur with and approve the County' s proposed project . This would require minimum City staff time, there would be no project costs incurred by the City and the City would be supporting the County in completing the project in a timely manner. Minnesota's First Home Rule County printed on recycled paper with a minimum of 10%post-consumer content A medium or moderate level of involvement would occur if the City decided to add some of its own items of work to the contract . Typical examples of this would be replacing aging or inadequate sewer and water lines, adding more hydrants for fire protection or adding a new sidewalk along the east side of the project . The City would be responsible for the costs of their improvements . However, the County would.provide some cost sharing on related items of work. An example of this would be; A new sidewalk on the east side may likely require a retaining wall along the steep slopes near the apartment complex to the north of the bridges . As the sidewalk work was included in the County' s ` . project, the County would share in the cost of the retaining wall in accordance with the County' s Cost Participation Policy (copy Provided) . Public contacts, plans ands specifications and hearings required of the City portions of work would be included and supported in the County' s similar tasks . A high level of involvement would occur if the City decided to do a "streetscaping" project along with the County' s bridge replacement and rehabilitation project . Streetscaping may include items such as Decorative surfacing on sidewalks and median surfaces, decorative lighting, landscaping, City signs or logos on or adjacent to the new bridge. Several Cities have been taking advantage of this approach under County projects . Some Cities. have combined efforts with adjacent businesses on streetscaping projects as a method of stimulating additional economic development . City costs would be significant for this level but there would •be cost sharing available on some of the items. Public and business. contacts -could be accomplished along with the County' s public involvement and items of work would be accomplished under the County' s contract . In closing, I would repeat that the level of City involvement is pretty much what the City would like it to be. The County simply asks that the level of involvement by the City be such that they are comfortable with the fact that there are no remaining unresolved issues at the time the County requests City approval . I look forward to presenting this project to the St . Anthony City Council on the evening of July 9th. If you would like additional information before that time, please feel free to contact me at 482-5206 . Yours truly, Z. David L. Rholl, P.E. Design Engineer Fyn June 27, 1996 Mike Mornson, City Manager City of St. Anthony Re: Verkins Addition Lots 2-5 My property adjacent to Highway 88 has been listed for sale as two multiple dwelling homes and two lots in R1 zoning since July 5, 1995, nearly completing a year. I have just sold my home at 3220-29th Ave. and am planning to relocate to Phoenix, AZ by mid-August. I would like to sell all of the property before I leave. I have been presented a purchase agreement for the four lots and two multiple dwelling homes in question to be used for new construction of twin or town homes for resale. My concern is regarding acceptance of this proposed use of the property and the posture of the City Planning and Council members. The closure of this purchase agreement is contingent on acceptance of the proposed new use. Due to the year long dilemma of trying to sell multiple dwelling homes on single-family zoned property, this new purchase agreement looks like a viable solution and would like to request that you present this concept to the Council members. I'm confident the new buyer will present beautiful proposed homes and the end result will be an asset to the community.. Thank you for your consideration. My daughter, Meryl Verkins will follow up on this letter to learn what steps need to be taken by me or the proposed buyer. r Mildred Verkins 3220-29th Ave. N.E., St. Anthony . i rO f�cJ 5 e r f �J 3 L�lm5c'llpe 13c"G/C -/ard -l5 Cr�o V) . �V) W wltvk)O(,J WeI16 77&- Sl �� ►-1 IS eh����� �iouf� JL 70L9 - a s � l • - ----{- 2b�a -- ------ ----- ------ , PRNA'IFOfdvE Et I r a� I ?P d i IFF I I I I� I I I 20. v CD I I�24,��P.l I I I R I R f / 7 I D �z Ct - - CENTERLINE OF FORDHAM AVE -- - - — WN co Z<D I CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 JUNE 10, 1996 4 I. CALL TO ORDER/ROLL CALL. 5 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by Mayor 6 Ranallo. 7 II. ROLL CALL. 8 Councilmembers Present: Ranallo, Marks and Faust. 9 Also Present: City Manager Michael Mornson. 10 Councilmembers Absent: Enrooth and Wagner. Mayor Ranallo noted Councilmember Enrooth 11 was on vacation and Councilmember Wagner was recovering from bypass surgery and is doing 12 well. 13 III. APPROVAL OF JUNE 10, 1996 COUNCIL AGENDA. 14 Motion by Marks, second by Faust to approve the June 10, 1996 Council Agenda as presented. 15 Motion carried unanimously. 16 IV. APPROVAL OF MAY 28, 1996 COUNCIL MINUTES. 17 Motion by Faust, second by Marks to approve the May 28, 1996 Council minutes as presented. - 18 Motion carried unanimously. 19 V. LICENSES/PERMITS/PETITIONS. 20 Motion by Marks, second by Faust to approve the following licenses: 21 Multiple Dwelling License: 22 2808 Silver Lane N.E., Equinox Apartments/Renewal 23 3804 Highcrest Road, Lakehill Apartments/Renewal 24 3721 Chandler Drive, Cameron Properties/Renewal 25 2626 Kenzie Terrace, Walker on Kenzie/Renewal 26 Contractors License: 27 Veit& Company,Inc., Rogers, MN/Demolition of Apache Plaza 28 Ray's Lawn Service & Landscaping, Moundsview, MN/General Tree Trimming 29 Card Construction, Mendota Heights, MN/working at 2855 Anthony Lane S. 30 Rainbow Treecare, St. Louis Park, MN/General Tree Trimming 31 OPUS Corporation, Minnetonka, MN/working at Apache Plaza 32 Pine Cone Nursery, Coon Rapids, MN/Renewal 33 34 Motion carried unanimously. 35 VI. PRESENTATION OF CLAIMS. 36 Motion by Marks, second by Faust to approve the following claims: City Council Regular Meeting Minutes June 10, 1996 Page 2 1 A. Foster, Ojile. Wentzell &Brever in the amount of$2,600.00 for professional services 2 rendered the month of June 1996. 3 Motion carried unanimously. 4 Motion by Marks, second by Faust to approve the following claims: 5 B. 4 pages of Verified Claims as presented by the Finance Director. 6 Motion carried unanimously. 7 VII. REPORTS. 8 Mayor Ranallo recognized Liquor Store Operations Manager Don Perry and his wife Jean. Perry 9 had been employed by the City of St. Anthony for three years and is moving to Wisconsin where 10 his wife has accepted a new position. Mayor Ranallo presented Perry with a plaque of 11 appreciation for his service and noted the work he had done with the Chamber of Commerce and 12 Apache Plaza Merchants Association. Mayor Ranallo thanked Perry and stated he would be 13 missed. 14 Perry thanked Mayor Ranallo for the plaque and stated he had-enjoyed working in St. Anthony. 15 He noted if it weren't for other reasons he would be working here for many years. 16 17 A. Presentation of Donation to Police and Fire Departments. 18 Mayor Ranallo introduced Commander Larry Schwelbe and Ed Linquist of the Tri-City 19 Post 513 who were present this evening to make a contribution of$5,000.00 to the police 20 department and$5,000.00 to the fire department. He thanked the Post for coming 21 forward and making the contribution to the community. 22 Commander Schwelbe presented Police Chief Engstrom and Fire Chief Johnson with a 23 check in the amount of$10,000.00. 24 . Police Chief Engstrom thanked the Tri-City Post 513 and noted the funds would be used 25 toward the startup costs to institute a bike patrol in the City of St. Anthony. 26 Fire Chief Johnson thanked the Tri-City Post 513 and explained the funds would be used 27 to upgrade their audio-visual equipment including TV, VCR, and cart and a new 28 computer system. He expressed how appreciated unsolicited donations were as they 29 allow the department to better themselves. 30 Motion by Marks, second by Faust to accept the contribution from the Tri-City Post 513 31 in the amount of$10,000.00. 32 33 Motion carried unanimously. City Council Regular Meeting Minutes June 10, 1996 Page 3 1 Mayor Ranallo asked when the bike patrol would be instituted. Police Chief Engstrom 2 explained two officers have attended the preliminary school. $1,500.00 of the 3 contribution will be used to purchase two mountain bikes and equipment. Four officers 4 will then be trained to patrol the parks and neighborhoods. He reported there has been 5 positive response in other communities where this program has been instituted and it will 6 enhance the Community Oriented Policing program. 7 B. Councilmembers. 8 Councilmember Faust reported he would be serving on a Task Force for property tax 9 reform as a part of the League of Minnesota Cities Improving the Fiscal Future of Cities 10 Program. 11 Councilmember Marks reported his attendance at a meeting of the St. Anthony Sister 12 City Committee. He noted arrangements are being made for Telle's visit on July 19, 13 1996 and the Committee is working to finish arrangements for the Teacher Exchange 14 Program. Marks distributed minutes of the last three meeting to Councilmembers. 15 Marks also reported Demetrius Jelatis, former Mayor of Red Wing, had passed away. 16 17 C. Mayor. 18 Mayor Ranallo reported the Open House for the Arnie Gregory project which was 19 originally scheduled for June 18, 1996, had been rescheduled for June 11, 1996. He 20 noted he would be unable to attend. 21 D. Ci , Manager. 22 City Manager Mornson reported the City had received 46 applications for the position of 23 Liquor Store Operations Manager. He stated he hoped to interview the finalists next 24 week and have a decision by June 20th or 21 st. 25 Mornson reported the ground breaking ceremony for the CUB Food Store is scheduled 26 for August 1, 1996 from 5:00 to 7:00 P.M. He stated he had met with the Chamber of 27 Commerce President Bob Foster and the Chamber will do the coordination including 28 food, flyers, etc. 29 Mornson reported the County Engineer will be present at the July 9, 1996 City Council 30 meeting to discuss the bridge project and also the overlay proposed for Silver Lane. 31 VIII. PUBLIC HEARING -None. 32 IX. NEW BUSINESS 33 A. Resolution 96-042, re: Issuance and Sale of$1.720.000.00 General Obligation Taxable 34 Tax Increment Bonds. City Council Regular Meeting Minutes June 10, 1996 Page 4 1 Mr. Bob Thistle, Springsted, explained they had gone to market today on behalf of the 2 City of St. Anthony for the issuance of$1,770,000.00 General Obligation Taxable Tax 3 Increment Bonds, Series 1996A. He reported Moody's Investors Service had reaffirmed 4 the City's Al rating. Moody's comments.regarding the fiscal status of St. Anthony 5 included: Excellent location providing easy access to numerous areas; Tax levies are 6 limited to sources of debt service support; and The unreserved general fund balance 7 continues to be above 30%allowing the City to fund its cash flow internally as well as 8 meet 100% of budget needs. 9 Mr. Thistle explained four bids were received today. The low bid was received from 10 Cronin& Company, Incorporated in conjunction with Smith Barney and FBS Investment 11 Services, Inc. at 7.8635%. He noted the interest rate was slightly higher than was 12 anticipated four weeks ago. He explained the key reasons were that there had been very 13 little tax increment taxable debt in the market and the markets were unstable on Friday 14 and today primarily because of the anticipated unemployment rates. 15 Mr. Thistle explained the bond issue will be reduced to $1,720,000.00, which with this 16 interest rate, will allow all the bond payments to be made from the tax increment 17 revenues. He explained the City would receive their final resolution from bond counsel 18 tomorrow. This results in the City contributing a larger portion of funds up front. 19 Mr. Thistle stated it is the recommendation of Springsted that the City accept the low bid 20 of 7.8635% from Cronin& Company, Incorporated. 21 Mornson noted the City's portion of approximately $133,000.00 would be funded from 22 the $300,000.00 the City has set aside and the 10%administrative fee. 23 Motion by Marks, second by Faust to approve Resolution 96-042, relating to 24 $1,720,000.00 General Obligation Taxable Tax Increment Bonds, Series 1996A; 25 authorizing the issuance, awarding the sale to Cronin& Company, Incorporated in 26 conjunction with Smith Barney and FBS Investment Services, Inc. at 7.8635%, fixing the 27 form and details, and providing for the execution and delivery thereof and the security 28 thereof. 29 Motion carried unanimously. 30 B. Resolution 96-037. re: Order Report on Street Improvement Project for 1997. 31 Mayor Ranallo suggested Public Works analyze the cost per mile of street projects in the 32 City and determine how the cost has changed over time. 33 34 Motion by Faust, second by Marks to approve Resolution 96-037, regarding ordering 35 preparation of report on improvements to the following streets: Roosevelt Street, from City Council Regular Meeting Minutes June 10, 1996 Page 5 1 35th Avneue NE to 37th Avenue NE; and, 35th Avenue NE, from Stinson Boulevard to 2 Harding Street NE. 3'- Motion carried unanimously. 4 C. Consideration of Ramsey County's Proposed Changes to the Supplemental Agreement 5 for Signal Lights on Silver Lake Road and 39th Avenue N.E. 6 Mornson explained this upgrade would result in a net savings in maintenance and 7 electrical of 40%. 8 Motion by Marks, second by Faust to approve the change in agreement between the City 9 of St. Anthony and Ramsey County in regards to the traffic signal heads at Silver Lake 10 Road and 39th Avenue. 11 Motion carried unanimously. 12 D. Ordinance 1996-004, re: Ordinance Reading ( 1 st Reading,). 13 Mayor Ranallo explained this change was in response to changes made by the Legislature 14 and would only affect rezoning requests. 15. 16 Motion by Marks, second by Faust to approve the 1 st reading of Ordinance 1996-004, 17 relating to ordinance readings, amending Section 200.06, Subd. 1 of the 1993 St. 18 Anthony Code of Ordinances. 19 Motion carried unanimously. 20 E. Consideration of the Memorandum of Understanding re ag rding the City Conducting the 21 1996 School Board Election. 22 Motion by Marks, second by Enrooth to approve the Memorandum of Understanding 23 which outlines the conduct of the election and specifies an amount of$250.00 per 24 precinct($750.00 total) as the School's reimbursement to the City. 25 Motion carried unanimously. 26 F. Review and Consider Options for Food Service at the Stonehouse. 27 Mornson explained the City changed cooks at the Stonehouse last year to Ernie's 28 Catering Service. The first year of the contract,the City was to share net profits with Mr. 29 Swanson. The second to fifth year Mr. Swanson would be paid 9% of the gross whether 30 or not a profit is made on the food. Based on the first year, the City would have paid Mr. 31 Swanson approximately $1,100.00 per month resulting in a $13,200.00 loss. Mornson 32 explained Mr. Swanson is open to negotiations. Mr. Swanson has submitted a proposal 33 to rent the kitchen. Mornson explained he would like to have the new Liquor Store City Council Regular Meeting Minutes June 10, 1996 Page 6 1 Manager monitor the arrangements for six months and determine the best solution in 2 January of 1997. 3 Mayor Ranallo stated he felt it was imperative to retain the 90 day termination clause. 4 There was Council direction to staff to continue negotiations for a rental arrangement 5 with Ernie's Catering Service retaining the 90 day termination option. 6 7 X. UNFINISHED BUSINESS. 8 C. Ordinance 1996-003. re: Political Signs ,2nd Reading 9 Motion by Faust, second by Ranallo to approve the 2nd reading of Ordinance 1996-003, 10 relating to political signs, amending Section 1400:08 of the St. Anthony 1993 Code of 11 Ordinances. 12 13 Motion carried unanimously. 14 Marks noted the crosswalks were in need of repainting. 15 XI. ADJOURNMENT. 16 Motion by Marks, second by Faust to adjourn the meeting at 7:44 P.M. 17 Motion carried unanimously. 18 Respectfully submitted, 19 Lorri Kopischke 20 Timesaver Off Site Secretarial 21 22 Mayor 23 ATTEST: 24 City Clerk p I CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 JUNE 25, 1996 4 I. CALL TO ORDER/ROLL CALL. 5 The meeting was called to order at 7:00 P.M.'followed by the Pledge of Allegiance led by Mayor 6 Ranallo. 7 II. ROLL CALL. 8 Councilmembers Present: Ranallo, Enrooth, Wagner and Faust. 9 Also Present: City Manager Michael Morrison and City Attorney William Soth. 10 Councilmembers Absent: Marks. 11 III. APPROVAL OF JUNE 25, 1996 COUNCIL AGENDA. 12 Motion by Enrooth, second by Wagner to approve the June 25, 1996 Council Agenda as 13 presented. 14 Motion carried unanimously. 15 IV. APPROVAL OF JUNE 10, 1996 COUNCIL MINUTES. 16 Motion by Faust, second by Enrooth to approve the June 10, 1996 Council minutes as presented. 17 Motion carried unanimously. 18 V. LICENSES/PERMITS/PETITIONS. 19 Motion by Enrooth, second by Wagner to approve the following licenses: 20 Heating License: 21 Suburban Air Conditioning, Minneapolis, MN/Renewal 22 Owens Services Corporation, Bloomington, MN/Renewal 23 Dependable Indoor Air Quality Inc., Coon Rapids, MN/Renewal 24 Standard Heating & Air Conditioning Company, Minneapolis, MN/Renewal 25 Vogt Heating & Air Conditioning, St. Louis Park, MN/Renewal 26 Metropolitan Mechanical Contractors, Inc., Eden Prairie, MN/Renewal 27 Gilbert Mechanical Contractors, Inc., Edina, MN/Renewal 28 Centraire Incorporated, Eden Prairie, MN/Renewal 29 Equipment Supply Inc., St. Paul, MN/Renewal 30 P & H Services Company, Inc.,Brooklyn Center, MN/Renewal 31 Yale Incorporated, Bloomington, MN/Renewal 32 Sedgwick Heating & Air Conditioning, Minneapolis, MN/Renewal 33 Ray N. Welter Heating Company, Minneapolis, MN/Renewal 34 Superior Contractors, Inc., Minneapolis, MN/Renewal 35 Richmond& Sons Electric, Inc. Dba: Golden Valley Heating & Air Conditioning, 36 Crystal, MN/Renewal City Council Regular Meeting Minutes June 25, 1996 Page 2 1 Temporary 3.2 Beer Park Permit: 2 Central Park, July 4, 1996/Orloski Family Picnic 3 Motion carried unanimously. 4 VI. PRESENTATION OF CLAIMS. 5 Motion by Wagner, second by Enrooth to approve the following claims: 6 A. American Bank in the amount of$10,016.25 for registered interest, in the amount of 7 $13,935.00 for registered interest, and in the amount of$22,657.50 for registered interest. 8 B. Rieke Carroll Muller. Inc. in the amount of$2,800.00 for professional services rendered 9 May 1, 1996 to May 31, 1996. 10 C. 4 pages of Verified Claims as presented by the Finance Director. 11 Councilmember Enrooth questioned check#2491 to Zaworksi in the amount of$15.00. City 12 Manager Mornson stated he would investigate. 13 14 Motion carried unanimously. 15 VII. REPORTS. 16 A. Planning Commission June 18, 1996. 17 1. St. Anthony Unocal 76 Service Station: 18 a. Conditional Use Permit 19 Planning Commissioner Bergstrom was present at the meeting to report on three requests 20 made by Mr. Roger Bona, owner of the Unocal 76 Service Station, 28122-27th Avenue 21 NE. The Planning Commission held a public hearing on June 18, 1996, to consider a 22 conditional use permit request to allow Mr. Bona to build an addition to his existing 23 service station to increase the number of repair bays. The proposed expansion is 5,613 24 square feet and requires an additional 19 parking spaces. Mr. Bona is proposing to install 25 21 parking spaces on site and to construct 14 additional parking spaces on an adjacent 26 piece of property that he recently purchased. The Planning Commission had met with 27 Mr. Bona and his architect in May for a concept review of the proposal. Staff 28 recommended approval of the conditional use permit based on the following three 29 conditions: 30 1. The parking areas must have striping for all the proposed parking spaces. 31 2. No more than 10 cars stored on the site for no more than 48 hours. This.would 32 also include the parking area across the alley from the business. 33 3. Change the property address to reflect the business frontage on Kenzie Terrace. 34 Bergstrom reported that just prior to the Planning Commission meeting on June 18, 1996, 35 he was presented with a petition signed by fifteen residents in the neighborhood 36 requesting that the present shrub plantings in the berm on 27th Avenue be removed and City Council Regular Meeting Minutes June 25, 1996 Page 3 1 replaced with Evergreens or Juniper trees planted 4 to 5 feet apart. The intent would be 2 to provide a visual screen and also muffle the noise of the service station. Management 3 Assistant Moore-Sykes had noted that historically the City had owned the property where 4' the berm was located and had done the planting. The property has since been turned over 5 to Mr. Bona with the understanding that he would maintain it. Mr. Bona had estimated it 6 would cost$1,000.00 to remove the existing plantings and replace them with Evergreen 7 trees. 8 Bergstrom reported the Planning Commission discussed the difficulty of enforcing Staff 9 condition#2 regarding the storage of cars on site. They also discussed hours of operation 10 of the service station. Mr. Bona stated he had no intention of changing the hours of 11 operation. Mrs. Beverly Stafford, resident, testified at the public hearing that she likes _.. 12 the service station, enjoys the traffic and hearing the engines wind up. 13 Bergstrom stated the Planning Commission is recommending City Council approval of 14 the conditional use permit based on the following conditions: 15 1. The parking areas must have striping for all the proposed parking spaces. 16 2. No vehicles may be stored on-site to be specifically used for the purpose of 17 extracting spare parts and/or on-site long-term storage. 18 3. Change the property address to reflect business frontage on Kenzie Terrace. 19 4. Consideration of incorporating the use of Evergreen landscaping on a consensus 20 basis of the parties of Mr. Bona, the neighbors who have submitted a petition and 21 the City of St. Anthony. 22 Bergstrom added that based on his personal experience, Mr. Bona is an exemplary 23 business citizen of the community. 24 Councilmember Faust asked if residents adjacent to or abutting the property had testified 25 at the public hearing. Bergstrom stated there were no residents opposed to the expansion. 26 The only request was for the Evergreen plantings. 27 Mayor Ranallo questioned the definition of"long-term" in regard to car storage. 28 Bergstrom explained the intent was to prevent cars from being stored on the site for the 29 purpose of stripping them for parts. 30 Mr. Roger Bona stated the current restriction for car storage is no more than 10 to 14 days 31 and that has been comfortable. Any less than that could be harmful to his business. City Council Regular Meeting Minutes June 25, 1996 Page 4 1 Mr. Steve Burnt, Attorney representing Mr. Bona, stated this issue had been discussed at 2 the City Council meeting in 1993 and the result was that no restrictions were placed on 3 the storage of vehicles except that cars would not be kept on site to use for parts. 4 City Manager Mornson noted currently the restriction is that inoperable vehicles may not 5 be stored on the site for more than two weeks. 6 ,There was Council consensus that inoperable vehicles may not be stored on the site for 7 more than two weeks. 8 Mayor Ranallo questioned who would be doing the Evergreen landscaping on the berm. 9 Mr. Dan Dege, Finn-Daniels Architects, stated he believed a possible solution would be 10 for Mr. Bona, a representative of the property owners who signed the petition and City 11 Staff to meet and discuss this issue. If an agreement can not be reached, the City can 12 make the final determination. He noted Mr. Bona is intending to plant five Blue or 13 Colorado Spruce trees of five feet in height in the berm area. 14 Mayor Ranallo noted it was not the City's role to be the intermediary in resolution.of this 15 issue. He asked Mr. Jadinak if he would be satisfied with the planting of five evergreens 16 in the berm. 17 Mr. John Jadinak, 2805-27th Avenue N.E., stated he would be satisfied as long as the 18 trees would block the view and would look better. He noted Mr. Bona does maintain the 19 property well. 20 Mr. Bona stated he would prefer not to pay for the Evergreen trees but if that would 21 resolve the issue he was agreeable. 22 Motion by Wagner, second by Enrooth to grant the conditional use permit for Roger 23 Bona, Unocal 76 Service Station, 2812 - 27th Avenue N.E. based on the following 24 conditions: 25 1. The parking areas must have striping for all the proposed parking spaces. 26 2. No inoperable vehicles may be stored on-site for longer than two weeks. 27 3. Change the property address to reflect business frontage on Kenzie Terrace. 28 4. The planting of at least 5 or 6 Evergreen trees of 5 to 6 feet in height in the berm 29 on 27th Avenue. 30 Motion carried unanimously. City Council Regular Meeting Minutes June 25, 1996 Page 5 1 b. Setback variance -parking 2 C. Setback variance - canopy 3 4 Commissioner Bergstrom reported that Mr. Bona is requesting a front yard setback 5 variance of 32 feet in order to construct a 20 x 24 foot canopy over an existing gas pump 6 island. 7 The Planning Commission is recommending City Council approval of the variance based 8 on its meeting the variance criteria as follows: 9 1. Strict enforcement would cause undue hardship not created by the landowner. 10 This is demonstrated by the public demand for canopies. Also the request is not 11 for pure economic gain. Moving the gas pump would result in the configuration t . 12 of the island restricting traffic and causing a safety issue. 13 2. Unique circumstances in that this is a redevelopment and expansion of an existing 14 property and the unique shape of the property. 15 3. Keeping in the spirit of the granting of previous variance requests for properties in 16 the area including Phillips 66 service station. 17 Motion by Faust, second by Enrooth to approve the front yard setback variance of 32 feet 18 for Roger Bona,Unocal 76 Service Station, 2812 - 27th Avenue N.E. based on the 19 findings of the Planning Commission. 20 Motion carried unanimously. 21 Commissioner Bergstrom reported Mr. Bona is also requesting a 10 foot variance to park 22 in the front yard parking setback along Kenzie Terrace. These parking areas would be 23 used only for temporary parking of cars scheduled for repair. 24 Mr. Dege, Finn-Daniels Architects, explained the request pertained to four stalls and was 25 necessary due to the shape of the property. It is not atypical of properties in the area to 26 have hard surface out to the sidewalk. He noted the landscaping of the property would be 27 enhanced by the addition of landscaping to the front of the site. 28 Faust asked how it would be physically ensured that cars would not park over onto the 29 sidewalk. Mr. Dege stated striping would be used for this purpose and that Service 30 Station personnel would be parking the vehicles in this area. 31 Commissioner Bergstrom stated the Planning Commission is recommending approval of 32 the 10 foot variance as it meets the variance criteria as follows: City Council Regular Meeting Minutes June 25, 1996 Page 6 1 1. Strict enforcement would cause undue hardship not created by the landowner due 2 to the unique configuration of the property. 3 2. Unique circumstances in that this is a redevelopment and expansion of an existing 4 property. 5 3. Keeping in the spirit of the granting of previous variance requests for properties in 6 the area including the Phillips 66 service station. 7 8 Motion by Enrooth, second by Wagner to approve the 10 foot variance to park in the 9 front yard parking setback along Kenzie Terrace based on the Planning Commission 10 recommendations and that it is supported by all parties involved. 11 Motion carried unanimously. 12 2. Housing Code Plan Update. 13 Commissioner Bergstrom explained that during the goal-setting retreat last winter,the 14 City Council charged the Planning Commission to review the City Code and processes 15 and make recommendations on how the City can improve residential housing. City Staff 16 provided the Commission with.a list of residential housing which had received multiple- 17 letters from the City and also copies of the letters which had been sent, so they could see 18 the nature of code violations,the relative number of residences so affected, and 19 personally view the houses. On May 21, 1996, the Planning Commission held a work 20 session along with the City Manager and City Public Works Director to discuss 21 observations, experiences, and concerns. 22 The consensus of the Planning Commission is that the City building and housing code do 23 not need to be rewritten. The issue which needs to be addressed is enforcement of the 24 existing codes. The chronic conditions of most concern to the Director of Public Works 25 generally included: 26 -Long term storage of large quantities of used construction materials 27 -Storage of unlicensed vehicles which were being stripped for parts 28 -Accumulation of miscellaneous"debris" in yards, including isolated auto parts 29 -Regular parking of vehicles on lawns, and 30 -Lack of housing maintenance, including structural problems. 31 Bergstrom reported the Planning Commission makes the following recommendations: 32 1. Specify deadlines for compliance in letters of violation. 33 2. Specify what actions the City will take if corrections are not made by the deadline. 34 3. Revise Section 1335.03, Subd. 21, to read"Debris" rather than"Refuse" and include 35 "auto parts". The Public Works Director indicates that the word"refuse" can be highly r J City Council-Regular Meeting Minutes June 25, 1996 Page 7 1 inflammatory to residents. The addition of"auto parts"would make the cleanup of 2 miscellaneous auto parts more enforceable. 3 4. Revise Section 1335.11 to include "used building and/or construction materials not to 4 be used at the residence". This would provide an unequivocal tool for prohibition and 5 enforcement of such storage. 6 5. Annual compilation/summary of complaints, violation notices by City Staff and 7 compliance with City notices. This would be useful for long term comparison, would aid 8 the City from being accused of being arbitrary and capricious, and could also serve as an 9 indicator. 10 6. Public education of City codes in the City newsletter. 11 7. Prepare a brief layman's summary of City code restrictions as they relate to residential 12 property. This could be included with the violation letter or given to new residents. 13 8-. Aggressively pursue purchase and redevelopment of substandard residential housing 14 by the Housing and Redevelopment Authority. 15 9. Create a City-sponsored residential improvement fund. 16 Faust asked if the City could charge the residents for City code violations that were not 17 corrected which the City had to correct themselves. 18 City Attorney Soth stated this cari be done only in hazardous situations specified by state 19 statutes. There must be a safety and health issue involved. The most effective way to 20 deal with code violations is the issuance of citations and prosecution. 21 Mayor Ranallo and Councilmembers thanked the Planning Commission for their efforts 22 and suggested the recommendations be given to City Manager and City Attorney for 23 implementation. 24 3. Request for Proposal for Comprehensive Plan. 25 Commissioner Bergstrom presented the Request for Proposal for Comprehensive Plan 26 and explained that the issues of water, sewer and transportation infrastructure took a 27 subordinate role as these systems were all in place. The four focus points are Residential 28 Redevelopment, Commercial/Industrial Redevelopment, Land Use/Zoning, and Emerging 29 and Other Issues. 30 Motion by Wagner, second by Enrooth to accept the Request for Proposal for 31 Comprehensive Plan and submit for bids. 32 Motion carried unanimously. 33 34 B. Councilmembers. 35 Wagner reported he was recovering well from bypass surgery and was happy to be back. City Council Regular Meeting Minutes June 25, 1996 Page 8 1 Faust reported his attendance at the League of Minnesota Cities Conference in Rochester. 2 He stated the sessions he attended were well presented and dynamic and contained a lot 3 of good ideas. 4 Enrooth reported the VillageFest Committee is meeting weekly and proceeding well. He 5 noted the Spring Clean-Up Report, reporting that the event broke even. 6 Wagner noted the Kiwanis will not be serving a pancake breakfast in conjunction with 7 VillageFest due to the lack of an available facility. They will however, be serving a 8 pancake breakfast in conjunction with the Salvation Army 75th Anniversary Celebration. 9 C. Mayor. 10 Mayor Ranallo had no report. 11 D. City Manager. 12 City Manager Morrison reported the City is working with the Exhaust Pro building 13 owners on an expansion which was approved when they initially moved into the mall. 14 This will include repairs of the parking lot, etc. 15 Morrison reported his attendance at a meeting with the architects and project manager of 16 the CUB Foods Store. They are planning to apply for the building permit on August 1, 17 1996, are anticipating approximately 28 weeks of construction, and feel the building and 18 roof will be erected by November 1, 1996. The grand opening is scheduled for March 1, 19 1997. 20 Morrison reported he offered the City's Liquor Operations Manager position to Mike 21 Larsen, Liquor Operations Manager for the City of Fridley. On Monday morning he 22 accepted the offer. He will start on July 15, 1996. The City is still working with First 23 Bank, Schoening Group, and OPUS on the SAV II relocation and are extremely close to 24 resolving the financial aspects. 25 Morrison reported the City will be closing on the CUB bond proceeds the end of July. 26 Mornson reported after two weeks of renovations of the Stonehouse parking lot by the 27 Public Works Department,there is now consideration of doing some type of 28 improvement to the entire parking lot. The City intends to ask Midwest Asphalt for a bid 29 for the improvements. 30 Morrison reported the Apache Wells' last day of business is Saturday, June 29, 1996. 31 Most of the equipment is going to the Stonehouse. There are three or four restaurant 32 auction houses who are interested in the equipment the Stonehouse does not need. The City Council Regular Meeting Minutes June 25, 1996 Page 9 1 process would be that the auction house would buy the equipment and then have a sale in 2 the building. 3 Mornson reminded Councilmembers there is no work session scheduled for July 2, 1996. 4 The next work sessions are scheduled for July 30, 1996 and August 6, 1996. Senator 5 Marty and Representative McGuire will be in attendance at the July 9, 1996 meeting to 6 provide a legislative update. The Ramsey County Engineers will also be in attendance to 7 discuss the County Road D bridge replacement project and RCM Engineer will provide a 8 feasibility report of the 1997 road project. 9 VIII. PUBLIC HEARING -None. 10 IX. NEW BUSINESS = 11 A. Resolution 96-038, re: Police Services for City of Falcon Heights. 12 Motion by Enrooth, second by Faust to approve Resolution 96-038,regarding approving 13 the Joint Powers Agreement for police services with the City of Falcon Heights and 14 authorizing the Mayor and City Manager to execute said agreement. 15 Motion carried unanimously. 16 B. Resolution 96-039, re: Police Services for City of Lauderdale. 17 Motion by Wagner, second by Enrooth to approve Resolution 96-039, regarding 18 -approving the Joint Powers Agreement for police services with the City of Lauderdale 19 and authorizing the Mayor and City Manager to execute said agreement. 20 Motion carried unanimously. 21 C. Resolution 96-043, re: Silver Lane Turn Back from Ramsey County to the City of St. 22 Anthony. 23 Motion by Faust, second by Ranallo to approve Resolution 96-043, regarding accepting 24 the transfer of jurisdiction of Silver Lane from Ramsey County to the City of St. 25 Anthony. 26 Motion carried unanimously. 27 D. Stonehouse Restaurant Food Service Contract. 28 Mornson reported that under the current food service contract at the Stonehouse the City 29 would be required as of July 1, 1996 to pay Ernie Swanson 9% of gross. Staff is 30 recommending changing to a rental agreement which would save $1,100.00 per month. 31 Enrooth asked if other food would be available when Ernie's was not operating. 32 Mornson stated it would not. City Council Regular Meeting Minutes June 25, 1996 Page 10 1 There was Council consensus that this issue should be the top priority of the new Liquor 2 Store Manager.. 3 Motion by Enrooth, second by Wagner to approve the new Operating Agreement between 4 the City of St. Anthony and Ernest Swanson Sr., doing business as Ernie's Catering 5 Service. 6 Motion carried unanimously. 7 E. Ordinance 1996-005. re: Conditional Uses(, 1 st Reading L 8 Motion by Faust, second by Enrooth to approve the 1 st reading of Ordinance 1996-005, 9 relating to permitted uses and permitted conditional uses in R1, Single Family; R1A, 10 Single Family Lake Shore; and C, General Commercial districts in Chapter 16 of the 11 1993 St. Anthony Code of Ordinances. 12 Motion carried unanimously. 13 F. Resolution 96-044. re: Adoption of Livable Communities Action Plan. 14 Momson reported this was the final step of the Metropolitan Livable Communities Act 15 which was initiated last fall. This is,a five year Action Plan which has to be adopted by 16 Resolution each year. 17 18 Motion by Faust, second by Enrooth to approve Resolution 96-044, regarding adopting a 19 five year Housing Plan for the City of St. Anthony. 20 Motion carried unanimously. 21 IX. UNFINISHED BUSINESS. 22 A. Ordinance 1996-004, re: Ordinance Reading (2nd Reading). 23 Motion by Enrooth, second by Wagner to approve the 2nd reading of Ordinance 1996- 24 004, relating to ordinance readings, amending Section 200.06, Subd. 1 of the 1993 St. 25 Anthony Code of Ordinances. 26 Motion carried unanimously. 27 28 B. Ordinance 1996-003, re: Political Signs 3rd Reading). 29 Motion by Wagner, second by Faust to approve the 3rd reading and adoption of 30 Ordinance 1996-003, relating to political signs, amending Section 1400:08 of the St. 31 Anthony 1993 Code of Ordinances. 32 33 Motion carried unanimously. City Council Regular Meeting Minutes June 25, 1996 Page 11 1 XI. ADJOURNMENT. 2 Motion by Enrooth, second by Wagner to adjourn the meeting at 8:15 P.M. 3 Motion carried unanimously. 4 Respectfully submitted, 5 Lorri Kopischke 6 TimeSaver Off Site Secretarial 7 8 Mayor 9 ATTEST: 10 City Clerk