HomeMy WebLinkAboutPL PACKET 08211984 Meeting Sheet
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Box: 15
Folder: PL PACKETS 1984
Document: PL PACKET 08211984
CITY OF ST. ANTHONY:
PLANNING COMMISSION AGENDA
August 21 , 1984
7:30 P.M.
1 . Call to Order.
2. Roll Call .
3. Minutes.
a. Planning Commission - July 17, 1984.
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4. Designate Commission Representative to the Council Meeting on August 28, 1984.
5. Old Business.
a. St. Anthony Townhomes - Sign Request.
6. Public Hearings.
a. 7:35 P.M. - Robbie Nelson, 3420 Harding Street - setback variance.
b. 7:45 P.M. - Northgate Motel , 2526 Hwy. 8 - parking and setback variances.
c. 8:00 P.M. - Elizabeth Johnson, 3601 Stinson Boulevard - lot split.
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d. 8:15 P.M. - Rapid Oil Change, 3301 - 37th Avenue N.E. - sign variance.
7. New Business.
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a. Sunset Cemetery. - Mausoleum Addition.
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i 8. Miscellaneous.
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a. Craig Morris Sign Status.
9. Adjournment—
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CITY OF ST. ANTHONY
PLANNING C014MISSION MINUTES'
• July 17 ,' 1984'
The meeting was called to order- at. 7 : 32 P .M. by Chairman .Zawislak.
- . - Present for roll ,call: : Bj.or:klund,.. :Zawislak, Hansen, -Wagner =and
Franzese.
Absent : Bowerman and Jones .
Also present: David Childs-, City Manager.
Prior to the motion to approve the minutes of the, Planning Commission' s
last meeting, there ensued a discussion. of the Commission's past
minutes . After pointing out how well the. minutes are written, the
Commission members noted- that. there were. several._places in the June
19th minutes where the- paraphrasing was not wrong, but, was not
100% accurate .
Motion by Commissioner Bj.orklund and seconded by Commissioner Wagner
to approve as submitted the minutes for the Planning- Commission meeting
held June 19 , 1984 .
Motion carried unanimously .
• Commissioner Franzese will report the. July 17th Commission minutes to
'the' Council at their Julyr'2'4'th meeting.
Chairman Zawislak explained -the procedure -which woul*&R-115e followed that
evening in conducting the public hearings listed on the agenda.
At 7 : 40 P.M. , the Chairman opened the hearing on the request from
Eugene and Patricia . DeKanick, 3109. Wilson Street N.E. ., for a variance
for a 3 foot sideyard setback , where a 5' foot setback is required-
by City Zoning Ordinance . Mr. DeKanick proposes to construct a 2 foot
X 13 ' 6" addition -to the south side of his home.
The Chairman read the notice of hearing which had been published
July 3rd and mailed to all property owners of record within 200 feet
of the subject property . Andrew Smoka, 26.07 Townview, indicated
he failed to receive the notice, however, the City Manager informed
him the City Ordinance provides the hearing is nevertheless valid,
especially, since Mr. Smoka was- present that evening.
The City Manager reviewed the DeKan-ick' s request-, noting the concept
review was held at the Commission' s last meeting, and then opened
discussion by the applicant and neighbors., some of whom had indicated
opposition to the DeKanick's proposal.
-- r r rv- , Mr-,s .--DeKarnick. proceeded to discuss -what -had•°transpired in her attempt
to find .the . definition of a bay.. A--bay would be allowed to: come with-
in 3 feet. of the property line under' Section 12 , Subd. 3.2 of the
• Zoning Ordinance: Mrs'. DeKanick -had first consulted her dictionary -
with little satisfaction. and then spoke with. a contractor. The con-
tractor indicated- the addition she desired to- construct was termed a
"bay" in his business . The contractor had contacted Mr.� Childs and
was told a variance was not- needed for construction of a bay. Mrs .
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DeKanick =checked the Hennepin County .Law Library in her pursuit of
the definition but to no avail . She then:- contacted the State of
Minnesota Building Code Department where - she was told to . refer to
a dictionary at the library. She went to the St. Anthony Library •
and proceeded to quote the definition of a bay to the Planning
Commission members .
The applicant indicated they have access to an 8 foot bay window or
would provide two 42 inch windows, which they propose to place
together. Mrs . . DeKanick had taken pictures throughout St. Anthony
of housing units which are closer together than what their proposal
calls for. She had obtained a picture of a similar house on 28th
and Coolidge, which she felt fits the definition of bay. The appli-
cants propose to construct a porch, with brick front, aluminum- facia
and completely stucco the structure. Mrs . DeKanick also presented
a picture which showed that the bushes in their yard were further out
than the proposed cantilever.
Commissioner Bjorklund went to the blackboard to draw a detailed
illustration of the proposed construction. The Commissioner questioned
whether the porch will align with the building. Mrs . DeKanick had
researched this and indicated the porch must be 5 feet off the property
line . It was felt an overhang over the porch is needed.
Again, the question of the interpretation of bay was discussed.. The
City Manager indicated neither the zoning ordinance nor the building
code defines the word "bay" or "bay window" . He perceives there is a
difference between the two , and that when "bay" or "bay window" as •
an ordinance definition comes to his mind, the DeKanick' s interpreta-
tion may be correct and if the Planning Commission interprets the
addition to be a bay , a variance wouldn't be necessary . This would
be true only if the bay is cantilevered and does not go to the ground.
Mr. E. B. Emerson, 2615 Townview, was present to speak for the
DeKanick ' s proposal . He stated he is a neighbor and close friend of
the applicants and also with other interested parties . He does not
feel the proposed structure would interfere with saleable property
or with access to property during an emergency . Mr . Emerson stressed
he does not believe the structure would be a detriment and emphasized
he wants peace and harmony in the neighborhood to prevail .
Mr. Harold Root, 3107 Wilson Street N.E. , was present to speak against
the DeKanick. request. Mr. Root feels the proposed 13� feet is an
addition and part of the building, therefore not a "bay" . He questioned
the dimensions shown on the plan and asked for a clarification. He
also stated his house is 7 feet away from the property line, however,
he said, his original plan was 10 feet. He wanted space between the
houses . He noted, however, that the Village. said no to his original
plan and -he had had to build according to their wishes because the
neighboring - lot was a corner lot. Mr. Root indicated there is a water-
shed between the properties which could possibly create a water
drainage problem on that side.. He feels the proposed structure would
be an infringement on his property and should not be closer than
5 ,feet from the property line. He added that he feels a 9 foot •
separation between roof .lines; is too close .
After Mr. .Root requested a clarification on .the- watershed:, .`.he
Planning: Commission's consensus was that they .did, not .feel t'Ze
drainage will change:. Commissioner. Bjorklund-:perceives that 'any
addition , with or -without a variance , would increase the runo' -f .
Commissioner Bjorklund queried Mr. Root about his own interpretation
of a bay. Mr. Root indicated he believes a bay must be curved a.id
should not be more than 250 of the width of the dwelling. The
Chairman asked Mr. Root if the proposed structure was disturbing t-)
him because, as a neighbor, it would have windows in it and Mr. Roct
answered windows had nothing to do with his objection and that he.
objects to the structure itself being too close to his property
line . He went on to say he feels the building codes should be
adhered to and by granting variances , we allow people to build
anything they want. He feels strongly he he has the right to object
to a variance from the building code. Mr. Root also stated he was
not only speaking for himself and had obtained the signatures of
other neighbors who are against the proposal .- No other persons present,
however, spoke against the proposal .
Before Pat DeKanick began to speak for the proposal, the Planning
Commission requested an exact measurement of the proposed structure .
Mr. DeKanick indicated, in response, that 12 feet would be added on
to the existing house, plus 2 feet additional for the porch, for a
total of 14 feet overall .
Mrs . DeKanick then read from law books the basis of variances . She
• stated that-,she feels• ,that,,.M.r•.. Root obviously does not understand -
variances . In the book, under zoning changes , it showed that vari-
ances allow the individual landowner to deviate somewhat from zoning
code requirements and variances do not require a zoning -change .
However, the variance must not change the basic characteristics of the
neighborhood, according to the law book. The applicant also commented
on Mr. Root ' s concern about the drainage problem. She said at the
time Mr. Root built his house he was aware of the water problem.
Mrs . DeKanick also stated that when they (DeKanick ' s) built their
house in 1959 , they were the first new house on that side of the
block . In 1961 the house to the north was built a little bit higher
than the DeKanick ' s since the ground level for that house is built
up. She feels that as the first people on the block, they are not
causing the drainage problems and she also cited other neighbors with
water problems .
The Chairman asked if there were any other questions . Commissioner
Bjorklund read the section of the Ordinance regarding permitted
encroachments , which may come within 3 feet of the property line .
He perceived the DeKanick' s held to that regulation. However, _the
following several sections of the Ordinance state that certain en-
croachments may not be within 5 feet of the property line , the
Commissioner continued. He then asked Mrs . DeKanick what she felt the
width of -a bay should be. She stated her interpretation of the -
ordinance is that it could be any size, however, she does not feel it
should be `as--Targe as. 25 feet; but did not feel 12-15 feet to be
• excessive.
Commissioner Bjorklund also asked why' the original plans , which indi-
cated the proposed structure would -extend 16 feet back from the
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existing structure, were changed to show the proposed :structure
would extend 14 feet back. Mrs ..'DeKanick indicated they desired -to
extend the structure out in front of their kitchen window..• Mr., De-
Kani•.:k stated the existing house is 26 feet wide, with a 12 foot.• •-
porch to be added on the rear.
Wren the Chairman asked if there were any further questions before
the public hearing was closed, Mr. Root objected to not receiving-
the correct plan, due to the fact that the original plan had been
changed to such an extent.
There were no further questions or comments for or against the
proposal and the Chairman closed the hearing at 8 :45 P.M. , for
Commission consideration and action.
Chairman Zawislak asked the Commissioners ' interpretation
of a bay. He also reminded them that if it is a bay , no variance
would be required.
Commissioner Bjorklund indicated .he felt 20 to 25% of a wall would be
the maximum size of a bay . He said he has done hundreds of appraisals
and feels that the proposed structure is not a bay because it is not
curved. He also stated 9z feet with curving would be acceptable , but
this proposal is not a bay .
Commissioner Wagner does not believe curving is essential to create
a bay. He said a bay is generally not as large as proposed by the
DeKanick' s , but does not believe the definition indicates it can' t be .
He also pointed out it does not run the full length of the house and •
therefore meets the requirements .
Commissioner Franzese had mixed feelings about the bay question.
The Chairman indicated he would like her opinion on the interpretation.
She indicated she would not consider the proposed structure a bay in .
that it does not compare with other encroachments cited in the
ordinance. She queried whether the percentage of windows would
change the definition. Commissioner Bjorklund pointed out that the
permitted encroachments , such as a chimney, are not habitable floor
areas and do not add floor space to the house . He said a bay is a
window seat which does add to the floor area of the house and that
the DeKanick 's interpretation of a bay is a wild stretching of the
ordinance.
Commissioner Hansen feels that it is - a bay , as it is not on the ground.
and therefore will not affect the watershed and the flow of water.
Chairman Zawislak indicated he has built for ten years and has a
bow window. �He explained the bow window and then stated he felt this
proposed addition is a large bay, but nonetheless a bay.
Motion by Commissioner- Wagner and seconded by- Commissioner Hansen to
submit to the- C-ity Council the Planning Commission's . interpretation
of a bay, relating to .a request from -Eugene and Patricial DeKanick
for a proposed structure at 310,9 Wilson Street N.E. ., . is that their •
proposed structure may be termed a "bay" .
Commissioner Bjorklund :reiterated he will vote against the motion,
feeling it is a gross encroachment -to the community and the Planning
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Commission has misinterpreted th-e meaning of encroachments . Commis-
sioner Wagner said his concern is that the proposed structure meets.
• the definitions of a bay and therefore must be called a bay, and. that
that was the reason for his motion.
Voting on the motion:
Aye : Zawislak, Wagner and Hansen.
Nay : Bjorklund and Franzese .
Motion carried.
Chairman Zawislak indicated it is his interpretation that the DeKanick's
do not have to obtain a variance for their proposed porch and bay.
He stated this recommendation will go. before the City Council on
July 24th for a final decision.
At 9 : 05 P .M. , Chairman Zawislak opened the hearing to consider a
petition from Walter Sentryz , Jr. , for a variance to the City Zoning
Ordinance requirements which would allow the construction of a new
home on the vacant lot at 3316 Highcrest, with side yard setbacks
of 5 feet and 8 feet C13 feet total) where a total of 15 feet is
required. He read the notice which had been published July 3rd and
mailed to all adjoining property owners of record within 200 feet of
the subject property. No one present reported failure to receive that
notice or objected to its content and the Manager reported receiving
no objections to the request.
The Manager reported that Mr . Sentryz had appeared before the Planning
Commission for a concept review at their last meeting proposing to
_. build a 6.2 foot wide home and is requesting a 2 foot variance .
Mr. Childs had received an inquiry concerning the drainage mainten-
ance and indicated that that is part of the building permit process
and the drainage will be maintained.
Mr. Sentryz explained his request and his proposed construction of
a home design which recently won three Reggie Awards .
Mark Blockey , 3313 Croft Drive, was present and discussed his concerns
about the water .runoff and maintaining the drainage after the home is
built. Mr. Blockey stated he is .not against the request but wanted
to be on record as expressing his concerns regarding the drainage on
the lot. He emphasized he is in favor of Mr . Sentryz ' desire to build
on the vacant lot. .
There were no further questions and Chairman Zawislak closed the
public hearing at 9 : 13 P.M.. -for. Commission consideration and: action.
Motion by Commissioner Fr:anzese and seconded by. Commissioner Hansen
to recommend the Counciingrant a 2 . foot side yard -setback .variance
;. which would -a116w. Walter Sentryz to - construct a;.single family dwelling
• on the. vacant lot at 3316 Highcrest, finding that : ,
1. The home is expected to be of high quality and -the design (Reggie
Award winner) ' has already been reduced by... 2. feet.
2 . Granting the variance would still provide -for total building
separation of 25 . 5 and 20 . 5 feet. •
3: No opposi-tion was received from the neighbors . . .
4 . Approval is contingent upon the proposed home not aggravating the
existing drainage conditions of the area.
Motion carried unanimously.
Chairman Zawislak opened the hearing, at 9 :16 P.M. , to consider a
petition for a variance to the City Zoning Ordinance requirements
which would allow Gary Dooner, 2920 Silver Lake Court, construction of
an addition resulting in the need for a front yard variance of 12
feet. A 30 foot front yard setback is required by City Ordinance
and Mr. Dooner is proposing an 18 foot front yard setback. The
Chairman read the notice which had been published July 3rd and mailed
to all adjoining property owners of record within 200 feet of the
subject property. No one present reported failure to receive that
notice or objected to its content and the Manager reported receiving
no objections to the request.
The Manager made note of the odd shape of the Dooner ' s lot and cited
this as a justification for a hardship . He stated that while the
average alignment does not allow the setback Mr. Dooner proposes ,
the average neighborhood setbacks are substantially less than 30 feet
and other variances have been granted, setting a precedent -for the
request. As with the preceeding two variance requests , some of the •
preliminaries had been completed on this request at a concept review
the previous month. He indicated Mr . Dooner had submitted three
neighbor' s signatures approving the request.
Mr. Dooner was present to speak for his request and said that his
neighbors had encouraged him to build the proposed additions , stating
that the reasons for this encouragement were the noise , dust and
amount of traffic traveling on Silver Lake Road. He also noted
several precedents had been set for this request.
There had been no changes in Mr. Dooner 's request since the concept
review the month before and the public hearing was closed by the
Chairman at 9 : 20 P.M. for Commission consideration and action.
There was no one present to speak either for or against the proposal.
Motion by Commissioner Bjorklund and seconded by Commissioner Wagner
to recommend the Council grant a 12 foot front yard setback variance
to allow construction of an addition on the home of Gary Dooner,
2920 Silver Lake Court, finding that:
1. The lot is unique by its odd shape.
2.. The property is located o.n a false cul-de-sac adjacent to a high
traffic - street with dust, noise and visibility problems .
3." The proposed addition would reduce the impact of the road on the :- •
neighborhood.
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-The: three conditions required .fo,r granting of a variance have
been affirmative .
• 5: - 0thef -sim' lilar variances have been granted in :the neighborhood. ,:. .. ",. ..
6 . .'No -persons spoke in opposition :to the request..
Motion carried unanimously .
There was a short recess before the Chairman opened a public hearing,
at 9 : 28 P.M. , to consider a petition for a variance to allow con-
struction of a single family dwelling at 3334 Edward Street N.E.
Mrs . Ruth Smith proposes to locate front of said residence on 34th
Avenue N.E. and requests interpretation of the Planning Commission
and City Council to use property frontage on Edward Street as required
front yard and the west side of said property as required rear yard for
setback purposes . The Chairman read the notice which had been pub-
lished July 3rd and mailed to all adjoining property owners of record
within 200 feet of the subject. property . No one present reported
failure to receive that notice or objected to its content and the
Manager reported receiving no objections to the request.
The City Manager explained that a similar request had been made last
fall where a resident had wanted to add on to his home . The Manager
had, at that time, referred to a policy commonly used in high growth
communities that the short side of a corner lot- be considered the
front for setback purposes . -What that did was to still provide the
• same amount of open space, which is really what the setbacks intend,g
between buildins , ,the Manager sai.d.. Mrs . Smith has .-requested, at
the Manager ' s advice, an interpretation to the effect that the front
yard is the short side and therefore a variance is not necessary .
The Manager told the Commission members that if they did not wish to
interpret it in that way, Mrs . Smith would need a 15 foot rearyard
variance to locate this house on the lot because it is a substandard
size lot and in either case there is either a hardship justifying a
variance or there is a need for an interpretation of the ordinance.
The City Manager asked if the Commission would want to make a policy
to that effect.
Clarence Ranallo, 2504-34th Avenue N.E. was present to speak for the
requested interpretation and perceives this construction would be a
plus for the neighborhood . No one was present to speak against the
proposal , and the Chairman closed the hearing at 9 : 40 P .M. for Com-
mission consideration and action.
Motion by Commissioner Bjorklund and seconded by Commissioner Franzese
to recommend the interpretation of. the front of the corner lot to be
the short side (regardless of where the front door is located) to the
City Council and relating said interpretation to the request for a
variance from Ruth Smith , 3334 Edward Street N.E.
Motion. carried unanimously.
• At 9 : 42 P.M. , - the Chairman opened - the hearing to consider a petition
from' Faith United Methodist Church, 2708 - 33rd Avenue N.E. for''.a
conditional use permit to allow reconstruction of , the storm damaged_
church along with an 800 square .foot expansion of the church. In
addition, additional parking is proposed for the property . He read
the notice, which had been published July 3rd, and mailed to all
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adjoining property owners. . of record within 350 feet of the, subject .
property. No one present reported failure to receive that notice
or objected to its content and the Manager reported receiving no •
objections to the request.
. Commissioner Wagner stepped down temporarily to discuss the church ' s
proposal. He is a member of the church and the Financial Chairman
on the Building and Rebuilding Committee. He said the church Com-
mittee had considered several alternatives as to whether to rebuild
at the present site or somewhere else. Their decision had been to
rebuild onsite and would involve about a $300 , 000 expense to the
church with the remainder of the cost expected to be picked up by
insurance coverage. Commissioner Wagner. indicated the first thing
the Committee decided to do was to expand the sanctuary and increase
the seating capacity. He said they also proposed to expand the park-
ing spaces to bring them up to code, which would somewhat relieve
onstreet parking problems . Other changes proposed for the interior
would include handicapped accessibility ramps to both levels and a
provision to be installed for the handicapped along with improvements
in the bathrooms . The nursery school would have ground floor access
and an outdoor play area directly connected to the school and the
kitchen area would also be improved, Commissioner Wagner said.
Area neighbors were surveyed on the previous Sunday and did not
object to any of the proposed rebuilding. The original church. was
erected in 1957 and the education wing along Belden Drive was added
in 1965 . Commissioner Wagner indicated the .targeted completion date
was Easter, however he had reservations about that timeframe . He •
informed the Commission members the project, including furnishings ,
will cost about $1 million.
Commissioner Wagner went on to say the church has a seating capacity
for 210 seats and the proposed parking capacity is proposed to
increase from 60 to 84 spaces . Commissioner Bjorklund indicated he
would like to see a larger play area which could perhaps be ac-
complished by cutting the proposed parking spaces from 84 to 79 .
Commissioner Wagner believes the church Committee would be amenable
to that suggestion.
There was no opposition to the proposal, however, a neighbor, Dan
Korba, 2708 Hilldale , was present to express his concern with the
snow plowing and granite chips which had been placed on the surface
of the parking lot at the church. Mr. Korba said the plow plows the
snow across the parking lot directly into his front yard. He would
like that to cease. He suggested the situation could be rectified if
the church could enlarge the lot and reduce snow storage on the
property. Mr. Korba also wondered if a barrier for head-lights had
been considered which would screen the lights from beaming into- the
residents ' windows . Commissioner Wagner indicated he will bring the
plowing -problem to the attention of the church trustees. .and he had
not realized .this was a concern.
The public hearing was closed at 10 :02 P .M. ,by.;Chairman Zawislak for
Commission consideration and action.
Motion by- Commissioner Bjorklund and seconded by Commissioner Hansen
to recommend the"Counc'il approve the' plan for rebuilding. Faith United
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? - Methodist Church including an' 8:00'. square foot expansion, for their
church sanctuary at 2708 = 33rd-:Avenue N.E. and grant a. conditional
' use.:'permit, providing the church.-changes proposed increase in .park.ing-
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1.� spaces: from 84 to 79 ,. finding:. that:..
l.- No- objections were received . totthe .proposal .
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2 . The 79 parking spaces will bring the property into closer com-
! pliance with parking ratio requirements .
3. Approval would allow rebuilding of a substantial , high quality
church building which would be an asset to the City.
Voting on the motion:
Aye: Zawislak, Hjorklund, Franzese, and Hansen.
i Abstention: Wagner.
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Motion carried.
At 10 : 04 P.M. , Chairman Zawislak opened the hearing to consider a
petition for a variance and conditional use permit from the St. Anthony.
i Health Center, 3700 Foss Road N.E. The Health Center is proposing an
84 unit apartment complex to be built on the vacant property immediately
west of the rest home on County Road "D" , which requires a conditional
use permit. The proposed new addition is proposed to have a height
• of 4 stories- -or 42 feet, where 3 stor-ies- .are allowed by the Ordinance,
and a total of 149 units on the site , where 119 are allowed by City
Ordinance. The Chairman read' the notice which had been published
July 3rd and mailed to all adjoining property owners of record
within 350 feet of the subject property . No one present reported
failure to receive that notice or objected to its content and the
Manager reported receiving no objections to the request.
The City Manager reported the St. Anthony Health Center currently
consists of 65 units and they propose to erect a four story complex
that would connect by a walkway between the two projects . The rest
home is proposing 84 rental units with some underground and some
aboveground parking. Mr. Childs noted 149 units of elderly housing,
such as proposed, has an entirely different impact than 149 units in
an apartment building such as Diamond 8 or Macalaster Manor . He
cited the number of persons in a family , the number of persons coming
and going, and the amount of traffic, would constitute the differences .
He said additional parking would .be needed at a rest home partly
because of the staff which would be needed for the extra care re-
quired by the elderly , and added that exists at the current facility .
J The Health. Center had held a meeting for concerned neighbors to
g outline their proposed plan and attendance- at the meeting had been
sparse, Mr. Childs indicated.
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? The St-. Anthony Health Center was represented by. David -Frank of
Korsunsky, Krank, Erickson, who are the architects for the proposed
• addition. Mr.' Frank detailed the site plan. A unique . drainage ..
problem at the site was discussed and the Manager sugges.ted ;Rice
Creek Watershed District should be consulted.;.regarding the matter.
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Commissioner Bjorklund expressed his concerns about the future
ownership of the 2 complexes'- in-that the proposed project would be
connected to the existing' facility. and there is the possibility,,of :.. . .. • .;
the the two complexes being owned by 2 different entities . Com-
missioner Bjorklund's parking concerns were adequately addressed. .
by the architect. The Commissioner asked the architect what the
typical size of the units would be. The architect responded that
a single unit would be approximately 650 square feet and a double
unit would consist of approximately 800 square feet. The Manager
pointed out there are regulations on the minimum square footage
of an apartment unit and the proposal is over the minimum.
The Commission' s consensus was that the buildings , as proposed, go
very well together. When questioned about the timetable for the
project, the architect indicated he would like to begin the project
in the fall, when the ground is drier, because of the drainage
problem previously discussed, and, also, starting the project would
depend on the plans for the 37th Avenue reconstruction.
Commissioner Wagner is concerned with space for a truck turnaround
on the service road. He indicated he would not vote for the pro-
posal unless that aspect was recitfied.
Commissioner Franzese asked if part of the building would be under-
ground. The architect explained the plan shows the building would
not be underground to any great extent , but only along one edge.
A walkout from the lowest level on the back part of the building is
being planned. •
The Commissioners discussed the potentiality of future changes in the
plans for the Health Center. The architect indicated they would
definitely not make any changes relating to their variance request,
however, the truck turnaround and parking layout may need to be
modified.
There being no other questions or opposition' to the proposed plan ,
Chairman Zawislak closed the public hearing for Commission considera-
tion and action.
Motion by Commissioner Bjorklund and seconded by Commissioner Jones
to recommend the Council approve the variance and conditional use
requests from St. Anthony Health Center, 3700 Foss Road N.E. , for
the erection of a four story market rate, semi-independent facility
on the vacant property west of the Rest Home on County Road "D" ,
finding that:
1. No opposition to the request was received by the Planning Com-
mission or at an informational meeting held by the applicant.
2. The proposal is for market rate, semi-independent living apart-
ments in conjunction with the existing 65 unit nursing facility
and the applicants have addressed:
a. unit :size (.650+ to '800' square feet) ; , •,
b. street access - service access and turnaround; '
c. joint use of parking;
d. soils and site drainage;
• e. shared facilities;
f.' health and safety provisions , including .fire protection;.
g. handicapped access;
h. building height (not to exceed 42 feet at -grade) ;
i . building appearance;
j . landscaping;
k. floor area ratio and open space.
3. The building height adequately allows open space and the siting.
addresses a unique soil and drainage problem.
4 . The unique use of the building in conjunction with the adjacent
nursing home.
5 . That the development be per the site plan submitted.
Motion carried unanimously.
The meeting adjourned at 10 :58 P.M.
Respectfully submitted,
• David M. Childs
City Manager
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- C I TY OF ST_� r',`ANTIiONY
REQUEST 'FOR PLANNING• COMf!I;I;SS-LON ACTION
-Date Submitted Type of Action :Requested -.Ag:en :a :Item Number
Concept -Review
16, 1984 �: :d
fl�� 'Bus i ness-a
Date Action X Formal Action/Motion Title
Requested Informational
Other Townhomes -
Auqust 21 , 1984 S-Ign Request
TO: St. Anthony Planning Commission
FROM: David M. Childs City Manages
------------------------------------------------------------------------
SUMl4ARY DISCUSSION OF SUBJECT: Attached is a proposal to take the existing wooden
signs for the St. Anthony Townhomes and mount them on a berm in a singular V-shaped
structure with substantive brick work supporting them. A similar concept to the
sign was approved for Elmwood Church a few years ago. The requested no "U" turn
sign has been installed and hopefully helped the traffic situati-on.
Regarding the Ross Craig sign, the Commission should recommend some course of action ,
i .e. , removal , approval of smaller total square footage or whatiever. I will then
proceed to take admi.nistrative action when the City Council has made a final decision.
ALTERNATIVES :
RECOMMENDATION:
ATTACHMENTS :
X Plan Application Form
Mailing List Letters of Support/Objection
Notice of Hearing
CITY MANAGER'S REVIEW: COM4ENTS : 4tyS
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CITY OF ST. -ANTHONY
____-REQUEST-FOR_PLANNING_COW41SS10N_�XCT.I.ON______,__
7Date Submitted Type of Action Request6d Agenda-1tem Number
August 16, 1984 Concept Review X Formal Action/Motion " -P:ui�"la�:c cldearidgs-a
Date Action Informational Title
Requested Other Setback Xar i ance-Robb i e
August 21 , 1984 Nelson, ',3420 -Harding St.
------------------------------------------------------------------------
TO: St. Anthony Planning Commission
F ROt•1: David M. Childs, City Manager
SUMMITRY DISCUSSION OF SUBJECT: Mr. Nelson proposes to convert his existing 1I
car attached garage into a 2 car garage. The existing garage is 9'0" from the
property line. With a 6' extension, it would be 3'8" from the south property line
(or a 1 ' 14" variance would be needed) . No objections have been received. Plans
are attached for your review.
�ALTER'-
iA-TI V E S : Recommend approval , modify, or den i a 1 .
Aj.
RECOTU'.ENDATION: Per Commission.
ATTACI DI NTS
X Plan X Application Form
X Mailing List X Letters of Support/Objection
X Notice of Hearing
CITY - MANAG %'S REVIEW: COMMENTS :
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. .... .� ;_ L)ate
Fee .
R- 15 . 00
Other. $25 .00)
CITY OF ST. ANTHONY
PETITION FOR VARIANCE
Applicant: 1,,C b ( �Q 'pG�� VV ! �G ��I Phone :
Address :
Status of applicant (owner, buyer, renter, agent , etc. ) : o GAJ k 'l2—
�
Legal description of property petitioned for variance .
Street address : '5 yc?o
7
Zoning district in which property is located : 9- 1
Request: 47'! / 2 �A2 Grp �a/1�?c�� /o
Sue/f
Minnesota Statutes and City ordinances require that the following condi-
tions must be satisfied affirmatively. If the answer to a statement is
Yes , please explain , using additional sheets .
Yes" No
• 1 . Because of the particular physical surroundings ,
shape , or topographical conditions of the parcel
of land involved, the proposed variance would re-
lieve an undue hardship, as distinguished from a
mere inconvenience should the applicable ordin-
ance *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
i in the vicinity or zoning district.
i
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.
Pursuant to Section 15 , Subd. 5 , of the City of St. Anthony Zoning Ordin-
ance, -a variance shall not be granted for any use not permitted in the
zone in which a particular parcel lies.
Signature of Applicant DUB'
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MAILING LIST - 3420 Harding Street
Gerald Hayes Katherine Knutson Edward Wisniewski
2608 - 35th Avenue N,E. 2609 - 34th Avenue N.E. 3408 Coolidge
St. Anthony, FIN 55418 St. Anthony, MN 55418 St. Anthony, fill 55418
i
Richard Pawlik firs . Berg Zethraus Kenneth Peterson
3412 Coolidge 3416 Coolidge 3401 Edward Street N.E.
St. Anthony, fill 55418 St. Anthony, MN 55418 St. Anthony, MI 1 55418
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Leo Hudak P . J. Wagner Peter Osipenko
3407 Edward Street N.E. 3413' Edward Street N',E. 3417 Edward Street' N.E.
St. Anthony , I-IN 55418 St. Anthony, MN 55418 St. Anthony, fill 55418
Bruce Erickson Anthony Martin Scott Koch
3419 Edward Street N.E. 3421 Edward Street N.E. 3429 Edward Street N.E.
St. Anthony, MN 55418 St. Anthony, DIN 55418 St. Anthony, I•IN 55418
n R. Johnson, Jr. John Nygaard Joseph Oliverius
' 0 Harding Street N.E. 3401 Harding Street N.E. 3404 Harding Street N.E.
St. Anthony , ftll 55418 St . Anthony, f4N 55418 St. Anthony, MN 55418
Robert Westacott Earl Pearson Theodore Gromek
340 Harding Street N.E. 3412 Harding Street N.E. 3413 Harding Street N.E.
i St. Anthony , WN 55418 St. Anthony, MIJ 55418 St. Anthony, 1.1414 55418
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Harley S . Monson Duane Gibbons Kenneth Lundeen
3419 Harding Street N.E. 3421 Harding Street N.E. 3425 Harding Street N.E.
St. Anthony, MIN 55418 St . Anthony, MNI 55418 St. Anthony, I-IN 55418
Robert A. Sholl Louis Madsen ', Linden Carr
3428 Harding Street N.E. 3429 Harding. Street N.E. ; 3432 Harding Street N.E.
St. Anthony, MN 55413 St. Anthony, MN 55418 iSt. Anthony, MN 55418
Mrs. Ethel E. Finney
3436 Harding Street N.E.
Anthony,. MN, 55418
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CITY OF ST. ANTHONY
NOTICE OF HEARING
PETITION FOR VARIANCE
TO WHOM IT MAY C014CERN:
Notice is hereby given that there will be a public hearing by
the Planning Commission of the City of St. Anthony on Tuesday,
August 21 , 1984, at 7: 35 P.M. in the Council Chambers of the
City Hall, 3301 Silver Lake Road (enter northeast corner) for
the purpose :
Consideration of a petition from Robbie G. Nelson for a
variance to allow construction of an additional 6 feet onto
the south side of the garage located at 3420 Harding
Street N.E. The variance, if granted, would allow the
garage to come within 3 feet 8 inches of the south property
line , where 5 feet are required in the City Ordinance .
Anyone wishing to be heard with reference to the above matter
shall be heard at said time and place. Questions regarding this
matter may be directed to the City Manager , 789-8881 .
David M. Childs
City Manager
Publish: August 8, 1984
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CITY OF ST. ANTHONY
REQUEST FOR I'LhNN:ING COMMISSION ACTION
-------------------------------------------—--------------------------
-----,
Date Submitted Type of Action Requested -.Agenda -I-te,m.-Number
August 16, 1984 Concept Review_ Rub l i c:•Hear.i.ngs-b
Date Action X Formal Action/Motion Title
Requested Informational
Other Northga to ..Mote 1-Pa rk i ng
August 21 , 1984 and _Se.tback-.Variances
------------------------------------------------------------------------
TO: St. Anthony Planning Commission
FROM : David M. Childs, City Manager
SUMMARY DISCUSSION OF SUBJECT: Jerry Isaacs and Associates are purchasing the
Northgate Mote aci I ity. l jy propose an office condo .development containing 19
units, all of which will be two stories. Because of site constraints, they propose
66 parking stalls, as opposed to the required 74 and that a reasonable number of
stalls be 82' X 19' (not more than 50%) in size as opposed -to the requirement of
9' X 19' parking stalls . They also propose a small add-itTon on the north side of
the building which would contain stairways and which would merely be an extension
of the existing north building line. Since the current-'structure is non-conforming
in that it does not meet the required setbacks, the proposal would represent a
continuation of that non-conformance.
The applicant has attached plans from a simliarproject in St. Paul for which only
20 on-site spaces are provided as an examp-lte that, such uses can operate adequately
on fewer parking stalls than traditional seta l .commer-cial operations. Staff has
indicated to the developer that relevant City building codes must be met , and they
state that they will do so.
Some discussion has taken place about the possibility of an access onto Lowry Avenue
from the site. Staff would discourage that approach due to the residential nature
of the neighborhood to the south.
No objections have been received and you will be happy to see that the applicant
would propose removal of the big freestanding "Northgate Sign" to be replaced by
some very tasteful wall signage on the structure.
J
ATTACHIMENTS
3
j� X Plan X Application Form
{ X Mailing List X Letters of Support/Objection
X Notice of Hearing
1
CIA MANAGER' REVIEW: COMMENTS
A%A�A
ua;c:e. Amt 1,1984
Fee : $25:D0
(R-1 . . .. . . . . . . 15. 00
other.. . . . . . . $.25 .00).
• CI.TY OF..,:ST.. "ANTHONY
PETITION=FOR.;VARIANCE
Jerry' Isaacs & Associates 292-0100
A pp licant:
—Phone : or 292-9186
Address : 357 East Kellogg Blvd. , -:St:: :1Paul,,,M 55101
Status of applicant (owner, buyex, renter, agent , etc. ) : owner
Legal description of property petitioned for variance : Lot 3_& Lot 4, Block 3;
East 2 of vacated Coolidge St. plus the adjoining lands to ,the eas
St. Anthony Village Commercial Center Addition No. 1.
Street address : 2526 Hwy No. 8, City of St. Anthony
Zoning district in which property is located : "C" commercial
Request: Variance for required parking stalls and lot line setback along northern boundry
Minnesota Statutes and City ordinances require that the following condi-
tions must be satisfied affirmatively. If the answer to a statement is
Yes , please explain , using additional sheets .
Yes No
• 1 . Because of the particular physical surroundings ,
shape , or topographical conditions of the parcel
of land involved, the proposed variance would re-
lieve an undue hardship, as distinguished from a
mere inconvenience should the applicable ordin-
ance be strictly enforced . X
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. X
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. X
Pursuant to Section 15 , Subd. 5 , of the City of St. Anthony Zoning Ordin '
ance, a variance shall not be granted for any a not permitted in the
zone in which a particular parcel lies.
• Signat r f Applicant
25.0 ' Signature of wner o er
g 0 A than applicant)
Gleesoi� & :Associates Arch�i.tects
July 31, 1984
Mr. David Childs, City Manager
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN. 55418
Re: Northgate Motel Conversion
Dear Dave:
Enclosed please find our application for a variance regarding the required number
of parking stalls for the Northgate Motel conversion project. Based on our calcu-
lations and existing parking requirements this project would require 74+ stalls
and we are unable to accommodate more than 56 and still allow for reasonable traffic
flow patterns. We would also like to request that a certain portion of these stalls
(not more than 50%) be allowed to be "compact stalls". These stalls are only � foot
narrower and the variance would bring requirements with regard to compact stalls in
line with the City of Roseville's requirements. I would only add that the size of
cars has been getting consistently smaller since 1974 and where these regulations •
are in place there does not seem to be any particular problem.
We will also require a minor setback variance on the northwest corner of the property
to allow for a continuance of the existing setback as it relates to the structure.
This will allow the addition of a small balcony and exit stair along the north
property line to enhance the traffic flow in and out of these condominiums.
I'm also enclosing some information as per your request regarding the Freight House
Conversion in St. Paul which is a development similar in scope and nature that has
been successfully completed by the same group of developers and architects. We would
eagerly invite you and anyone you care to bring along to come visit this project at
your convenience in order to get a feel for what it is we're attempting to achieve
with the Northgate site.
The 83-2 x 11 site plans and elevations of the Northgate project that you requested
for the Planning Commission and City Council review are being prepared and will be
in your possession no later than August 14.
We appreciate your cooperation in this matter. Should you require any additional in-
formation or clarification please let us know.
Si e ly,
'chard N. Kleinbaum •
for the developers
RNK/mw
357 East Kellogg Blvd. Saint Paul, Minnesota 66101, Ph. (612) 292-9186
CITY OF ST. ANTHONY
NOTICE OF HEARING
VARIANCE PETITION
TO WHOM IT MAY CONCERN:
Notice is hereby given that there will be a public hearing by the
Planning Commission of the City of St. Anthony on Tuesday,
August 21, 1984 at 7: 45 P.M. in the Council Chambers of the City
Hall, 3301 Silver Lake Road (enter northeast corner) for the
purpose :
Consideration of a petition from Jerry Isaacs and Associates
for variances from the parking and setback regulations of
• the Zoning Ordinance to allow conversion of- the Northgate
Motel, 2526 Highway 8 , into a 19 unit office condominium
complex. Variances requested are as follows :
1 . Sixty-six parking stalls where 74 are required.
2 . Provision for a reasonable number (not more than 50%)
of 82 X 19 foot parking stalls for compact cars , where
9 ' X 19 ' are required.
3 . Variance to allow extension of existing north line of the
building (.currently non-conforming) to allow installation
of stair enclosures.
Plans illustrating the above variance requests are available
for review in the City Administrative Offices at 3301 Silver
Lake Road.
Anyone wishing to be heard with reference to the above matter
shall be heard at said time and place. Questions regarding this
matter may be referred to the City Manager, 789-8881.
David M., Childs
City Manager
Publish: August 8, 1984
MAILING LIST - 2526 Highway 8
Gibraltar Mausoleum Colo.
Red Owl flax Saliterman 1346 N. Delaware St.
2550 Highway 88 25 University Avenue S .E. Indianapolis, Indiana
St. Anthony, Pitt 55418 Minneapolis , MN 55414 46202
Re; Sunset Memorial
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August 14 , 1984
Members of the Planning Commission
City of St . Anthony
3301 Silver Lake Road
St . Anthony, MN 55418
Attached please find copies of plan reductions regarding the pro-
posed Northgate Office Condominiums . We feel that the requested
variances are necessary in order to make this project feasible and
if granted will in no way hinder any of the adjoining property
owners . It is our belief that the project can only be successfully
marketed if the variances are granted and therefore strongly encour-
age you to approve them as requested.
• Members of the development team will be on hand at your meeting on
August 21 to discuss these issues and provide you with any informa-
tion you may require.
S ' erely,
Z�
ichard N. Kleinbaum
for Jerry Isaacs & Associates
RNK/mw
•
357 East Kellogg Blvd. Saint Paul, Minnesota 55101, Ph. (612) 292-9186
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SITE LOCATION
RED OWL GROCERY STORE
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SITE DATA
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PROPOSED ee PARKIN Z
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SPACES Lot Area: 51,306 Sq Ft 0 :
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OUSINO .. . " Lot Coverage : 14,373 Sq Ft W
FELOPMENT a BUILDING AREA V
Existing Building: 19.753 Sq Ft LL
Stair/Mach. Addition : 2293 Sq Ft O LL
x Arcade/Solarium
1 Addition 4763 Sq Ft W
/ Net Useable Area: 13,920 Sq Ft Q
// tb PARKING
Stalls Required: 73 Stalls
-- — 17' Stalls Provided: 44 Regular Stalls O
20 Compact Stalls Z
a• D ( 2 Handicap Stalls
66 Total Stalls
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_ NORTHGATE OFFICE CONDOMINIUMS Carlsen & Frank Architects
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ST. ANTHONY, MINNESOTA 482 Dayton Ave. St.Paul.Minnesota 55102, 227•{5
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ST. ANTHONY, MINNESOTA 1462 Dayton Ave. St.Paul,Minne m 55703, 337457
CITY OF ST. ANTHONY
NOTICE OF HEARING
PETITION FOR LOT SPLIT
TO WHOM IT MAY CONCERN:
Notice is hereby given that there will be a public hearing by the
Planning Commission of the City of St. Anthony on Tuesday,
August 21, 1984 at 8 :OO P.M. in the Council Chambers of the City
Hall, 3301 Silver Lake Road (.enter northeast corner) for the
purpose :
Consideration of a request from Elizabeth Johnson, 3601
Stinson Boulevard N.E. , for subdivision without platting
and a variance to allow split of an existing 50 X 239 . 25
foot lot with frontage on both Roosevelt Street and
Stinson Boulevard into two lots , approximately 50 X 120
feet in size (6 , 000 square feet each) , one fronting on
Stinson Boulevard and containing an existing residence ,
the other being a vacant lot , fronting on- Roosevelt Street.
The City Code requires a minimum width of 75 feet and total
size of 9 , 000 square feet each.
Anyone wishing to be heard with reference to the above matter
shall be heard at said time and place . Questions regarding this
matter may be referred 'to the City Manager, 789-8881 .
David M. Childs
City Manager
Publish: August 8, 1984
MAILING LIST 7 - 3601 Stinson Boulevard
•
'Emory Nypan Dorothy 'Aro Ralph Johnson
2509 - 36th- Avenue N.E. 250:8 - 36th. Avenue N.E. 250'4 36th Avenue N.E.
St. Anthony, MN 55418 St. -Anthony, PIN 55418 St.: Anthony , MN 55418
Mrs . Michael J. Kowahl Martin F. O'Hara Vincent Iacarella
3551 Stinson Blvd. 3553 Stinson Blvd. 3555 Stinson Blvd.
. St. Anthony, PIN 5.5418 St. Anthony, Mfg 55418 St. Anthony, MN 55418
Norman Fresonke Leonara Williams Edward Stucki
3557 Stinson Blvd. 3559 Stinson Blvd. 3605 Stinson Blvd.
St. Anthony, 11,11 -55418 St. Anthony, MN 5541E St. Anthony, MN 55418
' I
Kenneth R. Reber Roy Maslen Russell Ingvaldsen
3609 Stinson Blvd. 3615 Stinson Blvd. 3621 Stinson Blvd.
St. Anthony , PIN 53418 St. Anthony, 14N 55418 St., Anthony, Mil 55418
Kenneth R. Klucas Richard Warmuth Richard Lundgren •
3529 Roosevelt 3533 Roosevelt 3537 Roosevelt
St. Anthony, M'N 55419 St . Anthony , M'; 55418 St. Anthony, MN 55418
Mrs . Roy Whitehill Russell Barager Thomas Walen
3601 Roosevelt 3605 Roosevelt 3621 Roosevelt
St. Anthony , *IN 55413 St. Anthony, MN 55418 St. Anthonv , tIN 55418
Thomas Ploffatt Norman T. Lorimer Hal ffueser
3616 Roosevelt 3612 Roosevelt 3606 Roosevelt -
St. Anthony, MIN 55418 St. Anthony, MN 55418 St. Anthony, PIN 55418
Wesley Nelson - Cheng Cher Huang John Goodsell
3600 Roosevelt 3540 Roosevelt 3536 Roosevelt
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Gloria M. Gerk W. R. Whitehill
3532 Roosevelt 3528 Roosevelt
St. Anthony, 124 55418 St. Anthony, MN 55418 . i •
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C E R T I F 8 G A 12: OF SURVEY That part of the NW 1/4 of Section 6, Tcwnship•29, Range 23, Hennepin County,
Minnesota, described as follows:
JAlb9=3 L. KWITH =
LAND s unli s Yon Beginning at a-point on the nest line of said IN 1/4, said point being 2090.12
y °n°L--E—.finsT'"•e' feet north of the East Quarter Corner of = id Section 6; thence continue
HEISNTSSa471 r� 'taa•vr9 -., erly along said West line, 50.00 feet; Some easterly, parallel with the
ruys�t-Hest Quarter line of said Section 6, a stance of 272.25 feet; thence
1:::^:.a,c::r:n r>+.,T/1:DCtlmrcY, D=; W*I*X ,p.T %%WOO VT us oa{,•r,ca p, CtAr�T 0vIM'�4therl . parallel with the west line of sa -0-1/4, a distance of 50.00
anc s,u, •n ,u<cyvr.cw uu� �x�a nra uin of,w orA,s OF w�+xrsora. D Y P
t° `t68t;_thence westerly, parallel with the East st Quarter line of said
Va'8_S�Z?tlq..Settion 6, a distance of 272.25 feet, to tCepfnt of beginning. Except the
CCALE r "eSterly 33.00 feet thereof.
; eet to restrictions, reservations. and of record, if any.
I. :.1:::•. �.7A rZZOIS R�T1a�1 Nj 2 __ o s IRAN AFT. T
CITY OF ST. -ANTHONY
REQUEST FOR PLANNING COi•�1MISS-I.ON 'ACTION
--------------------------------------- -------------------------------- I
Date Submitted Type of Action Requested Age.ri a- Item Number
.Concept Review
August 16, 1984 Public Hearings-d
Date Action X Formal Actio.n�/Mot.ion Title
Requested Informational
Other Rapid 0 i 1 Change Sign
August 21 , 1984 Variance Requests
TO: St. Anthony Planning Commission
FROM: David M. Childs, City Manager
SUMMARY DISCUSSIO14 OF SUBJECT: Rapid Oil Change has purchased the Jet Gas
Station at 37th Avenue N.E. and Silver Lake Road. They are requesting a variance to
allow a pylon sign of 50 sq. feet per side (100 sq. feet total ) , where a total of
50 sq. feet are allowed by Ordinance. They also are requesting wall signs on two
sides where the Ordinance allows only one. No objections have been received to the
request and with reconstruction of County Road D in 1985, traffic flow onto and
off of the property will be greatly improved.
ALTEP'P: ,_TIVES :
RECOMMENDATION: I do not feel the v i s i b i l i t y of the corner is bad enough to
warrant a arger free standing sign, but two wall signs could be allowed if their
total size did not exceed the 150 square feet maximum allowed for one wall sign,
i .e. , each would be. smaller than if they erected a single wall sign.
ATTACHMENTS :
Plan X Application Form
�— Mailing List Letters of Support/Objection
�- Notice of Hearing
CITY IANA ER'S VIEW: CODIMENTS :
I
i
Date: /. �
Fee : $25.00
CITY OF ST. ANTHONY-
PETITION FOR SIGN- VARIANCE
. Applicant: /P/1
Phone : 3z 7-7-SW
Address : 9Sa y /f yc .ro
Status of applicant (owner, buyer, renter, agent, etc. ) : dWAIX4
Legal description of property petitioned for variance:
i Street Address : Jo0 37 A�.��.[ . S�
£ Zoning district in which property is located:
Request: /9 LLO w So Ic7' /F 2 ��h.� F�pGE /✓0 r .5—o fr 2 Tu7744- acv �4 j��1LU^J
W
Minnesota Statutes and City ordinances require that the following conditions
must be satisfied affirmativel.v. If the answer to a statement is Yes,
. S please explain, using additional sheets .
s
Yes No
? .; The granting of the variance will not be detri-
mental to the public welfare or injurious to
other property in the neighborhood or village;
and
2 . A particular hardship to the applicant would re- /
sult if the strict letter of the regulations are y
adhered to, or
{ 3. The conditions upon which the application for a
variance is based are unique to the parcel of
S land for which the variance is sought and are
not applicable, generally, to other property
within the same land-use classification.
Sign tune of App icant
• Signature of Owner .If of er
than applicant)
�5.0
CITY OF ST. ANTHONY
NOTICE OF HEARING
SIGN VARIANCE PETITION
TO WHOM IT MAY CONCERN:
Notice is hereby given that there will be a public hearing by the
Planning Commission of the City of St. Anthony on Tuesday,
August 21, 1984 at 8 : 15 P .M. in' the Council Chambers of the City
Hall, 3301 Silver Lake Road (.enter northeast corner) for the
purpose:
Consideration of a request from Rapid Oil Change, 3001 -
37th Avenue N.E. . for a variance to allow a 100 square
foot ('50 square feet per side) pylon sign, where Ordinance
allows a maximum of 50 square feet for a pylon sign. In
addition , the applicant requests a variance to allow two
wall signs, where one sign is allowed by the Ordinance .
Anyone wishing to be heard with reference to the above matter
shall be heard at said time and place . Questions regarding this
matter may be referred to the City Manager, 789-8881.
David M. Childs,
City Manager
Publish: August 8, 1984
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MAILING LIST - 3001 - 37th Avenue N.E.
Tom Packard
Dick's Standard 5417 Woodcrest Drive Auto Traac
Silver Lake Road & 37th Edina, MPI 55424 3009 - 37th Avenue N.E.
Ave. N.E. St. Anthony, MN 55418
St. Anthony, MN 55421 For: 3005-37th Ave. N.E.
Northern States Power Co. Richard LeVoir
1518 Chestnut N. American Monarch N.E. 66� Way
Minneapolis, MPJ 55403 2801 - 37th Avenue N.E. Fridley, MN 55431
St. Anthony, PIN 55418
For: 3716 Macalaster For: 2908-37th Ave . N.E.
Donald S. Messick Edward E. Solz Bruce C. Anderson
3101 Edgemere 3636 Penrod Lane 3640 Penrod Lane
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, My 55418
Russell Higgins Jeff Lind Meyer Bolnick
3657 Silver Lake Road 3645 Silver Lake Road 3636 Silver Lake Road
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
W . Bauer Construction
4 Lakepoint Court
Shoreview, MN 55112
For : 3640-44 Silver Lk . Rd.
_ CITY OF' ST. ANT110I Y
REQUEST FOR' PLANNING COM.MISS'10N.:ACTION
Date Submitted Type of Action Requested Agenda. Item'°N.umber-.
August 16 1984 __ Concept Review. -
9 ==Jew Bus i nessr.a
Date Action X Formal Action/Motion Title
• Requested Informational
Other ' Sunset Cemetery
August 21 , 1984 Mausoleum Add it*t^i;on
TO: St. Anthony Planning Commission
FROM: David M. Childs, City Manager
SUM14ARY DISCUSSION OF SUBJECT: This is a review of a proposed Mausoleum
facility to be constructed by the owners of Sunset Cemetery on the property .north
of the BN Railroad tracks east of St. Anthony Boulevard and southeast of 'MN •'Hwy
88. The mausoleum would be 100' X 180' in size and would have setbacks :of approxi-
mately 125 feet from Hwy. 88 and 60 feet from the properties in the industrial
park. The role of the Commission, as with the Golf Course addition , would be to
assure that the structure is designed in a manner which is in keeping with the
Recreational Open Space Zone. As with most (.all ) mausoleums , the structure will
be of substantial construction.
ALTER: %i IVES
M ,. The only thin that 1 can visualize that the City might request
_ I t�F CO,L(E.•+DAT!ON : Y 9 Y 9 9
from the applicant would be that Sunset select a more compatible color when they
repaint their maintenance buildings on Hwy. 88 (if they are Sunset's , rather than
{ Hillside' s) .
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ATTACHMEINTS,
I X Plan (5) Application Form
Mailing List Letters of Support/Objection
Notice of Hearing
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CIT VANAGER' S REVIEW: COW'iENTS :
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CITY OF ST. ANTHONY
• COUNCIL .MINUTES
July 10;,- 19'8;4
The meeting was opened at 7: 30 P.M. with the Pledge of Allegiance led
by Mayor Sundland...
Present for roll call: Marks, Sundland, Enrooth, and Makowske.
Absent: Ranallo.
Also present: David Childs , City Manager; and William Soth, City
Attorney.
The following changes were made to the June 26th minutes :
Page 3, para. 5 : Insert "with regard to the water hookup with Rose-
ville" after "Agency" in line 2 .
Page 7, para. 4 : Substitute "month" for "year" in line 3.
Motion by Councilman Marks and seconded by Councilman Makowske to
approve as amended the minutes of the Council meeting held June 26 ,
1984 .
• Motion carried unanimously.
Motion by Councilman Makowske and seconded by Councilman Marks to
approve the following licenses as listed in the June 10 , 1984 Council
agenda:
Heating Licenses
Royalton Heating and Air- Conditioning;
Yale , Incorporated;
Centraire , Inc. ;
Noel ' s Heating and Air, Inc. ; and
All Season Comfort, Inc.
Contractors Licenses
Lida Construction, Inc. , Anoka;
Petra/Tri County , Inc. , Bethel;
T. C. Builders , Inc. , St. Paul;
Jer-den Builders , Inc. , . St. Paul;
A11weather Roof Company, St. Paul;
Thyen Construction, Inc. , New Brighton;
Bill Balster, Maple Grove; and
Century ' Fence, Forest Lake .
Motion carried. -unanimously . .
Motion by Councilman - Enrooth: and seconded by Mayor Sundland to grant
temporary 3..2 beer permits , - for.: consumption, • not sale, of .beer. to
Wi-lliam ,Myers of the St.. -Anthony Fire Department for an invitational
Public Safety softball tournament to raise funds for the Fire
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Department Relief Association:-�_to :be held in Central- Park from , 8::00 A.M.
to 6 :00 P.M. , July 28, 19-84-;-.-4nd to Barbara Wall, 3200 Bel1...Lane,: for
a Honeywell softball tournamerit .to be held ,in Central Park from .3 : 30. P.I�
to 9 :00 P.M. , July 20 , 1984. „ .
Voting on the motion:
Aye : Enrooth, Sundland, and Makowske.
Nay: Marks .
Motion carried.
Motion by Councilman Marks and seconded by Councilman Makowske to
approve payment of all verified claims for June 10 , 1984 , as listed in
the Council agenda of the same date .
Motion -carried unanimously.
Motion by Councilman Marks and seconded by Councilman Enrooth to
approve payment of $26 , 304 .16 for the January Metropolitan Waste
Control Commission sewer services charges .
Motion carried unanimously.
Motion by Councilman Marks and seconded by Councilman Makowske to approve
payment of $3 ,056 for League of Minnesota Cities 1984-85 dues .
Motion carried unanimously.
Motion by Councilman Enrooth and seconded by Mayor Sundland to approve
payment of $1, 750 . 15 to Dorsey & Whitney for legal services during
1984 , including services on the Doppler radar system which would be
reimbursed from the Doppler Radar fund.
Motion carried unanimously .
Motion by Mayor Sundland and seconded by Councilman Enrooth to approve
payment of $23, 861 to Lakeland Ford Truck Sales , Inc. , for a new
Public Works truck purchased under the cooperative purchasing agree-
ment with Hennepin County.
Motion carried unanimously .
----
The March and April financial reports were considered and the Manager
indicated he could furnish the Council with the more detailed computer
reports the next time if a more in depth report it wanted.
Councilman Marks reported attendance at a recent .Youth Service .Bureau
Executive Board meeting where''he had learned that Ron Taylor, the ,
youth counselor, had resigned but a replacement .:had been found.
Councilman Enrooth reported several indications of constituent disapprove
of the recent liquor store T.V., ad, and said, although he agreed with
the Mayor that 'the 'a'dvertisement had served its 'purpose of - getting
-3-
peophe�-into the new liquor warehouse:y..the Councilman" nd ca.ted he
The visual impact ,of- the-...
wouldn' t care to have that- ad repeated. p
• commercial had been. much dif.ferentL than-•the printed script he had.:read
in .advance of its showing, -Councilman-Enrooth said.
Councilman Makowske recommended the City send a letter to the St.
Anthony High School marching band who had taken first place among high
school bands in the National Independence Day parade competition in
San Francisco. The Mayor told her he had personally met the band
when they arrived back in town and had presented a proclamation of
congratulations from the City to each youngster as. he or. she .got off .,
the bus : He agreed further that the proclamation could be retyped to.
be presented to the band leader, Roger Bjorklund.
Councilman Marks indicated he was disappointed to see the lack of media
attention given to the band' s accomplishments over the years .
Mayor Sundland read the letter from the American Red Cross which
accompanied a plaque of appreciation from .that .organization for the
cooperation and help given them by the City staff when they had been
in the City aiding the tornado victims . Mayor Sundland indicated he
and the Council had experienced the same degree of cooperation as
reflected in the following:
Motion by Councilman Marks and seconded by Councilman Enrooth to
express the Mayor and City Council ' s gratitude to the City staff for
their outstanding efforts and aid rendered during the tornado crisis .
Motion. carried unanimously .
The June liquor sales summary indicated a 46% raise in sales for the
first six months of 1984 , as compared to the same period last year
and the Manager said the third quarter report would reflect the
insurance returns for the Apache operation which should improve the
profit picture , but not necessarily to the extent that had been
optimistically budgeted for 1984 .
Councilman Makowske reported observing that the crews were working on
the water connection lines with Roseville on the Fourth of July .
Councilman Enrooth speculated that might be because the union
celebrated, the holiday on the weekend instead .
Included in the agenda packet had been a copy of the July 13th response
from the Hennepin County Traffic Signal Engineer to Mr. Hamer's
concerns about motorists using Silver Lake Road through the City. as
a 4-lane street. The County engineer had promised to study the problem
further and suggested any changes in striping of that roadway could
be planned to coincide with the reconstruction of County Road D.
The 1983 City audit by -Adrian Helgeson Company had been distributed
to- Council members and Mr. Childs told them that actions to remove
- the only audit exception specified by the auditors., had already been
initiated by Carol Johnson.
the -Mariager' s memorandum:.on his wage. negotiations with .the non-union
personnel were-'accepte'd as ',informat.ional : because the Mayor commented .
that he would not care to- become involved in the nitty ,gritty details .
of those negotiations which were the sole responsibility of the
Manager.
-4-
-The- July 6th notification from the -Metropolitan-Council related to.the
'application from Sperry - Computer,-Systems for a permit for a hazardous
waste ••st'orage facility in Roseville was- :distributed to, the _Council:...
members 6 'Councilman Makowske •indicated-she perceived this . to be. only .
a 'recognition of the existing transfer station on Highcrest Road .and .
the documents were ordered filed' after Mr. Childs had indicated he
would forward any Council comments to the Metropolitan Council.
Council members had been provided with copies of the revised Ordinance
1984-003 and Resolution- 84-032 with which the Council could adopt the
ordinance after three readings . The major changes in the ordinance,
as previously explained and recommended by St. Anthony 's Cable Com-
missioner Al Kaeding, had been underlined on the copy of the original
ordinance which had been included in the agenda packet and Mr. Soth
addressed the changes which pertained to installation methods, rates,
and the agreement extension with Group W from May 12 , 1984 to November
12, 1984 . It was noted that the restrictions against X-rated program-
ming and availability of "lock out"- devices for programming had been
retained in the ordinance.
Motion by Councilman Marks and seconded by Councilman Makowske to
approve the first reading of Ordinance 1984-003.
ORDINANCE 1984-003
AN ORDINANCE AMENDING ORDINANCE 1982-009 , KNOWN AS
THE CABLE COMMUNICATIONS ORDINANCE
Motion carried unanimously .
In his July 6th memorandum, Mr. Childs had indicated staff was recom-
mending bids be taken for the Doppler radar system based on the
specifications he had included in the agenda packet. Mr. Soth had
developed a document establishing Conditions of Purchase which he
said he perceived would provide further safeguards for the City and
would assure that the City would own the system only long enough to
make an immediate transfer to the National Weather Service . Mr. Childs
said he would contact the Weather Service to find out the number of
months they would require to test the system before taking possession
so the contractor would be responsible for maintenance and repair of
the system in the interim.
Motion by Councilman Marks and seconded by Councilman Enrooth to
authorize staff to advertise for bids for a Doppler radar system,
based on the specifications included in the July 10 , 1984 Council
agenda and on the . Conditions of Purchase proposed .by the City Attorney,
which bids would be accepted until 1: 00 P.M. , July 24, 1984 , with the
contract, to be awarded to the lowest bidder by the Council- during
their meeting the same evening.
Motion carried,.,unanimously. . .
The request from the.-Minneapolis 'Parks and Recreation Board that they
'be permitted to- connect water and sewer for Gross Golf Course to
Roseville and Minneap.olis . instead -of. the St. Anthony. system had been
tabled at the June. 26th meeting to enable City .offibials to' negotiate
the Park Board participation in the rebuilding of St. Anthony
Boulevard.
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In his' iuly 10th memorandum, Mr . Childs advised- that, the discussions
he and the 'Mayor 'had with Park Board officials: had been somewhat
unsuccessful because -the Park Board is adamant. about not participating
in the reconstruction project, because, as Mayor Sundland had indicated
earlier that evening, they perceive they might be setting a dangerous
precedent for the 90 or so miles of roadway around Park Board property
in other communities .
However, during the discussions of the- new roadway near the golf .
course, there appeared to be some willingness on the Board members '
part to aid the City in negotiating an MSA funded roadway with the
state. There is also an indication that the Board might be amenable
to removing the truck restriction from the 1965 agreement with
St. Anthony transferring the boulevard ownership from the Park Board
to the City.
Councilman Makowske reported counting 40 trees on the golf course side
of the boulevard, many of which had been ringed for removal because
they -had Elm Tree Disease, and she also noted 10 of the remaining
trees could be easily relocated because they were brand new. The
Councilman was also of the opinion that on-street parking could only
be permitted in parking bays , which she believed should be provided
by the Park Board.
Mr. Soth pointed out the legal problems the City could encounter if
an attempt is made to break the agreement regarding truck traffic
• and suggested it might be better to convi-nce-- .the Park Board to remove
those restrictions from the 1965 agreement so the City could deal
with the question later on should another source of funding than MSA
become available for rebuilding the street.
Motion by Mayor 'Sundland and seconded by Councilman Enrooth to approve
the Minneapolis Parks and Recreation Board request to connect water
and sewer services for Gross Golf Course to Roseville and Minneapolis
on the condition that the Board deletes Paragraph 2 , Page 8 from their
December 17, 1965 agreement with the City of St. Anthony related to the
ownership of St. Anthony Boulevard.
Motion carried unanimously .
The Council had previously directed the City Attorney to find out what
the costs might be for his firm to contact the attorney who is handling
New Brighton' s water contamination case against the Army to research
the procedures they have taken to the extent the City could be assured
no deadlines would be missed or legal procedures failed to be initiated
' which could prevent. the City from joining New Brighton in their suite,
if that action could not later be avoided.
'Mr. Soth reported an environmental specialist from his firm had
contacted the LeFevere attorney. and estimated the costs from both
firms could run between $1, 500 .and $2 ,000 , which he perceived. to be
minimal as compared to. the legal expenses New Brighton has already
• incurred in- their litigation, with the parties who may also have been
responsible' -for the City ' s contamination problems .
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Motion by Councilman Marks.- and-.seconded by Councilman Makowske to.:- . ,
authorize Dorsey & Whitney to .make the proposed investigation —
related to the possibility -of -Joining New Brighton in their litigation �.. .
related to the contamination- of both cities ' water supplies , with
the costs of the research not to exceed $2 ,000. -
Motion carried unanimously.
Motion by Councilman Enrooth and seconded. by Councilman Marks to
adjourn the meeting at 8:50 P.M.
Motion carried unanimously.
Respectfully submitted,
Helen Crowe , Secretary
Mayor
ATTEST:
City -Clerk
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CITY OF ST. ANTHONY
• COUNCIL MINUTES
July 24 , 1984
The meeting was opened at 7 : 30 P.M. with the Pledge of Allegiance led
by Mayor Sundland.
Present for roll call : Ranallo', Sundland, Enrooth , and Makowske. „
Absent : Marks (arrived at 9 : 00 P.M. ). .
Also present : David Childs , City Manager; William Soth, City Attorney;
and Larry Hamer, Public Works Director.
Motion by Councilman Makowske and seconded by Councilman Enrooth to
approve as submitted the minutes of the Council meeting held July 10 ,
1984 .
Motion carried unanimously.
Motion by Councilman Makowske and seconded by Councilman Ranallo to
approve the following licenses and registrations as listed in the
July 24th Council agenda.
MULTIPLE DWELLING REGISTRATION
• Macalaster Manor Apartments for 3800-3808 Macalaster Drive N.E.
Omega. Management for 3804 Highcrest Road N.E .
CONTRACTORS LICENSES
Jansick, Fridley;
Wooden Works , Corcoran;
Thermo home , ,Minneapolis ;
Rite-Way Waterproofing , Inc. , Lino Lakes ;
Jensen Brothers , New Brighton;
Florian Kauth , Columbia Heights ;
Bri-Mik Diversified Construction, Brooklyn Park;
T. J. Roofing , Circle Pines ; and
Northwestern Builders , Richfield.
Motion .carried unanimously.
Motion by 'Councilman Ranallo and seconded by Councilman Enrooth to grant
a temporary 3. 2 beer- permit for the consumption-; not' s.a1e, of beer to
-_- .Casey_Scott, 2613-27th 'Avenue N.E. , for a John Rose fundraiser to be -
held in Silver Point Park Pavilion, September 23, 1984.
Motion carried unanimously .
Motion
by'- Mayor Sundland and. seconded by Councilman Enrooth to. approve
• payment":bf all verified claims listed for June 30 , 198-4 and. July 24 ,
1984 ' in' - the July 24 ; :1984 Council agenda. .
Motion carried unanimously.
c:
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The Public Works Director explained to the Council his decision . to
approve Layne Minnesota' s -:request for additional grouting . relating to
the abandonment of Well #2 , by ,indicating once the process begins , it-
should not be stopped until it.- is finished, whereupon a motion was made
by Councilman Makowske and seconded by Councilman Ranallo to approve
payment of $7, 489 . 50 to Layne Minnesota for the capping of Well #2 , as
recommended by the Public Works Director in his July ,16th memorandum.
Motion carried unanimously .
Motion by Councilman Enrooth and seconded. by Mayor Sundland to approve
payment for the City ' s portion of the bill from Adrian Helgeson and
Company for their services in connection with the audit of the City' s
financial statements for the year ended December 30 , 1983 (total bill
was $6 , 200 . 00) for $2, 300 . 00 .
Motion carried unanimously .
Motion by Councilman Makowske and seconded by Mayor Sundland to approve
payment of $1, 516 . 95 to Edward J. Hance for June 6 , 1984 prosecutions .
Motion carried unanimously .
-The watermain connection along 29th Avenue N.E. with Roseville ' s water
system is complete , except for some minor tasks , and the City is
waiting for the joint powers agreement to be returned from Roseville ,
the Public Works Director indicated. It was also noted that there will
be approximately $40 , 000 remaining to be paid by the City following
payment of the bill submitted by Robert W. Moore Company in this agenda .
Motion by Councilman Ranallo and seconded by Councilman Makowske to
approve payment of $85 , 330 . 90 to the R. W. Moore Company in connection
with the trunk watermain construction along 29th Avenue N.E .
Motion carried unanimously .
Motion by Councilman Enrooth and seconded by Councilman Ranallo to
approve payment of $559 . 15 to the City of Minneapolis for the maintenance
and operation of a traffic semaphore located at Lowry Avenue N.E. and
Stinson Boulevard.
Motion carried unanimously .
Motion by Councilman Ranallo and seconded by Mayor Sundland to approve
payment of $10 , 648 . 18 to Brookdale Ford, Inc. for the purchase of .a .
1984 Ford squad car for the Police Department. .-
Motion carried unanimously.
Motion by- Councilman Enrooth and seconded by Councilman Makowske to .
approve payment of $2 ,950 : 00 and $1;-799 . 38 to Short-Elliott-Hendrickson,
Inc. for services in -connection .with the water service from Roseville-. .
Motion carried- unanimously •
r,
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Motion by Councilman -Ranallo and seconded by Councilman-Enrooth to
approve payment of $8, 918 . 00 to the D. W. Harstad Co. , Inc. .for
damages incurred during the April 26 , 1984 tornado to Well #5 . It was
noted this amount will be reimbursed by the insurance company .
Motion carried unanimously .
Motion by Councilman Ranallo and seconded by Councilman Makowske to
approve payment of $849 . 00 to the James R. Higgins Insurance Agency for
the Volunteer Firefighters blanket accident insurance.
Motion carried unanimously .
Rosemary Franzese reported the numerous matters the Planning Commission
had acted on during their July 17th meeting. Commission recommendations
of approval were accepted for the following:
Motion by Councilman Makowske and seconded by Councilman Ranallo to -
follow the recommendations of the Planning Commission to approve the
request from Walter Sentryz , Jr.. , 2600 California Street N.E. , for a
variance to the City Zoning Ordinance requirements which would allow
construction of a new home on the vacant lot at 3316 Highcrest Road,
with side yard setbacks of 5 feet and 8 feet (13 feet total) where a
total of 15 is required, finding, as did the Planning Commission, that:
1 . The home is expected to be of high quality and the design (Reggie
Award winner) has already been reduced by 2 feet.
• 2 . Granting the variance would still provide for total building separa-
tion of 25 . 5 and 20 . 5 feet.
3. No opposition was received from- the neighbors .
4 . Approval is contingent upon the proposed home not aggravating the
existing drainage conditions of the area.
5 . The three conditions necessary for granting a variance have been
met.
Motion carried unanimously .
Motion by Councilman Makowske and seconded by Councilman Enrooth to
accept- the recommendations of the Planning Commission that a 12 foot
front yard setback variance be granted to Gary Dooner , 2920 Silver Lake
Court; which would allow him to construct an addition to his single
'family. dwelling which would -come within 18 feet . of Silver Lake Court,
finding, as did. -the Planning Commission,' -that:
1. The lot is unique by its odd shape.
2•:. -.•The-::'property is-- located on• _a false cul-de--sac .adjacent to a high
:traffic street with dust, noise and visibility problems .
.' 3.° The -proposed "addition would reduce the impact. of the road on the
-neighborhood.
-4-
4 : ' Othe.r similar variances -have been :granted in the neighborhood.
..5 . - No persons spoke in opposition to the request. •
6'. The three conditions required for the granting of a variance have
been answered in the affirmative .
Motion carried unanimously.
The Planning Commission representative next presented a request from
Ruth Smith, 3334 Edward Street N.E. , for Council ' s ordinance interpre-
tation which would allow Mrs . Smith to construct a single family dwell-
ing on her tornado damaged property using the property frontage on
Edward Street, even though her front door and street address will be
on 34th Avenue N.E. The City Manager explained that Mrs . Smith would
not need a variance if the Council interpreted that the short side of
her corner lot be considered the front yard for setback purposes . If
the Council does not wish to interpret it in that way, Mr. Childs
added, Mrs . Smith would need a 15 foot rearyard variance to .build this
house on the lot because it is a substandard size lot. in that case ,
a hardship would be established to justify granting the variance .
The Council consensus was that this specific request did not need a
variance. Councilman Makowske questioned whether a clarification of
the City ordinances would be needed. Mayor Sundland responded that to
do so, the Planning Commission would be requested to research the
interpretation and make a recommendation to the Council .
Planning Commission member Franzese wondered whether the interpretation �.
could be considered as a policy rather than going through the process
of an ordinance change. Councilman Ranallo suggested that it would be
difficult to define in the ordinance and should perhaps be considered
on a case-by-case basis .
Mayor Sundland agreed with Councilman Ranallo' s assessment and indicated
he, too, felt the Council ' s interpretation should be on a case-by-case
. basis . The Mayor also indicated he felt this particular request does
meet the neighborhood design conditions , which would be an important
consideration for requests of this type .
Motion by Councilman Ranallo and seconded by Councilman Enrooth to
interpret the request by Ruth Ann Smith , 3334 Edward Street N.E. , that
her front yard be -considered to face Edward Street following . construction:-
of her new home , rather than on 34th Avenue N.E. , where her front door.
and street address will be and that, therefore , as- recommended by the ..
Planning Commission,. a variance will not be required.
Motion carried unanimously.
The request for a conditional use permit from Faith United Methodist .
Church, 2708. 33rd- Avenue !N.,E,: , was.,.,discussed next.- The church pro-
.poses an. 800 square.•.foot expansion to their sanctuary in conjunction
with the reconstruction of ..their .tornado ravaged building complex,
-stated Commissioner:.Franzese,;•• .� They have- also proposed ,to, increase their•
parking capacity from 60 . to '84 spaces. Planning ;-Comimission members .
-5-
recommended -the church delete five of • the proposed parking spaces .to
• increase the play area .
Mayor- Sundland noted the church has proposed. sufficient parking spaces ,
even with th-e deletion, and asked George Wagner, who. was present to
represent the church, if this was acceptable to church officials .
Mr.- Wagner responded that the request from the Planning Commission for
increased play area was very agreeable to them.
The City Attorney suggested the three findings required by the City
Ordinance for granting a conditional use permit be added to the Plan-
ning Commission' s findings in the Council's motion for approval .
Motion by Councilman Makowske and seconded by Councilman Ranallo. to
accept the recommendation by the Planning Commission to grant approval
for a conditional use permit and parking plan to Faith United Methodist
Church for an 800 square foot expansion of their church sanctuary and
an increase in their parking capacity from 60 to 79 spaces , finding,
as did the Planning Commission, that:
1 . The proposed conditional use is one of the conditional uses specifi-
cally listed for the zoning district in which it is to be located.
2 . The proposed conditional use will not be detrimental to the health ,
safety or general welfare of persons residing or working in the
vicinity or injurious to property values or improvements in the
• vicinity .
3. The proposed conditional- .use is necessary or desirable at the above
location to provide a service or a facility which is in the interest
of public convenience and will contribute to the general welfare
of the neighborhood or community .
4 . No objections were received to the proposal.
5 . The 79 parking spaces will bring the property into closer compliance
with parking ratio requirements .
6 . Approval would allow rebuilding of a substantial , high quality
church building which would be an asset to the City .
Motion carried unanimously.
The- Council next considered the request for a variance and conditional
use permit from the .St. Anthony Health Center, 3700 Foss Road N.E. The
Health Center is proposing an 84 unit apartment complex to be built .on .
the vacant property immediately west- of the rest home on County. Road "D" ,
which would require . a conditional use permit. The new addition - is .
proposed to have a height of 4 stories or 42 feet, where -3 stories are
allowed: by the Zoning Ordinance and a total of 149 units on the site ,
where••l'19, 'are allowed by City-Ordinance , therefore, a variance would -
be required for these aspects -.of the request.
• David Frank, the architect 'f:or. 'the proposed 84 unit construction ,by
the Health Center, was present to :'ou.tline the proposal to the .Council .
The Mayor indicated he has thoroughly reviewed the. proposal and.
believes it to be -a fine addition to the community. Councilman Ranallo
indicat-ed •he is in agreement with the Mayor 's opinion.
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Councilman Makowske queried . :-Mr.. Frank regarding setting precedent in
approving the request for four stories on the site . She questioned
whether future plans for. the . Health Center might include adding stories •
onto the present building. Mr: Frank responded that the present one
and two story buildings are not structurally capable of. an additional
one or two stories .
In answer to Mayor Sundland' s. question concerning how the proposed,
building would compare in site line .with the existing building, Mr.
Frank indicated that Chandler Drive drops down along 37th so inevitably
the building will appear higher on Chandler.
Councilman Enrooth wanted further. clarification on the drainage problem
mentioned in the City Manager 's July 19th memorandum. Mr. Frank stated
the Rice Creek Watershed District wants a drainage pond at the site
and the architect will comply . In addition, there will be overflow
into the storm sewer off Chandler . The architect proceeded to demon-
strate how his company will construct the drainage system on a large
drawing of the plans he had brought to the meeting . He also indicated
on the drawing that the proposed building will consist of four stories
until it reaches the east and north side where it will be, in effect, a
five story building containing a walkout on the bottom floor.
Motion by Councilman Ranallo and seconded by Councilman Enrooth to
accept the Planning Commission recommendation to approve the conditional
use request from St. Anthony Health Center, 3700 Foss Road N.E . , for
the construction of an 84 unit apartment complex to be built on the
vacant property immediately west of the Rest Home on County Road "D" •
and variance requests for 4 stories or 42 feet, when 3 stories are
allowed by Ordinance and 149 units where 119 are allowed by the City
Zoning Ordinance , finding , as did the Planning Commission, that:
1 . The three conditions required by the City Ordinance in granting a
conditional use permit have been satisfied.
2 . That the three findings required for the granting of variances have
been made .
3 . No opposition to the request was received.
4 . The proposal is .for market rate semi-independent living apartments
in conjunction with the existing `65 unit nursing .facility and the
applicants have addressed:
a. unit size (650+ to 800 square feet) ;
b: street access - service access and turn around;
c. Joint use of parking;
d. soils and site drainage;
e . shared facilities ;
f. health and safety provisions,-: including fire protection; -
g. handicapped access;
h. . building height . .(not_ to exceed 42 feet at grade) ;
i. building appearance;
j . landscaping;
k.' floor area ratio and open space.
5. -The building height adequately . allows open space and the siting .
addresses a unique soil and drainage problem.
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6 . The unique use of the buildirig' in conj unction .with the adjacent
nursing home.
7. That the development be per the site plan submitted .
Motion carried unanimously.
The Planning Commission representative reported that the public hearing
for the 2 foot sideyard variance request from Eugene DeKanick , 3109
Wilson Street N.E. , had changed during their last meeting to that of
discussing whether the proposed .addition to the DeKanick home could be
defined as a. "bay" , thus not requiring a variance . Commissioner Franzese
informed the Council that the vote of the 5 Planning Commission members
present at that meeting was 3 to 2 in favor of recommending the defini-
tion of the DeKanick ' s addition as a "bay" .
Mrs. Pat DeKanick- was present to enumerate the reasons for the DeKanick 's
belief that their proposed addition should be considered a bay . She
stated she had done considerable research on its definition and had
concluded they were correct in their conclusion that the structure is
a bay in that it is a cantilevered; 20 " wide with a 4 inch overhang ,
addition , and not an extension of the existing structure. In her
research, she had contacted several contractors , who had agreed that in
their business the addition would be termed a bay. She presented
pictures of other residences in St. Anthony which had only as much or
less than the distance they are, proposing between their structures . She
also presented two letters from contractors indicating their agreement
that the proposed structure was, indeed a bay. Mrs . DeKanick- said they
had built their home in 1959 on a smaller than average lot. She indicated
she feels that with all the supporting information she has submitted, the
Ordinance has been satisfied and a variance would not be required.
Mayor Sundland questioned the 4 inch overhang , which Mrs . DeKanick
indicated they- would not extend beyond the roof line . She also emphasized
the fact that the windows to be installed in the bay would not face
the neighbor' s house wall, but would face the garage .
A neighbor of the DeKanick ' s , Mr . Harold Root, 3107 Wilson Street N.E. ,
was present to oppose the DeKanick' s request . Mr. Root' s first comment
was directed at the fact that they had received incomplete prints of the
proposed structure and felt- he was never given the proper dimensions of
the addition , i .e . , the most recent print he received showed the addition
to be 24 inches wide as opposed to the revised 20 inch width. He
maintains that the proposed addition is an extension of the dining room
and not a bay . He also commented that "If this request had been sub-
-; mitted as is and not identified at all for approval , if it met the
requirements , it could be built and if it didn' t meet the requirements
it couldn' t be built." He feels that "probably the sole purpose of term-
ing this a bay i.s to circumvent the law" . He does not feel this is a
good, neighborly practice , and said he had the support of _other neighbors .
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' Mayor Sundland stated- that after examining the question,, the .matter had
been referred to the City Attorney for an. opinion.
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Mr'.. Soth opined that ordinance interpretation, such as in this case ,
where the City Ordinance does not give specific definition, must
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ultimately be made- by the City Council . He went on .to further state
that the real issue as far as the City Council is concerned, is what,. i ro
their opinion, did-:-the Council mean when that section of .the Ordinance
was approved. Regarding the dictionary definition of the word bay,
that definition may be taken into account, but the Council ' s decision
should not be based solely on that, the -Attorney added.
Mr. Soth, when speaking on this specific request, said the issue appears
to be that the addition would be larger than usual , yet it is within ,the
parameters outlined in the Ordinance. Of relevance are the facts that
the proposed addition is cantilevered, is a projection from the base
building, and the roof line will not be altered. The main argument by
the opposition is that the addition is too large- to be a bay and it is
not curved, the City Attorney- noted.
Councilman Enrooth reiterated the City Attorney ' s opinion that the
Council must decide what was intended by the Ordinance makers , in that
no size limitations or specific definitions are outlined in the
Ordinance . -
The City Attorney noted that in this case windows are proposed to be
installed in the bay , however, they are not necessary to constitute a
bay. He reiterated the Council ' s decision rests on whether this design
would constitute a bay as intended in the City Ordinance .
Mr. Root asked Mrs . DeKanick if the bay would extend into the porch
addition, whereupon Mrs . DeKanick indicated they propose to extend the
back wall 2 feet. Mr. Root also asked if the DeKanick' s could install
an awning on the window of the bay in the future because the sun is
a hardship . The Mayor pointed out that that would make the projection
closer- than 3 feet from the property line , and thus would not be
allowed.
The City Attorney said the Ordinance does not specifically address
awnings in that section, but agreed with the Mayor that Ordinance inten-
tion is not to have any projection within 3 feet of the property line .
He suggested that in the future, the Council may desire a more specific
definition in the Ordinance, but for this case they must decide in their
own minds what their interpretation will be .
Councilman Enrooth asked exactly what constitutes an encroachment .
Mr.- Soth indicated that in legal terms an encroachment is something
which extends across a property line . He emphasized the word, in this
case, should be taken into context and "encroachment" is actually an
extension. As such, "encroachment" has no significance in this case .
Mr. Root inquired if it would be -the proper time for him to ask if he
could erect a privacy -fence on the property line. In response, Mayor
-.Sundland told Mr. Root he could obtain a permit to build a six foot
privacy fence, - if he' so desired. The Mayor also indicated he did not.
feel the applicant would need a variance because the definition of- a
bay in relation to the City Ordinance would be, met.
Councilman Makowske felt that that is the correct interpretation by the•
"'Council ' in that the Ordinance does not define sizes , the request will
not change-' the roof line and the proposed addition will not extend into
the yard. She noted, too, that the DeKanick ' s or any subsequent owner
should not be allowed to add an overhang in the future.
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Mayor Sundland asked the Council members if they wanted to deal with- the
interpretation of bay on a case-by-case basis or further clarify the- -. .
definition -in the -Ordinance . The Council consensus was that the
definition. of bay in the Ordinance does not need clarification and they
do not foresee many situations of this type arising in the future . The
"? Mayor added that the Council ' s decision can, of course, be challenged.
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In response . to Councilman Ranallo ' s question directed to Mr. Root,
Mr. Root indicated it would be a hardship on him because every other
neighbor is at least 5 feet from other neighbor ' property lines and
he feels the DeKani-ck ' s are asking for preferential treatment. Mr . Root
added that he thinks 12 feet is too close for open space between home
structures and reiterated he only wants "due process of law" .
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Motion by Councilman Makowske and seconded by Councilman Enrooth to
a accept the Planning Commission recommendation that the DeKanick pro-
posal for a 20" X 14 ' addition to the south of their home at 3109
Wilson Street N.E. to be cantilevered from the main structure , be
interpreted as a bay in relation to the City Ordinance and, therefore ,
would not require a variance .
Motion carried unanimously .
Councilman Marks arrived at this time .
Councilman Makowske stated that she had been asked to request that the
Council consider a suggestion regarding the City installing a water
slide at Central Park. -
The June Fire Department report was ordered filed as were the Play
Financial report and the July 17 , 1984 staff meeting notes .
Bids for the purchase of a Doppler radar receiver/transmitter unit were
advertised and one bid was received by the City . Councilman Ranallo
questioned whether the City had sufficient money to cover the legal
fees required for this matter and was told by the City Manager that
there should be enough money when time for payment occurs .
Motion by Councilman Ranallo and seconded by Councilman Marks to accept
the bid from the Kavouras Company for the purchase of a Doppler radar
receiver/transmitter unit, subject to the conditions listed in the
specifications , for $68, 186 . 00 .
Motion carried unanimously .
Motion by Councilman Marks and seconded by Councilman En_ ro_ oth to approve
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the' second reading of Ordinace 1984-003 .
ORDINANCE 1984-003
AN ORDINANCE AMENDING ORDINANCE 1982-009 , KNOWN AS
THE CABLE COMMUNICATIONS ORDINANCE
. Motion carried unanimously .
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-..Motion by Councilman Ranallo and . sedonded by Mayor -Sundland to adjourn •
the meeting at 9 : 03 P.M.
.Motion carried unanimously.
Respectfully submitted,
Connie Kroeplin,
Acting Secretary
Mayor
ATTEST:
City Clerk
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