HomeMy WebLinkAboutPL PACKET 11191996 Meeting Sheet
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Folder: PL PACKETS 1996
Document: PL PACKET 11191996
CITY OF ST. ANTHONY
PLANNING COMMISSION AGENDA
NOVEMBER 19, 1996
7:00 P.M.
COUNCIL CHAMBERS
I. CALL TO ORDER.
II. ROLL CALL.
III. APPROVAL OF NOVEMBER 19, 1996 PLANNING COMMISSION AGENDA.
IV. APPROVAL OF OCTOBER 15, 1996 PLANNING COMMISSION MINUTES.
V. DESIGNATE PLANNING COMMISSION REPRESENTATIVE TO
NOVEMBER 26, 1996 COUNCIL MEETING.
VI. PUBLIC HEARING.
A. 96-18 -- Conditional Use Permit, Milliam-Magnuson VFW
WITHDRAWN 11/15/96.
B. 96-19 -- Variance for R-1 Lot Width, 3216 - 32nd Ave. NE .
VII. OTHER BUSINESS.
A. Review of proposed Amendment to the OPUS Sign Plan for Cub Foods.
Store.
B. Review of the Amendment to Chapter 16 re: Setback Requirements
for Shopping Centers.
VIII. COMMENTS.
A. Commissioners.
B. Staff.
1 . December Public Hearings.
A. None.
2. Comp. Plan Update Task Force.
IX. ADJOURNMENT.
1 CITY OF ST. ANTHONY
2 PLANNING COMNIISSION MEETING MINUTES
3 OCTOBER 152 1996
1
4 L CALL TO.,ORDER/PLEDGE OF ALLEGIANCE.
5 The meeting was called to order and the Pledge of Allegiance was led by Chair Bergstrom at 7:00
6 P.M.
7 H. ROLL CALL.
8 Commissioners present: Chair Bergstrom; Commissioners Franzese, Grondorchin`Horst,
9 Makowske,and Thompson.
10 Commissioners absent: Commissioner Delmonico.
11 Also present: Kim Moore-Sykes,Management Assistant and Alike Mornson, City
12 Manager.
13 ILL APPROVAL OF OCTOBER 15o 1996 PLANNING COMIVIISSION AGENDA.
14 Motion by Franzese, seconded by Gondorchin,to approve the Planning Commission Agenda for
15 October 15, 1996 with the following change:
16 Under Item VII. Comments. Add B. 2. b. Discussion of Joint Work Session with City Council
17 Prior to October 29, 1996.
18
19 - Motion carried unanimoush
20 IV. APPROVAL OF THE SEPTEMBER 17, 1996 PLANNING COMMISSION MEETING
21 AW(UTES.
22 Motion by Gondorchin, seconded by Franzese,to approve the September 17, 1996 Planning
23 Commission Meeting minutes as presented.
24 Motion carried unanimously..
25 V. DESIGNATE PLANNING COMIVIISSION REPRESENTATIVE TO OCTOBER 229 1996
26 COUNCIL MEETING.
27 Commissioner Thompson was appointed as the Planning Commission representative for the
28 Tuesday, October 29, 1996, City Council meeting.
29 VL PUBLIC HEARINGS.
30 A. Rear Yard Variance Re_t nest; St Anthony Unocal Service Station. Roger Bona, 2801
31 Kenzie Terrace._(96-1
32 Chair Bergstrom opened the public hearing at 7:07 p.m.
33 It was noted that Commissioner Makowske would not participate in discussion or voting on this
34 item to avoid a possible conflict of interest.
35 Ms.Kim Moore-Sykes,Management Assistant reported Roger Bona,the owner of the
36 commercial property at 2801 Kenzie Terrace, is proposing to demolish the old Johnson Meat
Planning Commission Regular Meeting Minutes
October 15, 1996
Page 2
1 Market building that is part of his property and reconstruct a 4,000 square foot building in the
2 same footprint to house servicetrepair bays so that he may expand his service station business.
3 Currently, the meat market building is approximately 10 feet into the side yard setback,which for
4 commercial properties adjacent to residential areas, is 10 feet shy of the required side yard setback
5 of 20 feet (1635.05, Subd. 7).
6 Also, because the building is in the setback,by definition of the City Ordinance(Section 1660),
7 this is a non-conforming structure. As such the Ordinance requires the discontinuance of a non-.
8 conforming structure should there be a change to that structure.
9 Mr. Bona is proposing to reconstruct a building that will be more to his needs for his service and
10 repair business. He investigated the option of renovating the old Johnson Meat Market,but trying
11 to bring the building up to the current building code requirements was more expensive than
12 tearing down the existing building and reconstructing a more usable facility.
13 He has considered several other options,but he feels this one is more cost effective and less
14 disruptive. He was concerned that if the building became an addition to the existing service
15 station, it would restrict traffic flow and void the parking variances he had already secured.
16 -Mr.Bona applied for and received approval in June for a conditional use permit for the expansion
17 of the building and parking variances. Mr.Bona will not require additional consideration for
18 parking with this proposal.
19 Ms.Moore-Sykes noted a memorandum which addressed the issue that this proposal was
20 different from what was being proposed at the time the public hearing notice went to the paper.
21 Mr. Bona is proposing to demolish the meat market rather than renovate it. Upon consultation
22 with the City Attorney, he asked if anyone had called about the proposal, one way or another. To
23 date, no one has called. City Attorney advised that since no one has called, it may not be an issue
24 but if residents show up at the meeting tonight, it could be. He also suggested that Ms. Moore-
25 Sykes call Mr. Bona and inform him of the problem with the notice and let him make the decision
26 to proceed or wait. Ms. Moore-Sykes stated she had done so and Mr. Bona stated he wanted to.
27 go on with the public hearing as no one from the neighborhood will object to the new plans.
28 In discussing the public notice, City Attorney also brought up the fact that this is not a rear yard
29 issue, but really a side yard issue according to the definition of a front yard in the Ordinance. He
30 was also concerned that the City is considering allowing a non-conforming structure to be
31 replaced.
32 Ms. Moore-Sykes stated Staff is recommending approval of the 10 foot variance. Mr.
33' Bona has stated that this proposal allows him to continue to use his property to its best
34 use. It will not be detrimental to surrounding properties and will contyribute to the
35 redevelopment efforts of the City.
Planning Commission Regular Meeting Minutes
October 15, 1996
Page 3
1 Mr.Bona, owner of the property at 2801 Kenzie Terrace, stated he was present this evening to
2 introduce the builder to the Planning Commission. He stated he felt the specific pattern of the
3 development was good for his business and also for the neighborhood. He submitted a letter to
4 the Planning Commission which contained signatures of adjacent and very close neighbors in
5 support of the project.
-.6 Commissioner Franzese asked if there was a reason Mr. Bona was using the same footprint for
.7 rebuilding.
8 Mr. Bona stated he was dealing with an area that was illogical and hard to put to good use. The
9 positive side is the development is creating a building that will flow with Kenzie Terrace rather
10 than jut out to a point.
11 Mark Murlowske,Belair Builders, stated his company had tried to do their best for Roger Bona
12 and the City of St. Anthony. The placement of the building as it exists currently has worked well
13 for quite some time. The hardship in this development is that this is a comer lot with three street
14 frontages. He stated if the development tried to attain a 20 foot setback on the west side it would
15 interrupt the traffic flow and could cause a potential safety hazard.
16 Chair Bergstrom asked if the parking on the site will change.
17. Mr.Murlowske stated the parking on the site will actually improve with the new site plan. The
18 arrangement will encourage people to park on the site.
19 Chair Bergstrom asked if the resident directly to the west of the site had signed the letter Mr.
20 Bona had submitted. Mr.Bona stated he had.
21 Mr. Murlowske stated the previous proposal which attempted to save the building and rework the
22 Iot attributed to the building having to be higher. The current proposal will have a larger footprint
23 and will allow the building height to be reduced from 27 feet to 16 to 18 feet. This will be better
24 for the neighborhood. He explained the exterior of the building will match the existing exterior
25 and will contain stucco, wood and brick.
26 Paul Archambault,2716 Pahl Avenue N.B.;stated he had resided at this address for over 16 years
27 and.had spoken in behalf of Mr. Bona at the time of his last renovation and addition. He stated
28 Mr. Bona is a thoughtful business owner who does a good job of addressing the aesthetics of a
29 service station so close to residents. Mr.Bona is conscientious about his business hours and does
30 not interfere with the residential area. Mr. Archambault stated he had spoken with many of the
31 neighbors in the area and they feel this is a great improvement over the old meat market building
32 the way it stands now. He commended Mr.Bona for spending private,money to upgrade the
33 corner. He felt the Planning Commission should work with Mr. Bona and allow the variance.
34 W. John Jadinak, 2805-27th Avenue N.E.,,stated he was in favor ofthe proposal.
Planning Commission Regular Meeting Minutes
October 15, 1996
Page 4
1 Chair Bergstrom closed the public hearing at 7:21 P.M.
2 Commissioner Gondorchin stated he favored approval of the proposal but noted City Attorney's
3 concern of removing one non-conforming structure and replacing it with another.
4 Chair Bergstrom stated he would have concerns regarding that issue if this were an easier lot to
5 work with. In working with what is available, he felt this was a reasonable development for the
6 City. Under the circumstances he was inclined to support the variance.
7 Commissioner Horst stated he was concerned with the non-conforming issue. He noted however,
8 that he felt this proposal was in the spirit of redevelopment of the area and the Planning
9 Commission should find a way to grant approvaL
10 Commissioner Franzese stated once the building is leveled the non-conformance will be gone.
11 The Planning Commission will then only be addressing the allowance of a new non-conforming
12 structure.
13 Chair Bergstrom reiterated that Commissioner Franzese was stating that once the non-conforming
14 structure is demolished, it will be no different than a builder requesting to build on a vacant lot
15 within the mandated setbacks and asking for a variance to build ten feet closer to the west
16 property line than City Code allows. He stated he had read the Code several times and it is
17 difficult to interpret. He stated he understood the intent but was not certain if this decision was
18 bound to the Code if interpreted as stated by Commissioner Franzese.
19 Motion by Gondorchin, seconded by Thompson,to recommend City Council approval of the
20 request for a 10 foot side yard variance and a variance to continue the non-conforming use for St.
21 Anthony Unocal Service Station,Roger Bona, 2801 Kenzie Terrace as it meets the variance
22 criteria as follows:
23 1. Strict enforcement would cause undue hardship as this proposal will not alter the character
24 of the area and economic interests are evident but are not the primary consideration.
25 2. Circumstances are unique due to the configuration of the lot.
26 3. The proposal is in the spirit of revitalization and redevelopment of the City of St. Anthony.
27 4. There was no opposition form neighboring property owners but in fact there was support.
28 5. The design offers potential safety improvements for motorists.
29 6. The building will be aesthetically pleasing due to the lower profile.
30 Vote on the motion: Bergstrom,Franzese, Gondorchin,Horst, and Thompson voted aye.
31 Commissioner Makowske abstained.
32 Motion carried.
33 Chair Bergstrom noted this issue will be considered at the October 22, 1996 City Council
34 meeting.
Planning Commission Regular Meeting Minutes
October 15, 1996
Page 5
1 B. Side Yard Varian-Request-Assaad Hark 2914»36th Avenue N.E. (96-16.
2 Chair Bergstrom opened the public hearing at 7:31 P.M.
3 Ms. Moore-Sykes reported Assaad Harp the owner of the property at 2914-36th Avenue N.E,,
4 has submitted a request for a side yard setback variance of 7.5 feet so that he may be able to build
5 a 28 foot by 14 foot addition to the existing porch on the south side of his house. The proposed
6 addition would allow the owner to make the current porch more useable and will be in line with
7 the principle structure.
8 The required setback for this lot is 30 feet because it is adjacent to 36th Avenue N.E, and Silver
9 Lake Road. The existing home sits 30 feet from 36th Avenue N.E. but is only 15 feet from Silver
10 Lake Road. The home immediately to the north of the subject property also sits 15 feet from
1 I Silver Lake Road and the home immediately south of the subject property is 30 feet from Silver
12 Lake Road. The City Ordinance states that the structure must be 30 feet from an adjacent street.
13 The owner would lice to request that the side yard have a depth equal to the greater of 30 feet or
14 a distance equal to the average of the two adjacent lots. If the average of the two adjacent lots
15 can be used to calculate the variance needed for the construction of this addition,then the setback
16 would be 22.5 feet and Mr. Hark would need a 7.5 foot variance.
17 The house is situated on a 10,200 square foot corner lot at 36th Avenue N.E. and Silver Lake
18 Road. The construction of this proposed addition will not impact the lot coverage requirement.
19 Once the project is complete,the total footprint of the residence will occupy 2,167.5 square feet,
20 or 21% of the total lot square footage. The City Ordinance restricts lot coverage to 35% and Mr.
21 Hark does maintain that requirement with the proposed addition.
22 As they indicated in their letter submitted with the application,an addition to the porch would
23 give them much needed living space and allow them to better utilize their property. They have
24 contacted their immediate neighbors that would be impacted most by this addition and received
25 favorable responses from them. Staff has not received any information from anyone in the
26 neighborhood who objects to the proposed addition.
27 Ms. Moore-Sykes stated Staff is recommending approval of the variance request of 7.5 feet in
28 order to construct an addition to an existing porch provided that the applicants complete the
29 construction within twelve months as stipulated in the City Zoning Ordinance. This addition
30 would provide more livable space for the owner and his family. The construction of the addition
31 would be such that it would not extend beyond the wall of the existing structure, it would blend
32 with the existing structures and would buffer backyard activities from Silver Lake Road_
33 The applicant has demonstrated hardships that make it difficult to improve their property without
34 a variance. This situation is unique for the following reasons:
♦ p
Planning Commission Regular Meeting Minutes
October 15, 1996
Page 6
1 1. The property has the principal residential structure already sitting in the side yard setback.
2 The principal structure was built in 1961,before the City's zoning ordinances were
3 codified.
4 2. This property is also a corner lot, which through setbacks, limits the buildable area
5 Chair Bergstrom asked if this property is subject to the County setback requirements. Ms.
6 Moore-Sykes stated the property is.
7 Chair Bergstrom asked if the addition would be located in the County setback if the variance was
8 granted. City Manager Mornson stated it would not.
9 Assaad Hark, 2914-36th Avenue N.E., stated this proposal would add valuable space for his
10 family of five. He has done the construction plan and Sawhorse Builders will do the construction
11 which will be completed on time as required.
12 Commissioner Makowske stated he had briefly looked at the property and asked if the grading in
13 the backyard was different from the front.
14 Mr. Hark stated he had put a retaining wall in the setback eight feet from the property line on the
15 . south side and reshaped the back yard.
16 Allen Durtsche, 2908 -36th Avenue N.E., stated he was the neighbor directly to the west of the
17 Hark property. He felt Mr.Hark was a good neighbor and had no objection to the request being
18 granted.
19 Askok Chattopadhyay, 3602 Silver Lake Road, stated he was the neighbor two houses north of
20 the Hark property. He felt Mr. Hark was a good neighbor and had completed a lot of renovation
21 since he had moved into the home. He stated he wholeheartedly supported the granting of the
22 variance to add the new structure.
23 Chair Bergstrom closed the public hearing at 7:44.P.M.
24 Commissioner Horst stated he saw no reason not to grant the variance. The hardship presented
25 met the requirements of the statute. He stated he was in favor of the variance.
26 Commissioner Franzese stated the formula which utilized the depth equal to the average of the -
27 two adjacent lots was not relevant in this request as it pertained to front yard setbacks rather than
28 side yard setbacks_ The side yard setback request is for 15 feet. She stated she was concerned
29 that the addition would be too close to a County road and would actually be in the County
30 setback.
31 Chair Bergstrom noted the County setback was measured from the center line of the road rather
32 than the curb.
Planning Commission Regular Meeting Minutes
October 15, 199E
Page 7
1 Commissioner Franzese expressed concern that Hennepin County may choose to exert it's 66 foot
2 easement as Ramsey County has done in the past.
3 Commissioner Gondorchin noted that the structure would be no closer to the road than it
4 currently is. It would only be extended. He stated this was a distinguishable characteristic of the
5 situation.
6 Commissioner Franzese stated she was concerned with the issue that the City is allowing
7 enhancement of a structure in a non-conforming area. She questioned if the City was taking on
8 any legal issues.
9 Morrison stated he did not believe the City would be taking on any legal issues. The addition will
10 be aligned with the existing structure. .
i l Commissioner Franzese stated she had spoken with Hennepin County and they own 66 feet of
12 Silver Lake Road, 33 feet on either side of the center he.
13 Commissioner Horst stated he did not see this as a problem. -He felt it would be wrong to
14 disallow this variance as this is the setback of the existing home and the same depth as many of
15 the adjacent homes.
16 Commissioner Gondorchin noted another distinguishing characteristic of this situation is that it is
17 a corner lot.
18 Motion by Makowske, seconded by Horst,to recommend approval of a 15 foot side yard setback
19 variance in order to construct an addition to an existing porch for Assaad Hark, 2914 -36th
20 Avenue N.E. provided that the applicants complete the construction within twelve months as
21 stipulated in the City Zoning Ordinance and as it meets the variance criteria as follows:
22 1. The applicant has demonstrated hardships that make it difficult to improve their property
23 without a variance.
24 2. This proposal is in the spirit of improving lots in the City of St. Anthony.
25 3. The addition will be in alignment with the existing structure and will blend with the
26 existing structures.-
27
tructures:27 4. The property is unique as it is a corner lot which limits the buildable area.
28 5. The codification of the City's Zoning Ordinance caused the problem on the lot.
29 6. The property has the principled residential structure already located in the side yard
30 setback prior to this addition.
31 7. No opposition was voiced by the neighbors.
32 Vote on the motion: Bergstrom, Gondorchin,Horst,Makowske, and Thompson voted aye.
33 Commissioner Franzese voted nay.
34 Motion carried.
Planning Commission Regular Meeting Minutes
October 15, 1996
Page 8
1 Chair Bergstrom noted this issue will be considered at the October 22, 1996 City Council
2 meeting.
3 VIL CO1V HUNTS.
4 A. Commissioners.
5 Commissioner Thompson noted the CUB Foods project and the new City Hall/Community Center
6 looked great. He also complimented the article by Roger Larson in the bulletin last week.
7 Commissioner Makowske reported he and Commissioner Franzese had been re-elected to the
8 Board of Directors of the St. Anthony City Orchestra. They have been charged to bring the
9 concerns of the Orchestra to the Comprehensive Planning process.
10 Commissioner Franzese stated she was concerned that the Hark side yard setback variance was in
11 violation of a State Law which regulated non-conforming structures. Mornson stated he believed
12 this was a local issue but Staff would investigate.
13 B. Staff.
14 1. November Public Hearings.
15 A. Conditional Use Permit•VFW Post.
16 Ms. Moore-Sykes reported the VFW Post of Minneapolis has approached the City with a
17 request to purchase the old Pizza Hut building and set up their Post in that site. The Post
is would allow members only and include charitable gambling and on sale 3.2 beer. They
19 have not yet submitted an application.
20 Mornson stated there were no plans for on-sale liquor on the north end of the City of St.
21 Anthony and he felt the property would be better utilized for retail.
22 b. Amendment to the Zoning Ordinance-Shopping Centers.
23 Ms.Moore-Sykes reported this amendment would alleviate some of the problems
24 experienced with the addition to the Tires Plus Store. It would help other facilities who
25 want to develop but not in the main structure of the mall.
26 Chair Bergstrom asked if ultimate development of Apache Plaza would be one single
27 building in the middle of the site or a series of free-standing structures.
28 Mornson stated that had not yet been determined. He noted the amendment would allow
29 the City to waive the setback requirements of the interior lot line if they so chose.
30
31 2. Joint Meeting with the City Council, October 29, 1996
32 a. Comprehensive Plan Update.
33 b. Discussion of Joint Work Session with City Council Prior to October 29,
34 1996.
Planning Commission Regular Meeting Minutes
October 15, 1996
Page 9
1 Commissioner Makowske stated that after the discussion at the previous Planning
2 Commission meeting, he was under the impression that the Planning Commission and the
3 City Council would hold a joint work session prior to the meeting on October 29, 1996,to
4 get a better sense of what they would want included in the Update before being influenced
5 by BRW, Inc.
6 Commissioner Horst stated he also assumed there would be a joint meeting to discuss the
7 physical aspect of what the City would desire upon completion of the process.
8 Ms. Moore-Sykes stated she had checked the references of Suzanne Rhees, and without
9 fail, everyone had stated she was a good listener who incorporated the ideas, concerns,
10 and wants of the City into the final document.
11 Mornson noted an agenda for the October 29, 1996 joint meeting was included in the
12 packet this evening. He felt all these issues would be addressed M—Item 2.0verview of the
13 Plan, of the agenda. He reported George Wagner and Jerry Faust had been appointed to
14 serve on the Committee for the Update. He noted it was yet to be determined who else
15 would be included on the Committee. He suggested this be discussed.October 29 after
16 BRW, Inc..is finished.
17 Ms. Moore-Sykes noted she had distributed a list of date of expiration of term of the
18 Commissioners. James Gondorchin and Richard Horst's terms expire on December 31,
19 1996. An article was placed in the St. Anthony newsletter advertising the fact that these
20 terms were expiring and encouraging interested parties to contact City Manager. If the
21 Commissioners are interested in serving another term,they are required to reapply to City
22 Manager in writing prior to December 15, 1996-
23 IX. ADJOURNMMNT.
.24 Motion by Horst, seconded by Makowske,to adjourn the meeting at 8:30 P.M.
25 Motion carried unanimously.
26 Respectfully submitted,
27 Lorri Kopischke
28 TimeSaver Off Site Secretarial
ain thon
ills e
-Administrative Offices
3301 Silver Lake Road, St. Anthony,.Minnesota 55418-1699
(612) 789-8881 FAX (612) 781-9323
November 15, 1996
Mr. Harry L. Jasicki
Milliam-Magnuson VFW #182
2727 Central Avenue NE
Minneapolis, MN 55418
RE: 96-018 — Conditional Use.Permit, Milliam-Magnuson VFW
Dear Mr. Jasicki:
This letter is to serve as a confirmation of a telephone conversation I had with Mr. Hanlon
this morning whereby Mr. Hanlon asked that I withdraw the Conditional Use Permit
request from the November 19, 1996 Planning Commission meeting agenda. He indicated
to me that negotiations to rent the old Pizza Hut building at 3801 Stinson Boulevard have
not been completed, thus pursuing a Conditional Use Permit is premature at this time.
I have pilled your request from the agenda. Please let me know when you,have resolution
on this matter.
Sincerely,
Ki Moore-Sykes,
Management Assistant
City of St. Anthony
STAFF REPORT
DATE: November 19, 1996
TO: Planning Commission Members
FROM: Kim Moore-Sykes, Management Assistant
ITEM: 96-019 - 3216 32nd Avenue NE
Variance for Residential Lot Width
BACKGROUND:
Thomas A. Brama, potential buyer of 3216- 32nd Avenue NE, is requesting.a lot width
variance of 7 lineal feet so that he can complete the purchase of this R-1 lot. It is his
intention to demolish the current structure and rebuild a contemporary residential
structure that will conform with those in the surrounding neighborhood. He indicated to
Staff that once the home is built, he and his family intend to reside there.
The site plans submitted to Staff indicate that the structure will be built within the
setbacks as required by the City Zoning Ordinance and impervious surfaces are well within
the lot coverage requirement. The lot is 9,129 square feet, which conforms to the City
Ordinance regarding the size an interior residential lot. In reviewing the plat map of the
area, a great majority of the R-1 lots along 32nd between Silver Lake Road and Rankin
Road are between 50 and 68 feet wide.
RECOMMENDATION:
Staff recommends approval of-the lot width variance request of 7 lineal feet for the
following reasons:
1. The insufficient width of this lot makes it non-conforming and thereby .
creates-a hardship for an,interested buyer of this.property._
2. Neighboring lots have front footages that range from 50 feet to 68 feet and
were platted before the City's Zoning Ordinances were codified.
3. Without this variance, Mr. Brama would not be able to build his home on
this R-1 lot, thus preventing him from redeveloping this lot into its best and
most reasonable use.
4. The variance, if approved would not alter the essential character of the
neighborhood.
Fee:
(R-1............$ 60.00
Other.........$100.00)
CITY OF ST. ANTHONY
Petition.for Variance
Applicant:
foo w C� Q new Qr j k4--1 rA N -r -1,z
Address: ej0ASPAW Phone:
Status of applicant (owner, buyer, renter, agent, etc.): V-e-r
Street address and/or legal description of property petitioned for variance:
Zoning district in which property is located:
Request: U( V-1'uvi.le to od lo•-s ro"'r tn"c.mrl
0V\ std wktc-1 ajar a w." it, 71
Minnesota Statutes and City Ordinances require that the following conditions must be
satisfied for approval of this request. Please respond to these conditions using additional
sheets, if necessary.
1. Because of the .particular physical surroundings, shape, or topographical
conditions of the parcel of land involved, the proposed variance would relieve an
undue hardship, as distinguished from a mere inconvenience, should the
applicable ordinance be strictly enforced. sk,r ex,rtv laxcc—,A- S
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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.
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created by any persons
/n�presently having an interest in the parcel of land.
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Signature of Applicant
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MEMORANDUM
DATE: November 19, 1996
TO: Planning Commission
FROM: Kim Moore-Sykes, Management Assistant
ITEM: CUB Foods Signs
I received signage plans for CUB Foods from Rick Palmateer of Universal Signs, which are
attached. He indicated that the dimensions of the main sign are larger than originally
planned for because the sign standards have changed for this sign. CUB Foods is
requesting an amendment to the original sign plan to accommodate this change.
CUB Foods will also need an amendment for their 24-Hour Savings Sign. The dimensions
of this sign are not as great as those for the main CUB sign.
The following dimensions are from the November 15, 1994 Planning Commission Meeting
Minutes starting on page 18 and compared to the current proposal:
Nov, 1994 Oct, 1996 Difference
Main Sign, at the Entrance: 266 SF 411 SF (approx.) <145 SF>
24-Hour Savings Sign: 145 SF 212 SF <67 SF>
(Changed to "Low Price Leader)
Pharmacy Sign: 100 SF 72 SF 28 SF
South Wall Sign: 230 SF 189 SF 41 SF
Total increase of Wall Sign square footage: 143 SF.
The City Council approved of the proposed sign package on November 22, 1994 (See
attached). There appears to have been no modifications to their proposal at that time and
none were noted in the minutes.
Bill Soth advised that if CUB is interested in increasing the signage, they can ask for an
amendment to the Comprehensive Sign Plan that was approved.
Planning Commission Regular Meeting Minutes
p . November 15, 1994
Page 18
1 products will be under roofs,the 15 foot block wall with screening be provided, and there will be
2 lighting on the outside of the structures directed downward.
3 Motion carried unanimously.
4 Chair Gondorchin urged the petitioners to attend the City Council meeting on November 22,
5 1994,for final commitment of their lot split,variance and conditional use permit requests.
6 Chair Gondorchin closed this portion of the meeting at 8:49 P.M.
7 VI. ITEMS RELATING TO APACHE REDEVELOPMENT.
8 A. Review Comprehensive Sign Package for CUB Foods and Knox Lumber.
9 City Manager Mornson reported that due to the fact that this is a shopping center, C. G. Rein,
10 CUB Foods and Knox have submitted a sign package under the comprehensive sign package
11 ordinance provisions. -By submitting a comprehensive sign package, exceptions to the
12 regulations of the sign ordinances may be permitted. The purpose of handling it this way is to
13 recognize that because of the size of the mall, and the two new stores,the size of the signs will be
. .14 . .larger than allowed-by ordinance. This gives the Planning Commission and the City Council the
_5 ability to make exceptions to the sign ordinance and offer some flexibility.
16 Mr. Cavanaugh reported that Apache Plaza and the Apache Plaza pylon sign were both built in
17 1961. Since 2 new stores are moving into the mall, it is time to update the pylon sign. He
18 presented an exhibit of the proposed pylon sign. The proposed sign will be 414 square feet per
.19 side and 42 feet tall. The existing pylon sign is 440 square feet per side and 40 foot tall. In
20 addition to that, CUB will have a ground sign which will be 15 feet high and 9 foot by 12 foot
21 per side. Herbergers is located in the rear of the building and due to this, they have requested
22 that they have a sign on the north end of the center.The sign they are requesting is a ground sign
23 which would be 8 feet high with a 4 foot by 8 foot sign face. The new pylon sign would be in
24 the current pylon sign location. The CUB Foods ground sign is just off the south entrance to
25 Apache Plaza. At some point in time,there is a small site that C. G. Rein intends to develop that
26 would typically be used as a fast-food restaurant. Typically,uses like this prefer a ground sign,
27 so at this point in time, C. G. Rein is requesting approval of a ground sign that is approximately 8
28 foot tall and has a sign face of 4 foot by 8 foot.This is the overall signage plan for perimeter
29 signs.
30 Narlock explained that CUB Foods is proposing signage in three basic areas. The first is the
31 ground sign near the right-of-way of Silver Lake Road on the south entrance to the store. This
32 sign is to encourage people to use that entrance when they do shop at CUB. The other signage
33 would be located along the front of the store. The square footage of these signs is as follows:
4 The first sign,the main sign, located at the entrance of the store is 266 square feet. There is also
35 a 24-Hour Savings sign that CUB would like to have (on the opposite side of that canopy)that is
36 145 square feet. The Pharmacy sign is 100 square feet. On the backside of the building, CUB
Planning Commission Regular Meeting Minutes
November 15, 1994
Page 19
1 would like to have a sign included in the comprehensive sign package. This sign is to encourage
2 traffic that is coming from 39th Avenue and to let them know that CUB Foods is located here.
3 They could then use the drive that is located along the south end of the CUB lot. The square
4 footage on that sign is 230 square feet. As far as any other signage,there would be one along the
5 driveway,the two locations on the building,the front and back, and one also on the pylon sign
6 that Mr. Cavanaugh presented.
7 Chair Gondorchin inquired as to how many pylon signs were to be included in this package.
8 Mr.Narlock responded that there will only be one pylon sign that will be located where the
9 existing pylon sign stands. CUB would also propose one ground sign in the right-of-way, right
10 in front of the Tires Plus Store.
11 Mr. Hehr explained that the only signage that Knox would request would be on the front of the
12 building,which would show the Knox logo on the south end of the building which is
13 approximately 368 square feet in size. Above the drive-through area into the lumber yard, Knox
14 is proposing a sign that is approximately 120 square feet. The only other signs that are visible
15 would be on the inside of the product area,not visible from the street, which are mainly
.16 directional type signs. He stated that Knox is asking for approval of the pylon sign.
17 Chair Gondorchin related that this is a development on a scale that St. Anthony has not seen in
18 some time. He stated this plan is representative of the corporate signage that is going on for
19 entities such as a Knox and a CUB Food Store.
20 Commissioner Faust explained that when the Planning Commission worked on the
21 comprehensive sign package ordinance,this was exactly what they were trying to accomplish.
22 Apache Plaza is bringing the Planning Commission a total comprehensive sign package for the
23 mall. The intent of the ordinance was to be flexible,to give the major anchors of the shopping
24 center the flexibility they would need.
25 Commissioner Makowske asked if Exhibit E,which was received in the packet tonight, was an
26 actual part of the comprehensive sign package.
27 Mr. Cavanaugh responded that when the project is completed,there will be approximately 1500
28 linear feet of shopping center facade left upon which signs could be placed. Exhibit E, included
29 in the packet tonight,pertains to that part of the shopping center. In response to Commissioner
30 Makowske,he assured that there was provision for other tenants.
31 All Planning Commission members expressed approval of the comprehensive sign package
. 32 presented by CUB Foods,Knox Lumber and C. G. Rein Co.
33 Jim McNulty, St. Anthony resident, stated that he is "for" the sign package because you don't get
34 a project like this and then try to keep it a secret.
City Council Regular Meeting Minutes
November 22, 1994
Page 10
I f. Comprehensive Signage for Apache Plaza.
2 Commissioner Franzese reported that the Planning Commission expressed
3 unanimous approval of the comprehensive sign package presented by Dennis
4 Cavanaugh, C. G. Rein Co., for Apache Plaza.
5 Dennis Cavanaugh, C. G. Rein Co., reported that the existing pylon sign for
6 Apache Plaza was erected in 1961. Since two new stores are moving into the
7 mall, it is time to update the pylon sign. He presented an exhibit of the proposed
8 pylon sign. The proposed sign will be 414 square feet per side. The height will
9 be 42 feet and the width 16 feet. The existing pylon sign is 440 square feet. The
10 pylon sign will include Apache Plaza, CUB Foods, Knox Lumber, Herbergers,
11 SAV Liquor and a vacant space. The sign is constructed of steel and wrapped
12 aluminum. The faces are constructed of Lexon and plastic and the names will be
13 painted on the face. CUB Food Store is also proposing a monument sign at the
14 south entrance of the center, from Silver Lake Road. This sign will be 15 feet
15 long and 12 feet wide. ,Herbergers is proposing a monument sign at the north
16 entrance of the center. Apache Plaza is anticipating development of a fast food
17 restaurant to the north of Tires Plus and is requesting a future monument sign to
18 the south end of the center, from Silver Lake Road. Knox Lumber is also
19 requesting a monument sign to the north of Silver Lake Road,towards the middle
20 of the center. This sign will be 8 feet tall and 9 feet wide.
21 Motion by Fleming, second by Marks to approve comprehensive signage package
22 for Apache Plaza as presented by Dennis Cavanaugh, C. G. Rein Co. based on a
23 review of title easements by City Attorney and the plat subject to satisfactory
24 reviewal items and no permit for construction for any part of the project will be
25 issued,the project will not have final approval, and the project will not be
26 commenced until the requirements of Minnesota Statutes, Section 116D.04, Subd,
27 2b have been met.
28
29 Motion carried unanimously.
30 In response to Franzese, City Attorney Soth reported that the petition can be
31 withdrawn anytime before it is considered by the City Council. The petition is
32 scheduled to be considered by the City Council in one week,on November 29,
33 1994.
34 Richard Hehr,Real Estate Representative for Payless Cashways,Inc. (Knox),
35 stated that he is excited to be a part of this project. He stated that the new
36 prototype store will set a tone for the redevelopment of Apache Plaza. He •
37 reported that the new Knox building design is "user-friendly" and is a project the
38 City of St. Anthony and it's citizens will be proud of.
FPlanning Commission Special Meeting Minutes
January 30, 1996
Page 7
1 Staff recommends that the Planning Commission recommend approval of the 10 foot side yard
2 variance request made by Ste. Marie Corporation. If the variance is granted, it will not alter the
3 essential character of the property or locality. The variance request was made for the purpose of.
4 enhancing the redevelopment of the property- to return it to its reasonable and best use.
5 Because the Ste. Marie Corporation acquired this property through the deed in lieu of foreclosure,
6 they did not create the hardship that has caused them to request the side yard variance.
7 Chair Bergstrom asked for any questions of staff. No questions were raised. Mr. Scott gave an
8 overview of the area for the variance, and stated they were prepared to meet all guidelines of
9 reconstruction of wall and to move forward for Phase I.
10 Commissioner Gondorchin asked if the zero lot line is approved, what the exterior of the mall will
11 resemble. Mr. Scott responded that plans were not finalized, but it would be comparable to the
12 current Apache Plaza, and would look complete.
13 Chair Bergstrom closed the public hearing at 7:51 p.m. after no further questions were raised.
14 Motion by Gondorchin, seconded by Franzese,to approve 10 foot sideyard/zero lot line request for
15 the property known as Apache Plaza, Lot 7, based on the following rationale:
16 1. Strict enforcement of existing codes would cause undue hardship preventing the
17 redevelopment of a deteriorating and obsolete structure.
18 2. Ste.Marie Corporation acquired the property through the deed in lieu of foreclosure,
19 and the mall must remain intact and operational to honor leases of existing tenants.
20 The circumstances are unique and not created by the individual.
21 3. Granting of the variance will not alter the character of the area and makes sound
22 economic sense for the City of St. Anthony.
23 4. The wall to be constructed on the lot line, endorsed by Building Official Duane C.
24 Grace,will be constructed conforming to the Uniform Building Code, Section 504.6.
25 See letter dated December 27, 1995 addressed to Larry Hamer representing the City
26 of St. Anthony and Jack Amdal, Vice President of KKE Architects.
27 Motion carried unanimously.
28
-29 V. OTHER ITEMS.
30 A. Review Comprehensive Sign Plan
31 Ms. Moore-Sykes read the staff report:
Planning Commission Special Meeting Minutes
January 30, 1996
Page 8
1 The Ste. Marie Corporation, owner of the Apache Plaza Shopping Center has submitted plans to the
2 City of St. Anthony that is virtually the same as the Comprehensive Sign Plan that was originally
3 submitted in November, 1994.
4 The difference between this proposed sign package and the one that the Planning Commission
5 recommended for approval in 1994 is that Ste. Marie Corporation and OPUS are proposing to have
6 up to five (5) ground signs. A ground sign is being requested for lots 2, 3, 4, 5 and 6.
7 By submitting a comprehensive sign package, exceptions to the regulations of the sign ordinance
8 may be permitted. The purpose of providing this exception is to recognize that because of the size
9 of the current mall and the proposed redevelopment of additional retail areas, i.e., Cub Foods, the
10 size and number of signs will be greater than is allowed by the City's Sign Ordinance.
11 This exception also gives the Planning Commission and the City Council the flexibility that enables
12 them to look at the overall concept and make exceptions to the ordinance.
13 Chair Bergstrom asked for any questions of staff. Mr. Scott gave an overview of the proposed sign
14 package, stating OPUS agrees that signs would be eight feet in height, but is requesting a variance
15 of size,requesting 64 square feet per side. He continued the proposed center wide pylon sign would
16 be north of the current pylon, 42 feet high, and that it agrees with the specifications approved in the
17 1994 package. He continued that identifying Apache Plaza is a key issue, and that building signage
18 may vary slightly, but not greatly.
19 Mr. Scott explained all signage will conform to approved lettering, contain no neon or lighted signs,
20 etc. Mr. Scott presented renderings of proposed signage, stating they were attractive with brick and
21 stucco. He noted the signage size is important for the success of the tenants and the mall, and that
22 most cities allow more. Mr. Scott continued they were not requesting extraordinary sizes,but were
23 preparing for the requests that will come from tenants.
24 Chair Bergstrom explained for the audience the sign sizes in the originally approved package would
25 be similar to the TCF Bank sign,while this size would be slightly lower,similar to the Hardee's sign.
26 Commissioner Gondorchin inquired where the pylon sign would be placed. Mr. Scott responded it
27 would be placed slightly north of the current pylon.
28 Commissioner Gondorchin inquired if the landscaping has been finalized. Mr. Scott responded it
29 was not finalized yet, but would be minimal along Silver Lake Road to give as much visibility for
30 tenants to traffic.
31 Commissioner Horst stated his concern the current signs at Tires Plus,Taco Bell,and First Bank will
32 be different from the proposed sign package. Mr. Scott responded if those companies are interested
33 they would like to change their signage to be consistent, but stated there would be a cost involved.
I
Planning Commission Special Meeting Minutes
January 30, 1996
Page 9
1 Commissioner Horst inquired how the new pylon sign could be flexible now, as tenants are coming
2 to the project, they may want different signage. Mr. Scott responded they would not be changing
3 the.sign now because the cost would be too high; they pylon sign would suffice for the time. He
4 continued the sign package would be a marketing tool in leasing to ensure potential tenants a positive
5 sign package is in place.
6 Chair Bergstrom asked if the monument sign is approved,will OPUS create and build the sign now.
7 Mr. Scott responded they are only requesting approval for construction for a consistent approved
g package. Chair Bergstrom verified the intent is to create an opportunity for signage, but not a
9 guarantee. Mr. Scott replied that was correct.
10 Commissioner Gondorchin inquired if the Cub Foods proposed sign would be eight or 15 feet in
11 height. Mr. Scott replied the Cub Foods pylon is proposed for 30 feet, similar to the other Cub
12 Foods stores. Commissioner Gondorchin stated the eight foot height would apply to Lots 3;'4, 5,
13 and 6.
14 Commissioner Franzese inquired how the proposed Cub Foods sign compares to other store's signs.
15 Craig Nevissen, SuperValu,responded it would be a typical pylon sign, 30 feet high with a 10x13
16 foot panel. He continued the material was panaflex, interior illuminated, and would be consistent
17 with the mall. He offered a portfolio of photos for the Commission to review.
18 Commissioner Franzese inquired how it compared with other Cub Foods signs. Mr. Nevissen
19 replied it would be consistent with the other signs.
20 Commissioner Thompson inquired if Tires Plus and First Bank can receive ground signs if they
21 request one. Mr. Scott replied he has not had any conversations as of yet with tenants, so he is
22 unaware of any requests. He continued they would work to meet their requests for a consistent look.
23 Commissioner Franzese inquired how the ground sign sizes were determined. Mr. Scott replied it
24 was determined based on discussions with staff on what would likely be acceptable. He reiterated
25 the proposed size is relatively smaller than other cities,but would be adequate and would create an
26 aesthetic curbside appeal.
27 Mr. Doug Jones, 2505 Silver Lake Road, inquired if OPUS felt there was a need for additional
28 signage on Stinson Boulevard to direct traffic, as well as the orientation of the signs. Mr. Scott
29 responded OPUS would be willing to explore additional signage for efficient flow of traffic by
30 adding entry and directional signs.
31 Mr. Jones in if the Commission felt additional signage is necessary on Stinson Boulevard.
32 Chair Bergstrom responded the Commission normally responds to applicants' requests, and no
33 request was made. He continued he did not see it being detrimental to the City. Mr.Jones continued
34 he is concerned about increased traffic and felt the Commission should be proactive and make a
35 recommendation to allow for this additional traffic. He continued that new people would be driving
Planning Commission Special Meeting Minutes
January 30, 1996
Page 10
1 in the area, and would need additional signage for Cub at the rear of Cub as 50 percent of customers
2 would enter by Stinson.
3 Commissioner Horst stated if the proposed center remains as it is planned, signage would be
4 adequate. He continued if future plans are realized, signage would need to be increased.
5 Mr. Jones reiterated that people will enter Cub from Stinson. Mr. Scott responded he would be
6 unsure of sign placement, and is likely a right-of--way. He continued he would be willing to address
7 the need if it arises.
8 Commissioner Franzese indicated a stop sign is located at 39th and Stinson, and when a traffic light
9 maybe added. Mr. Hamer responded that weather permitting, they will begin installation of the
10 lights in the Spring of 1996.
11 Commissioner Gondorchin indicated he did not want to discount additional signage, but felt
12 SuperValu's judgement should be respected.
13 Commissioner Franzese asked for clarification of current wall signs and how it coincides with the
14 proposed package. Mr.Hamer stated City ordinance allows two square feet of wall signage for every
15 lineal foot, and if in conformance could be dictated in color, size, etc.
16 Motion by Gondorchin,seconded by Franzese,to recommend Comprehensive Sign Plan for Apache
17 Plaza.
18 Motion carried unanimously.
19 Chair Bergstrom stated this concluded the official business,and inquired if there were any questions
20 from the audience that could be addressed.
21 Commissioner Franzese invited the audience to come forward to see the site plans and renderings,
22 and stated Mr. Scott would be available to answer questions.
23 Mr. Jones inquired when the Rice Creek Watershed hearing would be held. Mr.'Mornson indicated
24 a date had not been set. Mr. Jones inquired when the TIF hearing was scheduled. Mr. Morrison
25 stated it would be discussed at the City Council's regular meeting, but not as a public hearing. He
26 anticipated it would be on the next month's agenda.
27 VI. ADJOURNMENT.
28 Motion by Franzese, seconded by Thompson,to adjourn the meeting at 8:31 p.m.
29
30 Motion carried unanimously.
31
City Council Regular Meeting Minutes
February 13, 1996
Page 4
I Mr. Stan Guzak, Jr.,President of the Silver Lake Homeowner's Association expressed
2 concern that if the subdivision is granted,each lot will have their own title. Opus
3 Corporation will develop the largest piece and address the drainage but the other two lots.
4 will be separate issues.
5 Mayor Ranallo indicated that was not the case. If Opus Corporation redevelops the other
6 part of the property,they will be required to install drainage ponds. This is not marked
7 on the drawing because it is not clear where it will fit in with the design. It will be
8 - included on the final plat.
9 Mr. David Greening, lawyer for Ste.Marie Corporation,explained Tires Plus is already a
10 separate legal distinct lot. Even as it sits today, it could be sold. Taco Bell is part of a
11 larger lot which will be reconfigured. He stated redevelopment of the main portion of the
12 shopping center is expected to occur and the Rice Creek Watershed District will be
13 looking at the whole area.
14 Mr. Soth concurred that a requirement of further development will be to install additional
15 pondage. The pond maintenance agreement will require the two lots to be responsible for'
16 a proportional share of the ponds now and future ponding. So if a lot is sold,the new
17' owner will still be obligated. This will run with the title of the property. The reciprocal
18 easement agreement also ties the lots together for common maintenance.
19 Motion by Marks, second by Enrooth to approve the subdivision for the property known
20 as Apache Plaza as long as all twelve issues identified in a January 24, 1996 letter to the
21 Planning Commission by legal counsel William Soth are resolved by the City of St.
22 Anthony administration.
23 Motion carried unanimously.
24
25 2. Variances for Zero Lot Line Placement and Side Yard Setback,
26 Motion by Marks, second by Faust to approve a 10 foot sideyard/zero lot line request for
27 the property known as Apache Plaza,Lot 7.
28 Motion carried unanimously,
29 3. Comprehensive Sign Packaee.
30 Morrison noted it was not reflected in the Planning Commission meeting minutes that
31 Commissioner Gondorchin motioned to approve the comprehensive sign package with
32 the exception that all proposed ground signs comply with City code. City code states the
33 maximum size allowed for ground signs is 8 feet by 8 feet. Opus Corporation is
34 requesting ground signs of 8 feet by 12 feet.
City Council Regular Meeting Minutes
February 13, 1996
• . Page 5
1 Motion by Marks, second by Wagner to approve the Comprehensive Sign Plan for
2 Apache Plaza with the ground signs at 8' X 12'. A total of 5 ground signs were proposed
3 at 8'.X 12'. Additional ground signs could be erected as allowed by ordinance, however,
4 those signs would have to meet code regulations.
5 Motion carried unanimously.
6 Mr. Jones expressed his concern about traffic. He stated he lives on Silver Lane and was
7 concerned about the additional traffic which would be generated. He asked that
8 . directional signs be installed to direct the traffic into the shopping center rather than onto
9 residential streets.
10 VIII. PUBLIC HEARING..
11 A. Vacation of Public Easements Relating to Apache Redevelopment(Resolution 96-0151.
12 Mayor Ranallo opened the public hearing at 7:39 p.m.
13 Mr. Greening explained this was an old easement document granting the City easements
14 for utilities such as water, sewer and drainage coming in off Silver Lake Road. Public
Works Director Larry Hamer felt it would be appropriate to vacate the existing easements
*6 so that when the service came onto private property it would be the responsibility of the
17 developer and owner of the property. Maintenance of the easements will be addressed in
-1.8 •the reciprocaleasement agreement and will be included as part of the plat. The only
19 exception*is the requirement for an easement created by the subdivision for the storm
20 water outlet or drain pipe. It is important to the City that the owner or developer be
21 responsible for the pipe which feeds in. The City wants to ensure that the water coming
22 out is feeding into the pond and draining correctly.
23 Mr. Soth stated he has consulted with Public Works Director Larry Hamer and he is
24 satisfied that there are not any easements that the City wants to retain. The City would
25 like to be rid of the easement as they do not want the maintenance responsibility.
26 Mayor Ranallo closed public hearing at 7:44 p.m.
27 Motion by Enrooth, second by Marks to adopt Resolution 96-015,regarding approving
28 vacating road easements within property known as Apache Plaza in the City of St.
29 Anthony.
30 Motion carried unanimously.
31
Mayor Ranallo thanked Joan Ahrens, Super Valu,and all others involved in this process
*3 for their hard work and dedication to this project.
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By Fax and Mail
Mr. Michael J. Mornson
City Manager
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
Re: Shopping Centex Setbacks
Dear Mike:
In accordance with our earlier discussions, I have prepared and enclose a
proposed ordinance relating to certain setbacks in shopping centers.
The definition of "shopping center" is similar to that which appears in
Section 1400.04, Subd. 27 of the sign ordinance (page 14,3),but the enclosed
ordinance has a somewhat broader definition than the sign ordinance.
Please let me know whether you have any questions or comments, or would
like to make any changes.
Very yours,
. 1�
William R. Soth
WRS/ms
Enclosure
09/10/96 TUE 10:33 FAX 6123407800 DORSEY-WHITNEY Q1003
CITY OF ST. ANTHONY
ORDINANCE 1996-
AN ORDINANCE RELATING TO MUqWUMSETBACKS
IN SHOPPING CENTERS; AMENDING SECTION 1635.05
OF THE ST. ANTHONY 1993 CODE OF ORDINANCES BY
ADDING A NEW SUBD: 8
The City Council of the City of St. Anthony hereby ordains:
-Section 1. Section 1635.05 of the City Code is amended to add a new
subdivision to read as follows:
Subd. 8. Shopi2ing Centers. The minimum yards set forth in this Section
1635.05 will not apply to any lot line of a lot in a shopping center if (i) the lot
line adjoins either another lot within the shopping center or a driveway or
parking area within the shopping center, and (ii) the Council has approved a
site plan for a building to be constructed on the lot with a different setback
from such lot line. In such cases, the setback approved by the Council shall
apply so long as the building exists on the lot. For purposes of this
subdivision, a "shopping center" means any group of four or more retail or
service establishments on one or-more contiguous tracts of land in single'
ownership, or in multiple ownership but subject to a reciprocal easement
agreement governing common access and parking.
Section 3. This ordinance shall be in effect as of the date of its publication.
First Reading:
Second Reading:
Adopted:
Mayor
ATTEST:
City Clerk
Published in the St. Anthony Bulletin on the day of . 1996.
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November 14, 1996
To: Members of the St.Anthony PlannigIg Commission
-Prom: Doug Bergstrom, Chair
RE: Makeup of Comprehensive Plan Task Force
Attached is a proposed list of the members of the St. Anthony Village Comprehensive Plan Task
force. Please review it and bring your thoughts regarding group composition as well as
individuals within each group to the 11/19/96 Planning Commission meeting.
I apologize for not having this dtscusslon at our joint meeting with the City Council last month; It
escaped me at the time.
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COMPREHENSIVE PLAN TASK FORCE LIST
3 - 4 Planning Commission Members
2 Council Members
Jerry Faust and George Wagner
1 Industry Representative
1 Retail/Commercial Representative
1 School Representative
Kim Johnson
1 Service Organization Representative (Kiwanis or Lions)
Realtor
Jeanette Solie
1 Healthy Youth/Healthy Community Representative
1 Multi-family/Housing Complex Representative
2 At-Large Representatives
Anthony Kaczor and Constance Kozlak
15 Members for the Task Force (No more, maybe less?)
2 Staff
Mike Mornson and Kim Moore-Sykes
2 BRW. Inc
Bill Weber and Suzanne Rhees
19 Including Task Force Members, Staff and BRW
representatives
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1 CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING N lNUTES
3 OCTOBER 8, 1996
4 I. CALL TO ORDER/ROLL CALL'.
5 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by Mayor
6 Ranallo.
7 II. ROLL CALL.
8 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner and Faust.
9 Also Present: City Manager Michael Morrison.
10 Councilmembers Absent:None.
11 III. APPROVAL OF OCTOBER 8, 1996 COUNCIL AGENDA.
12 Motion by Wagner, second by Marks to approve the October 8, 1996 Council Agenda as
13 presented.
14 Motion carried unanimously.
15 IV. APPROVAL OF;SEPTEMBER 24, 1996 COUNCIL MINUTES.
16 Motion by Marks, second by Enrooth to approve the September 24, 1996 Council minutes with
17 the following changes:
18 Page 9, Line 9: Replace"selected"with"started the process of selecting".
19 Motion carried unanimously.
20 V. LICENSES/PERMITS/PETITIONS.
21 Motion by Marks, second by Wagner to approve the following licenses:
22 Heating Licenses:
23 G R Mechanical, Rogers, MN/CUB Foods
24 Comfort Mechanical,Brooklyn Park, MN/working at 4021 Silver Lake Terrace
25 Contractors License:
26 Specialty Systems, Inc., Burnsville,MN/working at Herberger's
27 Hartman Excavating, Inc.,Victoria, MN/working at Gross Golf Course
28 Motor Vehicle Starting License:
29 St. Anthony"66" Service (1-Vehicle)
30 Sroga's Automotive Services, Inc. (5-Vehicles)
31 Motion carried unanimously.
32 VI. PRESENTATION OF CLAIMS.
33 Motion by Marks, second by Enrooth to approve the following claims:
City Council Regular Meeting Minutes
October 8, 1996
Page 2
1 A. St. Anthony Liquor Operations in the amount of$50,000.00 for the purchase of inventory
2 control computers and related furnishings.
3 B. St. Anthony Fire Relief Association in the amount of$25,850.00 for 2%insurance
4 premium payment for fire relief.
5 C. Dorsey& Whitney in the amount of$3,082.02 for legal services rendered through August
6 31, 1996.
7 D. 3 pages of Verified Claims as presented by the Finance Director. -
8
9 Councilmember Faust questioned check#2989 for Wildlife Management Services in the amount
10 of$890.00.
11 There was Council consensus to approve the 3 pages of Verified Claims subject to the
12 clarification by City Manager of the aforementioned check#2989.
13
14 Motion carried unanimously.
15 VII. REPORTS.
16 A. Councilmembers,
17 Councilmember Wagner reported there will be a meeting of the Healthy Community/Healthy
18 Youth Committee on October 24, 1996 from 7:00 P.M. to 8:30 P.M. at the Nativity Fellowship
19 Hall. This meeting is an effort to get the program restarted and determine a focus. It will be a
20 panel meeting with representatives from Forest Lake,Roseville and St. Louis Park in attendance
21 to discuss the projects they have done. A letter has been sent to all persons previously involved
22 with the program and the meeting will be published in the local paper and City newsletter in an
23 attempt to get more people involved. Wagner noted an effort is being made to hire a coordinator
24 as Glen Seifeld is unable to continue to be coordinator due to the time commitment. Funds are
25 available to hire a coordinator.
26 Councilmember Faust reported his attendance at the school Open House last Sunday. He stated
27 the Open House was very informative and the media center was an asset to the community.
28 Councilmember Enrooth stated he had also attended the Open House at Wilshire and was very
29 impressed with the media center.
30 Enrooth also noted his appreciation for the weekly schedule of the activities scheduled in the
31 cafeteria and gymnasium which was provided by Staff. He stated he felt this was a good method
32 to keep everyone abreast of the activities and issues regarding the scheduling.
33 City Manager Morrison stated the building activity level had increased substantially over the past
34 two years and continues to increase. The City has also recently taken on more responsibilities
35 including scheduling of events, school elections and more police work. Morrison stated there is a
36 need for additional Staff in this area and noted this would be a topic at a future work session.
37
City Council Regular Meeting Minutes
October 8, 1996
Page 3
1 B. Mayor.
2 Mayor Ranallo had no report.
3 -
4 C. City Manager.
5 City Manager Mornson suggested the next Council work session be scheduled for October 29,
6 1996 from 6:00 P.M. to 7:00 P.M., rather than November 6, 1996. The two issues to be
7 discussed will be an update on the City Hall building and the proposed Liquor Store.
8 There was Council consensus to schedule the next Council work session for October 29, 1996
9 from 6:00 P.M. to 7:00 P.M.,preceding the meeting with the Planning Commission.
10 Mornson noted later in the meeting the Council would be voting on the contract with BRW, Inc.,
11 to update the Comprehensive Plan. He stated two Councilmembers will be,needed to serve on a
12 Committee which would begin meeting in January 1997 and would meet approximately six times
13 during the year.
14 Mornson reported the City of St. Anthony had issued over 30 building permits in the month of
15 September.
16 Mornson reported Warren Rolek and the School Boardmembers are scheduled to tour the new
17 Community Center/City Hall building on October 15, 1996 at 5:00 P.M. There is a possibility
18 that the tour will be rescheduled to a Saturday due to lighting. Mornson asked if any
19 Councilmembers would be available if the tour was rescheduled.
20 Councilmember Enrooth stated he would give the tour if it was rescheduled to a Saturday and he
21 was available.
22 Mornson reported the St. Anthony Public Works Department is doing a marvelous job in
23 completing a portion of the sidewalk on Silver Lake Road which was not completed by Ramsey
24 County.
25 Mornson reported the closing on the Lundeen home was completed last week. An asbestos
26 company is scheduled to examine the home to determine if there is asbestos present. The
27 building will then be removed as soon as possible.
28
29 VIII. PUBLIC FEARING -None.
30 IX. NEW BUSINESS.
31 A. Resolution 96-055 re: BRW Inc Agreement to Update City's Comprehensive Plan.
32 Motion by Marks, second by Enrooth to approve Resolution 96-055, regarding accepting
33 a service agreement with BRW, Inc. and authorizing the Mayor and City Manager to
34 execute said agreement.
City Council Regular Meeting Minutes
October 8, 1996
Page 4
1 Motion carried unanimously.
2 Councilmember Wagner and Councilmember Faust stated they would like to serve on the
3 committee working with BRW, Inc.. on the Comprehensive Plan Update.
4 Motion by Marks, second by Enrooth to appoint George Wagner and Jerry Faust to the
5 committee working with BRW, Inc. on the Comprehensive Plan Update.
6 Motion carried unanimously.
7 B. Resolution 96-056. re: Call for Public Hearing on Amendments to Redevelopment Plan.
8 Motion by Marks, second by Enrooth to approve Resolution 96-056, relating to
9 Redevelopment Plans, Redevelopment Projects and Tax Increment Financing Plans of the
10 Housing and Redevelopment Authority of St.Anthony; calling for a public hearing on
11 November 12, 1996 at 7:30 P.M. on amendments thereto.
12 Motion carried unanimously.
13 C. Consideration of Proposed Election Judges for November 5. 1996 General Election.
14 Motion by Enrooth, second by Marks to approve the proposed Election Judges for the
15 November 5, 1996 General Election as listed in the October 1, 1996 City Clerk
16 memorandum.
17
18 Motion carried unanimously.
19 D. Liquor Operations 1995 Uncollectible Checks.
20 Motion by Marks, second by Wagner to write-off the St. Anthony Municipal Liquor
21 Stores 1995 uncollectible checks listed in the present agenda for purposes of bookkeeping
22 and continue the collection thereof.
23 Motion carried unanimously.
24
25 E. Ordinance 1996-006, re:Noise Control ( 1 st Reading,).
26 Motion by Enrooth, second by Marks to approve the 1 st reading of Ordinance 1996-006,
27 relating to Noise Control, amending Section 1145 of the 1993 St. Anthony Code of
28 Ordinances.
29 Marks questioned why a specific decibel level was not included in the ordinance.
30 Mornson stated City Attorney had advised that a specific decibel level not be included in
31 the ordinance as it would be difficult to enforce and would require special equipment to
32 measure.
City Council Regular Meeting Minutes
October 8, 1996
Page 5
1 Motion carried unanimously.
2 IX. UNFINISHED BUSINESS -None.
3 XI. ADJOURNMENT.
4 Motion by Marks, second by Enrooth to adjourn the meeting at 7:22 P.M.
5 Motion carried unanimously.
6 Respectfully submitted,
7 Lorri=Kopischke
8 TimeSaver Off Site Secretarial
9
10 Mayor
11 ATTEST:
12 City Clerk
1 CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 OCTOBER 22, 1996
4 I. CALL TO ORDER/ROLL CALL.
5 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by Mayor
6 Ranallo.
7, II. ROLL CALL.
8 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner and Faust.
9 Also Present: City Manager Michael Morrison.
10 Councilmembers Absent: None.
11 III. APPROVAL OF OCTOBER 22, 1996 COUNCIL AGENDA.
12 Motion by Marks,,second by Enrooth to approve the October 22, 1996 Council Agenda as
. 13 presented.
14 Motion carried unanimously.
15 IV. APPROVAL OF OCTOBER 8, 1996 COUNCIL MINUTES.
16. Motion by Marks, second by Enrooth to approve the October 8, 1996 Council minutes as
17 presented.
18 Motion carried unanimously.
19 V. LICENSES/PERMITS/PETITIONS.
20 Motion by Marks, second by Wagner to approve the following licenses:
21 Heating Licenses:
22 Delmar Furnace Exchange, Inc., Brooklyn Park, MN/add gas grill at 3 023-3 1 st Avenue
23 Coronado Enterprises, Spring Lake Park, MN/add gas fireplace at 3204 Silver Lane
24 Contractors License:
25 Copeland Builders, Minneapolis, MN/building Bagel &Video Stores at Apache
26 D.J. Kranz Co., Inc., Minneapolis, MN/remodeling at St. Anthony Nursing Home
27 Classic Builders, Andover, MN/remodeling at Baker's Square
28 Motion carried unanimously.
29 Motion by Wagner, second by Faust to approve a temporary 3.2 Beer&Wine Permit for St.
30 Charles Borromeo Church, February 9, 1997 for St. Charles Borromeo Mardi Gras Celebration..
31 Voting on the Motion:
32 Aye: Enrooth, Faust, Wagner, and Ranallo
33 Nay: Marks
City Council Regular Meeting Minutes
October 22, 1996 .
Page 2
1 Motion carried.
2 VI. PRESENTATION OF CLAIMS.
3 Motion by Marks, second by Enrooth to approve the following claims:
4 A. Foster, Ojile;Wentzell & Brever in the amount of$2,600.00 for professional services
5 rendered for the month of October 1996.
6 B. Rieke, Carroll, Muller Associates in the amount of$12,565.81 for professional services
7 rendered September 1 to September 28, 1996 for 1997 Street and Watermain
8 Improvements.
9 C. 4 pages of Verified Claims as presented by the Finance Director.
10
11 Motion carried unanimously.
12 VII. REPORTS.
13 A. Planning Commission- October 15, 1996.
14 Commissioner George Thompson was present to report on the items addressed at the
15 October 15, 1996 Planning Commission Meeting.
16
17 1. Roger Bona, St. Anthony Unocal Service Station, 2801 Kenzie Terrace; Side Yard
18 Setback Variance Request.
19 Commissioner Thompson reported Mr. Bona,the owner of the commercial property at
20 2801 Kenzie Terrace, is proposing to demolish the old Johnson Meat Market that is part
21 of his property and reconstruct another building in the same footprint with an additional
22 20 feet added to the north, to house service/repair bays so that he may expand his service
23 station business. Currently, the meat market building is approximately 10 feet into the
24 side yard setback, which for commercial properties adjacent to residential areas, is 10 feet
25 shy of the required side yard setback of 20 feet.
26 Mark Murlowske, of Belair Builders and Roger Bona feel that the new building will
27 enhance the redevelopment efforts of the City, make the area more attractive and-will
28 meet Roger's needs for his business. There were several people at the Planning
29 Commission meeting in favor of the project and Mr. Bona presented the City with a
30 petition signed by all the neighbors to the west of his property in favor of the project.
31 The Planning Commission recommended City Council approval of the 10 foot side yard
32 setback variance request by a vote of 5-0-1, Commissioner Makowske abstained, as it
33 meets the variance criteria as follows:
34 1. Strict enforcement would cause undue hardship as this proposal will not alter the
35 character of the area and economic interests are evident but are not the primary
36 consideration.
37 2. Circumstances are unique due to the configuration of the lot.
City Council Regular Meeting Minutes
October 22, 1996
Page 3
1 3. The proposal is in the spirit of revitalization and redevelopment of the City of St.
2 Anthony.
3 4. There was no opposition from neighboring property owners but in fact there was
4 support.
5 5. The design offers potential safety improvements for motorists.
6 6. The building will be aesthetically pleasing due to the lower profile.
7 Councilmember Faust questioned City Attorney's concern with allowing a non-
8 conforming structure to be replaced.
9 City Manager Morrison stated this concern was misinterpreted. The original issue was if
10 Mr. Bona could expand the existing meat market without a variance. This is no longer
11 the issue as the building is being removed and the property put to a new use. The issue is
12 simply the consideration of a 10 foot side yard setback variance.
13 Councilmember Wagner questioned if the curb cuts would be changed.
14 Mark Murlowske, Belair Builders, stated all curb cuts will be maintained as they
15 currently exist.
16 Councilmember Marks questioned the hardship in this case.
17 Mr. Murlowske stated from a construction standpoint, the hardship is the configuration of
18 the lot. This is a corner lot with street frontage on three sides. Three proposals had been
19 considered but other configurations had resulted in the alleyway being too narrow and the
20 access becoming dangerous to suppliers. The current proposal will provide the necessary
21 alleyway and access and also allow more vehicles to be inside the repair facility and
22 relieve parking.
23 Councilmember Marks asked if there was any way to reorient the building and
24 accomplish the same means without the variance. Mr. Murlowske stated there was not.
25 Roger Bona, owner of the property, explained this plan will relieve the noise problem of
26 the facility. The original proposal called for four doors. This plan will include only one
27 door. The noise from the facility will come right back at the business or onto Kenzie
28 Terrace. There also will be no unsightly windows with this proposal. The traffic flow is
29 good, cars can travel in both directions. Mr. Bona stated there will be no additional curb
30 cuts. The curb cuts will remain exactly as they are in shape and size.
31 Marks asked what the affect would be on the building if the variance was not granted.
City.Council Regular Meeting Minutes
October 22, 1996
Page 4
1 Mr. Murlowske stated he felt the property was unbuildable without the variance due to
2 the configuration of the lot,the traffic flow and the parking. He again stated three
3 proposals had been considered and pride,was not the deciding factor.
4 Marks asked how the traffic pattern would be affected if the variance was not granted.
5 Mr. Murlowske stated with the variance there would be 31.5 feet between the buildings.
6 This would provide a goo_ d alleyway and would allow room for parallel parking on both
7 sides. This could not be accomplished without the 10 foot setback variance.
8 Marks asked if the new building could be built against the existing building.
9 Mr. Murlowske stated the waste haulers would be unable to safely access the lot and it
10 would affect the safety of traffic flow.
11 Mr. Bona reiterated if the building was built within the 20 foot setback, the garbage
12 haulers would be unable to remove garbage.
13 Mr..Murlowske noted if the building were built closer to the other building, the option of
14 the overhead door on the side of the building would also be lost. He stated if this were a
15 rectangular lot, with one street frontage,there would be no issue with meeting all the
16 requirements. Due to the configuration of the lot and the three street frontages, it requires
17 the additional setback.
18 Motion by Ranallo, second by Wagner to approve the request for a 10 foot side yard
19 variance for the St. Anthony Unocal Service Station, Roger Bona, 2801 Kenzie Terrace
20 based on the findings of the Planning Commission.
21 Motion carried unanimously.
22
23 2. Assaad Hark, 2914- 36th Avenue N.E.; Side Yard Setback Variance
24 Request.
25 Commissioner Thompson reported Assaad Hark, owner of the property at 2914 - 36th
26 Avenue N.E., has submitted a request for a side yard setback variance of 7.5 feet so that
27 he may be able to build a 28 foot by 14 foot addition to the existing porch on the south
28 side of his house. The proposed addition would allow the owner to make the current
29 porch more usable and will be in line with the principle structure.
30 The required setback for this lot is 30 feet because it is adjacent to 36th Avenue N.E. and
31 Silver Lake Road. The existing home sits 30 feet from 36th Avenue N.E. but is only 15
32 feet from Silver Lake Road. The home immediately to the north of the subject property
33 also sits 15 feet from Silver Lake Road and the home immediately south of the subject
34 property is 30 feet from Silver Lake Road. The City Ordinance states that the structure
City Council Regular Meeting Minutes
October 22, 1996
Page 5
1 must be 30 feet from an adjacent street. The owner would like to request that the side
2 yard have a depth equal to the greater of 30 feet or a distance equal to the average of the
3 two adjacent lots. If the average of the two adjacent lots can be used to calculate the
4 variance needed for the construction of this addition,then the setback would be 22.5 feet
5 and Mr. Hark would need a 7.5 foot variance. The City Ordinance restricts lot coverage
6 to 35% and Mr. Hark does maintain that requirement with the proposed addition.
7 Mr. Thompson reported there were several neighbors at the meeting who spoke in favor
8 of the project. The Planning Commission recommended approval of the request on a vote
9 of 5-1, Commissioner Franzese voted naye,provided that the applicants complete the
10 construction within twelve months as stipulated in the City Zoning Ordinance and as it
11 meets the following variance criteria: _
12 1. The applicant has demonstrated hardships that make it difficult to improve their
13 property without a variance.
14 2. This proposal is in the spirit of improving lots in the City of St. Anthony.
15 3. The addition will be in alignment with the existing structure and will blend with
16 the existing structures.
17 4. The property is unique as it is a corner lot which limits the buildable area.
18 5. The codification of the City's Zoning Ordinance caused the problem on the lot.
19 6. The property has the principled residential structure already located in the side
20 yard setback prior to this addition.
21 7. No opposition was voiced by the neighbors.
22 Commissioner Franzese voted naye as she felt that while she liked the project and it had
23 neighborhood support, she was concerned that when Hennepin County decides to widen
24 Silver Lake Road,the City will be forced to compensate residents that have received
25 variances for residential improvements along Silver Lake Road.
26 Marks questioned the hardship in this case. There was Council consensus that item 5 for
27 meeting variance criteria as stated by the Planning Commission, was irrelevant to this
28 decision.
29 Assaad Hark, 2914 - 36th Avenue N.E., stated that without the variance the improvement
30 to the room will not be possible as it will leave two comers of the house unusable.
31 Mayor Ranallo questioned the possibility of building the addition to the west of the
32 existing structure.
33 Mr. Hark stated he was trying to improve,the living space of the family room. The west
34 side of the house contained two bedrooms. It would be impossible to build the addition
35 in this area as there is no hall access.
` I
City Council Regular Meeting Minutes
October 22, 1996
Page 6
1 Marks noted a variance could not be granted based on the internal format of the house.
2 Mr. Hark stated the addition would be flush with the existing structure and have the same
3 siding.
4 Marks noted there was a method to build the addition without the variance. It may be
5 inconvenient but that should not affect the decision to grant the variance. Mayor Ranallo
6 noted there were no safety issues involved.
7 Mr. Hark stated this was the only place it made sense to locate the addition. If there were
8 future improvements on Silver Lake Road,the entire house would have to be removed.
9. He stated he would not make_the improvement without the variance.
10 Enrooth stated he felt the frontage of this lot had been reduced when Silver Lake Road
11 had been widened several years ago.
12 Faust noted this addition would not interfere with anyone else or any other property.
13 Marks stated a hardship is something about the lot,the shape, topography, etc., that if the
14 ordinance is applied directly without change would result in the property not having
15 reasonable use. He noted this property could still be put to reasonable use without the
16 variance.
17 Faust stated he did not believe building within the required setback would allow Mr. hark
18 to have a room that could be put to reasonable use and it would also not be good for the
19 housing maintenance issue. He felt there were two extenuating circumstances; 1)The
20 house is already encroaching on the County Road setback, 2) This is only an extension of
21 an encroachment. The request will not go out further or onto other properties. It will
22 only bring the house out to the garage.
23' Wagner asked when the house was built. Mr. Hark stated the house was built iri 1961.
24 Motion by Ranallo, second by Faust to approve the 7.5 foot side yard setback variance in
25 order to construct an addition to an existing porch for Assaad Hark, 2914 - 36th Avenue
26 N.E.provided that the applicants complete the construction within twelve months as
27 stipulated in the City Zoning Ordinance and based on the findings of the Planning
28 Commission as follows:
29 1. The applicant has demonstrated hardships that make it difficult to improve their
30 property without a variance.
31 2. This proposal is in the spirit of improving lots in the City of St. Anthony.
32 3.. The addition will be in alignment with the existing structure and will blend with
33 the existing structures.
s v
City Council Regular Meeting Minutes
October 22, 1996
Page 7
1 4. The property has the principled residential structure already located in the side
2 yard setback prior to this addition.
3 Voting on the Motion:
4 Aye: Enrooth, Faust, Wagner, and Ranallo
5 Nay: Marks
6 Motion carried.
7
8 3. Other Items Discussed.
9 Commissioner Thompson reported Staff advised Commissioners of the upcoming public
10 - hearings. Moore-Sykes reported on discussions the City has had with a VFW post from
11 Minneapolis about the possibility of purchasing the old Pizza Hut building for a
12 members-only post. They intend to have charitable gambling and 3.2 beer on-sale.
13 Thompson reported Staff provided a copy of the agenda as proposed by BRW, Inc. for
14 the Joint Meeting with the City Council on October 29, 1996. Staff was directed to put
15 together an agenda and attach BRW's and to arrange for refreshments.
16 Mayor Ranallo noted there had been two previous requests for charitable gambling in the
17 City of St. Anthony and the City had stated they were not interested.
18 B. Councilmembers.
19 Faust reported his attendance at the Fire Station Open House on October 9, 1996..He noted there
20 were many people in attendance who were not St. Anthony residents. This shows that the Fire
21 Department's extension far exceeds it's political boundaries. He attributed this to the excellent
22 profile the Fire Chief and Fire Fighters have. He commended the Fire Chief and Department for
23 their excellent service.
24. Marks noted a problem with trash in the City Parks. He stated the problem was not due to the
25 trash not being put in the containers, but due to the containers not being covered. Animals and
26 birds will then go into the containers,remove the trash and scatter it elsewhere. He stated he
27 would like covered trash containers to be installed in the parks and the new City
.28 Hall/Community Center area. He felt this would result in the parks remaining neat and orderly
29 and significantly improve the appearance of the parks. He also suggested more trash barrels be
30 installed in the picnic areas.
31 There was Council consensus that installing covered trash barrels would improve the City Parks.
32 Mornson noted this issue is currently being addressed.
33
34 C. Mayor.
35 Mayor Ranallo had no report.
36
r
City Council Regular Meeting Minutes
October 22, 1996
Page 8
1 D. City Manager.
2 City Manager Morrison reported that the Metropolitan Council is lobbying to change the
3 definition of the hardship clause of the variance to address the housing maintenance issue of the
4 Metropolitan Livable Communities Act. This will result in a variance being easier to justify.
5 Morrison reported he had met with the Hennepin County Assessor and the Assessor's office is
6 currently being reorganized. Glen Busifsky will now be working with the City of St. Anthony
7 rather than Larry Miller. The Assistant, Kari Luther, will continue to work with the City of St.
8 Anthony. Momson reported he will meet again with the Assessor in one month to discuss the
9 sales ratio for the year and it appears there is a valuation increase of approximately 4%to 5%for
10 the City of St. Anthony. This is based on sales of homes in the past year. Momson noted the
11 increase is a sign of a healthy market and community. The redevelopment effort of the City has
12 also helped increase the value as the area is more attractive.
13 Momson reported he had met with Dan Solar, Ramsey County Engineer regarding the bridge
14 project on 37th Avenue. On November 19, 1996, Ramsey County will present a basic "bare
15 bones"plan for the bridge. On December 3, 1996, Ramsey County will hold a public
16 informational meeting at Apache Plaza for the proposed bridge project. This will be.the.first of
17 three meetings held by Ramsey County regarding the bridge project. After the December 3,
18 1996 meeting, Ramsey County will come back to the City to get public/governmental input for
19 the bridge.
20 Morrison reported the Minnesota Police Recruitment Testing will expire on December 31, 1996.
21 The Police Chief and City Manager are in the process of looking at alternative testings for use
22 when vacancies are filled in the Police Department. State Law requires that all officers go
23 through various competency testing before being hired. Morrison noted the City is still in the
24 process of hiring two new officers to fill vacancies. Once this is completed, the Police
25 Department will again be at full capacity.
26 Momson reported the City has replaced their full-time park maintenance employee. The City of
27 St. Anthony has hired their first full-time female public works employee. Morrison also noted
28 Larry Hamer, Public Works Director, has announced his resignation as of November 21, 1997.
29 Mr. Hamer is also involved with building inspection with Duane Grace. Duane Grace will also
30 be resigning. As the need for inspection in the City has decreased, City Manager is investigating
31 the possibility of employing a joint inspector with the City of New Brighton, who is also in need
32 of an inspector.
33 Momson reported that to work on Bike Patrol for the Police Department requires extensive
34 training from the State of Minnesota. Officer Flynn was planning to take this training but has
35 left the City for a different position. Another difficulty is that in order to have an efficient bike
36 patrol, the City would be required to pay overtime. The Police Chief,is suggesting to defer the
37 bike patrol until there is a better idea of who would like to be trained for the patrol and how it
38 would work for this department. The funds that were donated by the Tri City Legion could then
City Council Regular Meeting Minutes
October 22, 1996
Page 9
1 be used to buy new exercise equipment for the new exercise room at the City Hall/Community
2 . Center which is primarily used by the police officers.
3 Mayor Ranallo stated he would still like to see the bike patrol be initiated. Faust asked if a
4 Community Service Officer could be hired for the position of bike patrol.
5 Morrison stated a Community Service Officer would not have the power of arrest. He noted the
6 Police Department would like to have the program but there is a need for an officer who is
7 interested in being trained for the bike patrol.
8 Faust stated he felt the bike patrol was a good program and he was concerned with losing the
9 funds for the program.
10 There was Council consensus to purchase the exercise equipment but to continue to pursue the
11 bike patrol program. Mornson stated he would ask the Police Chief to present the City Council
12 with a vision of what the bike patrol would be and the costs associated with the program.
13 Morrison reported his attendance at a progress meeting today with the contractor of the City
14 Hall/Community Center. The building is proceeding well and an opening date of January 6,
15 1997 is still anticipated. There is a potential of two lifts in the parking lot, with one lift being
16 completed this fall and the second completed in the spring. The anticipated cost of the Council
17 .bench was $7,100.00 and has been reduced to $4,515.00. This is a reduction of$2,626.00. Also
18 a different fireproofing system will be used which will result in a reduction of$884.00.
19 Morrison reported he conducted the School Board tour of the City Hall/Community Center
20 building on October 15, 1996 and received a lot of positive feedback. Morrison also reported
21 there is again an issue on 33rd Avenue in front of the school. The parents are dropping their
22 children on the south side of the road and children are running across the street.. There have
23 already been 3-4 possible accidents. This issue was addressed last year and a school speed zone
24 of 20 m.p.h., no'parking on the south side of road and flashing lights were proposed. A letter
25 was sent to all affected property owners but only two property owners came to the scheduled
26 meeting to discuss the issue. A revised proposal would include no flashing lights, elimination of
27 one hour parking from 8:00 a.m. to 4:00 p.m. on the north and south side and replace with no
28 parking on school days on the south side from 7:00 a.m. to 3:00 p.m. The Police would make a
29 diligent effort to enforce the signage. The parents would then drop the children on the north side.
30 Morrison stated he would send notification to all affected residents and request they notify Staff
31 of any concerns or problems with the changes. Morrison noted there had also been problems
32 with high school students parking their cars in a residential area and littering in the area. Those
33 complaints have been forwarded to the Superintendent and have apparently been resolved.
34 Morrison reported his attendance at the Chandler Place ground breaking ceremony on October
35 16, 1996. There was a lot of support for the City and the work the City had done with variances
36 and Tax Increment Financing.
City Council Regular Meeting Minutes
October 22, 1996
Page 10
1 Mornson reported there is $20,000.00 in the proposed 1997 budget for capital equipment to
2 upgrade the Police Department computers. Staff would like to order the upgrade now so it can
3 be installed and operating when City Hall opens. This will require the City to pay $10,000.00
4 now and the other$10,000.00 in 1997.
5 Mornson reminded the Council of the Work Session which is scheduled for October 29, 1996 at
6 6:00 P.M. in the Council Chambers, followed by a Joint Meeting with the Planning Commission
7 and BRW, Inc. at 7:00 P.M. in Room 9. He also noted RCM Engineers, Larry Hamer and
8 himself will be conducting neighborhood meetings on October 30, 1996 at 6:00 P.M. and 7:00
9 P.M. to discuss the 1997 Roosevelt Street Project.
10 Mornson showed the Council a brochure which was put together by the Chamber of Commerce
11 with the City participating by creating a summary in the front of the brochure. Mornson stated
12 he will be revising the summary to include the redevelopments which have recently occurred in
13 I the City. The Mayor and City Councilmembers are listed in the brochure free of charge and a list
14 of City Officials and who to call is listed in the brochure for a fee of$255.00. This brochure will
15 be distributed to all residents the week before Thanksgiving.
16 Mornson reported he and Mike Larson had met with First Banks yesterday regarding the liquor
17 issues, primarily Apache Wells,the existing SAV II lease, and the new SAV II lease. Mary
18 Rothschild is no longer involved in the same capacity and the City is now working with Larry
19 McCabe. First Bankd has agreed to terminate the Apache Wells lease effective August 1, 1996.
20 Termination of the lease will be on the November 12, 1996 Council agenda. As a result of the
21 lease being terminated July 31, 1996,the City will save $133,000.00 over the next 3.5 years.
22 First Banks is also proposing an attempt to gain more competitive bids for the liquor store
23 expansion at Tire Plus to try to reduce the cost. It is possible that construction may not begin
24 until March, 1997.
25 VIII. PUBLIC HEARING -None.
26 IX. NEW BUSINESS -None.
27 IX. UNFINISHED BUSINESS.
28 1. Ordinance 1996-006. re:Noise Control ( 2nd Reading).
29 Motion by Enrooth, second by Marks to approve the 2nd reading of Ordinance 1996-006,
30 relating to Noise Control, amending Section 1145 of the 1993 St. Anthony Code of
31 Ordinances.
32 Motion carried unanimously.
33 XI. ADJOURNMENT.
34 Motion by Marks, second by Enrooth to adjourn the meeting at 8:29 P.M.
City Council Regular Meeting Minutes
October 22, 1996
Page 11
1 Motion carried unanimously.
2 Respectfully submitted,
3 Lorri Kopischke
4 TimeSaver Off Site Secretarial
5
6 Mayor
7 ATTEST:
8 City Clerk