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HomeMy WebLinkAboutPL MINUTES 04201982 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII iozosa Box:21 Folder: PL MINUTES AND AGENDAS 1982 Document: PL MINUTES 04201982 i CITY OF ST. ANTHONY 8 PLANNING COMMISSION MINUTES April 20, 1982 The meeting was called to order by Chairman Pro Tem Makowske at 7 : 30 P.M. Present for roll call : Peterson , Zawislak, Makowske., and Bjorklund. Absent: Jones (:arrived at 7 : 32 P.M. ) , Bowerman, Sopcinski . Also present: Ron Berg,.. Adminis.trative Assistant. Motion by Mr. Peterson and seconded .by Mr. Zawislak to approve as submitted the minutes- of the Planning Commission Public Hearing on Year VIII CDBG Funds held March 16 , 1982 . Motion carried unanimously . Motion .by Mr. Peterson and seconded by- Mr. Zawislak to approve with the following amendments , the minutes- for the Planning Commission regular meeting .held March 16 , 1982 : Page 4 , Para. 6 : Substitute "85 square feet) - for "80 square feet" in line 10 . Para.. 7 : Delete "on his way home for a Council work session in the same building" . Motion . carried unanimously., _ Mr. Jones chaired. the meeting fromthis point on. Mrs . Makowske ..was- named to represent the Commission .at the next Council meeting , April 27, 1982 . Mr. Berg distributed copies of his April 2.Oth memorandum related to the initiation of a- proposed ordinance amendment, which would permit tanning booths as a conditionally permitted use in the City , which he requested -be considered as anagenda addendum under #.6A. He reported Keith Grewe approached him seeking permission to- set up such a business in Apache two weeks ago. Mr. Grewe reported having been assured by Mr. Cavanaugh .of the Apache management that this use would fit in with one of -the existing categories of permitted uses in the City such as physical culture and health gyms , spas or clubs , and when the Administrative Assistant informed the Apache representative that the City Attorney did not see it that way, Mr. Cavanaugh indicated the Apache corporation 's legal firm would discuss the difference in opinion with the City Attorney which evidently was not done. Mrs . Makowske and Mr. Bjorklund both indicated a reluctance to take any actiononwhat could prove to be a controversial matter without the publicbeing notified of its consideration through its inclusion on the agenda which -is posted throughout the community. Mrs . Makowske believed the amendment might generate a fair amount of interest and concern as to the type of activities and operation of this kind of enterprise which is a new concept for the community . She disagreed the public input might be provided during the hearings before the Council , insisting she would be unable to make a recommendation to the Council without resident input. Mr. Jones commented that the pro- cedure for other proposals had been speeded .up in the past. -2- Motion by Mrs. Makowske and seconded. by . Mr. . Bjorklund to .table action on the proposed initiation- of an ordinance amendment to establish ` tanning booths _ as a conditi�onal•ly- permitted use ..until the;,next•,scheduled Planning Commission meeting. Motion carried unanimously. The Commission then agreed. to.. hold an informal discussion on the concept with the applicant if he appeared later in the evening. At -7 :44 P.M. the -Chairman .opened .the public. hearing on the consideration of - the petition..for variances to the City Zoning Ordinance which would be required for the proposed senior housing on- the vacant lot at approximately 2651 Kenzie Terrace , by.- reading the- notice of the hearing which had gone out.. to all property owners within 200 feet of the . site. No one present: indicated failure to. receive the notice or objected to- its contents . Mr. 'Berg told. Mrs . Makowske a hearing on variances- only requires notification` of neighbors within 200 feet, . while the previous hearings on a..similar. prop.osal required notification within. -350 feet because a rezoning was - involved at that time . He confirmed the application fee had been paid and reported he had attached .to the notice a'. letter to the residents informing them that this is a. scaled down version of. the: proposal made in 1980 which had narrowly failed to receive HUD financing. Only - one resident, Virginia Kieffer, 2613 27th Avenue N.E.` was present. As he had informed the Commission in his April 16th memorandum, Mr. Berg reiterated the variances for. building height, unit density and unit floor area which will be required for the proposed 60 unit building. The project is now planned to include 44 one bedroom-units of 540 • square feet each, 15 efficiencies .which . are .4;15 square feet, and one two bedroom caretaker apartment. The unit sizes have been pared down to adhere to HUD guidelines , -.a copy of which Mr. . Berg gave to Mr. Bjorklund. Archie .Fjeld and Mary. Gabler, representing the sponsoring organization' s Board of Directors ; Robert Giere of the Eberhardt Company , its financial consultant; and Jack Boarman., the project architect, who had discussed the proposal with the Commission during the CDBG hearing March 16th, were. again present to answer questions regarding the Northeast Senior Federation' s proposal, including how much tax-..revenue the City could anticipate collecting in accordance with Title II subsidized housing regulations . Mr. . Giere estimated the taxes would total $24 ,000 , or from. $300 to $400 per unit, a year, for- the project. - Mr. Fjeld replied to the Commission' s concerns with the downgrading of the dwelling unit size by telling them the . federation. would have preferred providing units which would conform to the City ordinance requirements for one bedroom units , with no efficiencies at all , but the plans h--ad to=-beC.Iradrawn -to, match -the. monies_ wh-ich7: can be expected to be granted under the - new HUD regulations . Ms . Gabler . reported local HUD officials are- in agreement with the. federation assumption that there is- little or no market for efficiencies and urged City officials to indicate .their support for that .stand to the • area HUD office. -3- Mr. Jones indicated he feared resistance - from St. Anthony seniors to _ the size of the units and- was - concerned that the City's objectives of encouraging the elderly to sell their homes to young families and move into the new -apartments might be defeated. There was a general agreement by all present who- have seen similar one bedroom arrangements in the -senior buildings at 18th and Central and 39th and Stinson , that the way these. units are- laid .out might be acceptable , as long as community space is provided in- the building for entertaining. Mrs . Makowske indicated her concerns with the type of traffic which can be expected to be generated by placing the service entrance to the rear of the- building. Mr. Boarman told her he expects the alley off Wilson Avenue to be used for miscellaneous deliveries and , as it is now, for- garbage collections . He said the dumpsters .with compactors can be- designed large enough to require no more than a maximum of two collections a week. These receptacles will be well screened by plantings and a redwood fence, he added. Mr. Giere reported there are no longer HUD funds available for the congregate dining room originally planned for the building which will leave- more community space available for other purposes . The finance consultant estimated it will cost $40 ,000 per unit to construct the building. Mrs . Kieffer indicated she was primarily concerned that garbage collections be made no oftener than. twice a week and Mr. Fjeld told her she could rely on the building management -to see the seniors are not awakened by early morning. collections . Mrs . . Kieffer 's con- cerns related to the availability of parking if the Legion' s and seniors ' activities should coincide were addressed by Mr. Fjeld who told her there is .parking available in the shopping center across Kenzie Terrace and there are 41 parking spaces provided in this pro- posal where only 20 are required by -City ordinance: She was also assured that adequate snow storage will be provided as well. When Mr. Berg asked why the plan doesn' t provide an access to the rear of the building from Kenzie Terrace , Mr. Boarman pointed out that a driveway would have , to be built right next to 8 or 10 windows of apartments built at. ground level .on that. side . The architect also said that only one-half of the building will be four stories tall which. will permit less visual interference , permit more units per floor, and create a more interesting appearance for the building. The hearing was .closed at 8:55 P.M. Mr. Bjorklund reported Mr. Sopcinski had contacted him to report his inability to be in attendance and had indicated his opposition to the proposal because of the size. of the units now being proposed, a concern Mr. Bjorklund said he shared until he had been convinced the need for senior housing for the City outweighs these objections . Ms . Gabler confirmed the City ' s allocation will be based on the HUD guideline size and therefore , additional funding will have to be sought if the units are to be built larger than the guidelines dictate. She and • Mr. Fjeld assured Mr. Jones that the building management will utilize all available resources to keep the building residents involved in community activities and not isolated as so many of the elderly are today. Mr. Fjeld said he has already contacted four senior organiza- tions in the area in this regard. -4- The three conditions set by City- ordinance -for- granting variances were addressed in the _following recommendation: Motion by Mr. Bjorklund and seconded by Mr. Zawislak to recommend the • Council grant the variances to City Zoning -Ordinance requirements necessary for the construction of a 60 unit senior building as pro- posed on the vacant lot currently identified as Plat 63507 , Parcel 7620 by. the Northeast Senior. Federation with funding from the HUD 202 program including: (.1) building height from 35 to 372. feet for a 23-2 foot variance; (2) from 30 to -60 dwelling units for a 30 unit variance; and (3) unit floor:-area efficiencies ,. up to 25% efficiencies , from 500 to 415 square feet, for a total .variance of 86 square feet; up to 1000 one bedroom units ,. from 650 to 540 square feet., for a total variance of 110 square feet. The Commission _finds that: (a) The proposed building is designed and intended to serve only senior citizens . (b) The proposed building is designed and intended to utilize public funding. (c) The City of St. Anthony hasno other similar non-profit senior housing facilities . • (.d) The City of St. Anthony has a strong demand for provision of non- profit senior housing facilities . (e) Sufficient distance and screening. in the plan (as labeled and included in this recommendation) reduces any potential negative impact from .building height or density on- the adjacent property owners. (f) Similar senior housing projects in Minneapolis and Columbia Heights have similar, or, in fact , smaller dwelling units ; greater or equal number of dwelling. units per square foot of land area (density; are built higher; and have fewer parking spaces per ' dwelling unit and less landscaping/screening than this proposal . (g) Real estate taxes produced. by this development will be far greater than those produced by the vacant land. (:h). Site access and neighboring homeowners ' concerns have been adequately addressed. (.i) The City. of St. Anthony has no specific or adequate zoning regulations for senior housing. (j ) The Commission foresees this project may spur further Kenzie • Terrace redevelopment and rejuvenation. (k) No . adverse input was received during the public hearing before the Planning Commission. Motion carried unanimously. 1 -5- The meeting was recessed at 9 :05 P..M. and reconvened_ at 9 :15 P.M.. - to consider the Craig Morris landscaping and fencing agreement. compliance as .related. to the Letter of Credit which expires May .l , 1982 . • Mr. Berg addressed the City ' s options related to Craig Morris ' non- complLance .withthe conditions. of the: Letter of Credit issued when his development -.of- the property at 3909 Silver Lake Road was permitted under the Hedlund PUD,. as was indicated .in his April 16th memorandum. He showe& pictures he had taken of the fence which Mr. Morris has begun to construct'.and all agreed-this- was.- not the "metal.. slatted chain link fence" stipulated by the Council whenit granted an. extension of the Letter of Credit .November -24 , 1981. The letter from Mr. Morris indicating his willingness to provide. such a .fence before May lst, was read aloud and ' the site plan for. the landscaping viewed to ascertain whether the plantings are being provided as agreed .to. by Mr. Morris when the PUD was approved. Kenneth Lee who is constructing a home directly - behind the Morris shop on Penrod,. was- present and reported Mr-. Morris is building a "makeshift fence of: two by fours which won' t last two- years" . Mr. Lee added that he has been unsuccessful in his efforts to get Mr. Morris to share in the -costs of providing a suitable fence or to trim the dying oak tree which is on the property. .line.. He also said his property has been graded- so a new fence can. be erected any time now. Mr. Jones sees Mr. Morris as. a "very uncooperative person" , as evidenced by his absence .for.. the discussion, and the fact that he has completely ignored the City ' s request to cycle his lighting- to conform to his shop hours of business. He and Mr. Peterson are in- agreement that since Mr. Morris will not .deal with the City on a face to face basis , there appears to be no. alternative to revoking the Letter of Credit and using the proceeds to construct an adequate fence as required by the PUD.- Mr. Jones requested staff to verify the revocation procedure before April 30th. Motion by Mr. Bjorklund and seconded -by Mrs . Makowske to recommend Council denial of any further extensions of the Letter of Credit issued to assure landscaping- conformance at 3909 Silver Lake Road and to cash 'in the Letter of Credit if the terms are not met April 30 , 1982 , finding that: (1) the City has .already granted Mr. Morris con- cessions based on weather, general economic conditions and his own personal financial status as well as extensive departures from the PUD requirements for landscaping; (2) Mr. Morris has clearly failed to live .up to his agreement to provide .landscaping and fencing which were conditions -for extension.-.of the Letter of Credit set by the Council when it granted the extension November 24 , 1981; and (3) Mr.. Morris is clearly in substantial- and significant non-conformance with his letter of agreement to provide shr-ubbery,, and fencing as shown onthe proposed site plan for the development of this site. Motion carried unanimously. Keith Grewe , 1001 Orchard Avenue, appeared .to discuss the tanning salon he proposes to operate next. to the Bowl-a-Mat on the lower level of • the Apache. Plaza .Shopping Center. He is an unemployed truck driver, he told the Commission -:members, and has already invested $16 ,000 in the Tan Me, Inc. franchise which the City Attorney has indicated does not fit into .any existing category of permitted uses in the City -6- Zoning 6-Zoning . Ordinance. According .to Mr.. Grewe , it. will take at.. least three or four weeks to get into operation and, if the City approval is de- layed, he. will miss out on the peak season and suffer. a loss of about $10 ,000 each month he- is not in operation. Mr. Grewe. was accompanied by Tom VanMeter., President of Tan Me, . Inc. , who disagreed the services offered by- Mr. Grewe-..would substantially differ from the type of services already. offered in- the Mall in a barbershop-, beauty salon,.. the health club and .in. the Weight Watchers salon, which with a dance studio, are allowed by the City ordinance. Mr. VanMeter questioned why there should be a. prejudice against a service which is so similar to other permitted .uses and told the Commission St. Louis Park permitted. him to operate. a salon while they were determining its classification under their. ordinances . -The franchise president then invited the Commission members to visit his salon near the Maplewood Mall .to ascertain its- legitimacy and to see for themselves. the salon, is not a .front f6r• immoral purposes .- He added that the five tanning rooms are booked a week ahead, at this time. Mr. Bjorklund told Mr. VanMeter that, if. the proposal had been on the agenda that .evening,, he would probably. have made suchan inspection before. the meeting, but he does- not believe` he could make an educated decision regarding a recommendation without .seeing a- franchise brochure; a physical layout of the salon; and- evidence that the operation meets all state and city. health codes . He would also like to know .the typical. age and economic status of the clientelle as well as the cost of the services offered, -and the signage and .methods of • advertising the salons would be of interest to him as well . Mr. Jones commented that he believes Mr.. Grewe '.s problems are a -result of bad advice from Mr. Cavanaugh and suggested the best method he sees for moving .the proposal along would .be to have the legal dif- ferences resolved by the attorneys , . as was originally intended. The Chairman then informed Mr. Grewe that the City Attorney will be present when this matter is reported back to the Council during their meeting April 27th. The fence ordinance proposed by the .Public. Works Director was con- sidered next and referred to the Commission for their recommendations by the Council. There was Commission ..agreement that Subdivision l .of_ .Requirements should be amended to indicate ."the fence shall be set back at least six inches from the property line, unless the property has been surveyed to assure there will be no encroachment onto adjoining private or public property or public right-.of-way , or there is a written agreement with theadjoining- property owner if the fence is built on the property line" . Two Commission members disagreed with Mr. Bjorklund that there is a need for stipulating the size of fences for front -yards , foreseeing an enforcement problem for staff. • Motion by Mr. Bjorklund and seconded by Mr. Jones that- Subdivision 3 of Requirements of the proposed Ordinance 1982-00.3 be amended to read: -7- "No fence shall be over 6 feet in height., or over. 4 feet 'high in the front yard" . • Voting on the motion: Aye: Bjorklund, ,Jones , . and Makowske . Nay: Peterson - and Zawislak. Motion carried. Mr. Jones asked Mr-. Berg to .suggest to the Council -that they might consider a reference to. berming., as a. means of by-passing the City ordinance, when they -are considering the first reading of the ordinance. Motion by Mr. Bjorklund and seconded. by Mr. Peterson to recommend Council adoption of Ordinance . 1982-00.3, with the suggested amend- ments , finding that the ordinance can, be expected to:. (.1) . .facilitate communications between neighbors ; (2) reduce .the number. of conflicts and disagreements between neighbors ; (3) reduce encroachment .problems ; and, (.4) reduce nuisances and injuries from dangerously constructed • fences in St. Anthony. Motion 'carried unanimously. Motion by Mrs . . Makowske andseconded by Mr. Zawislak to adjourn the meeting at 10 : 55 P.M. Motion carried unanimously. Respectfully submitted Helen Crowe Secretary •