HomeMy WebLinkAboutPL MINUTES 10161984 Meeting Sheet
IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII
101917
Box: 21
Folder: PL MINUTES AND AGENDAS 1984
Document: PL MINUTES 10161984
CITY OF ST. ANTHONY
PLANNING COMMISSION MINUTES
October 16, 1984
1 The meeting was called to order by Chair Zawislak at 7:35 P.M.
2
3 Present for roll call : Bowerman, Jones, Zawislak, Fra'nzese, Bjorklund, Hansen,
4 and Wagner.
5
6 Absent: None.
7
8 Also present: David Childs, City Manager.
9
10 The following corrections were accepted for the September 18th minutes :
11
12 Page 1 , line 20: Stanton Fabel 's middle initial should have been "F" instead of "E".
13
14 Page 2, line 11 : same correction.
15
16 Motion by Commissioner Franzese and seconded by Commissioner Wagner to approve as
17 corrected the minutes of the Planning Commission meeting held September 18, 1984.
18
19 Motion carried unanimously.
20
21 Commissioner Jones indicated he would represent the Commission at the next Council
22 meeting to be held October 23, 1984.
23
24 The Manager indicated there would be no need to hold the public hearing scheduled
25 for that time on the McGinn request for subdivision without platting/variance for
26 the property at 4021 Fordham Drive since the applicant had withdrawn his petition.
27
28 In the interim before the next scheduled hearings, several miscellaneous matters
29 were brought up for discussion by the Commission members.
30
31 Commissioner Jones reported that it appeared to him that the Equinox garages were
32 being reconstructed without the required fire wall separation between every four
33 stalls. Mr. 'Childs indicated the apartment. owners had been told that both City
34 ordinances and state building codes require such separations, and said he was
35 surprised the construction was not in conformance since. Larry Hamer had been
3-6—closely-supervi-s-i-n-g-the-reconstructi-on-of-the-storm-damaged-property.--He-added
37 that the City was not able to require less than four stalls between separations
38 because the City Ordinance cannot be more restrictive than the state code. There
39 should be less chance of vandalism with four .stall separations than existed in the
40 garage before it was demolished by the storm;. Commi.ssioner Jones said. The Com-
41 - missioner then requested staff to see.what they could do to get the insulation and
42 ,storm debris cleared .off the hill in back of the apartment building and just
4'3 =across. Si 1 ver Lane from hi s 'own home.
44
•
45 Jhere .was a brief discussion of how the Apache Shopping Center reconstruction was
46 progressing and when the reopening of the mall is anticipated. ' Mr. Childs reported
47 both the .City-owned bar- and bottle. shop have reopened but still lack identification
-2-
1 because the sign company the Apache management had recommended had not finished the
2 sign for those facilities. This led to a report from the Manager on what the City
3 intends to do with the Apache liquor operation once the lease runs out in 1986 and
4 Mr. Childs told Commi-ssioner Bjorklund he. anticipates the Planning Commission would
5 have some input into that decision through the _Capital Improvements Plan they
6 would be working on soon. When Commissioner Bjorklund termed the tattered
7 temporary signs on the Country Store to be a "blatant violation of the City's Sign
8 Ordinance," Mr. Childs agreed with him, that it was time for the store's Grand
9 Opening signage to be removed. However, he also indicated that the Council had
10 agreed with his own decision to "go easy" on .any- -Apache businesses which were
11 attempting to let the public know they had resumed operation in the center complex
12 even though the majority of stores had not reopened after the tornado. The
13 Manager then reported the controversial beauty shop signage across from Apache
14 was down in a heap in front of that facility.
15
16 Now that most of the planning decisions which had to be made after the tornado had
11 been taken care of; Mr. Childs reported he and the Public Works Director were
18 almost ready to give a presentation of the Street Improvement Plan for the City
19 ,which he perceived the Commission would now have more time devote to than during
20 the busier development seasons. He agreed-with Commissioner Bjorklund that it
21 would be essential to have a plan for replacing the deteriorating streets in
22 place long before the City has to take it to the residents and said the proposed
23 plan would address all the possibilities for funding such improvements.
24
25 Commissioner .Hansen reported the St. Anthony Legion Post had voted to participate
26 with the New Brighton Post in a joint purchase of a building in New Brighton for
27 which the revenues from the St. Anthony property would be used. The Commissioner
28 indicated he understood the Legion property which included the gas station on the
29 corner, had been appraised at $180,000 and the move ,to New Brighton would be con-
30 tingent upon finding a buyer for that parcel .
31
32 Mr. Childs reported Arkell is still seeking $3,000,000 construction financing for
33 the Kenzington project but he anticipates that funding would be found long before
34 the H.R.A. would even consider revoking the developer's Letter of Credit which
35 has to be renegotiated in November. The Manager indicated he perceives there would
36 be few buyers of the condominiums who would back out at this stage since they are
37 receiving interest on their down payment money and are locked in at a lower purchase
38 price.
39
40 In a related matter,. Mr. Childs reported the $1 .6 million H.U.D. financing for the
41 202 senior housing project is 99 percent certain and he anticipates the sponsor
42 would be in within a few months to let the Commission look at the final plans for
43 the project. He also reported that at a recent meeting with Walker, which he and
44 Commissioner Wagner had attended,. the sponsor had said they expected construction
45 to start on about September of next year. Nothing is happening related to the
46 redevelopment of the Northgate property, the Manager said.
47
48 Commissioner Bjorklund indicated he appreciated being kept apprised of planning
49 developments because he perceives the Commission are often first on the firing
50 line for resident questions on such matters.
51
52 At 8:01 P.M. the Chair opened the public hearing .scheduled for that time to con-
53
on-53 sider the request from Michael C. Anderson, 720 Sycamore Lane, Plymouth, Minnesota
54 for a two foot variance to the City Zoning Ordinance requirement for 15 foot total
55 sideyard setbacks for residential property to allow the construction of a 34 foot
� <w
-3-
1 wide home on -the existing 47 X 156 foot lot located at 2608 - 33rd Avenue N.E. The
• 2 proposed structure would have an eight foot east setback and five foot setback
3 on the west, as negotiated with the neighbors on those sides.
4
5 Chair Zawis.lak read the notice of hearing which had been mailed to all property
6 owners of record within 250 feet of the subject property. No one present indicated
7 failure to receive the notice or objected to its content.
8
9 The Manager had, in his October 12thmemorandum, addressed the Anderson proposal
10 which had been given conceptual approval ' by the-Commission during their September
11 18th meeting and had indicated that he perceived, because the lot is narrow, a
12 case could be made for a hardship based on topographic or size characteristics.
13 A call from the neighbor east of Mr. Anderson's property had prompted the Manager
14 to recommend the proposed house be sited closer to the west than the east lot line
15 where it would probably not interfere with Hertog's plans for redeveloping their
16 storm damaged property.
17
18 Mr. -Anderson was present and indicated he .had met with both Mrs. Taylor, 2700 -
19 33rd Avenue N.E. and John Hertog and had come to the same conclusion as the
20 Manager, that an 8 and .5 foot split to the east and west, respectively, would
21 work out best for all concerned and would not interfere with his own plans for
22 the property.
23
24 Mr.. Anderson told Commissioner Jones he estimated the Taylor house itself to be
25 the normal 7-1/2 feet from the property line but the porch addition, for which
26 there must have been a variance sometime in the past, was between four or five
• 27 feet from his east lot line. However, Mr. 'Anderson said he anticipated no con-
28 flict with his property since the widest part of his front yard would be adjacent
29 to the porch. With the eight foot setback, there would be 13 feet between his and
30 Mrs. Taylor's house and, 'Mr. Anderson told the Commissioners, he intends to line
31 his house up with hers.
32
33 The applicant said Mr. Hertog .had told him his family would be tearing down the
34 old structure on the 10.0 X 100 foot lot, west of the Anderson property, and he
35 would anticipate no problems with setbacks for the home which would be built. there.
36
37 The plans for the house Mr. Anderson proposes to build, a sketch of the house,
38 and the preliminary plans for subdividing the storm damaged Hertog property into
39 seven lots had been included in the agenda packet and Mr. Anderson.:told Com-
40 missioner Biorklund the house plans had been adjusted.to .fit this lot from the set
41 of plans for the Rivard home which he hid submitted for concept review September
42 18th. Mr. Childs told the Commissioner the .lot was a platted lot of record and
43 the precedent had already been set for developing lots of a similar size just
44 around the corner on Roosevelt Street.
45
46 Staff had received no other calls, except that from Mrs. Taylor, related to the
47 . proposal and none of the neighbors were present to provide input to the discussion.
48 The hearing was closed at 8:14 P.M.
49
50 Motion -by Commissioner Jones and seconded, by Commissioner Wagner to recommend the
51 Council grant a two foot sideyard setback variance to the City Ordinance to
• 52 Michael C. Anderson, 720 Sycamore Lane, Plymouth, . MN for the 34 foot wide home he
53 proposes to construct on the lot of record at 2608 - 33rd Avenue N.E. to replace
54 that which had been sever.e�ly damaged in the April 26th tornado,. on the condition
55 the house is sited to provide an eight foot sideyard setback on the east and a five
5.6 foot setback on the west, as requested .by the neighbor. to the east.
-4=
1 In recommending approval of the variance, the Planning Commission finds that :
• 2
3 1 . The subject property conforms to the City Ordinance requirement for total square
4 footage;
5
6 2. There was no opposition to the project from any of the neighbors and the two
7 most affected property owners had provided input on the location of the house;
8
9 3. The purpose of the proposed -variance is not based exclusively upon the desire
10 of the -owner to increase the value or income potential of the parcel of land;
11
12 4. The precedent for allowing substandard lots of a similar size- had already been
13 established in the same neighborhood, and the perceived hardship could be con-
14 sidered to have been caused by the City and not by persons having an interest
15 in the parcel of 1 and. .
16
17 Motion carried unanimously.
18
19 At 8:22 P.M. , the Chair opened the hearing on a petition from Ronald L. Hansen for
20 a variance to the City Ordinance sideyard setback requirements ,which would allow
21 the construction of a six foot addition to the -exi-sting one car garage on the west
22 side of the home at 2704 - 32nd Avenue N.E. , to within four feet, three inches, of
23 the property line, where 10 feet would be required by the Ordinance..
24
25 The notice of the hearing which had been published in the October 2nd Bulletin
26 and mailed to all property owners of record within 200 feet of the subject pro-
• 2 7 perty, was read 'by Chair Zawislak. No one present reported failure to receive the
28 notice or objected to its content. The Manager reported receiving no calls from
29 the neighbors regarding the proposal and no one appeared to discuss the request
30 other than the petitioner who is a member of the Planning Commission.
31
32 Commissioner Hansen had provided a sketch.of the proposed addition as it related
33 to the existing house and the properties to the east and west of his home. He also
34 submitted a petition of approval of his plans which had been signed by all six of
35 the adjacent and abutting property owners. As he had shown on the sketch, the
36 Commissioner pointed out that only seven and a half feet of the proposed .garage
37 addition would be adjacent �. to his west neighbor' s free standing garage which
38 exits, as his does, off 32nd Avenue .N.E. and he indicated the Kalina home itself
39 faces Wilson Street N.E. and the remaining portion of Commissioner Hansen's garage
40 would face their backyard. The applicant reported there would be a corresponding
41 expansion of his existing family room on the back of his home, which would not
42 require a variance since it faces his' backyard. The distance between eaves would
43 be just over seven feet, Commissioner Hansen estimated, which would be more than
44 between some of the new homes which are. being built on Belden Drive, according to
45 the measurements he had taken.
46
47 The. Commissioner showed several, photos of his existing property which documented
48 the tangle of electric and cable lines and a tilting electric light pole on the
49 southern corner of his lot directly- behind the proposed garage addition. He said
50 the utility company was going to 'move the pole they had mistakenly placed within
51 three feet of his property line, but had indicated they could do nothing about the
52 crooked pole which had been erected hastily in wet ground after .the tornado.
• 53 Commi-ssioner Hansen indicated he would be seeking staff help in correcting the
54 situation, ideally with the installation of the utilities. underground.
55
-5-
1 The hearing was closed at 8:38 P.M. for Commission consideration of- a recommendation
• 2 to the Council on the request.
3
4 During the development of a motion, Commissioner Bjorklund questioned whether
5 permitting only 10 feet between adjoining- garage structures complied with the
6 Ordinance intention regarding the provision of access for emergency vehicles and,
7 in response to the proposed finding, regarding two car garages, commented that one
8 of the Metropolitan Council 's major objections to St. Anthony's Zoning Ordinance
9 had been the requirement for two car garages, which poor people would find too
10 expensive to build. The maker of the motion indicated his intention 'of leaving
11 that finding in the motion.
12
13 The Chair commented that the fact that the adjoining garage was ,a free standing
14 structure made it easier for him .to- recommend approval of the request.
15
16 Motion by Commissioner Jones and seconded by Commissioner Bowerman to recommend
17 the Council grant the requested 5 foot 9 inch sideyard setback variance to Ronald
18 L. Hansen; which would allow him to make the garage and family room addition he
19 proposes on the west and south side of his existing garage and home at 2704 -
20 32nd Avenue N.E. , finding that:
21
22 1 . The proposed garage addition would be adjacent to a free standing garage on the
23 west and would not now, or likely ever, 'be adjacent to living quarters on that
24 property;
25
26 2. Permitting a two car garage would bring the structure into conformance with
27 the 'City Zoning Ordinance;
28
29 3. The original purpose of the City Ordinance requiring 'sideyard setbacks large
30 enough for emergency equipment and vehicles to gain access to the property
31 would not be a valid consideration in granting this variance because, with the
32 line of utility poles in the area behind the two garages, such access would
33 necessarily have to be on the other side of the house;
34
35 4. The purpose of the proposed variance- is' not based exclusively upon the desire
36 of the property owner to increase the value or income potential of the parcel
37 of land since it is perceived the cost of construction would exceed what the
38 property would appreciate because of the improvement;
39
40 5. There were no neighbor objections to the variance and, in fact, the applicant
41 had submitted a petition signed by six of the adjacent and abutting property
42 owners which indicated they had no objections to the proposal and supported the
43 granting. of. a variance for the garage addition as proposed.
44
45 Voting on the motion:
46
47 Aye: Jones, Bowerman, Zawislak, Franzese, Bjorklund, and Wagner.
48
49 Abstention: Hansen.
50
51 Motion carried.
52
•
53 Copies of the Planning Institute to be held.November 30, 1984 had been distributed
54 to Commission members, before the meeting. Commissioner Hansen indicated an inter-
55 est in attending.
-6-
1 Motion by Commissioner Bjorklund and seconded by Commissioner Wagner to adjourn
2 the meeting at* 8:45 P.M.
3
4 Motion carried unanimously.
5
6
7
8
9 'Respectfully submitted,
10
11 Helen Crowe, Secretary
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55