HomeMy WebLinkAboutPL MINUTES 12111984 �I
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Meeting Sheet
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Box: 21
Folder: PL MINUTES AND AGENDAS 1984
Document: PL MINUTES 12111984
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CITY OF ST. ANTHONY'.
PLANNING COMMISSION MINUTES
• December 11 , 1984
1 The meeting was called to order by Chair Zawi,slak at 7:35 P.M.
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3 Present for roll cal.l :. Zawislak, Wagner, Bowerman, and Hansen.
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5 Absent: Jones (arrived at 7:.48 P.M. )., Bjorklund and Franzese.
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7 Also present: David Childs, City Manager.
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9 Motion by Commissioner.� Wagner and seconded by Commissioner Hansen to approve as
10 submitted the minutes of the Planning Commission meeting held November 20, 1984.
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12 Motion carried unanimously.
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14 Commissioner Bowerman will report the meeting at the December 18th Council meeting.
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16 At 7:37 P.M. , the Chair opened the hearing to consider a request from Howard
17 Applebaum, 1583 Saunders, St. Paul,, for a conditional use permit' to operate a video
18 cassette equipment sales and rental -operation in the Apache Plaza 'Shopping Center.
19 Chair Zawislak read the notice which "had-been published in the November 27th
20 Bulletin and which had been mailed to all property owners of record within 350
21 feet of. the subject property. No one present reported -failure to receive that
22 notice orobjected to its content.
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24 The Manager reported receiving no calls about the request and reiterated much of
25 his explanation of the proposal which had been stated in his December 7th memorandum
26 to the Commission.. He read aloud the three conditions which would have to be
27 required of the applicant for conditional use permit approval . According to
28 Mr. Childs, Mr. Applebaum had .already indicated to him that he would have no
29 problem meeting- all three requirements. Mr. Applebaum told the Commissioners his
30 store would. take up 1 ,900 square feet of space in the area west of the garage
31 doors on the south side of the mall where the Wards pickup and catalog departments
32 had been located.. The -existing door in that area would be closed off, the appli-
33 cant said, and only the side door retained, along with a three or four foot wide
34 window.
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-- ----3'6—A-major-portion-of-hi-s-business-would--come-from-the-renta-l--of-vi-deo-cassettes,
37 Mr. Applebaum said, but he would also be selling VCR's and television sets.
38 ' The store owner said he hopes to convey to. the community the impression of a
39 family oriented establishment. The store would have no interior mall access, and
40 Mr. Applebaum indicated he would anticipate closing _no later than 11 :00 P.M. on
41 weekends and earlier on weekdays, although he had not made a firm decision in that
42 regard. The applicant also indicated signage and lighting of the sign would be
43 in :conformance with the requirement of .the shopping center management and City
44 codes.
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46 When the Chair asked Mr. Applebaum what effect he perceived Cable T.U. might have
47 on 'his business, the store owner told. him that .there are eight other Video World
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1 stores in other communities and they are-doing very well in those cities which have
• 2 cable. He said their experience had been that most people believed commercial
3 T.V. offered more than cable -which is too repititious and most of their customers
4 have reported believing it is cheaper to rent their own choice of movies than to
5 pay to watch the same movie over- and over.
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7 The meeting was%closed at 7:46. P.:M. for Commission consideration of a recommenda-
8 tion to the Council . Commissioner Jones arrived during the discussion which
g preceded that action.
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11 Commissioner, Bowerman read aloud the .three statements on the application Mr. Apple-
12 baum had signed which Minnesota statutes and. City ordinance require be satisfied
13 before a conditional use permit can be granted: PIr. Childs advised that Mr. Apple-
14 baum_hadindicated to -him he had no problem with .those conditions and the applicant
15 restated that none of the conditions would pose a problem for the operation he
16 proposes to run.
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18 Mr. Childs said he didn'.t recall that the City had specifically set hours of
19 operation for the two other video -stores which are operated in shopping centers
20 in the southern portion of St. Anthony but had, instead, been concerned that the
21 hours.proposed* by those proprietors were not excessively late. He perceived the
22 only difference between this store and the .Video Update across from the St. Anthony
23 National Bank was probably that the other store had 24 hour film drop off service.
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25 Motion by Commissioner Bowerman and seconded by Commissioner Wagner to recommend
26 the Council grant a Conditional Use Permit to Howard Applebaum to operate a video
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27 cassette equipment sales and rental store in Apache Plaza as proposed, subject
28 to the following conditions :
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30 1 . There would be no viewing of tapes in the store, except for bona fide demon-
31 strations of tapes and no viewing would be visible from outside the store;
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33 2. The proprietors must comply with all state laws relating to obscenity and to
34 any .ordinance of the City of St. Anthony thereafter relating to obscenity;
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36 3. Conviction of the owner or any of the employees of the owner for violation of
37 obscenity laws in the operation of the store would be grounds for revocation
38 of this permit by the City Council ; and
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40 4. Any identification of the business would be required to conform to the City
41 Sign Ordinance.
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43 Motion carried unanimously.
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45 The Manager reiterated the information he had given in his December 7th memorandum
46 related to the proposed signage for the Hair Station at 3909 Silver Lake Road.
47 The matter had been tabled at the last Commi.ssion meeting to permit the applicant
48 to develop a plan for a sign which would conform to the City's requirements for
49 free -standing signs.
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51 Dan _Jaeger, 9418 :East River Road, renter/owner of the shop, told Commission members
• 52 he still hoped to be allowed to incorporate the identification logo he had used
53 - on his three other shops into the sign copy depicted in the concept drawing which
54 had been included in the agenda packet. Mr. Jaeger said he had a substantial
55 investment in that logo and, if the City permitted its use, could adjust the
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• 1 dimensions of' the sign without increasing- its total size which would be close
2 to 24 square -.feet on each side, which the Manager ,indicated, would be under the
3 50-feet total allowed for- two sides under the. Sign Ordinance: The Craig & .Company
4 sign had .been close to 64 square -feet and Mr. . Childs .told Commissioner Jones,
5 Cadwallader had -been al,lowed 60 square feet.
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7 The Chair indicated he had .gone out to see Mr. Jaeger 's Blaine shop and perceived
8 that signage with the logo produced .a "very neat looking sign". He perceived the
9 applicant had been very cooperative- in' working with the City to develop an
10 acceptable, substantial sign. Chair Zawislak indicated he personally would have
11 no objections to having .the logo-worked into the sign any way Mr.. Jaeger wanted,
12 as long as the square footage is not increased or the sign lit after the shop
13 is closed.
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15 The beautician told the- Commission members he plans to utilize the existing sign
16 base, which he would rebrick, berm up and add -.shrubbery to .in the spring. He
17 said the sign surface would be laminated wood or plastic, with no raised lettering,
18 and would be ground lit. Commissioner Hansen said he liked the shrubbery aspect
19 because it would give 'the sign the ground hugging appearance which is desired by
20 the City.
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22 Commissioner Jones indicated he shared the other Commissioner's appreciation of the
23 effort put into the final sign plans and he told Mr. Jaeger he hoped he had not
24 misunderstood his own statement at the last meeting which had been prompted by
25 his unhappi.ness with the sign which had identified the former business in that
26 buil.ding, he had personally found "quite offensive". He also said he liked the
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27 idea of berming up the sign,. perceiving that would be necessary with the snow
28 plowing on Silver Lake Road.
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30 Commissiom.,member-s also indicated their happiness with Mr. Jaeger 's plans to
31 change the appearance of the building to look more like a business establishment
32 than a residence and they indicated they would have no problems with the shop
33 proprietor 's use of his telephone number in his sign as long as it didn 't .increase
34 the sign's size. There was also concurrence with Mr. Childs ' suggestion that
35 the sign be considered "under construction" until spring due to the difficulty
36 of brick work and beginni.ng in the winter.
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38 Motion by' Commissioner- Wagner and seconded by Commissioner Bowerman to remove the
39 H-air Station sign request from the table.
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41 Motion carried unanimously.
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43 Motion by Commissioner Wagner and seconded by Commissioner Hansen to recommend the
44 Council grant the variance to the City Sign Ordinance which would accept the
45 design proposed for the free standing sign for the Hair Station to be 'erected as
46 proposed by the owner, Dan .Jaeger, with the option of incorporating into the sign
47 copy the company logo and/or a telephone number as long as the total square footage
48 for the sign doesn't exceed the 50 square-feet allowed by the Sign Ordinance and
49 to allow the sign to be ground lit during the .hours of operation. The Commission
50 further recommends the applicant be given until June 1 , 1985, to complete all work
51 on the sign -he had proposed December 11 , 1984.
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53 Motion carried unanimously.
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• 1 In his December 7th memorandum,. Mr. Childs had reported Craig Belisle's unhappiness
2 at being required to turn off the flashing lights in the window of his store, the
3 Video. Update at .2501 Kenzi.e Terrace and i'ndi.cated Mr. Belisle had requested he be
4 given the opportunity of appealing staff's interpretation of the Sign Ordinance
5 that the flashing lights would not constitute an historical symbol because of their
6 resemblance to a theater marquis, as was stated in the store owner's November 26th
7 letter, which had been included in- the agenda packet.
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9 Mr. Childs reiterated that it was staff's belief that it would take a substantial
10 stretch of .interpretation of the Sign Ordinance to consider the lights symbolic
11 of a theater_marquis, .which in any event, the ordinance would not permit to flash.
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13 Mr. Belisle asked what the Cityhad against lights, saying his store is #11 in
14 25 other Video Updates around the metropolitan area., .half of*which he believes are
15 allowed the same .lighting arrangements he had in his window. He then identified
16 three -of these as- the Maplewood-, Eden Prairie stores and .the store on Rice Street
17 in St. Paul .
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19 The store proprietor questioned why the Public Works Director :had not told him
20 the City .would not allow this type of lighting when he initially discussed the
21 store with Mr. Belisle, saying he had undergone-' a great deal of expense installing
22 the lights, ,only to be told they had to be tur.ned. off.. According to Mr. Belisle,
-23 it would cost him around $60, to purchase the computer chip to turn.the flasher off.
24 The complainant then distributed copies -ofa letter from: the Video Update
25 Corporate Counsel supporting; h'is contention that his lighting should be permitted
26 under the section in the Sign Ordinance which states a commercial establishment
27 is allowed one Historical identification symbol not exceeding five square. feet.
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29 Commissioner Hansen responded that, even if the lighting could be considered an
30 excepti'on 'to. the Sign Ordinance, the window size itself would bring it into non-
31 conformance- with the same.ordinance: Commissioner Jones read Section 430:30 which
32 specifi.cal-ly prohibited any- flashing lights, :except those which gave time .and
33 temperature readings, which.= he read as meani-ng even if the lights could be
34 considered a theater marquis., they could not flash under that section. -The
35 Chair agreed, saying if a theater were located in the City, .the ordinance would
36 probably prohibit flashing lights on the marquis.
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38 Commissioner. Bowerman tol:d the store, owner he perceived. there had never been an
39 ordinance intent to consider flashing lights as.historical symbols because the
40 section prohibiting flashing lights in signs had originally been written into the
41 ordi.nance .because the City perceived they. might create a distraction for drivers
42 along busy thor.oughfa'res. He told Mr.- Belisle that although the Commission wanted
43 to be .fair to him, they could foresee that, if they let him have that type of
44 lighting, that decision might be very hard to live with if sometime in the future,
45 a simi.lar request came i.n for a business located on a busy street like Stinson
46 Boulevard.. The Commissioner also questioned the concept that flashing lights are
47 historical. symbols .for .all - theater-s, many-of which now use other types of lighting
48 in their marquis.
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50 Commissioner Bowerman wondered whether a variance to the Sign Ordinance might not
51 have. to be granted if the lights were to be turned on again and told Mr. Belisle if
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52 that -were so, he might have a difficult time proving a unique hardship had been
53 created for him by the ordinance which had not been created for other businesses
54 in the same area.
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• 1 The store owner responded that he still believed- he should have been made aware of
2 the ordinance restriction against flashing lights before he had made an investment
3 in them forhis store. He continued to insist Mr. Hamer should have provided him
4 with a copy of the ordinance when Us -signage was initially discussed. . Mr. Childs
5 told Mr. Belisle that, because the store owner had originally stated his signage
6 would consist of only a, 4 X 6 foot unlighted sign, the Public Works Director had
7 no way of knowing he intended to include flashing lights in the future. The
8 Manager also mentioned that the'C'ity .had recently required flashing lights on the
9 City's own liquor .store be turned off.
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11 When Mr. Belisle said he perceived the City Ordinance was hard to get hold of and
12 mentioned it would cost him '200 a copy to have that large document copied, Com-
13 missioner Jones told him the Sign Ordinance is only seven pages and long and is
14 available, not only at City Hall , but also in the library located close to his
15 store. The -Commissioner then told Mr.. Belisle the Commission really appreciated
16 the fact that he- had turned off-the lights until the question could be resolved.
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18 At the conclusion of his report, the Chair discussed the conversation related to
19 the end. of two terms on the Commission in December and .said he understood the City
20 would be advertising for applicants to fill those openings. Mr. .Childs said the
21 Council had encouraged the incumbents to app.ly for those positions and indicated
22 fie perceived they might decide not to interview any applicants if the in-
23 cumbents expressed the desire to stay on. He urged. Commissioners Bowerman and
24 Zawisl.ak to submit written applications if they wanted to continue their service.
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26 A motion to adjourn was made by .Commissioner Wagner and seconded by Commissioner
27 Hansen but, before it was voted on, the Chair made a motion to wish the Council a
28 very Merry Christmas, which_ resulted in an affirmative vote from all the Commissioners
29 with the exception of a "friendly--,;,Bah� Humbug" from Commissioner Bowerman.
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31 The motion to. adjourn: passed �unan!i:mously gat !8 _35PP 1M:.
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35 Respectfully submitted,
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37 Helen Crowe, Secretary
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