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HomeMy WebLinkAboutPL MINUTES 03191985 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII ioissa Box: 21 Folder: PL MINUTES AND AGENDAS 1985 Document: PL MINUTES 03191985 CITY OF ST. ANTHONY PLANNING COMMISSION MINUTES March 19, 1985 1 The meeting was called to order by Chair Franzese at 7:35 P.M. 2 3 Present for roll call : Franzese, Madden, Bjorklund, and Hansen. 4 5 Absent: Wagner (7:36 P.M. ) ; Jones (7:38 P.M. ) ; and Bowerman. 6 7 Also present: David Childs, City Manager. 8 9 The following change was accepted for the February 19th Commission minutes: 10 11 Page 3, Line 21 : Insert "February" before "19th". 12 13 Motion by Chair Franzese and seconded by Commissioner Madden to approve as amended 14 the minutes of the Planning Commission meeting held February 19, 1985. 15 16 Motion carried unanimously. 17 18 Commissioner Hansen will report the minutes of the March 19th meeting at the regu- 19 larly scheduled meeting of the Council , April 9th. • 20 21 At 7:36 P.M. the Chair opened the public hearing to consider amendments to the City 22 Zoning Ordinance which staff perceives necessary to keep structures from being 23 constructed too closely together. The notice of the hearing, which had been pub- 24 lished in the March 5, 1985 Bulletin, was read by the Chair. 25 26 Mr. Childs reported receiving a call questioning the City Ordinance as it related 27 to the reconstruction of the Ella home at 3300 Belden Drive, where the eaves 28 encroach beyond the approved setback, but meet the City's current ordinance of 29 separation between houses and garages. As he had stated in his March 15th memorandum 30 to the Commission, the -Manager reiterated that staff had concluded there was a 31 need for clarification of the ordinance to automatically count eaves in the measure- 32 ment between structures. Commissioner Wagner indicated he perceived that had been 33 the original intent of the ordinance. Commissioner Jones recommended a change in 34 wording of #4 in the notice of the hearing which was accepted by the other 35 Commissioners. ---36- --- - — -- -- 37 No other residents were present to speak either for or against the amendment and 38 the hearing was closed at 7:47 P.M. for the following recommendation to Council : 39 40 Motion by Commissioner Jones and seconded by Commissioner Hansen to recommend the 41 - Council adopt the following amendment to the City of St. Anthony Code of Ordinances: 42 43 Section 1 . Section 1.2 General. Regulations of the Zoning Ordinance is_,hereby amended 44 to read as follows: 45 . 46 Subdivision 2. Accessory -Buildings. 47 -2- • 1 2. No accessory or any portion of structures, including garages, shall be 2 located within three feet of any property line. 3 4• 4. Unless attached to and made a part of the principal structure, any portion 5 of any accessory building shall not be closer than five feet from any 6 portion of a principal structure. 7 8 In recommending this ordinance amendment, the Planning Commission finds that: 9 10 1 . A public hearing on the amendment was conducted by the Planning Commission 11 March 19, 1985; and 12 13 2• No one spoke in opposition to the amendment. 14 15 Motion carried unanimously. 16 17 At 7:50 P.M. , the public hearing was opened to consider a petition for a variance 18 to the City Sign Ordinance from Egekvist Bake Shops, 3005 - 37th Avenue NE. , which 19 would allow more signage on that building than is permitted by the Ordinance. The 20 Chair read the notice of the hearing which had been published in the March 5, 21 1985 Bulletin and mailed to all property owners of record within 200 feet of the 22 subject property. 23 24 No one present reported failure to receive the notice or objected to its content. 25 Mr. Childs indicated staff had received no calls related to the Egekvist request 26 that they be allowed to add 3 X 5 foot signs on the east and west walls of their • 27 building, in addition to the existing 3 X 23 foot sign on the front, which would 28 bring their signage -27 square feet in excess of the total square footage allowed a 29 building with 36 feet of business frontage, and two signs more than the number 30 of allowed signs. 31 32 In his March 15th memorandum to the Commission, the Manager had alerted the Com- 33 mission members that there would be two more sign requests for other City businesses 34 next month which would propose exceeding the limitation on the number of signs 35 allowed by the Sign Ordinance,. as well as square footage. 36 37 John Pratt, Sales Manager for Emrich Baking Company, 912 East 24th Street, reiterated, 38 as stated in his February 6th letter attached to the variance request, that the 39 owners of the thrift bakery blamed the lower than projected sales for this store 40 on the store's low visibility from Silver Lake Road as well as 37th Avenue, since 41 they perceived most sales for a business of this type are made by impulse.. The 42 store representative told Commissioner Bjorklund that he had been advertising the 43 new store and it had helped to some extent, but the store was only doing half of 44 what had been projected for a store on such a heavily travelled road. Mr. Pratt 45 said it had been the conclusion of the corporate consultants and other bakery 46 representatives that the store needed more signage to succeed. He also said the 47 Rapid Oil Change station next to his bakery seems to have "signs everywhere". The 48 sales manager indicated that if sales continue to fail to meet the sales projected 49 for it, Emrich might decide not to renew their lease for that location. 50 51 Mr. Pratt was told by several Commissioners that it might be the difficulty of 52 getting in and out of the store from 37th Avenue, rather than- the signage, which 53 accounted for the lower sales and the present condition of that roadway might cause 54 the drivers to keep their eyes on the road rather than to be looking around for 55 signs. Because only drivers going north would be apt to see the store from the -3- 1 corner of 37th and Silver Lake Road, the question. was raised whether even they 2 would be likely to drive all the way .around the block to come back to shop' at the 3 bakery. 4 5 Commissioner Jones contrasted this. store's location with that -of the company's 6 operation on 24th Street in Minneapolis, which he said didn't have as much traffic 7 and he wondered if it might .not be true that .the St. -Anthony location had too much ­ 8 traffic for that type of-operation and whether -signs could correct that disadvantage. 9 However, the Commissioner indicated he would be .in favor of letting the store 10 experiment with temporary signage to see if it helped. 11 12 Mr. Childs told him the City is just about to cite the Mobil. station in the 13 St. Anthony Shopping Center for the large temporary non-conforming sign they have 14 in front .of their facility on Highway 88 and wouldn 't want this sign to be used as 15 an excuse for the station retaining that sign. However, he said he believed he 16 could defend a temporary' sign, as suggested by Commissioner Bjorklund,' in front of 17 the bakery during the construction of 37th Avenue which should be commenced within 18 the next few months. 19 20 When Commissioner Jones suggested all.owing the bakery ,-an additional sign on the 21 east side of the building as well as the temporary sign, the Chair -indicated that 22 she perceived the attempt was being made to upgrade that roadway and questioned 23 whether proliferation of signage might defeat that purpose. She also questioned 24 whether additional signage could help on a busy street where stopping had always 25 been difficult. 26 27 Commissioner Hansen agreed, telling Mr. Pratt that the "City had. intentionally 28 written a "tough" sign ordinance to prevent the village thoroughfares from getting 29 to resemble those in other municipalities and he told the thrift store spokesman 30 that the City had in the past denied many similar requests .for business signage 31 which was perceived to be in excess of what is desired for the community. The 32 Commissioner also told Mr. Pratt 'he anticipated it would not b'e long before 33 residents and drivers who- use 37th and Silver Lake Road daily to become aware of the 34 bakery's presence. 35 36 No one appeared to speak for or against the variances and the hearing was closed 37 at 8:20 P.M. for consideration of a recommendation to the Council . 38 39 Motion by Commissioner Wagner and seconded. by Commissioner Jones to recommend the 40 Council grant Egekvist Bake Shops a variance to the City Sign Ordinance which would 41 permit them to erect a temporary, substantially constructed, portable sign, not to 42 exceed 30 square feet on aside which would identify their thrift bakery at 3005 43 37th Avenue N.E. during the construction phases of 37th Avenue with the sign to be 44 approved by and actual dates the sign is permitted to be in place to be determined 45 by the City staff. 46 47 Motion carried unanimously. 48 49 The applicant was informed that the Council would act on the Commission recommenda- 50 tion during their April 9th meeting. 51 • 52 At 8:27 P.M. , the Chair read the notice of the public hearing to consider the 53 petition from Genuine Parts Co. , 945 Pierce Butler Rte, St.-..Paul,, for the necessary 54 variances from the City Sign Ordinance requirements for additional signage for their 55 auto parts store at 3800 Silver Lake Road in the Apache Plaza Shopping Center complex. -4- • 1 The notice had been .published in the March 5, 1985 Bulletin and sent to all property 2 owners of record within 200 feet of the subject property. , No one present reported 3 failure to receive the notice or objected to its content. 4 5 As he had reported in his March 15th memorandum to the Commissioners, Mr. Childs 6 explained the proponents were proposing to add another 5 square foot NAPA logo on 7 the south side of the building as well as a 36 square foot "Auto Parts" sign which 8 would replace the existing 9 square foot "Auto Parts" which would be moved to the 9 west side of the store facing the mall . The resultant total square footage on the 10 store would be 109 square feet, as compared to the existing 68 square feet of sign- 11 age on the building. However, the proposed signage would be within the 150 maximum 12 square feet permitted for the existing business frontage on the south so the 13 variance would be needed in relation to the number of signs rather than total 14 area, the Manager said. 15 16 James Morris of Lawrence Sign, Inc. discussed the sign proposal with the Commissioners 17 and said he would have no problem with moving the logos. together so the entire sign 18 could be fitted into the parameters of the sign which had previously been on the 19 south side of the building if. the Commission were to interpret that the store 20 actually had two business frontages following the redesigning of the shopping center 21 roadways. He said the owners of the store believe they need better identification 22 since another business has all the signage on both the Silver Lake Road and north 23 side of the building. 24 25 The Manager confirmed that, with a 72 square foot sign on the south where the 26 ordinance would permit 76 square feet, and only 63 square feet on the west side, • 27 where 88 square feet would be permitted if there are two business frontages on the 28 store, the proposed signage would -be well within the total area permitted by the 29 ordinance, and no variance would -be necessary, thereby permitting the company to 30 apply for a building permit without Council action. 31 32 No one was present to speak against the proposal and there had been no calls 33 received for or against it by- staff, according to Mr. - Childs. The hearing was closed 34 at 8:45 P.M. for the following interpretation by the Commission: 35 36 Motion by Commissioner Jones and seconded by Commissioner Bjorklund to interpret that 37 the Genuine Parts store at 3800 Silver Lake Road, since it is located at a corner, 38 should be entitled to a sign for each business frontage on the south and west side 39 of that building, finding that, the store has no identification on the Silver Lake 40 Road side where another firm has its signage and -that the construction of the med- , 41 .idn on the west side of the building created another business frontage for the 42 store on that side. 43 44 Motion carried unanimously. 45 46 At 8:47 P.M. , Chair Franzese opened the public hearing to consider the request 47 from Brighton Development Corporation for the variances which would allow them to 48 construct 29 townhomes on the property located at 3242 Old Highway 8, commonly 49 referred to as the Walbon property. The Chair read the notice of the hearing which 50 had been published in the March 5, 1985 Bulletin and mailed to all property owners 51 within 350 feet of the subject property. • 52 53 In his March 15th memorandum to the Commissioners., the Manager had cited the justifi- 54 cations he saw for .granting the five variances necessary to develop the property and 55 thereby removed a blighted, non-conforming, incompatible land use in conformance with -5- 1 the Comprehensive Nan for the area and he stated that he perceived the developers • 2 had been very open and receptive to the concerns of both the neighborhood and 3 City .by providing double garages for all units and realigning- the six units on 4 the corner so the garages would face Old Highway 8 and the back yards would 5 be away from that .busy street. He added that to make these changes, Brighton 6 Development had decreased the project from 32 to 29 townhome units with a 7 corresponding raise in unit price to make the tax increment work. 8 9 Mr. Childs reported there had been 15 or 16 neighbors present for the informational 10 meeting conducted by Brighton' Development, March 2nd., and three of the nine 11 abutting neighbors were included in those present. The Manager also indicated 12 the developer had assured the homeowners on 33rd Avenue N.E. that the construction 13 access would only be temporary and the neighbors to the west that the existing 14 chain link fence to the rear would be taken down. The concerns of the neighbors 15 directly west of the- project- on 33rd Avenue N.E. had also been resolved satis- 16 factorily, he said. The Manager concluded his report by reporting the only 17 calls he had received about the project had been purchase inquiries. 18 19 Margaret Bracken, of Brighton Development, presented the revised drawings for the 20 project which were compared to the original project plans. She did not have the 21 models of the units which had been selected by the neighbors, but promised to have 22 them available for display in the City offices. Mr. Childs brought the elevation 23 drawings of the various units, which had been approved when the property was 24 rezoned, to the meeting and indicated only about a story and a half of the structures 25 would be visible from the abutting neighbors' homes. 26 • 27 Commissioner Madden told Ms. Bracken he owns a townhome on 37th Avenue N.E. , 28 another heavily traveled City roadway, where even with the -required setbacks, he 29 is unable to open his windows in the summer because of the street noises, and asked 30 her what steps the developers were willing to take to alleviate the noise levels 31 for the two units for which 10 foot setbacks are being sought. The corporation 32 representative indicated the units would be constructed with 2 X 6 walls, triple 33 glazed windows and central air condition.i ng.__woul d:-be-_opti onal . 34 35 The project time schedule was reiterated by the Manager and Ms. Bracken said the 36 final landscaping plans would be available April 15th and would call for as many 37 plantings as City easements would permit. Mr. Childs was confident the existing 38 pine trees would remain in the neighbors' back yards and indicated he anticipated 39 the County might want to correct some of the drainage on Old Highway 8. 40 41 In reference to the signage for the project, the developer said the project name 42 had not been announced yet but a temporary sign would be necessary until the middle 43 units are completed: ' She said there would be a trailer on the property until 44 the first units are constructed, when one of those units could be used for a model 45 and sales office. Ms. Bracken reported there had already been three seriously 46 interested purchasers for the first units. 47 48 When Commissioner Jones commented that he hoped the architecture would be uniform 49 since he had considered the mix of styles in a St. Louis Park project, with green- 50 houses, etc. on some units, was "terrible", the developer responded by saying, 51 "interestingly enough, some of the interested purchasers of the townhomes had been • 52 interested in having a greenhouse fitted into the deck". 53 54 There was no expression of opposition to the variances or the project demonstrated 55 during the hearing, which was closed at 9: 10 P.M. for a Commission recommendation 56 to the Council . -6- 1 Motion by Commissioner Bjorkl.und and seconded by _Commiss•ioner..Hansen to recommend • 2 the Council grant the following variances to the City Zoning Ordinance to allow 3 construction of 29 townhouses on property at 3242 Old Highway 8 for the Old 4 Highway 8 Redevelopment 'Project: 5 6 1 . A 20 foot setback from 33rd Avenue N.E. for one unit DO feet-:;required); 7 8 2. A 24 foot setback from the west property .line adjacent to 3612 - 33rd Avenue 9 N.E. DO feet required); 10 11 3. A 25 foot setback- from the. west property line for 8 units located adjacent to 12 3209, 3213, 3217, 3221 Croft Drive N.E. DO feet required); 13 14 4. A 10 foot setback from Old..Highway 8 the east of 2 units (30 feet required); and 15 16 5. A density variance to allow 29 units, where 27.5 units are allowed by Ordinance. 17 18 In recommending these variances be granted, the Planning Commission finds that: 19 20 1 . All three questions on the application form, which must be answered affirmatively, 21 have been done so with this request; 22 23 2. The physical attributes of this property make it unique in regard to shape and 24 topography; 25 26 3. The project would eliminate a legal , non-conforming use of long duration; • 27 28 4. Expression of opposition to the .higher density necessary to make the project 29 work was minimal- during the various hearings held by the Ci'ty on the project; 30 31 5. The Planning Commission, staff, and neighbors had significant public input 32 into the final plans for- the project; and 33 34 6. There was no opposition to the variances requested for the project expressed 35 during the March 19th Planning Commission hearing. 36 37 The Commission further recommends these variances be granted on the. condition that 38 there be noise abatement construction, including, 2 X 6 walls, triple glazed windows, 39 and significant insulation, . for the two units facing Old Highway 8 where only 40 10 foot setbacks would be allowed. 41 42 Motion carried unanimously. 43 44 Commissioner Madden commented that he was pleased to see there would be six different 45 townhome projects in the City once this project is completed and the Chair said she 46 was personally appreciative of the provision of two car garages and that on-site 47 parking exceeded the City Ordinance requirements. 48 J 49 The notice of the April 2nd Council hearing on the City's proposed use of its Year XI, 50 Community Development Block Grant planning allocation of $34,061 was included in 51 the Commission packet with the notation that the Council would like Commission • 52 input on how the funds are to be used. 53 54 Mr. Childs said the County had informed him that .they were having a hard time 55 expending the monies already allocated for housing rehabilitation in St. Anthony 56 and he was therefore proposing that $28,961. be used for site improvements, -7- 1 landscaping, and soil corrections for the Walker Senior Housing Project on • 2 Kenzie Terrace. 3 4 Commissioner Jones acknowledged that the County had previously turned down the 5 proposed use of CDBG funds for continuation of the walkways along Stinson Boulevard 6 to the Apache Medical Center, but he was still convinced that if the senior 7 housing building .across Stinson on 39th Avenue N.E. were taken into consideration 8 as well as the number of bus riders from the Equinox Apartments and users of the 9 Medical Center; who ride the buses, the City could make a case for a sidewalk from 10 39th to the center, where walking anywhere else besides that busy thoroughfare to 11 reach the center in the winter is impossible. The Manager said he would run 12 the sidewalk proposal past the County again. 13 14 Motion by Commissioner Jones and seconded by Commissioner Madden to recommend the 15 St.. Anthony's Year XI CDBG funds -be allocated as follows: 16 17 Public Service (_Senior citizen- program) $ 5,100 18 Site Improvement, Landscaping, and Soil . 23,961 19 Correction for the Kenzie Terrace Senior 20 Housing Project 21 Sidewalks- from near 39th Avenue N.E. to 5,000 22 Apache Medical Center 23 $34,061 24 25 Motion carried unanimously. 26 . 27 Commissioner Bjorklund commented that he perceived the Sroga station at 3201 28 Stinson Boulevard had changed from a commercial to .industrial since their business 29 had changed exclusively to towing. He said most of the time the site looks like a 30 truck terminal with from 3 to 5 vehicles parked in front, some of them exceedingly 31 large trucks. The Manager indicated he perceived -this to be a similar situation 32 to what the City faced with- the Walbon property where.there the City had no legal 33 position regarding a normal business growth. However, he said the City can see to 34 it that towed cars are not- parked outside the fence area. The Commissioner indi - 35 cated he still perceived considering the growth from a gas station to a towing, 36 trucking industry was stretching the concept and he said other communities have 37 strict prohibitions about an industrial use in a--residential neighborhood. 38 39 Commissioner Bjorklund then complimented the Manager on the excellent job on the 40 City Directory and suggested it -might- be helpful to include the listings of public 41 hearing procedures, which the Commissioner recalled had been available in the _ 42 office..at one time. 43 - 44 Commissioner Hansen requested staff look into the signage for the Amoco station on 45 Silver Lake Road and 37th Avenue N.E. , particularly the large gaudy sign advertis- 4 6 ing the sale of cigarettes which made the station look like"a carnival ". 47 48 Motion by Commissioner Madden and seconded by Commissioner Jones to adjourn the 49 50 meeting at 9:40 P.M. 51 Motion carried unanimously. • 52 53 Respectfully submitted, 54 55 Helen Crowe, Secretary