HomeMy WebLinkAboutPL MINUTES 05211985 Meeting Sheet
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Folder: PL MINUTES AND AGENDAS 1985 i
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Document: PL MINUTES 05211985 T
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CITY OF ST. ANTHONY
PLANNING COMMISSION MINUTES
May 21 , 1985
1 The meeting was called to order at 7:34 P.M. -by Chair Franzese.
2
3 Present for roll call : Wagner, Madden, Franzese, Hansen, Bjorklund, and Jones
4 Cat 7:35 P.M. ).
5
6 Absent: Bowerman.
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8 Also present: David Childs, City Manager.
9
10 Motion by Commissioner Jones and seconded by Commissioner Hansen to approve the
11 minutes of the Planning- Commission meeting held April 16, 1985 with the following
12 changes:
13
14 Page 1 , lines 29-31 : Clarify the wording to indicate the applicant had requested
15 that the existing video store identification sign could be
16 transferred from the store's previous location and mounted
17 on the new store canopy.
18
19 Page 1 , lines 41 -43: Strike the entire statement by Larry Hamer related to the
20 Manager's recommendation regarding the video center signage.
21
22 Motion carried unanimously.
23
24 Commissioner Wagner indicated he would be willing to report the May 21st minutes
25 to the Council at their May 28th meeting.
26
27 In his May 15th memorandum, the Manager had informed the Commission. members that
28 both the Town and Country store and Midwest Federal Savings and Loan Association had
29 withdrawn their sign variance requests which had been tabled at the April 16th
30 Commission meeting. Mr. Childs reiterated the new plans for signage for those
31 establishments, which had been developed during the meetings with him, would require
32 no variances.
33
At 7:47 P.M. , the 99� Video Club request for- variances -for signage to identify their na
34 q 9 9
35 new store in the St. Anthony Shopping Center was taken off the table for presenta-
36 tion of an amended request for signage from Bill Mortice, one of the new store
37 owners.
38
e for the video sales
Mr. Mortice said he wanted to eliminate the request for signage 39 q 9 9
and rental operation which had been made A ri-1 16th b his artner, Sam Cza lewski
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4 1 and only wanted to retain the 5 foot by 20 foot sign-.gotten with the Curtis Mathes
42 franchise which would replace the 8 foot by 20 foot Ledwein sign the new owners had
43 removed from the front of their store. Mr. Childs had reported this amended request
44 in his memorandum and had advised that the applicants could probably have kept the
• 45 old sign and painted new lettering on it without a variance.
46
47 The' Manager reported talking to Gordon Fox of the Eberhardt Company who manages
48 the St. Anthony Shopping Center and circulated the plan for uniform signage for
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1 the center, which Mr. Fox had told him had been sent to the center's owners in
• 2 Portugal for permission to go. ahead.with the $300,000 improvement--program, but
3 which had not received their approval . Mr. Mortice confirmed-that Mr. Fox had
4 also told him about the proposed upgrading of the center's signage and the store
5 owner said he would be willing to replace the sign on his store at that time with
6 whatever signage the center demands *of its tenants. He had a much larger Curtis
7 Mathes sign on his store in the Coon Rapids Shopping Center, Mr. Mortice said, and
8 he had been the first tenant to conform to the uniform signage requirements of
g that landlord.
10
11 Mr. Mortice told the Commissioners his partner had misquoted Mr. Childs' assessment
12 of their original sign request at their April 16th meeting and under questioning
13 by the Chair and Commissioner Hansen, the Curtis Mathes .dealer confirmed that the
14 $5,000 sign he wanted to erect on -the store had been a part of the. $10,000 Curtis
15 Mathes franchise cost and=not a condition under which the :franchise was ,granted.
16 However, Mr. Mortice said, he wasn't sure whether he could trade the .large sign
17 for a smaller one.
18
19 The minute he gets approval for a Curtis Mathes sign on his building, the- store-
20
he store
20 manager said he would be taking down the "ugly 990 Video" sign on the frontof the
21 the
because, "we don't need it". He did nevertheless insist that the store
22 needed the franchise identification because many customers and- even truck drivers
23 have indicated they had difficulty finding his establishment. Mr. Mortice indi-
24 cated he would welcome any plan to upgrade the signage on the rest of the stores
25 in the shopping center and told the Commissioners several other store owners near
26 him had indicated they were going to start improving their own business establish-
27
stablish-27 ments after seeing the improvements he had made.
28
29 Commissioner Jones indicated he perceived there might be extenuating circumstances
30 which could .be considered in recommending approval of the requested signage includ-
31 ing the possibility that the Sign Ordinance might present a hardship for this
32 particular store which is extremely narrow and deep where-the ordinance bases
33 signage size on only the store frontage. However, the Commissioner would like
34 to have it stipulated that the variance would only be granted on the condition
35 that the store owners agreed to replace that signage with the type of signage the
36 center might require for all the stores sometime in the near future.
37
38 There was no one present to speak against the proposal and the hearing was closed
39 at 8:00 P.M. for a decision by the Planning Commission.
40
41 Motion by Commissioner Madden and seconded-by Commissioner Wagner to recommend the
42 Council grant a variance to the Sign Ordinance for a 100 square foot sign (5 ' X 20 ' )
43 where only a 54 foot sign would be allowed by ordinance to identify the- store at
44 2908 Pentagon Drive as a Curtis Mathes Home Entertainment Center, finding that the
45 store's frontage does not accurately reflect the square footage for that building
46 which i.s extremely narrow and deep and that the owner had agreed to take down the
47 existing 990 Video Center signage on the store and replace it with the Curtis
48 Mathes sign which better conforms to the standards for quality sought in the
49 Sign Ordinance.
50
51 Before the vote on the motion was taken, Commissioners Hansen and Bjorklund stated
• 52 the reasons they would be voting in opposition to the motion. .Commissioner Hansen
53 said he perceived the City would be setting a dangerous precedent for future sign-
54 age in the Center by permitting this store so much more sign square footage than
55 established for a store frontage this size. The Commissioner indicated he doubted
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1 denial of the request could be perceived as an undue hardship on this particular
2 merchant since similar requests for signage had recently been turned down for other
3 business establishments. Commissioner Hansen said he could not imagine the City's
4 requirements for signage had come as. a great surprise to this petitioner since
5 it is hard for him to understand how a good businessman would have invested so
6 much money in a' store without ever finding out what the City's ordinances were.
7 He also said he doubted the upgrading of the shopping center would be a reality
8 very soon.
9
to Commissioner Bjorklund indicated he was not convinced the previous sign on that
11 same building had not been- illegal frow the start. He wanted to deny any variances
12 for signage in ,the center from now on until pressures from their tenants forced
13 the center owners to do something about uniform signage. The Commissioner said
14 he resented the implication that. denying this type of variances was intended to
15 be "antibusiness and he said he was convinced the store manager could operate
16 a successful business with a smaller, quality sign. Commissioner Bjorklund said
17 he had observed signs did not make that much difference towards whether a store
18 made it or not with stores with excessive signage' go ing out of business while
19 others with a. minimum of signage succeed.
20
21 Commissioners Madden and Wagner indicated they would be unwilling to stipulate
22 in their motion that this merchant would have to conform to uniform signage if
23 it is- ever put up because they did not believe it would be fair to put the burden
24 of getting the center's signage upgraded on one merchant.
25
26 Mr. Mortice answered more questions about the sign he was proposing and told
•
27 Commissioner Jones it would only be lit at night during business hours. He con-
28 cluded by telling the Commissionc!members he had-been advised not to locate in this
29 shopping center but made the decision toput his Curtis Mathes in that location
30 because he believed then and -now that he could conduct a successful business there
31 if he could just get identification.
32
33 Chair Franzese said she agreed to some extent with Commissioners Hansen and
34 Bjorklund' s objections but she perceived the store might need more than the allowed
35 signage because of its location in that particular center and she compared the
36 requested signage with the excessive signage on the hardware store in the same
37 center. She also said she viewed this an opportunity to replace an undesirable
38 sign with a quality sign.
39
40 Commissioner. Wagner's perception was that, if the City took no interest in upgrad-
41 ing the center, the conditions would probably get worse and worse and the area
42 would become a bigger eyesore than it was now.* Commissioner Bjorklund responded
43 by saying he- perceived compromising the Sign Ordinance in this case would only be
44 putting a bandaid on the sore.
45
46 Voting on the motion:
47
48 /dye: Madden, Wagner and Franzese.
49
50 Nay: Bjorklund, Hansen, and Jones.
51
• 52 Motion did not carry.
53
54 The Chair told Mr. Morticethe request would go to the Council without a Commission
55 recommendation and urged him to go to the May 28th Council meeting because it is
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1 the Council who makes the final decision. . The store owner said he needed the sign
2 so badly he wondered .if he shouldn't just go ahead and put, up a 54 foot sign for
3 identification since- he attributed poor sales since he had opened up to the fact
4 that most people didn't know he was in that location.
5
6 At 8:15 P.M. , -the Chair opened the publi.c .hearing to consider the request from
7 Brighton Development Corporation for preliminary plat, approval for the Village
8 Townhouses in St. Anthony, a 29 unit development to be located at 3242 Old Highway
9 8 on what is commonly referred,to as the Walbon property.
10
11 Notice of the hearing had been published in the May 7th Bulletin -and sent to all
12 property owners of record within 350 feet of the subject property. Three of these
13 residents were present for the consideration and none of them reported failure to
14 receive the notice or objected-to .its content.
15
16 Mr. Childs reported the Fire Department and, Publi,c Works Department had both
17 reviewed the plans and had indicated they had no problems with them, and the
18 Manager reiterated as stated in his May •1,6th .memorandum on the request, that
19 staff's recommendation was that the City approve the preliminary plat.
20
21 Linda Donaldson of Brighton' Development was- present to-answer questions about the
22 project and she gave a detailed description of the various' townhomes which would
23 be built. Commissioner Bjorklund had indicated he would like to see it spelled
24 out on the plat that there would be no access from the project site onto 33rd
25 Avenue N.E. once the townhomes are built. Ms. Donaldson said the plans would be
26 amended to indicate no access on 33rd once the project is completed, but her
27 understanding with staff had been that a ,temporary access would be permitted off
28 33rd during the construction period so that traffic would. not have to interface
29 with the regular traffic along Old Highway 8.
30
31 All bids for the project had been let. and, Ms. Donaldson indicated that as soon as
32 they and the City' finishes their paper work, her firm is ready to sign and to start
33 construction on the first units, which w_ould `be built on the corner of 33rd
34 Avenue and Old Highway 8.
35
'36 One of the residents who was present reported there are refr_i.gerator trucks again
37 on the Walbon property and he asked when 'the Walbons had to be off the land.
38 Mr. Childs told him ,that according to the .purchase agreement° the deadline is
39 September 30th, which would be enforced even if the Walbons have difficulty
40 getting a building permit in Little Canada for their new building. The Manager
41 promised to investigate--the truck running report.
42
43 No one spoke against the platting or project and -the hearing was closed at
44 8:30 P.M.
45
46 Motion by Commissioner Jones and seconded by Commissioner Bjorklund to recommend
47 Council approval of the preliminary platting for the Village Townhouses of
48 St. Anthony, a 29 unit townhouse project being developed by Brighton Development
49 Corporation at 3242 Old Highway 8, with the addition of the description of unit
50 sizes; identification of utility easement location; and the spelling out that
51 there would be no access permitted onto 33rd Avenue. N.E. , except during the
52 construction and initial sales periods.
53
54 In recommending approval , the Commission finds that:
55
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1 1 . The proposed plat meets. al,l City zoning requirements and the configuration
2 of the project calls for a minimum of variances;
3
4 2. There was significant staff and community input into the final project plans
5 through various public hea"rings on the proposal ; and
6
7 3. The 2,9 units of residential housing provided by the project would be a welcome
8 addition to the community.
9
10 Motion carried unanimously.
11
12 At' 8:32 P.M. , the Chair called to-order the public hearing to consider the request
13 from Sheldon A. Mortenson, 2289-85th Avenue N.E. , for subdivision without platting
14 approval for the properties at 3720, 3728, and 3800 Foss Road N.E. , where the
15 Caravelle Apartments are located-, to be divided into three separate parcels.
16
17 The notice -of the hearing had been publ-ished in the May 7th Bulletin and notices
18 had been mailed to all property owners of record within 350 feet of the subject
19 property. No one present reported failure to receive the notice or objected to
20 its content.
21
22 The Manager reported receiving a few calls from Foss Road residents who had mis-
2 3 takenly concluded a new building would be going on the property just to the north
24 of this site. In his May 16th memorandum, Mr. Childs had explained the intent
25 of the platting, telling the Commissioners that the original design for the
26 apartments had provided for the division of these parcels, which Mr. Mortenson
• 27 told them, he had just never gotten around -to doing. The property owner told
28 Commissioner Bjorklund it was not his intention to sell the apartment buildings
29 but that he only wanted to straighten out the description to avoid the hassle
30 with the tax statements.
31
32 When Mr. Childs indicated Mr. Mortenson 's taxes are among the 10 highest in the
33 City, the petitioner said he pays $100,000 for six buildings which have a total
34 of 108 units in them. He added that the subdivision would have no effect on that
35 amount.
36
37 Mr. Childs confirmed there would be no setback or density problems for individual
38 parcels on the property as a whole with the subdivision and indicated that the
39 Torrance Office would be willing to accept the subdivision if it were approved
40 by the City.
41
42 No one else spoke either for or against the subdivision request and the hearing
43 was closed at 8:38 P.M. for the following Commission action:
44
45 Motion by Commissioner Jones and seconded by Commissioner Bjorklund to recommend
46 Council approval .of subdivision without platting for the S 1/2 of Lot 4 and all of
47 Lots 5, 6, and 7, Block 7 Moundsview Acres, 2nd Addition (.3720, 3728, and 2800
48 Foss.-Road N.E. ) to be divided into three separate parcels to conform with Survey
49 No. 4427, dated February 28, 1964, finding that:
50
51 1 . No one spoke in opposition to the request to subdivide the property at the
52 May 21st hearing; and
53
54 2. The proposed subdivision would allow the existing buildings on these parcels
55 to conform to all appropriate zoning requirements; including setbacks and
56 lot size.
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1 Motion carried' unanimously.
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3 Chair Franzese reported Commissioner Bowerman had called her before the meeting
4 to explain that, because of his involvement in his firm's complication negotiations
5 with Powers, the Commissioner would not be able to make the meeting that evening.
6
7 Commissioner Madden indicated he had felt very badly about the vote on the Curtis
8 Mathes signage because he had not been convinced it had not been an "antibusiness"
9 vote, considering some ,of the excessive signage he had perceived around the City
10 lately. Because he had not yet received his Zoning Ordi.nance book, the Commis-
11 sioner said he did -not -understand just.why,gas stations were treated differently
12 than other City -businesses. He had- especially become concerned with the "junky"
13 signs hanging all over the Mico station at 37th and Stinson along with a "for
14 sale" sign in the window of an old car parked on the property corner.
15 -
16 Commissioners Hansen and Bjorklund responded by saying they believe the problem of -
17 sign proliferation around the City was a result of lack of enforcement of the
18 existing ordinances. Commissioner Hansen defended his vote to "support the
19 ordinance and the betterment of the community" against the claim it had been an
20 antibusiness vote and suggested that, if it is perceived that the City's Sign
21 Ordinance is driving business out of town, the ordinance • itself should be re-
22 examined. He reiterated that the Curtis Mathes dealer had come to the City "after-
23 the-fact" and had never really claimed his business would depend only upon the
24 larger sign which he had gotten as a part of the business franchise. The Com-
25 missioner drew attention to recent cases where signage had been denied to other
26 businesses like the radio shop on Lowry Avenue and the bakery on 37th Avenue N.E. ,
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27 both of whom had insisted they couldn't operate their businesses without more
28 signage than the City allowed.
29
30 Commissioner Bjorklund indicated he was not downgrading the importance of advertis-
31 ing but he reiterated he knew of many instances where businesses with substantial
32 signage had gone out of business. The Commissioner said he perceived there was
33 a great potential for- abuse if the City continues to ignore the existing Sign
34 Ordinance.
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36 The Chair indicated she agreed "120%" with these statements but perceived there
37 had been reasonable justification for aiding a potentially successful business to
38 stay in that center. Her concern was that if the City doesn 't foster stores who
39 c,an afford the high rents, the center would continue to deteriorate.
40
41 Commissioner Jones conceded that he had vacillated on the sign decision but said
42 in the end he had been convinced by Commissioners Hansen and Bjorklund's perception
43 that the sign would be excessively larger-than allowed by the ordinance, especially
44 as compared to the size of variances recently granted. The Commissioner indicated
45 he had also perceived Mr. Mortice had not really emphasized .the need for a larger
46 sign and at the end had even stated that he might put up the smaller conforming
47 sign just get identification.
48
49 Commissioner Bjorklund indicated he wanted to temper his recent complaints about
50 enforcement by complimenting the staff on the improvement of the appearance of the
51 Sroga property since the last meeting.
52
53 In response to the query from the moped dealer and the request from the Planning
54 Commission at the April 16th meeting to be provided copies of the Planning Com-
55 mission and Council minutes related to the Kokes,h Motorcycle Shop request to
56 establish motorcycle accessory sales as a conditional use for the City, Mr. Childs
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1 had included 'in the agenda packet copies of the 1982 minutes related to that
• 2 request. However, he' indicated he believed- the moped' dealer who had to immediately
3 relocate his burned out business, had found another shop somewhere else in the
4 meantime and the Manager asked if the Commission members were still interested in
5 adding that use to the list of approved conditionaluses for the City. Commis-
v,-6 sioner Jones indicated-he perceived it would be _better to consider each request
7 on its own merits and it was helpful, to have the necessary research done beforehand.
8
9 The delays in obtaining prestressed panels from Fab Con for the Kenzington were
10 discussed with Mr. Childs who said Arkell Development was recently saying some
11 units would be available around Christmas. The Manager said he anticipates the
12 County Road D reconstruction would be started this summer, but he doubts that the
13 project would be completed this year.
14
15 When asked about the progress of the proposed .retirement home being erected by the
16 St. Anthony Health Center, Mr. Childs said the nursing- home-owners were getting
17 together a proposal -for obtaining tax increment financing for the footing and
18 foundation (_soil correction) costs which were running much higher than had been
19 originally anticipated.
20
21 When the Manager told Commissioners Hansen and Bjorkl.und the Johnson property
22 insurance claims had not been settled. yet, -they indicated they better understood
23 why there was still so much debris laying around that -tornado damaged site. Mr.
24 Childs said he would talk to Mr. Johnson about the materials which are still on the
25 City' s right-of-way.
26
27 Commissioner Wagner explained that the Faith Methdist Church was still waiting for
28 a landscaping plan- before they cleaned up the portion of their property about
29 which the neighbors are complaining.
30
31 Commissioner Bjorklund suggested it might be helpful for Commission members to have
32 listing of all new housing stock in the City and Mr. Childs told him that sur-
33 prisingly enough there is more which is not tornado damage related than is.
34 The Chair commented that she had seen a real estate pamphlet which stated St.
35 Anthony's property values had gone down.
36
37 Commissioner Bjorklund said he thought the recent Town Meeting conducted by the
38 staff and Council had been really good and he was just disappointed that meeting
39 had not attracted the same number of residents as the school .public hearing had.
40 The Commissioner remarked that he perceived the City was dragging its feet on
41 proceeding with the Capital ' Improvement Program and 'in fact were subverting the
42 Planning Commission with -respect to these matters. -He indicated he believed the
43 Commission members should be involved more in .the planning, especially for the
44 reconstruction of streets than the Council seemed -to want them to be involved.
45 Mr. Childs challenged that conclusion by' saying he perceived the staff and Council
46 are in the process of 'defi-ning the need and that- not everyone is of the opinion
47 that there is any urgency for starting a program.
48
49 Motion by Commissioner Jones and seconded by Commissioner Madden to adjourn the
50 meeting at 9:30 'P.M.
51
• 52 Motion carried unanimously.
53
54 Respectfully submitted,
55 Helen Crowe, Secretary