HomeMy WebLinkAboutPL MINUTES 06181985 Meeting Sheet
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Folder: PL MINUTES AND AGENDAS 1985
Document: PL MINUTES 06181985 "f
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CITY OF ST. ANTHONY
• PLANNING COMMISSION MINUTES
June 18, 1985
1 The meeting was called to order at 7:31 P.M. by Chair Franzese.
2
3 Present for roll call : Franzese, Bjorklund, Madden, and Wagner.
4
5 Absent: Jones, Bowerman, and Hansen.
6
7 Also present: David Childs, City Manager; and Steve Carlson, Mankato State
8 University Senior Intern.
9
10 Motion by Commissioner Bjorklund and seconded by Commissioner Wagner to approve
11 the minutes of the Planning Commission meeting held May 21 , 1985, with the
12 following amendments:
13
14 Page 1 , line 42: Substitute "25" for "20" foot.
15
16 Page 6, line 4: Substitute "complicated" for "complication".
17
18 Page 6, line 47: Insert "to" between "just" and "get".
• 19
20 Motion carried unanimously.
21
22 Commissioner Madden agreed to report the minutes to the Council during their
23 June 25, 1985 meeting.
24
25 Several housekeeping items were considered during the interim before the first
26 public hearing.
27
28 The Manager told Commissioner. Bjorkl_und that the Twin City Federal sign south of
29 their bannkling-:faci_l�ity on •Si.jver Lake:,Road �had_erroneously_ tated-.that =the- parcel
30 was zoned for commercial development and,; as- an aside, said the land on which the -
31 sign is located is actually owned -by Kenneth Lee. Mr. Childs told the Commissioner
32 that there had indeed, been discussions in the past about having a liquor store
33 erected on that site by the City, but any further determination might be one of-
34 the issues to be considered by several community task forces comprised of
35 representatives from the Planning Commission, residents, business interests and
36 other civic organizations which are to be set- up this summer to study the City's
37 liquor operation, the upgrading of the street system, and the location of the
38 City Administration offices. He would not expect that the studies would be long
39 term propositions, the Manager said, but rather anticipated they would be com-
40 pleted within a few months, if the groups are activated this fall . Mr. Childs
41 introduced Steve Carlson, who he said is interning with the City this summer and
42 who would be aiding him in gathering the necessary data for those studies.
43
44 Commissioner Bjorklund suggested the City should send a letter to the owner of the
• 4 5 sign on 3.3rd Avenue N.E. advertising the sale of night crawlers before a proli-
4feration of signing advertising the sharpening of saw blades, etc. blossoms
47 throughout the Village.
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• 1 Commissioner Wagner was assured that the 99¢Video sign would be removed from the
2 Curtis Mathes store as agreed to by the dealership owners, and Mr. Childs told
3 Commissioner 'Ma'dden the staff had informed the Mico station owner that he would
4 have to remove all the non-conforming signage from his premises.
5
6 At 7:47 P.M. , the Chair opened the hearing, to consider the petition from Richard
7 Kaput for a conditional ' use permit which would' allow the operation of a karate
8 school at 2526 Harding Street N.E. , one of the vacant stores in the St. Anthony
9 Village Shopping Center, with the understanding that store is included in the
10 Kenzie Terrace Redevelopment Project which could be developed for housing in the
11 future.
12
13 According to the Manager, the notice of the hearing had been published in the
14 June 4th Bulletin and mailed to all property- owners of record within 350 feet of
15 the subject property. Noone present indicated an interest in the proposal or
16 stepped forward to present the request to the 'Commissioners. Mr. Childs read
17 the letter which had been sent June 4th to the petitioner advising him that
18 failure to appear ,at the meeting could result in the Commission automatically
19 following the pol°icy established`-for such absences, to send the request on to the
20 Council with the Commission' s recommendation for denial because -of lack of infor-
21 mation on which to make an educated decision. The Manager's recommendation was
22 that the policy should be followed in this case as well . Commissioner Bjorklund
23 commented that he had noted that there had been no notice of the hearing posted
24 at the entrance door to building or the Council Chambers which might have some
25 bearing on the absence of the Karate School representatives.
26
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27 In his June *1-4th memorandum on the request, the Manager had observed that the
28 proposed use tended to be more school , than health spa or gym., oriented but
29 fell within the same category for .zoning purposes. He rei-terated that staff had
30 received no comments from the public related" to the proposal and, therefore
31 recommended approval of the permit with imposition of any conditions the Commis-
32 sion decided would assure its use only for the purposes stated in the application.
33
34 Commissioner Bjorklund indicated he was somewhat concerned with the possibility
35 that the use could evolve into some non-desirable use in the future and wanted
36 any approval made contingent upon the assurance that the owners would have to
37 return for a variance if that use should change or be added to later on.
38
39 Commissioner Madden- indicated he perceived the school would be a reasonable use
40 as long as the permit stated the school would not be operated later than 10:00 P.M. ,
41 as the petitioner had -indicated would be his intention on the drawings attached
42 to his application. The Commissioner said he personally could see no relationship
43 between a karate school and a use like a sauna, especially since the application
44 had stated explicitly that only permission for a karate school was being sought.
45 Commissioner Madden indicated he would prefer to lay the matter over the the
-46 next Commission meeting rather than chance that a viable business might be lost
47 to _that- particular shopping-'center, which is certainly hurting for business, just
48 because the -applicant might have misunderstood his presence was required that
49 evening -or had a legitimate reason for not attending. He also questioned
50 whether a Commission policy about which some of the Commissioners were unaware
51 should be enforced without getting an agreement from all the Commissioners who
• -52 were present.
53
54 Mr. Childs told the Commissioner the applicant had- indicated to him that he was
55 anxious to open July 1st and would probably not be too happy having to wait another
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1 month. The Manager also indicated he perceived that- it might be very difficult
• 2 for the City to refuse a 'request for a use which- had been included as an acceptable
3 use for the City in the Zoning Ordinance. He speculated that it was possible the
4 petitioner would appear before the 'Council June 25th and they, with the benefit
5 of the Commission concerns as a guideline, might grant the permit. Commissioner
6 Bjorklund commented that he certainly wouldn't want to give the request an O.K.
7 without having any input from the applicant.
8
9 The hearing was closed at 7:57 P.M.
10
11 Motion by Commissioner Bjorklund and seconded' by Commissioner Wagner to recommend
12 the Council deny the request fora conditional- use permit for a Karate School at
13 2526 Harding Street N.E. ,. because the proponent had failed to attend the Commission
14 hearing on the proposal to provide input related to the issues and Commission
15 concerns about the use which were raised during the hearing and there was no one
16 present for the public ,to speak either for or- against the request.
17
18 Motion carried unanimously.
19
20 At 8:01 P.M. , the Chair opened the public hearing to consider a request from
21 Bernard Blanske for a variance from Zoning. Ordinance setback regulations which
22 would allow the construction of a second floor addition to the existing central
23 area of the mini-warehouses located at 3829 Foss Road. The variance would allow
24 a 33 foot setback, identical to that allowed the original building, from Sunset
25 Lane, where the ordinance requires 40 feet.
26
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27 The notice had been published in the June''4th "Bulletin and mailed to all property
28 owners of record within 200 feet of the subject property, none of- whom were present,
29 and the Manager reported receiving no calls either for or against the proposal .
30 As he had advised in his June 14th memorandum, Mr. . Childs reiterated that staff
31 had perceived this to be a well mai-ntained',use with the street in front of the
32 building having been constructed by the owner -according to all City standards.
33 Whether the original building had been designed to support a second floor, would
34 be determined prior to issuance of a building permit, the Manager told Commissioner
35 Madden. The Commissioner, who lives close by, questioned the identification of
36 the warehouse facility on the side of the truck/trailer, which, he said, is
37 always parked across the street. Mr. Childs told him that, if the sign remains,
38 it would be non-conforming to the Sign Ordinance.
39
40 Commissioner Bjorklund recalled that the identification of a land use conflict in
41 that area in the City's' Comprehensi`ve Plan had been a major issue when the first
42 variances for the existing structure were granted in 1980 but he indicated he
43 perceived that, with so much commercial development in that area since that time,
44 adding to ,-this building could not worsen the situation. The Manager added that,
45 trying to change the complexion of that area at this stage would, in his own
46 opinion, not be an achieveable goal . He had included in the agenda packet copies
47 of some of the pertinent minutes reporting Council and Commission action related
48 to the original warehouse structure.
49
50 Mr. Bl.anske was present and indicated he perceived that it had been because he
51 had followed the City' s direction to tuck the side structures into the hill where
52 the units were 7 or 8 feet below -grade, that he now needed to add long term
53 storage space on the second floor to avoid the dampness in the materials stored
54 in the underground- units. He told the Commissioners he keeps the trailer/truck
55 on his property across the street available for very short term storage purposes
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• 1 and said it would be no problem to .remove that signage; :,i-f that's what..the City
2 wants. The applicant told Chair F.ranzese 'he antici-pates no problems with the
3 runoff from the second addition, since the drainage system on the site had been
4 designed to meet the Rice Creek Watershed District's requirements which differed
5 from the City's at the time the first. addi,tion was constructed.
6
7 Although he recognized, as stated by Commissioner Bjorklund, that the industrial
8 standard for a typical mini=warehouse was to have -the facility .fenced in, Mr.
9 Blanske said there are many..in other states which are not fenced in. The petitioner
10 said he perceived fences to be' unnecessary. since he lives next door and provides
11 surveillance of, these units 95% of the time, and the City police patrol the area
12 every night. The facility owner indicated -he believed Commissioner Bjorklund's
13 concerns about unauthori.zed persons getti'ng' into the warehouse units at night
14 were unfounded since the facility is secured each night at 9:00 P.M. by both
15 deadbolt locks -and padlocks and no .access is permitted onto' the property or cars.
16 allowed to park there at -ni,ght. He perceived a partial fence would just provide
17 a good hiding place and said he has never 'had. a� problem while he has heard that
.18 facilities which are fenced have been broken into. The Manager agreed, saying
19 the City Police would rather be able to drive around the property and disliked
20 fences because they prohibited them from seeing all -around buildings.
21
22 Mr. Blanske told Commissioner Bjorklund he would not have to be told to provide a
2.3- fence if he started to have break-ins -in his facility and the petitioner concluded
24 by saying his had always been a "clean operation-- .' -with no problems for the City
25 because' he had always delivered on all ,his promises, and more". Commissioner
26 Madden, who lives a 'half block away, agreed.
• 27
28 No one else spoke for or against the proposal and the hearing was closed at 8:27 P.M.
29 for Commission -deve-l:opment of a motion- to the Council .
30
31 Mr:. Childs was absent from the room during most of the discussion which preceded
32 the motion.
33
34 Commissioner Bjorklund indicated he found the existing facility to be a clean, non-
35 offensive- type of use which generated *litt-le or no traffic on that deadend
36 street. and he recognized the parcel had both unique terrain and topography, but
37 he indicated he still persisted in the belief that if gates were installed, there
38 would be necessity for less po'l'ice involvement in, and City responsibility for,
39 the security of--the buildings: He wanted the approval made. contingent upon the
40 removal of the sign from the truck/trai-ler; guidelines set to prevent access to
41 the property- or the internal hallways-after dark; and finally, the installation of
42 gates on the project.
43
44 Commissioner, Wagner indicated he foresaw- gates would create more problems than
45 they .would solve. - Commissioner-Madden said he perceived a real advantage in having
46 the police swing completely around the structures during their patrols of that
47 area, and the Chair indicated she wanted to accept the staff's recommendation
4 g against fences- since-it appeared there -had been no problems without them to date.
49 Commissioner Bjork'lund. r.esponded by saying it had been his intention to guarantee
50 it would stay that way, even if the ownership of the facility should change in -
51 the future.
• 52
53 Motion by Commissioner Bjorklund and seconded by Commissioner Wagner to recommend
54 the Council- grant Bernard Blanske a seven foot variance from the City Zoning
55 Ordinance requirement for a 40 foot setback from Sunset Lane, which would allow
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• 1 the construction of a second floor addition to the center units of the mini-warehouses
2 located at 3829 Foss Road, as proposed in the plans included in the Commission
3 agenda packet and presented during the June 18th Commission hearing; finding that.
4
5 1 . All three conditions which are required to' be satisfied for such a variance
6 had- been done so* with the proposal , especially in regard to the physical
7 attributes of' the site, which is located"on 'a deadend street with little or no
8 traffic, and has a unique slope and topography;
9
10 2. Land values in 'the 'area would not be .harmed by granting the variance;
11
12 3. Granting the variance would not -intensify the potential for the conflict of
13 land use which had been identified in the City's Comprehensive Plan;
14
15 4. The two story_ building would -not limit the visibility of -other structures
16 in the same area;
17
18 5. No one spoke in opposition to the proposed variances;
19
20 6. The proponent addressed all issue and concerns raised by the Planning Commission
21 members during the hearing;
22
23 7. The proponent -has a proven track- record of-implementing stated development
24 goals and objectives; and
25
26 8. The existing operation has proved to *be a clean, non-offending, and non-
27 polluting use.
28
29 The Planning Commission further recommends that the variance be granted contingent
30 upon:
31
32 a. business activity in general being 'limited to only the daylight hours;
33
34 b. site security lighting being maintained; and
35
36 c. the existing temporary signage on the owner's truck/trailer parked across
37 , Sunset Drive being removed.
38
39 Before.-.the vote on the motion was taken, Commissioner Madden indicated he believed
.40 imposing so many restrictions on a business, which normally- had -few problems to
41 be unnecessary, to which the maker responded that he perceived it to be incombent
42 on -the Commission to be both explicit and thorough when recommending a variance
43 because in the past failure to do so had caused legal problems for the City.
44
45 The motion carried unanimously.
46
47 The meeting was recessed from 8:45 P.M. to 8:57 P.M. , when the public hearing was
48 opened to consider the request from a sign company for a variance to the City Sign
49 Ordinance which would- allow Cooksbury- Book Store, 2955 Pentagon Drive, to erect
50 a second, ident�tcal , identification sign on the outside wall of their corner store,
51 which would face Highway *88 and' the frontage road running between their store and
52 the highway.
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54 The Manager. reported receiving no calls about the .request since the notice of the
55 hearing had- been published in the' June 4th Bulletin and mailed to the only property
56 owner of record within 200 feet of the subject property which was the management
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1 company for the St. Anthony Shopping Center'.. In.:his .June :l4th memorandum, Mr,
• 2 Childs had discussed some of staff's concerns about the addition .of a second sign
3 on a store with no access or window on the* side for which the sign was requested,
4 but said he perceived this to be neither a 'black or white issue as related to
5 second signs which had recent°ly'' been:permi'tted for stores interpreted to have
6 two frontages, an interpretation which had been requested by the bookstore owners.
7
8 Al Lenius, .who identified himself- as an. ordai,ned minister and manager of the
9 Cooksbury Book Store., said this is the newest of50 stores owned by the Methodist
10 Church in which the -Pr.esbyterian 'and Church of Christ churches also have an
11 interest. The store provides church' related supp+Tries, furniture, and printed
12 matter, primarily to-'churches and° clergy-with the closest other stores in Des Moines
13 and Chicago. The_mi.nisterAndicated they"had already had inquiries and visitors
14 from other states' and the -store owners percei-ved they needed identification on
15 the highway. s-ide as ,'well as the front because most of their customers would be
16 from out of the erea. - `The store closes at, 5:00 P.M. ; and the signs would not
17 be lit past 11 :00 P.M. , Mr. Lenius said.
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19 No one spoke either for or against the request and the hearing was closed at
20 9:06 P.M. for Commission consideration of a recommendation to the Council ._
21
22 Commissioner Wagner indicated he was concerned about granting a variance for a
23 sign for a side which had-neither an access or -window, but al-so perceived this
24 particular store might need 'more exposure since they get their clientele from out
25 of the area.
26
27 Commissioner Madden recalled that when he had served on the Kenzie Terrace Task
28 Force the conclusion- had been that the center would only have a limited attraction
29 for people from far away and -he wondered if this type of store might attract
. 30 out of town buyers who might also make purchases from some of -the other center
31 merchants at the same time, so a -sign ,on the highway 'side might be considered
32 advantageous to the City if it drew more buyers into the center.
33
34 Commissioner Bjorklund said-theJact that the store had two street sides might
35 be considered an extenuating circumstance and; although he was apprehensive that
36 granting another variance of this type might result in a flood of requests for
37 buildings like the "stilt" building in 'Apache, which was only permitted one sign,
38 and percei-ved the City would be allowing "signage on top-of signage on that corner",
39 he personally-found this signage to be fess offensive and smaller in size than
40 the Curtis Mathes sign the Counci-1 had just approved in the same center.
41
42 When Chai.r Franzese indicated she wanted to encourage any merchant with the
43 capacity to draw to stay 'in the center; Commissioner Bjorklund reiterated that he
44 has never believed signage made that much difference in whether a tenant stays or
45 leaves. Commissioner Wagner's reaction to this was to say he perceived the presence
46 of more solid tenants ,i n the center,;�woul d tend to bring the center closer to a
47 complete upgrading.
48
49 Motion by Commissioner-Madden and 'seconded by Commissioner Wagner to recommend
50 the Council grant 'the petition from the Cooksbury -Book Store, ,2955 Pentagon Drive,
51 for a variance to the. Sign Ordinance which would allow the erection of a 4 foot
52 X 12 foot single face sign on the southeast corner of the building facing Highway
53 88 on the condition that the sign not be lit past 11 :00 P.M. , finding that :
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55 1 . Nobody spoke against the request;
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• 1 2. Basically, the stor.e .is located on a building corner which forms two streets;
2
3 3. The conditions upon which the application for a- variance are based are unique
4 to the parcel of land .for which the .variance is sought and are not applicable,
5 generally, to ,other .property within the same land use classification;
6
7 4. Granting the variance. will not be detrimental to the public welfare or .
8 injurious to°other property in the same 'nei.ghborhood or the City;
9
10 5. A sign as introduction- to, an ar.e a°where people are not familiar with the
11 store could be of, the utmost 'impor.tance 'to its success;
12
13 6. Granti-ng the variance at"the same time recognizes there is an overall resign-
14 ing plan for that center'-to, -which the store owner would have to conform when
15 they are implemented by the center owners.
16
17 Motion carried unanimously.
18
19 At 9:20 P.M. , the public hearing was opened -to consider the petition for a conditional
20 use permit which would allow :the sale and-rental of video tapes and equipment in
21 the drug store service counter area i'n -the Town & Country -Foods store, 2550
22 Highway 88.
23
24 The notice of the hearing had been published in the June 4th Bulletin and mailed
25 to all property owners of record within 350 feet of the subject property. No one
26 present reported failure to, receive the notice or objected to its content and the
•
27 Manager reported receiving no inquiries `about the request.
28
29 Mr. Childs reiterated his statement in- the June 14th memorandum to the Commis-
.30 sioners that staff would -recommend 'approval *of the use. under the same conditions
31 for similar permits had been previously granted to other establishments in the
32 community.
33
34 Tony Haler, one of the, manager.s of `the Twon & Country store, assured the Commis-
35 sioners that, as is their store-, the"ir vi,deo.,business would be only family
36 oriented and',- since the store never -carried poronographic materials on their
37 magazine racks, would certainly not be making that .type of material available over
38 its video sales and rental counter. - Mr. Haler said the store's video providers
39 would primarily be Home Entertainment and Metro Video, the latter company being
40 run by a St. Anthony resident. The--store representative said he also hopes the
41 equipment they would carry could-.be used in community' service projects such as
42 aiding the school to. tape Village events.
43
44 Steve Noon of Town and Country had also talked -to the Manager and had agreed to
45 all the conditions which Mr. Childs had included in his memo for the benefit of
46 the Commissioners. . When'-asked about si-gnage to advertise the new service,
47 Mr. Haler said he saw no necessity for adding it to the stores outside signage
48 but instead the store -would include video ads,-in its windows and in the weekly
49 circulars which go out to the community.
50
51 No. other .person -rose to speak either for or against the permit request and the
52 hearing was closed at 9:27 P.M. for-the following:
53
54 Motion by Commissioner Bjorklund and seconded by Commissioner Madden. to
55 recommend the Council grant -a conditional use permit to Town & Country Foods,
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1 2550 Highway 88 which would allow.the sale and. r.ental of video tapes and equip-
2 ment in their store in the St. Anthony Shopping Center under the following con-
i ditions:
4
5 1 . There would be no viewing of tapes in the store, except bona fide demonstra-
6 tions of tapes and no ,viewing woul-d be visible from outside the store;
7
8 2. The proprietors must comply with al,l state laws relating to obscenity and to
9 any ordinance -of the 'City of St. Anthony thereafter relating to obscenity;
10
11 3. Conviction of the owner-or any'-of the employees of the owner for violation
12 of obscenity laws in the operation of- the store would be grounds for revoca-
13 tion of this permit by the City Council .
14
15 In recommending approval , the -Commission- finds that:
16
17 1 . No objections to the use were voiced prior to or during the Commission 's
18 June 18th hearing; and
19
20 2. The precedent had been set-, ,and- successfully so, for- three or four other
21 similarly approved uses.
22
23 Voting on the motion:
24
25 Aye: Bjork..lund, Madden, and- Wagner.
26
27 Abstention: Franzese.
28
29 Motion carried.
30
31 Motion by Commissioner'Wagnerwand seconded -by Commissioner Bjorklund to adjourn
32 -the meeting at 9:30 P.M.
33
34 Motion carried unanimously.
35
36
37 Respectfully submitted,
38
39 Helen Crowe, Secretary,,-
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