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HomeMy WebLinkAboutPL MINUTES 07161985 ;s Meeting Sheet s 101850 ;4 Box:21 Folder: PL MINUTES AND AGENDAS 1985 Document: PL MINUTES 07161985 i ;i } CITY OF ST. ANTHONY PLANNING COMMISSION MINUTES July -16, 1985 1 The meeting was called to order by Chair Franzese at 7:33 P.M. 2 3 Present for roll call : Franzese, Bowerman, Jones, and Bjorklund. 4 5 Absent: Madden, Hansen, and Wagner. 6 7 Also present: David Childs, City Manager. 8 9 Motion by Commissioner Bjorklund and seconded by Commissioner Bowerman to approve 10 as submitted the minutes of the Planning Commission meeting held June 18, 1985. 11 12 Motion carried unanimously. 13 14 Commissioner Bowerman will report the minutes of the meeting to the Council at 15 their July 23rd meeting. 16 1 7 At 7:40 P.M. , the Chair opened the public hearing to consider the request from 18 Robert Olin for a conditional use permit to allow the operation of two tanning • 19 beds in-the Abair Solution beauty shop to be operated by him and his wife, Jane, 20 at 2906 Pentagon Drive. 21 22 The Manager indicated the notice of the hearing had been published in the July 2nd 23 Bulletin and mailed to all property owners of record within 350 feet of the sub- 24 ject property. No one present reported failure to receive the notice or objected 25 to its content and Mr. Childs indicated he had received ,no calls either for or 26 against the proposal . As he had stated in his July 11th memorandum to the Com- 27 missioners, the Manager reiterated that this request was very similar to that 28 approved by the Council in June, 1982, for the tanning salon at Apache which 29 had been reported in the May 18 Commission and June 8, 1982 Council minutes, 30 copies of which he had attached to his memorandum. Staff recommendation was y 31 that the Council grant the permit, Mr. Childs said. 32 33 Mr. . Olin explained that the beauty shop would include a nail artist booth and 34 eight hair cutting stations, as well as the two requested tanning beds which his 35 wife and he perceive could be expected to intially draw customers to the shop. 36 The shop owner also sai-d he believed offering the tanning services at this 37 shop would prevent customers from leaving the area to seek those services elsewhere. 38 39 Mrs. Olin arrived at this time and was introduced to the Commissioners by her 40 husband, who told them it was she, not he, who was the beautician. 41 42 The petitioner then indicated the couple had severed their association with the 43 Great Basics for Hair shop located in the basement of- the Country Club Market 44 building further up on Silver Lake Road and the shop owner told the Commissioners • 45 he and his wife are required.-to wait 90 days before opening another shop and 46 that period would be up by August 1st when they hope to be able to open in the 47 St. Anthony Shopping Center. -2- 1 The shop would probably be open.Monday through Saturday, from 8.:30.. A.M. to 9:00 . • 2 or 9:30 P.M. , when his wife cuts her last head of hair, Mr. Olin said, and he 3 indicated that, if the tanning beds are as successful as..expected in. the new 4 location, he and his wife would want to be able to stay open on Sundays as well 5 during the tanning season, which normally- runs between December and June. 6 However, the couple would not expect the tanning business would ever provide 7 more than a supplementary income for the business and .two beds would probably 8 suffice, Mrs. Olin said, but, at the same time, the beautician indicated, she 9 recognized most beauty shop customers had become accustomed to having that type 10 of service available along with other beauty services, - and it might become 1]_ necessary to provide those services at least until . a regular clientele can 12 be built up on the new location. 13 14 There was no one present to speak against the permit .and the hearing was closed 15 at 7:50 P.M. for Commission -consideration. 16 17 Before a motion was made, Mr. Olin countered any- concerns about the safety of 18 the tanning facility by saying all literatur.e .he had seen demonstrated that the 19 rays emanating from the machines are considered ,to be safer than those experienced 20 by most sun bathers. 21 22 Commissioner Bowerman suggested that, if the Commission's 1982 motion were to 23 be used as a model for the motion that evening, the wording -,be modified to 24 indicate that the tanning facility would only be a supplementary service offered 25 in a beauty shop. 26 • 27 Motion by Commissioner 'Bjorklund and seconded by Commissioner Bowerman to rec- 28 ommend the Council �grant' a -condi-tional use permit to Robert W. Olin, 742 29 Buchanan Street N.E. , Minneapolis, under the City- ordinance .amendment which 30 would allow the operation of body sun tanning facilft,ies in conjunction with the 31 operation of the Hair 'Solution Beauty Shop at 2906* Pentagon Drive,. subject to 32 annual review of the permit and .to the facility meeting all applicable City, 33 State, and Federal codes. 34 35 In recommending .approval ,' the Planning Commission finds that:. 36 37 1 . No one appeared at the Commission hearing or contacted staff prior to the 38 hearing to object to the permit; 39 40 2. The proposed service seems to fit in with other types of service in that 41 commercial district; and 42 43 3. No problems or complaints aboutsimilar operations in St. Anthony have been 44 reported. 45 46 Motion carried unanimously. 47 48 The Chair read that portion of Section 330:65 of the City Ordinance related to the 49 procedure to be followed for -the final platting of the Johnson property which 50 stated that: "The Planning Commission at its discretion may submit a report to 51 the Council . " The copy of that ordinance section had been included in the agenda S2 packet along with a -copy of the final plat .and that portion of the Commission's • 53 February 19, 1985 minutes which reported .their� recommendations to the Council 54 related to the preliminary platting of the redevelopment project. Mr. Childs 55 drew the Commissioner's attention -to the fact that the developer had identified -3- 1 all utility easements in the final document,. just as they had, requested, and he • 2 con f4 that the City would now have access to, but not ownership of, those 3 easements. 4 5 Commissioner Jones indicated he believed the existing heavy overhead utility 5 lines servicing that property would detract .from the -appearance and value of the 7 homes to be built there. It was his contention that these 'l,ines and the lines if 8 servicing the individual `lots should._ be placed underground. He was, referred to 9 page 9 of the February Commission minutes which reported the developer 's re- 10 sponse to the same suggestion from Commissioner Hansen, "that the lines are 11 already in on Edward and the -homeowners would have the option of having service 12 run underground to their property at a higher charge" . 13 14 The Manager said- when he had put the same, question to-'the' NSP Representative, 15 he had been told changing, those lines wou'ld.just not be cost effective. Mr. 16 Childs said the NSP posit-ion-,-had seemed reasonable at that time because the same 17 representative had 'been most .cooperattve in providing underground lines to the 18 Hertog property, which is also being redeveloped. When -Commissioner Jones 19 questioned whether such heavy- duty lines would now be necessary since both 20 florist businesses are gone, the Manager speculated that those lines also serviced 21 the area of 33rd Avenue N.E. , and Commissioner Bjorklund told Commissioner Jones, 22 "florist shops don't normally -use a lot of electricity". 23 24 Commissioner Jones said he found such heavy overhead lines in front of residences 25 to be "obnoxious and ludicrous in a new development and said he perceived it 26 should be the City' s- responsibility to; protect- future buyers of those lots from • 27 having their properties downgraded' in this manner. He also .pointed out the 28 potential danger to a child if one of those heavy lines is knocked down in the 29 type of storm that area experienced' a.year ago: The Commissioner was also 30 certain the City's Comprehensive Plan- called for underground service to all new 31 projects. 32 33 The Chair commented -that the buyers who had already been found for two of the 34 Johnson lots must have seen -the high wires which would run in front of their 35 homes before they agreed to purchase that property, but she indicated she per- 36 ceived Commissioner Jones might have a point about the potential for danger 37 from a falling wire. 38 39 Commissioner Bjorklund said he certainly agreed with Commissioner Jones that it 40 would be preferable not to have those heavy wires running in front of the project, 41 especially since he has seen -how new developments are built in other municipalities. 42 However, he wondered if the Johnson project could be considered a "big project" 43 as compared to the ones he was referring to. Commissioner Bjorklund indicated 44 he perceived it might be a real financial burden to force the developer to pay 45 for the cost of putting the existing lines underground if NSP refuses to do so. 46 . Commissioner Jones wondered' if that cost would be quite so heavy if the cost 47 of the lots were taken into consideration. Mr. Childs said he would contact the 48 utility company again. 49 50 Motion by Commissioner Bjorklund and seconded by Commissioner Bowerman to 51 recommend Council approval of the final platting for Johnson Manor, a nine lot • 52 and two outlots subdivision between 33rd and 34th Avenues N.E. , east of Edward 53 Street, as presented in the final plat for the project,.. at the same time mention- 54 ing that, although there. was significant concern expres`sed- during the Commission 55 consideration that all utility lines which serviced the project should be `f -4- 1 placed underground as recommended in the City's Comprehensive Plan, the final • 2 Commission conclusion had been that requiring that might impose too great 3 a hardship on the developer. 4 5 In recommending approval of the final platting, the Commission finds that: 6 7 1 . Both the Commission and Council had held public hearings on the preliminary 8 platting; 9 10 2• No one appeared at either hearing to object to the platting and there were a 11 number of neighbors who did testify in favor of the proposed plat and project 12 during the Commission' s May 18, 1985 hearing; 13 14 3. The subject plat generally conforms to. municipal standards and where lots 15 are smaller than required, many similar lots with small frontages,. depths, 16 and land area, have been- platted and developed in the adjacent locality; and 17 18 4. The final platting specifically identifies the utility easements to which 19 the City is granted access, which was a concern .of the Planning Commission. 20 21 Before the vote on the motion was taken, Commissioner Jones offered an amendment 22 to the motion comments related to the provision of" underground utilities to the 23 project which would "require all utility lines to the project and to each lot, 24 including cable., electric, and telephone, 'to be placed underground in conformance 25 with Item #4 of the Section on Public Utility/Service Policy in the City Com- 26 prehensive Plan" which calls for the "promotion of underground utility lines 27 for all new or redeveloped -projects. " The amendment was accepted by both the 28 maker and second of the mot ion, which then passed unanimously. 29 30 Chair Franzese said that when Commissioner Madden had called to let her know he 31 would not be in attendance that evening, he had asked- her to draw the Com- 32 missioners' attention to the City Attorney's direction related to placing 33 conditions on variances which were reported on page 4 of the minutes for the 34 Council ' s June 25th meeting, which Commissioner Madden had attended as the 35 Commission's representative. 36 37 Motion by Commissioner Jones and seconded by Commissioner Bowerman to adjourn 38 the meeting at 8:30 P.M. 39 40 Motion carried unanimously. 41 . 42 43 44 Respectfully submitted, 45 46 Helen Crowe, Secretary 47 48 49 50 51 52 53 54 55