HomeMy WebLinkAboutPL MINUTES 01211986 6
Meeting Sheet
11111VIIIVgill
I
iovaa
Box: 21
Folder: PL MINUTES AND AGENDAS 1986
Document: PL MINUTES 01211986
�,- CITY OF ST. ANTHONY
PLANNING COMMISSION MINUTES
January 21 , 1986
1 The meeting was called to order by Chair Franzese at 7:30 P.M.
2
3 Present for roll call : Bowerman, Hansen, Franzese, Wagner, and Werenicz.
4
5 Absent: Jones .
6
7 Also present: David Childs., City Manager.
8
9 At their January 14th meeting, the -Council had reappointed Chair Franzese and
10 Commissioner Wagner to serve second terms on the Planning Commission and had
11 appointed Rick Werenicz, 3610 Harding Street N.E. , to replace Brad Bjorklund on the
12 Planning Commission. Mr. Childs administered the oath of office to the appointees
13 who were congratulated by the other members of the Commission.
14
15 Motion by Commissioner Bowerman and seconded by Commissioner Wagner to approve the
16 minutes of the Commission meeting held December 2, 1985 with the following changes:
17
18 Page 11 , line 40: Correct spelling of "Jadinak" .
_.,• 191 -
� 2d�Page 14, line 2: Substitute "Madden" for "Wagner".
21
22 Motion carried unanimously.
23
24 Motion by Commissioner Wagner and seconded by Commissioner Bowerman to "draw on
25 her experience the previous year" and nominate Rosemary Franzese to again serve
26 as Planning Commission Chair for the calendar year 1986.
27
28 Motion by Commissioner Madden and seconded by Commissioner Bowerman to close the
29 nominations.
30
31 Motion carried unanimously.
32
33 Motion by Commissioner Wagner and seconded by Commissioner Bowerman to elect
34 Rosemary Franzese to a second term as Chair of the St. Anthony Planning Commission
35 for the calendar year 1986.
36
37 Voting on the motion:
38
39 Aye: Bowerman, Wagner, Hansen, Madden, and Werenicz.
40
41 Abstention: Franzese.
42
43 Motion carried.
44
45 Motion by Commissioner Bowerman and seconded by Chair Franzese to nominate George
46 Wagner to serve as Chair Pro Tem of the Planning Commission for the calendar
47 year 1986.
48 t"otion carried -unani,mous-ly.:_
-2-
-r 1 Motion by Commissioner Madden and seconded by Chair Franzese to close nominations.
• 2-_._
3 Motion carried- unanimously.
4
5 Motion by Commissioner Madden and seconded by Commissioner Bowerman to vote a
6 unanimous ballot for George Wagner as Chair Pro Tem of the St. Anthony Planning
7 Commission for the calendar year 1986.
8
9 Motion carried unanimously.
10
11 Commissioner Bowerman was designated to represent the Commission at the January 28th
12 Council meeting.
13
14 Motion by Commissioner Madden and seconded by Commissioner Bowerman to take from
15 the table the Bona request for a setback variance and subdivision without platting
16 for the gas station addition at 2812 - 27th Avenue N.E.
17
18 Motion carried unanimously.
19
20 At 7:44 P.M. the Chair reopened the public hearing on the Bona request which
2 1 had been tabled at the Commission meeting December 2nd. To assure all ordinance
22 requirements were met, Mr. Childs indicated he had readvertised the notice of the
23 hearing in the- January 7th Bulletin and sent copies to all property owners of
24 record within 350 feet of t e'subject property as indicated in the agenda packet.
25 No one present reported failure to receive the notice or objected to its content
26 and the only person s .present::to�speakttot.the-issue were Roger Bona and Dave
2.7 Hanson who operate the gas station at the intersection of Kenzie Terrace and
28- 27th Avenue N.E.
29
30 In his November 27th- memorandum, which had been included in both the December 2nd
31 and January 21st agenda packets', the Manager had addressed Roger Bona's request
32 to allow a triangular shaped addition to the Standard:'Station which would have
33 a 20 foot setback from Kenzie Terrace, where 35 feet are required by the Zoning
34 Ordinance and to move the lot line between the station property and Johnson Meat
35 Market property (both owned by Mr. Bona) to a point ten feet west of the existing
36 gas station building for the project. Mr. Childs reiterated that the difficulties
37 involved in the expansion plans included the applicants having to work with a
38 odd shaped parcel which is required to have 35 foot setbacks on both Kenzie
39 Terrace and 27th Avenue N.E. , which could be considered a hardship justifying the
40 variance.
41
42 In relation to the requested lot split, the Manager, in his memorandum, had sug-
4 3gested it might be advisable to •have the two properties tied together to assure
44 that the Planning Commission would have an opportunity to closely scrutinize any
45 sale of any part of the meat market/gas station property in the future. Commissioner
46 Bowerman indicated that might lessen Mr. Bona's flexibility .in handling his
47 property. Mr. Hanson told the Commissioners another reason for the split was
48 the fact that a portion of a 500 gallon oil storage tank belonging to the station
49 was actually on the meat market property and the relocating of the lot line would
50 correct that error.
51
52 Mr. Bona showed a picture of his upgraded station on the front of the St. Anthony
53 telephone- directories and distributed pictures of the two properties, telling the
54 Commissioners he planned to continue the same brick exterior and other amenities
55 to the proposed service bay addition and the meat market building because his
-3-
1 own personal philosophy was that the Kenzie Terrace area should be upgraded to
----.2—the extent it matched as closely as possible with a smaller center, the shopping
3 center at 50th and France. He admitted the nature of a service station was
4 not too conducive to an aesthetic appearance, but, Mr. Bona said, he wanted to
5 have the two buildings he now owns brought up as close as possible to the
6 standards being developed further down the street at the Kenzington and its
7 support buildings next door to the meat market. The station owner said he
8 planned to add carriage lighting to his buildings which would eliminate the need
9 for the light pole on Kenzie Terrace, which would be taken down. Mr. Dave Hanson -
10 said the curb would be taken out of that same area and the new addition would
11 be sited so the garage doors would be visible from either 27th Avenue or
12 Kenzie Terrace.
13
14 Parking problems on that corner now would be alleviated by the station utilizing
15 the space behind the meat market for parking once the snow piled there now
16 melts in the spring, and he intended to do nothing to obstruct the traffic
17 flow between the two buildings, although he might post the entrances to prevent
18 it from being used as a thoroughfare; Mr. Bona said.
19
20 The Commissioners were told Johnson Meats had a ten year lease on their building,
21 and, because they had become so well established in the community, Mr. Bona
22 perceived there was very little probability they would be vacating the premises.
23 However, the nature of their business had changed and the Johnson's no longer
24 operated a wholesale meat business from that location which eliminated the truck
25 traffic which had been a source of annoyance to John Jadinak across the street,
26 the only person who had expressed any concern about the request. Mr. Bona said
jj$0j�,_X2.7 he had talked to Mr. Jadinak and straightened out a misconception that it was
'2-8 station cars which were parked along 27th Avenue because the only vehicle the
29 station had parked there had been a truck which they were no longer doing.
30 Mr. Dave Hanson added that the five or so cars parked in that area every day have
31 no connection whatsoever with the station and he knows one of them belongs to
32 a person who takes the bus from that area. He also assured the Commissioners
33 the station would not be servicing or parking on site or street any large trucks
34 or recreational vehicles .
35
36 There was a long discussion of perceived traffic flow problems between the meat
37 market and the station which might be increased with the new addition. In spite of
38 assurances from the applicants, and the expression of Commission enthusiasm for the
39 aesthetic improvements planned for that corner, Mr. Bona and Mr. Dave Hanson were
40 told that, without a specific parking and traffic flow plan before them, it was
i
41 difficult for the Commissioners to be certain that they wouldn't be aggravating the
42 parking and traffic flow problems perceived at times between the buildings by
43 permitting the expansion of the station building in that area.
i 44
45 Mr. Bona indicated he could understand the Commission concerns and said it would
46 cause hi*
no problem at all to have a decision delayed until after Mr. Dave Hanson
47 had drawn up, with the help of City staff, a sketch of the spaces available for
4 8 parking on the two properties as well as the dimensions of the space between the
49 two buildings to demonstrate that the traffic flow in that area would not be impeded
50 by the new- addition.
51
r _
52 The hearing was closed at 8:37 P.M.
i 53
54 Motion by Commissioner Bowerman and seconded by Commissioner Madden to continue
55 to the next- Commission meeting the Commission consideration of the Bona petition
-4-
1 for a setback variance and subdi'visi'on without platting to move the property line
�._� _2__between the two properties owned by Roger Bona to permit the construction of an
3 addition to the Standard Station building at 2812 27th Avenue N.E.
4
5 Motion carried unanimously.
6
7 At 8:42 P.M. , the Chair opened the hearing to consider the request from Michael and
8 Carol Jindra, 3001 Hilldale, for an interpretation of the City Zoning Ordinance to
9 designate the front of that corner lot to be on Silver Lake Road for the purpose
10 of determining setbacks for that property.
11
12 Chair Franzese read the notice of the hearing which had been published in the
13 January 21st,,BU11,&tan and mailed to all property owners of record within 200 feet of
14 the subject property. No one present reported failure to receive the notice or
15 objected to its content.
16
17 The Manager reported receiving .two calls from persons receiving the notice. The
18 first was from a neighbor on 33rd Avenue N.E. who had no concerns about the Jindra
19 property per se, but wanted to make sure the City would be continuing the Silver
20 Lake Road pathway on that side of the street for the school children who used to
21 cut across that property when it was vacant to reach the Middle and High Schools
22 across 33rd. The other caller, Mr. Childs said; offered no objections to the
2 3 request once she understood just what was involved.
24
2 5 The Manager then reiterated the background history of builder and staff error which
26 had resulted in the Jindra home being si;ted -on the lot with an inadequate rear
7" yard setback which he had discussed In his December 18th and January 17th memoranda
0'%��2-8- at the same time he -had recommended the Commissioners make the same interpretation
29 as they had in four or fi:ve.previous cases in the last few years, that where a
30 house is built or added to on a corner lot, the short side of the lot be treated as
31 the front for setback purposes, thus eliminating the need for a variance. Mr. Childs
32 indicated he persisted In his belief that the City, as all the other communities
33 he has worked in have done, should make this a standing ordinance interpretation
34 so further hearings would not be necessary when the six or seven corner lots which
35 remain undeveloped in the City are built on in the future.
36
37 Mr. Jindra was present to seek Commi.ssion help with the dilemma he and his wife
38 found themselves in. He said his understanding had been that all the required
39 documents had been submitted to the City by his builder.
'
41 The hearing was closed at 8:48 P .M, for the development of the following recom-
4 2 mendation to the Council .
43
44 Motion by Commissioner Bowerman and seconded by Commissioner Hansen to recommend
45 the Council interpret that the front of the corner -lot at 3001 Hilldale is on Silver
46 Lake Road for the purpose of determining setbacks; finding that:
47
48 1 . Errors and omissions which occurred in the siting of the structure on the lot
49 could, or, could not have been .the fault of the owner;
50
51 2. The structure. is already in place and it would cause a substantial , if not
52 disastrous, hardship for the owner to require it be moved;
_
5354 3. There was no neighbor objection to the solution stated in the notice of the
55 hearing; and there have been at least three instances in the last two years where
56 similar requests for the same interpretation for corner lots have been approved,
-5-
f 1 Motion carried unanimously,
3 The Manager's request for an automatic interpretation related to corner front
4 yards was continued to the next meeting with. the staff requested to prepare a
5 list of undeveloped corner lots with problem dimensions or topography so the
6 Commission can 'assess whether or not to recommend an ordinance change which would
7 encompass all those properties is needed.
8
9 The Commission then considered the request from Brighton Development for final
l0 plat approval of the first six units of the Village Townhomes redevelopment
11 project as discussed in the Manager's January 16th memorandum. Mr. Childs indicated
12 the final platting could rioW, be done since the foundations were in and legal separa-
13 tions ascertained between units. He said he expected the developers would be
14 closing on the remainder of the project within the next few weeks although con-
15 struction would not be started until next spring. This would mean the Commission
16 would be getting the preliminary platting sometime soon.
17
18 Commissioner Madden commented that the sign indicating that the old buildings on
19 that property were to be torn down could probably be removed now.
20
21 Copies of the final plat for the first phase of the project had been submitted to
22 the City by Brighton Development with a letter dated December 6th which indicated
23 "the dedication would be added in two weeks" had been included with the Manager's
24 memo in the agenda packet and Commissioner Hansen noted the plat had a notation that
25 it had not been checked as was the case of the two page document the Manager had in
26 his possession. Commissioner Madden said, based on his own experience in the field,
27 he found it quite strange that a document would be submitted to an agency without
28 the signature of a registered surveyor,
29
30 Mr. Childs indicated he had overlooked the notation but it would not have concerned
31 him too much anyway because he knew the document would have to be certified before
32 it could be filed and he was certain the Council would follow its usual practice
33 of making approval subject to the review of the City Attorney.
34
35 Commissioner Bowerman indicated he did not perceive the Commission had been provided
36 sufficient documentation which to make a recommendation to the Council and moved
37 to table as follows:
38
39 Motion by Commissioner Bowerman and seconded by Commissioner Madden to table the
40 request for a recommendation on the final plat for the Village Townhome project on
41 the basis that the documents submitted to the Commission were uncertified, incomplete,
42 and the Commission did not have sufficient substantiation of the information
43 provided them to make a recommendation to Council .
44
45 Before the vote ,on the motion was taken, Chair Franzese asked Mr. Childs what
46 impact the delay would have on the project, indicating she would not want to impede
47 the developers' ability to proceed with the remaining units, The Manager had
48 commented earlier that one of the purchasers of the six units they were considering
49 had expressed a desire to move in as soon as title could be conveyed.
50
51 Commissioner Madden said he was all for having the developers finish the project
i
52 as soon as possible and would not want to be an obstruction to the process over a
53 technicality if that was all that was involved, He reminded the Commissioners
54 that a motion to table was not debatable.
55
-6-
�1 Voting on the motion:
3 Aye: Bowerman.
4
5 Nay: Hansen, Wagner, Franzese and Werenicz.
6
7 Abstention: Madden.
8
9 Motion to table not carried.
10
11 Mr. Childs said he would contact the developers right away to see if the omission
12 couldn't be corrected, but suggested the Commissioners could temper a recommendation
13 of approval with language which would assure the certification and dedication were
14 on the final documents.
15
16 Motion by Commissioner Bowerman and seconded by Commissioner Hansen to recommend
17 Council approval of the final plat for the first six units of the Village Townhome
18 project as long as the developers submit a final plat that has been certified so
19 it can become a document of record and includes the promised dedication and further
20 recommends that the approval be made subject to City Attorney review of the
21 documents.
22
23 Motion carried unanimously.
24
25 The Manager mentioned that the Kenzington topping ceremony was scheduled for the
26 following Thursday and said progress on the Walker on Kenzie had been slowed down
�- -"2"7 )when it was discovered the wrong size roof trusses had been delivered for the job.
''—� ,Commissioner Wagner noted the Chandler Place construction was really moving.
29
30 Motion by Commissioner Bowerman and seconded by Commissioner Werenicz at 9:15 P.M.
31
32 Motion carried unanimously,
33
34
35 Respectfully submitted,
36
37 Helen Crowe., Secretary
38
39
' 40
I 41
' 42
43
44
45
46
47
48
49
50
51
2
3-
54
55