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HomeMy WebLinkAboutPL MINUTES 10031989 (2) Meeting Sheet IIIIII VIII VIII II II VIII VIII IIII IIII . - 101569 BOX: 21 Folder: PL MINUTES AND AGENDAS 1989 Document: PL MINUTES 10031989 • 1 CITY OF ST. ANTHONY PLANNING COMMISSION MEETING MINUTES OCTOBER 3, 1989 CALL TO ORDER The meeting was called to order by Chairperson Madden at 7 : 30 p.m. The Pledge of Allegiance was led by the Commission Chair. ROLL CALL Present: Brownell , Franzese .(7 : 50 p.m. ) , Hansen, Madden, Wagner Werenicz Absent: London Also Present: Susan VanderHeyden, Acting City Manager Larry Hamer, Director of Public Works APPROVAL OF MINUTES Motion by Wagner, seconded by Brownell , to approve the August 15, • 1989 Planning Commission meeting minutes as presented and with the following corrections : Page 1 , Line 43 : Delete "to. " Page 3 , Line 29 : Change "feelings" to "feeling. " Motion carried unanimously. DESIGNATE COMMISSION REPRESENTATIVE- TO OCTOBER 10TH COUNCIL MEETING Commission Chair Madden was selected and agreed to represent the Planning Commission at the next scheduled City Council Meeting. PUBLIC HEARINGS Holten; for 2909 Rankin Road; Setback Variance Request The Chair opened the public hearing at 7 : 44 p.m. The Chair read the official notice of the public hearing which had been published in the September 20th edition of the St. Anthony Bulletin. No one failed to receive' or stated an objection to the contents of the notice. The public hearing was set to consider a variance request from Bruce Holten, 2505 27th Avenue N.E. , for a setback variance to allow a 22-foot front yard setback from the required 30-foot setback (an eight-foot variance) at 2909 Rankin Road. Acting City Manager VanderHeyden advised the Commission that an • 2 eight-foot easement is in the process of being relinquished to the City by Hennepin County, although the City is presently responsible for maintaining that property. Public Works Director Larry Hamer advised the Commission that the zoning ordinance requires a structure to be set 30 feet back from any property line adjacent to a road. Discussion ensued regarding the correct method of measuring the front , side, and rear easements . Chair Madden invited Bruce Holten to present his cases to the Commission. Mr . Holten described the logistics involved in building a house on a triangular site with two large road easements . He then stated that the eight-foot variance he is petitioning for is the eight-foot easement which will eventually revert to the City. He stated that the granting of this variance would allow him to build a house in alignment with the neighboring house; to place the garage as far north on the property as possible in order to comply with City Council restrictions imposed when Lots 19 and 20 were split; and to save an old oak tree on the Old Highway 8 side of the property. Don Makowske of 2919 Rankin Road spoke in favor of Bruce Holten' s building plans and variance request. • The public hearing was closed at. 7 : 50 p.m. Motion by Werenicz, seconded by Wagner, to recommend that the City Council grant an eight-foot front yard setback variance at 2909 Rankin Road, finding that the three questions asked in the variance petition were answered affirmatively and satisfactorily and that no one spoke against the request; that the variance apply only to this particular lot based upon its unique configuration; and that the house be placed upon the lot as indicated in drawings submitted to the Commission. Motion carried unanimously. Yarr; for 3104 Armour Terrace; Fence Variance Request The chair opened the public hearing at 8 : 02 p.m. The Chair read the official notice of the public hearing which had been published in the September 20th edition of the St. Anthony Bulletin. No one failed to receive or objected to the contents of the notice. The public hearing was set to consider a variance for a fence to allow an additional foot (from six feet to seven feet) in. the back yard and an additional three feet (from four feet to seven feet) in the front yard. .Public Works Director Larry Hamer related the history of the fence project to the Commission, stating that the east side of the fence had already been constructed before the City was contacted regarding • 3 possible ordinance violation and asked to provide the Yarrs with a copy of the fence ordinance. Subsequent to providing the Yarrs with notice of the fence ordinance , Hamer visited the site three more times during the construction of the remainder of the fence regarding its violation of the height provision of the fencing ordinance . Hamer added that a neighbor ' s ten-foot fence cited by the Yarrs in their petition was erected before the fencing ordinance was enacted in 1982 . Chair Madden invited Valentina Yarr to present her case to the Commission. Ms. Yarr stated that the fence was built on the east side to replace the privacy lost when a row of tall bushes over eight feet in height died, and that the fence on the west side was built to obliterate the Yarrs ' view from their dining room window of junk stored in the neighbor ' s yard. She also stated that the Yarrs ' teenaged daughters desired additional privacy for sunbathing. Ms . Yarr explained that the fencing was initially eight feet high on the east side, but that when their east neighbor complained about lack of sunlight on their garden, the Yarrs cut one foot off the top of• the fence . Ids. Yarr explained that eight-foot fence posts are still present in the fencing because the Yarrs planned to build a decorative trim on the fence or to hang flower baskets from the. • poles . Ms . Yarr then distributed photographs of the view from their dining room window. Bill Wahl of 3113 Armour Terrace spoke against the variance request. He stated that ordinances and regulations are established for the protection of community members , and that when too many variances are granted the regulations are weakened and become meaningless . He expressed the view that variances should be granted only on the basis of true hardship and unusual circumstances . Ethel Plasek of 3112 Armour Terrace spoke against the variance request , stating that fences detract from neighborhood beauty. Frank Plasek of 3112 Armour Terrace spoke against the variance request, stating that residents should not be allowed to disobey ordinances or to spoil the appearance of their neighborhood. Carl Marihart of 3101 Armour Terrace spoke against the variance, stating that he sees no need for a seven-foot fence in the front yard because of the presence of trees and the elevation of the property which currently provide privacy. Avanelle Froelich of 3016 Armour Terrace spoke against the variance request, stating .that the Zahhos ' ten-foot fence cited in the Yarr petition was erected to maintain the continuity of a fence installed by one of the Zahhos ' . neighbors to enclosed a swimming pool . She • concurred with Mr. Marihart regarding tall front yard fences . Daniel Kopka of 3108 31st Avenue spoke against..the variance request, • 4 stating that he is in favor of the current fence ordinance because tall fences detract from the beauty and openness of neighborhood back yards . Ms. Yarr responded to those who spoke against the variance request, stating that the $3, 000 fence was of good quality, that the fence does not obstruct ventilation of their neighbors ' yards, and that the back yards were never open and continuous because of the large bushes . Commissioner Werenicz asked Ms . Yarr to explain what undue hardship would be relieved by a seven-foot fence . Ms . Yarr replied that their quiet enjoyment of their property was disturbed by their view, from their dining room window in particular, of junk in the Zahhos ' yard. Commissioner Werenicz expressed the view that a six-foot fence would be sufficient. He then asked Ms . Yarr to explain the affirmative answers given to questions two and three of the petition for variance . Nicholas Yarr of 3104 Armour Terrace responded that he had consulted with his two immediate neighbors before constructing the fence and had received approval from them initially, and that he complied with the Glotzbachs ' request to lower the fence by one foot. He added that he had asked the Zahhoses many times to clean up the • visible junk in their yard but had been told that they were too busy to do so. Commissioner Franzese asked if the fence would still serve its intended purpose if it was cut down to six feet . Ms . Yarr replied that the fence looks nice and that she sees no difficulties with the fencing as it exists. She commented that it would be a hardship for them to cut the fence down another foot because they would have to hire someone to do it. The public hearing was closed at 8 : 26 p.m. The Commission concurred in its findings that -the Yarrs were aware of the fence ordinance requirements well before construction of the fence was substantially completed, and that no hardship or unusual circumstances were shown to exist in their case. The Commission also noted tliat,, if the junk situation . in the Zahhos ' back yard is as unsightly as alleged, the City might need to rectify that situation. Public Works Director Hamer replied that he has been in contact with the Zahhoses regarding the accumulation of debris and will follow up the situation. Motion by Wagner, seconded by Werenicz, to recommend that the City Council deny the variance request for seven-foot fencing at 3104 Armour Terrace on the basis that no hardship or extraordinary circumstances have been shown to exist which would justify a variance; and that no one appeared to speak in favor of the variance request while many opposed it. • 5 Motion carried unanimously. Clark ' s Submarine Sandwices; for 2922 Pentagon Drive; Conditional Use Request and Sign Variance Request. The Chair opened the public hearing at 8 : 49 p.m. The Chair read the official notices of public hearing which had been published in the September 20th edition of the St. Anthony Bulletin. No one failed to receive or stated an objection to the- contents of the notices . A public hearing was set to consider a request from Clark ' s Submarine Sandwiches , 417 University Avenue, St. Paul , MN 55103 , for a conditional use permit to place a restaurant drive-through on the side of 2922 Pentagon Drive in the St. Anthony Shopping Center; and a public hearing was set to consider a request from Clark' s Submarine Sandwiches , 417 University Avenue, St. Paul, MN 55103 , for a sign variance to place a drive-through sign on the side of 2922 Pentagon Drive in the St. Anthony Shopping Center, which sign is 9 .75 square feet (1 . 5 x 6. 5) designating the business name and drive-through service. Acting City Manager VanderHeyden informed the Commission that Clark' s • Submarine Sandwiches ( "Clark ' s") plans to lease the space currently occupied by the Nationwide Sewing Center. She presented the Commission with a large-scale plan of the proposed restaurant and drive-through location. Commissioner Franzese asked staff whether the City is responsible for designating traffic flow in the shopping center . Public Works Director Hamer informed the Commission that Eberhardt designates the flow of traffic in the shopping center. He pointedout that the area proposed by Clark' s as a drive-through was but is no longer a traffic thoroughfare since the closing of retail stores and construction of the apartment complex in their place . Commissioner Franzese asked whether the fire hydrant in the southwest area of the shopping center might pose a hazard to motorists . Hamer replied that the hydrant is adequately protected by steel posts . In reponse to a question by Commissioner Brownell , Hamer stated that the City has the right, due to a 60-foot utilities easement, to designate no parking in an area adjacent to Coolidge Street which is designated on the plan as the drive-through entrance . Hamer expressed the opinion that the majority of the drive-through traffic will flow in front of the Town & Country grocery store . Chair Madden invited Clark Armstead, owner of Clark ' s , to present his case to the Commission. In response to a question by Commissioner • Franzese, Mr. Armstead stated that he expects the drive-through business to constitute approximately 30 percent of the Clark.' s • 6 business at the St . Anthony location. He cited several advantages of drive-through service to both the restaurant and its customers . Commissioner Wagner expressed a concern regarding the flow of traffic exiting the drive-through lane. Discussion ensued regarding methods of preventing traffic exiting the drive-through lane from crossing or turning left at a blind corner into oncoming traffic . Commissioner Wagner suggested curbing which would direct exiting traffic to the right and prevent crossing traffic or left-hand turns . Commissioner Brownell noted that such a solution, when combined with an extended sidewalk, would also protect pedestrians coming around the blind corner toward the drive-through lane, as well as preventing traffic from entering the wrong way into the drive-through lane. Mr. Armstead agreed with the proposed solution but deferred to Eberhardt and Victoria Management for the final decision. Commissioner Franzese asked Mr. Armstead what the restaurant ' s hours of operation would be. Mr. Armstead replied that Clark ' s restaurants are traditionally open daily from 10 : 00 a.m. to 2 : 00 a,.m. , but that he would be willing to close the St. Anthony location at midnight Sunday through Thursday if the Commission was concerned with the 2 : 00 a.m. closing time. • Rod Johnson, Eberhardt Company, read to the Commission a letter written by Dick Horst , owner of the St. Anthony Coast to Coast store, in which Mr . .Horst expressed his support for the Clark ' s conditional use permit and sign variance. Mr. Johnson noted that Clark ' s also intends to install a menu board as part of the drive-through, ' although mention of that board was inadvertently omitted from the sign variance request. Chair Madden brought up the fact that when the Nationwide Sewing Center signage was being discussed at an earlier Planning Commission meeting Victoria Management Company had expressed willingness to consider extending the fascia around the side of the building, and he asked whether that extension is still a possibility. Mr . Johnson asked to defer the question to Joseph DiSanto of victoria Management Company. Commssioner Wagner then pointed out that at that same meeting it was agreed that all signs would conform to the sign specifications and asked how the Clark ' s side sign could possibly conform if the fascia is not extended. Mr. Johnson stated that no need to extend the fascia had been determined by Eberhardt, which was precisely the reason for the variance request. He further stated that Eberhardt ' s intent was that all the storefront signs conform, but that that intent did not necessarily include signage other than storefront. Commissioner Wagner disagreed with Mr. Johnson' s interpretation and stated that the minutes of both the *Planning Commission and "the City Council would reflect that all signs • including front and side should conform to the specifications. Mr. Johnson replied that. a requirement for all signs to conform to the specifications would include rear signs , also. Chair Madden commented that the rear signage had been discussed as a separate issue . Commissioner Hansen expressed his concern that the integrity of the shopping center signage was being challenged so soon after the specifications had been put in place . He then asked what options exist if the Commission were to recommend denial of the sign variance based upon its non-conformance with signage specifications. Mr. Armstead and Mr. Johnson both described the signage as a lettering on a canopy over the drive-through which will be illuminated from the inside , and Mr. Johnson explained that individually illuminated letters such as those on the shopping center storefronts would not work on the proposed canopy. Mr. Armstead emphasized the importance of protective canopy over the drive-through. Commissioner Hansen stated that , aside from considerations of square footage and a second sign variance, the Commission was first interested in knowing what the sign would look like. He pointed out that other retailers in the shopping center had agreed to conform to the signage specifications even though they originally wanted to use non-conforming signs . Joseph DiSanto of Victoria Management Company addressed the question, • first reiterating his company ' s continuing commitment to the shopping center ' s success . Mr. DiSanto stated that extending the fascia is not a consideration because of the expense involved and because a different tenant identity is needed for Clark' s . Mr. DiSanto explained that the fascia was extended around the side of the Hennepin County Library only because a blank wall faced Kenzie Terrace. Commissioner Franzese asked Mr. DiSanto to speculate on the reaction of other tenants who were not allowed to use their company logos when they learn that an exception has been made for Clark ' s . Mr. DiSanto replied that it is difficult to dissuade a regional operator from using its logo. Additionally, he expressed the view that the proposed Clark ' s logo would not detract from the rest of the shopping center but would merely set off the Clark ' s restaurant . He further explained that the intent of the signage specifications agreed to by Victoria was to install matching signage along the storefronts but not necessarily along the sides . He apologized to the Commission for any inadvertent error or omission .on his part wick led them to believe that anything but storefront signage was meant to conform to the specifications . Chair Madden noted that two exceptions to the signage specifications already exist; namely, the Dairy Queen and the Montessori school . He stated that he is troubled by those two exceptions and is reluctanat to add a third. Mr . DiSanto disagreed with Chair Madden' s assessment • of the non-conforming signs and commented that it would be extremely unfortunate to lose a. potential tenant because of a signage dispute. • 8 Several members of the Commission then stated that Clark ' s business was indeed welcomed to the community. Mr. Armstead thanked the Commission for their assurances and emphasized the importance of a distinctive logo to a company such as his own. Commissioner .Wagner asked 'Mr . Armstead to describe the menu board. Mr. Armstead replied that the menu board will be a standard illuminated board, that the majority of the menu board will be taken up with description of menu items, and that the restaurant name in logo form will appear in small lettering at the top. Public Works Director Hamer commented that the non-conforming Montessori school sign has been removed and that he is working with Eberhardt regarding other conspicuous, non-conforming signage in the shopping center, including those located at the rear of the buildings . Mr. DiSanto assured the Commission that he would consult an engineer regarding traffic flow at the Clark ' s drive-through window in order to provide maximum safety to motorists and pedestrians . Carole Sorenson, Housing Manager of Walker on Kenzie, appeared to address the issue of pedestrian safety, stating that many of Walker ' s • tenants are elderly people who are concerned with safely negotiating traffic on their way through the shopping center . Commissioner Franzese asked whether provision had yet been made for pedestrian access to the shopping center from the apartment complex. Mr. DiSanto and Mr . Johnson replied that no such plans currently exist although they acknowledged the possibility of a pedestrian walkway.. The public hearing was closed at 9 : 46 p.m. Commissioner Wagner objected to allowing non-conforming signage on the side of the building and recommended that a suitable alternative be brought to the Commission, preferably one that incorporates extending the fascia around the side of the building. He additionally noted that a formal variance petition should be-brought for the menu board. Commissioner Hansen stated -his agreement with the views expressed -by Commissioner Wagner, adding that he would not vote in favor of the conditional use variance unless the corner safety issue was satisfactorily addressed. Commissioner Brownell also emphasized the need to address the corner safety issue. He then expressed the view that he had no objection to • the proposed signage because the Clark ' s business location is unique to the shopping center. 9 • Commissioner Werenicz concurred with the views expressed by Commissioner Brownell . Chair Madden stated that although he understands Clark ' s need to use its logo he would prefer to see some accommodation made on their part to the established signage pattern in the center. He also advocated extending the fascia around the side of the building. Commissioner Franzese expressed her concerns about corner safety as well as pedestrian safety between the center and the apartment complex. She expressed her hope for a compromise on the signage issue . Commissioner Franzese questioned whether the restaurant ' s late hours would invite disturbances in an otherwise quiet residential neighborhood. Commissioner Wagner concurred with the rest of the Commission on the safety issue, and expressed thanks to Carole Sorenson for attending the meeting. Commissioner Hansen pointed out that the rear of the shopping center is receiving more notice as more residences are constructed, and suggested that the Commission concern itself with the appearance of • the shopping center in all its aspects . Motion by Brownell , seconded by Hansen, to recommend that the City Council grant the conditional use permit for a drive-through service at 2922 Pentagon Drive for Clark ' s Submarine Sandwiches, finding that Clark ' s has affirmatively and satisfactorily answered the three questions required by 'the statute and that no one spoke against granting the permit; that the proposed conditional use is one of the conditional uses listed specifically for the zoning district; and that, because a potential traffic safety hazard exists in the plan submitted to the Commission, the Commission recommends that a method satisfactory to City of St. Anthony staff and City Council be devised for diverting traffic exiting from the drive-through to the right so as not to interfere with southbound pedestrian or automotive traffic; and that the hours of operation be from 10 : 00 a.m. to 2 :00 a.m. daily. Motion carried unanimously. Motion by Werenicz , seconded by Brownell, to recommend that the City -Council approve the variance requested by Clark ' s Submarine Sandwiches for two signs totalling 59 square feet as depicted in the drawing submitted to the Planning Commission by the petitioner; finding that the petitioner affirmatively and satisfactorily answered the three questions required by the statute and that no one spoke • against granting the variance; and that the storefront sign conform to .the signage specifications of the shopping center; that the • 10 petitioner present a detailed design plan of the side canopy sign to the City and that the design plan conform to the basic concept as presented to the Planning Commission at its October 3rd, 1989 meeting; noting that the Planning Commission looks favorably on the erection of a menu board as depicted in the submitted plan, although a separate variance request is required; in the hope that a suitable compromise on the side canopy sign be reached. Aye: Brownell , Werenicz Nay: Franzese , Hansen, Madden, Wagner Motion defeated. Commissioner .Hansen suggested that the City Council might be aided in their decision-making task if a photo of an existing Clark ' s canopy sign could be procured for them. Mr . Armstead replied that no such canopy sign currently exists at any other Clark' s location. Mr . DiSanto suggested that the Stonehouse canopy is nearly identical to the one proposed by Clark ' s . Chair Madden summed up the discussion by stating that the Commission was in agreement with every issue regarding the signage with the exception of the non-conforming appearance of the lettering. • MISCELLANEOUS Commissioner Wagner reported to the Commission that in his discussion of' the sign ordinance with the Riwanis Club the only objections were to election signs , which some members found unsightly. Chair Madden announced a government training workshop entitled "Accomplishing Your Agenda and Parliamentary Procedure" to - be held on October 26th in Stillwater, November 16th in Rochester;. and January 25th in St. Paul . ADJOURNMENT Motion by Hansen,. seconded by Brownell , to adjourn the Planning Commission meeting at 10: 32 p.m. Motion. carried unanimously. Respectfully submitted, i Doris Hoskin Commission Secretary