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HomeMy WebLinkAboutPL MINUTES 06151993 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 101260 Box: 19 Folder: Pl. MINUTES AND AGENDAS 1993 Document: PL MINUTES 06151993 • 1 CITY OF ST. ANTHONY 2 3 PLANNING COMMISSION MEETING 4 5 JUNE 15, 1993 6 7 8 I. CALL TO ORDER 9 10 The meeting was called to order at 7:00 P.M. and the Pledge of Allegiance was led by 11 Chair Faust. 12 13 II. ROLL CALL 14 15 Commissioners Present: Thompson, Franzese, Gondorchin (arrived 7:02 P.M.), Faust, 16 Werenicz, and Madden 17 18 Commissioners Absent: None 19 20 Staff Present: Management Assistant Urbia 21 22 III. APPROVAL OF MAY 18, 1993 MINUTES 3 4 Motion by Madden, seconded by Franzese to approve the minutes of the May 18, 1993 25 Planning Commission Meeting with the following corrections: 26 27 page 2, line 34: change "538" to "528" 28 page 2, line 42: add "to be in compliance with the bylaws." after "application" 29 page 5, line 36: change "garage" to "house" 30 page 5, line 43: end sentence after "proposed" using "." and capitalize the word 31 "a" immediately following to begin a new sentence 32 page 6, line 32: change the name "Gondorchin" to the name "Murphy" 33 page 12, line 46: add "e" at the end of name "Frames" 34 35 Motion Carried Unanimously 36 37 IV. DESIGNATION OF COMMISSION REPRESENTATIVE TO THE JULY 13, 1993 38 CITY COUNCIL MEETING 39 40 Commissioner Werenicz will represent the Planning Commission at the July 13, 1993 41 City Council Meeting. 42 43 V. PUBLIC HEARINGS 44 05 A. Petition for Sign Variance, Leroy Signs. Inc. (Agent for First Bank), 3928 46 Silver Lake Road • Planning Commission Meeting June 15, 1993 Page 2 1 The hearing was opened at 7:06 P.M. by Chair Faust who read the Notice of Hearing 2 which had been published in the June 2, 1993 edition of the St. Anthony Bulletin. 3 4 Mr. Urbia explained that the applicant was an agent for the business establishment, First 5 Bank. The request is to replace the three current Marquette Bank signs with First Bank 6 signs. The proposed total sign surface area will be less than what currently exists. The 7 current signage was allowed by variance, so precedence has been set. Mr. Urbia 8 recommended that the Planning Commission recommend Council's approval of the 9 petition for sign variance, citing precedence and a hardship being the circular.shape of 10 the building which has visibility concerns. 11 12 Commissioner Madden questioned about the sign surface area of each individual sign, 13 which Urbia responded would be less in each case. Commissioner Franzese questioned 14 about replacement issues and the proposed ordinance - 1993-007. Urbia explained the 15 proposed ordinance and what replacement is. Staff directed First Bank through the 16 variance process because they would be able to replace the signage sooner than the 17 passage of the proposed ordinance. 18 9 Commissioner Gondorchin pointed out that the bank began replacement. Urbia 0 responded that the bank is allowed to replace one sign, and that staff granted permission . 21 for temporary banners. Commissioner Werenicz questioned about painting. Urbia 22 responded that he was sure the bank would paint over the area where the old signage was 23 at a minimum. Commissioner Franzese questioned about the hours of illumination. 24 Urbia responded that the Commission could place the same condition as previous, from 25 dusk to 1:00 A.M.. 26 27 Bob Everson representing First Bank spoke to issues relating to the petition for sign 28 variance. The company would like to put this issue aside and replace the signs. He 29 believes the circular shape of the building is a hardship. He believes the proposal is 30 aesthetically pleasing. Regarding illumination, he would be willing to comply with any 31 residential requirements. Also, First Bank does not illuminate signs past 1:00 A.M. for . 32 energy conservation reasons. They have two temporary banners for identification and 33 to cover.up the area where the old signs where. 34 35 Commissioner Franzese asked what color the building would be painted and what time 36 the majority of their banks stop sign illumination. Mr. Everson responded that the bank 37 will be painted the same color and that the majority of the banks end illumination at 1:00 38 A.M.. 39 40 With no further discussion, Chair Faust closed the public hearing at 7:17 P.M.. 04 1 2 Motion by Madden, seconded by Thompson to recommend the City Council approve the • Planning Commission Meeting June 15, 1993 Page 3 1 Petition for Sign Variance to Leroy Signs, Inc. (Agent for First Bank), 3928 Silver Lake 2 Road which would allow two additional wall signs. In recommending approval of the 3 request, the Commission finds that there were no neighborhood objections, the proposed 4 square footage is less than the square footage of the current signage, the three conditions 5 are met, and that the hours of illumination be from dusk to 1:00 A.M.. Franzese made 6 a friendly amendment that the bank will enhance the identity of Apache mall and might 7 help to draw customers to the area in general and that the simple architecture of the 8 building will be enhanced by the proposed signage. The friendly amendment was 9 accepted. 10 11 Motion Carried Unanimously 12 13 B. Application for Conditional Use Permit, Nancy Anderson, Tan Me - Apache 14 Plaza, 3800 Silver Lake Road 15 16 The hearing was opened at 7:20 P.M. by Chair Faust who read the Notice of Hearing 17 which had been published in the June 2, 1993 edition of the St. Anthony Bulletin. 18 9 Mr. Urbia explained that there were two previous requests for this type of conditional 0 use but that there were listed conditions. The conditions were as follows: (1). the 21 massage therapy being restricted to medical care and approved hours of operation; (2) 22 the permit would automatically be revoked if there is any violation of applicable City or 23 state statutes related to criminal sexual conduct by any person associated with the 24 operation; and (3) the massage therapy offered must comply with the code of ethics and 25 definition of massage therapy established by the American Massage Therapy Association. 26 Staff recommends the Planning Commission recommend approval to the City Council for 27 the conditional use permit based on like conditions. 28 29 Nancy Anderson explained how the two extra rooms she has in her tanning salon could 30 be put to good use by providing this additional service. She said she plans to have 31 someone from the Minneapolis School of Massage, and that she will have a reputable 32 business. 33 34 Werenicz questioned if the customers would be doctor referred. Ms. Anderson replied 35 no but that the massage would be therapeutic. 36 37 Madden asked if the massage worker would be an employee or independent contractor. 38 Ms. Anderson said the person would be an independent contractor. 39 40 Franzese asked if there is therapeutic value to tanning. Ms. Anderson said there was 01 from the dry heat. Franzese asked if the person be from American Message Therapy 42 Association. Anderson was not sure, but stressed that it would be someone from the • Planning Commission Meeting June 15, 1993 Page 4 1 Minneapolis School of Massage. 2 3 Faust asked if massage personnel are licensed. Urbia said they are most likely state 4 licensed as the City does not license massage personnel. 5 6 Franzese asked about advertising and signage. Anderson said her ads would mention this 7 additional service. She receives no signage in the mall. 8 9 Werenicz wondered about the timeline Anderson wanted to offer this service. Anderson 10 stated she wants to be open by August. 11 12 Werenicz felt two of the three recommended conditions could not be met, only number 13 two regarding criminal sexual conduct. Urbia said medical care could be changed to 14 therapeutic massage. 15 16 Anderson felt that by granting the conditional use it would be an asset to, her business. 17 18 With no further discussion, Faust closed the public hearing at 7:33 P.M.. 9 0 Motion by Franzese, second by Werenicz to recommend approval with the three 21 recommended conditions, but amending the first condition by deleting medical care and 22 adding a fourth condition, where the massage personnel must be licensed by the State of 23 Minnesota. In recommending approval of the request, the Commission finds that no one 24 spoke in opposition; that precedence had been set; and the request does comply with 25 requirements of the conditional use. 26 27 Gondorchin was uneasy about the service provider not being present and he was not sure 28 of the third and fourth conditions. However, other Commissioners felt that if the 29 conditions could not be met, the applicant will have to come back through the conditional 30 use process. Staff will look into the issues in condition three and four and present this 31 to the Council. 32 33 Voting on the motion: 34 Aye: Thompson, Franzese, Faust, Werenicz, and Madden. 35 Nay: Gondorchin. 36 37 Motion Carried 38 39 C. Application for Conditional Use Permit, James R. Bona, St. Anthony Unocal, 40 Inc.. 2812 27th Avenue Northeast 04 1 2 The hearing was opened at 7:37 P.M. by Chair Faust who read,the Notice of Hearing Planning Commission Meeting June 15, 1993 Page 5 1 which had been published in the June 2, 1993 edition of the St. Anthony Bulletin. 2 3 Mr.. Urbia explained that because the use will be expanded, the conditional use permit 4 process must be used. Urbia explained how staff worked with the applicant's 5 representatives to present this proposal tonight. Urbia felt the proposal was a win-win 6 situation between the residents and business. Urbia explained the phase-in process, 7 where curbing will be required in the areas where improvements are being made at the 8 time. 9 10 Franzese asked why the applicant was responsible for curbing on the street. Urbia said 11 the applicant was responsible only on private property, not on the public street. 12 13 Madden asked if the presented drawing was a proposal from the applicant or what the 14 City is requiring or both. Urbia said it was both, as this is what was negotiated. 15 16 Madden felt that the condition limiting the number of cars and hours was too restrictive. 17 18 Werenicz questioned if the size of parking spaces was accurate and how the proposed �l9 addition would impact the number of parking spaces. Urbia said the spaces where 9' X 0 19' and that the new square footage will have a different number of required spaces and 21 they will be reconfigured. 22 23 Tom Zappia, attorney for James R. Bona, would like 12 spaces instead of 10 for the 24 recommended condition. Franzese questioned if the proposed addition would be one or 25 two stories. The Commission felt that this was not a relevant question. 26 27 John Jadinak, 2805 27th Avenue Northeast inquired if there would be parking behind the 28 old Meat Market. Urbia said there would be parking but behind berming and trees. 29 Jadinak inquired about the proposed canopy. He said the City should only consider 30 allowing the canopy after the new homes across the street are built so those residents 31 have input. 32 33 With no further discussion, Faust closed the public hearing at 7:55 P.M.. 34 35 Madden felt the applicant may have gained property but lost three curb cuts on 27th 36 Avenue. Madden felt the applicant lost a lot by losing access, so he would like to see 37 car storage increased to twelve cars. 38 39 Faust requested to see where the berming will be on the drawing. Urbia described the 40 area to be along 27th Avenue. The area west of the service station will have the existing 01 fence. 42 Planning Commission Meeting June 15, 1993 Page 6 1 Franzese inquired if there were any parking restrictions on the applicant's site right now. 2 Urbia said there was not. Franzese felt it is hard to justify restrictions if there are 3 currently no restrictions and because the business has a good track record. Werenicz felt 4 it would be pertinent to add a parking condition. Faust felt this condition was necessary 5 to give the City leverage to control long-term parking of junk cars. Madden felt a good 6 compromise would be no car over 48 hours. He felt junkers are not brought into a first 7 class operation like the applicants. 8 9 Motion by Madden, seconded by Franzese to recommend approval to the City Council. 10 with the following conditions: (1) parking lot must be striped for 23 spaces; (2) curbs 11 must be installed in the areas specified on the drawing and be insurmountable and be of 12 concrete; (3) if a canopy is installed, lighting must shine down; (4) if the proposed 13 addition is built in the future, the lot must be subdivided into one parcel; (5) no car may 14 be stored for no more than 48 hours; and (6) the property address must be changed from 15 a 27th Avenue address to a Kenzie Terrace address. 16 17 In recommending approval of the request, the Commission finds that there was one 18 person for the request and one against the request and that this is not only a 9 neighborhood issue but an issue of the business community surviving. Commissioner 0 Franzese wished to include a friendly amendment that the request meets the three 21 requirements for a conditional use. 22 23 Motion Carried Unanimously 24 25 D. Petition for Variance. James R. Bona, St. Anthony Unocal, Inc., 2812 27th 26 Avenue Northeast 27 28 The hearing was opened at 8:07 P.M. by Chair Faust who read the Notice of Hearing 29 which had been published in the June 2, 1993 edition of the St. Anthony Bulletin. 30 31 Mr. Urbia explained that a variance is required for the canopy, as a portion of the 32 canopy is outside of the building envelope. The variance would be for 28 feet. The 33 canopy and pumps could not be closer to the building due to traffic flow problems and 34 the cost of moving the pumps. Potential hardship that could be identified is the unusual 35 shape of the lot, the cost to move the pumps, and traffic flow problems if the canopy and 36 pumps must be moved. 37 38 Commissioner Franzese questioned the economic issues. Urbia explained that economic 39 reasons could not be identified alone as a hardship in granting a variance. 40 01 Gondorchin questioned if the hours of operation would be expanded. Urbia believed they 2 would not be expanded. Planning Commission Meeting June 15, 1993 Page 7 1 Mr. Zappia felt the traffic flow, if the canopy is moved, would be difficult; the shape of 2 the lot; and the cost to move pumps, as the hardship. Economic considerations cannot 3 be considered alone. Mr. Zappia said the hours of operation would be the same. Mr. 4 Zappia asked about the conditional use permit and the condition to limit storage of 5 vehicles parked over 48 hours. He said there might be times when they would need a 6 car stored over 48 hours if they order parts from Seattle. The Commission directed the 7 applicant to work with staff on this issue between now and the City Council meeting on 8 July 13, 1993. 9 10 Mr. Mike Eicher spoke to the pump configuration. It is designed as a zero rejection 11 pump, so that all grades of gas are at "the pump that the customer chooses. 12 13 Faust questioned about the height of the canopy. Mr. Eicher said the canopy will have 14 14'6" clearance and will be 3' wide for an overall height of 17'6" canopy. 15 16 Mr. Paul Archambault of 2716 Pahl Avenue Northeast spoke in favor of Mr. Bona's plan 17 and felt he ran a clean and efficient operation. He felt Mr. Bona has addressed the 18 neighbor's concerns. Mr. Archambault felt there was a gas station at this location for 09 forty plus years, long before other residents. He feels the plans will be an improvement. 20 21 With no further discussion, Faust closed the public hearing at 8:30 P.M.. 22 23 Gondorchin approves of the proposal, as he believes canopies are a part of doing 24 business. Madden was in favor. 25 26 Motion by Madden, seconded by Franzese to recommend approval to the City Council 27 for the petition for variance, the three requirements for a variance have been met; two 28 people spoke in favor and no people spoke against the proposal; and the proposal will 29 enhance the business community. Franzese provided a friendly amendment to list the 30 hardship; it being: the unusual shape of the lot, the cost of moving the pumps, and 31 traffic flow issues if the pumps were moved closer to building. 32 33 Faust had issue with undue hardship. Gondorchin agrees and believes the listed hardship 34 should not be included. The listed hardship was not removed, as Madden and Franzese 35 did not accept the amendment request. 36 37 Voting on the motion: 38 Aye: Thompson, Franzese, Gondorchin, Werenicz, and Madden. 39 Nay: Faust. 40 01 Motion Carried 42 Planning Commission Meeting June 15, 1993 Page 8 1 VI. MISCELLANEOUS 2 3 Sign Ordinance Issue 4 5 Mr. Urbia explained the Northgate sign issue. Urbia explained that Ordinance 1993-007 6 had its first reading due to this issue. Motion by Werenicz, second by Madden to urge 7 the City Council not to proceed with the new ordinance and for further research into this 8 issue. 9 10 Motion Carried Unanimously 11 12 Section 1130 - Peddlers, Solicitors and Transient Merchants 13 14 Mr. Urbia explained the City Council desired input on this issue, as they wanted to find 15 a way to allow the Gems and Stems owner to sell flowers on Mother's Day. However, 16 Mr. Urbia pointed out that if this were allowed, it would be difficult to stop the less 17 desirable street vendor activities. The Planning Commission agreed with this and felt the 18 ordinance should stand as it is. �19 20 VII. STAFF UPDATE 21 22 Mr. Urbia reported that the Henry Garage Setback Permit request was referred back to 23 the Planning Commission. Mr. Henry is deciding if he should attach the garage or have 24 a 30' setback. Urbia reminded the Commission that they can put conditions onto an 25 applicant for a Garage Setback Permit. 26 27 VIII. COMMISSIONERS' COMMENTS 28 29 Faust inquired about parcels around Apache Plaza. Urbia said there has been some but 30 they deal with the owner of Apache Plaza. Urbia said the rezoning of the parcels south 31 of TCF will have its second reading at the June 22nd City Council Meeting.. 32 33 IX. ADJOURN 34 35 Motion by Madden, seconded by Werenicz to adjourn the Planning Commission Meeting 36 at 9:15 P.M.. 37 38 Motion Carried Unanimously 39 Respectfully submitted, 40 041 42 David Mark Urbia, Acting Secretary