HomeMy WebLinkAboutPL MINUTES 09211993 Meeting Sheet
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101264
Box: 19
Folder: PL MINUTES AND AGENDAS 1993
Document: PL MINUTES 09211993
1 CITY OF ST. ANTHONY
2
3 PLANNING COMMISSION MEETING
4
5 SEPTEMBER 21, 1993
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7
8 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE
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 2: ROLL CALL
14
15 Commissioners Present: Madden, Bergstrom, Thompson, Franzese, Gondorchin and
16 Faust.
17
18 Staff Present: Management Assistant Urbia.
19
20 3. APPROVAL OF AUGUST 3, 1993 MEETING MINUTES
21
22 Motion by Madden, second by Franzese to approve the minutes of the August 3, 1993
23 Planning Commission Meeting with the following corrections:
4
25 page 2, line 8: strike "commence the first" and add "schedule each"
26 page 4, line 9: replace "Urbia" with "Abrahamson"
27 page 7, line 41: add a comma between "request" and "it"
28 page 7, line 41: add "needed to" between "have" and "meet"
29 page 9, line 47: replace "Commissioner Franzese" with "It was"
30
31 Motion carried unanimously
32
33 4. DESIGNATION OF COMMISSION REPRESENTATIVE TO THE SEPTEMBER
34 28, 1993 CITY COUNCIL MEETING
35
36 Commissioner Thompson will represent the Planning Commission at the September 28,
37 1993 Council Meeting.
38
39 5. PUBLIC HEARINGS
40
41 A. Application for Subdivision/Plat Approval, Jerome P. Holewa, 3484 Silver Lane
42
43 The Public Hearing was opened at 7:06 P.M. by Chair Faust. He read the Notice of
44 Public Hearing which appeared in the September 8, 1993 edition of the St. Anthony
�5 Bulletin.
6
Planning Commission Meeting
• September 21, 1993
Page 2
1 Urbia explained his staff report and the concurrent review process of the City of St.
2 Anthony and the Evergreen Townhome Association. Urbia also explained a Metes and
3 Bounds description; how the City could waive the plat requirement in a subdivision
4 application; the significance of torrans property; the approval by the Ramsey County
5 Registrar of Titles for the conveyance of land in torrans property by Metes and Bounds
6 description; and lot coverage issues. Urbia also explained the three options of the
7 Commission: (1)the Commission could recommend approval of the request, but provide
8 for the approval contingent upon other review authority approvals; (2) the Commission
9 could recommend denial of the request, and if the City Council voted this way, the
10 request would be dead regardless of other review authority opinions; or (3) the
11 Commission could table the request to seek input from the other review authority.
12
13 Madden asked if this application is legal considering the applicant does not own the land.
14 Urbia explained that this is possible, so that if an applicant is a potential buyer, they may
15 assess the situation prior to the potential acquisition.
16
17 Madden inquired if Mr. Holewa owns 3484 Silver Lane. Faust stated Mr. Holewa is the
18 buyer, as stated on the application form.
19
iA Franzese stated that the request should be tabled, so that the Evergreen Townhome
21 Association can debate the issue. Franzese stressed that this was important because it
22 would allow the review authority at the lowest and closest level of the impact to have
23 input.
24
25 The applicant, Eleonor Holewa, 3201 Townview Avenue Northeast, (buyer for 3484
26 Silver Lane) explained why they applied for the subdivision request. They desire the
27 additional room to enhance their townhome and applied in good faith. It was never their
28 intention to hurt other neighbors. They ask for a fair hearing and consideration.
29
30 Victor Brenk, 3458 Silver Lane, spoke in opposition to the request due to visibility
31 concerns; lot coverage; green space; and precedence. Mr. Brenk supplied a petition in
32 objection signed by 24 of 26 contacted townhome units. Faust asked how many total
33 units there were, and Brenk replied there were 37 units.
34
35 Jerry Madison, 3442 Silver Lane, spoke in opposition to the request. He believes they
36 are not owners so they cannot apply. In addition, there are 34 of 37 units that can vote
37 on this issue
38
39 Jerry John, 3456 Silver Lane, indicated that he was the Acting President of the
40 Evergreen Townhome Association. He agreed with Commissioner Franzese that the
41 issue should be tabled to allow for the Townhome Association to vote on this matter on
102 September 28th. As a resident, he would vote against the proposal. As a Board Member
Planning Commission Meeting
• September 21, 1993
Page 3
1 he wishes for the Planning Commission to table the item.
2
3 Linda Jessen, 3476 Silver Lane, indicated that she was a Board Member of the Evergreen
4 Townhome Association. She said as a Board Member and owner she opposes the request
5 as it would set a negative precedence.
6
7 The Public Hearing was closed at 7:26 P.M..
8
9 Commissioner Madden believes the Commission should make a firm recommendation
10 tonight and he would be opposed to the request.
11
12 Faust agreed with Madden and believed tabling the item would place the item in limbo
13 and not serve the applicant or other affected parties well.
14
15 Gondorchin agreed that a motion of denial recommendation would be most appropriate.
16
17 Franzese pointed out that the local government should not get involved until the
18 Townhome Association decides upon the issue and she would prefer tabling the item.
19
00 Thompson opposes the request because he believes the green spaces should be preserved.
21
22 Bergstrom agrees with Franzese on which level should decide upon the issue, however
23 on this specific issue, tabling it would delay the inevitable.
24
25 Faust made two other points. First, ownership is not an issue as a number of buyers in
26 the past have made requests to the City. Second, the Commission has been concerned
27 about lot coverage and storm water drainage issues and this request raise some concerns.
28
29 Motion by Madden, second by Thompson to recommend to the City Council denial of
30 the application for subdivision/plat approval as requested by Jerome P. Holewa noting
31 concerns for lack of green space, crowding, lot coverage issues, architectural balance.
32 In addition, a majority of Evergreen Townhome residents who expressed opposition.
33
34 Motion carried unanimously
35
36 Chair Faust advised this item will be on the September 28th Council Meeting agenda.
37 He recommended the interested parties attend that meeting.
38
39 B. Application for Garage Setback Permit, Scott D. Barton, 3515 Harding Street
40 Northeast
41
102 The Public Hearing was opened at 7:35 P.M. by Chair Faust. He read the Notice of
Planning Commission Meeting
• September 21, 1993
Page 4
1 Public Hearing which appeared in the September 8, 1993 edition of the St. Anthony
2 Bulletin.
3
4 Urbia presented his staff report and how the garage setback permit request, if approved,
5 would allow additional space for the applicant to attach the garage and house with a
6 breezeway. Urbia also explained that if approved, conditions can be placed on the
7 applicant through a garage setback permit.
8
9 Franzese inquired about the overhangs and Urbia, stressed that the three foot limit was
10 at the further most edge of the overhang. Franzese inquired about the side-yard setback
11 on the other side, and Urbia responded that it was 32.5'. Urbia also stated that the
12 proposal would have a lot coverage of 25%. Franzese asked about the side-yard setback
13 of the neighbor to the north. Urbia stated that the 57" figure was probably more
14 accurate than the 5'8" figure provided in the written application. Franzese inquired
15 about the current garage and if it would be removed. Urbia responded that the garage
16 would be moved and the old concrete slab would be removed.
17
18 Madden asked about the driveway and if the City could require the applicant to upgrade
19 it without this request. Urbia explained that the lack of hard cover driveway is
*.0 grandfathered. Faust inquired if the housing maintenance ordinance would address this
21 issue at point of sale. Urbia said he would look into and report back to the Planning
22 Commission at their next meeting.
23
24 The applicant, Scott Barton, 3515 Harding Street Northeast, began by answering some
25 of the questions raised by the Commissioners during the staff report. The neighbors
26 side-yard setback is 5'8". His overhang is three to four inches. He needs the additional
27 room for the breezeway due to the elevation difference between the home and to where
28 the garage will be moved. The additional room is needed so that stairs in the breezeway
29 can be accommodated. As the home is not square to the property line, the garage will
30 have to be square to the home and will not be square to the property line. He also
31 described screening issues of the neighborhood.
32
33 Thompson inquired if he ever considered attaching the garage to the home. Barton said
34 there is an elevation difference of two feet which would be cost prohibitive to elevate the
35 garage and have full frost footings, and difficult to place steps inside the garage. Barton
36 added that the proposal matches where the current curb cut is, and to move it would
37 require him to replace the curb as well.
38
39 Faust inquired how the applicant was sure the measurements were accurate. Barton
40 responded by saying he found his four monuments. Faust believed the measurements are
41vague and felt that a survey might show the applicant has more space than he thinks and
02 would not need this request to complete the proposal. Barton asked if a certified survey
Planning Commission Meeting
• September 21, 1993
Page 5
1 was required. Urbia responded that a survey will be required if necessary.
2
3 Jerome Bennek, Sr., 3512 Coolidge Street Northeast, has lived there for the past 30
4 years. He is concerned that the garage is 60+ years old and questioned whether it could
5 withstand a move. Faust indicated that it was not the City's concern how it was moved,
6 but that it must remaining in stable condition and this will be verified by the Building
7 Inspector. Bennek inquired about the rental situation in the home. Faust indicated that
8 this is not an appropriate issue to discuss tonight.
9
10 James Wiehoff, 3508 Coolidge Street Northeast, asked why the City is even considering
11 this proposal. Urbia responded that an applicant has a right to make a request and the
12 City must give it consideration. Wiehoff said that no one wants a garage that close, so
13 this should not be approved.
14
15 Don Dick, 3519 Harding Street, indicated that he is the immediate neighbor to the north.
16 He brought up maintenance concerns, and that three feet is too close.
17
18 Barton indicated he would like to respond to some of the comments made in opposition.
19 Barton admitted that his maintenance has been lacking but that was because he did not
*0 want to put a lot of money into something that will be changed. He indicated that he
21 would improve the condition of the landscaping and garage if this request is approved.
22
23 Meichun Wang, 3800 Foss Road #17, stressed that all of the other issues such as rental
24 and maintenace are not germain to the public hearing, and that the crucial question is if
25 the Planning Commission will recommend to the City Council approval or denial of the
26 request.
27
28 Barton explained his plans for the driveway width and that it would not impact the
29 neighbor's property. Dick stated that Barton was inaccurate about his plans for the
30 driveway and that the width would impact his property. Faust indicated that the
31 driveway width is not an issue at this time and that the Building Inspector would insure
32 compliance.
33
34 The Public Hearing was closed at 8:13 P.M..
35
36 Gondorchin indicated that this request does not fall into the garage setback permit area.
37 Faust indicated that the request allows the Commission to refine their definition and
38 interpretation of this new ordinance concept. Gondorchin agreed with Faust. In
39 addition, Gordorchin believes there is a lot of room on the property to find alternatives
40 to the proposal.
41
102 Faust believes the garage setback permit was created to allow expansion of single garages
Planning Commission Meeting
September 21, 1993
Page 6
1 to double garages.
2
3 Madden agreed with Gondorchin and Faust and encouraged the applicant to find another
4 method of attaching the home and garage with a breezeway.
5
6 Franzese was concerned about fire safety and if apparatus could be brought between the
7 existing fence and proposed garage location.
8
9 Thompson believes it is a depressing looking property, but does not need a garage
10 setback permit to improve the property.
11
12 Bergstrom understands the applicant's desire to improve, but cannot grant the permit for
13 a larger breezeway.
14
15 Motion by Gondorchin, second by Faust to recommend to the City Council denial of the
16 garage setback permit request as it does not meet the original intent of the City for
17 creating the garage setback pemit ordinance. In addition, several people spoke against
18 the request and the proposed side-yard setback causes concerns for fire safety.
19
0-0 Motion carried unanimously
21
22 Chair Faust advised this item will be on the September 28th Council Meeting agenda.
23 He recommended the interested parties attend that meeting.
24
25 6. MISCELLANEOUS
26
27 A. Concept Review, Dick's St. Anthony Phillips "66", 2700 Kenzie Terrace
28
29 Urbia explained the various elements of the proposal by Mr. Richard Freiberg. The
30 proposed canopy and addition to the building would require setback variances. The
31 parking requirements call for eight spaces, which must be clearly marked. Barrier-type
32 curbing is a consideration. Staff will assess if any curbing may be required. A
33 conditional use permit must also be applied for, because when an existing gas station
34 expands its use, it must come into compliance with the newer City Ordinances.
35
36 After the Planning Commission discussed the issue, there appeared to be a consensus of
37 approval. Madden stressed that variances have been granted in the City already for
38 canopies. Franzese encouraged staff to research the previous hardships used for allowed
39 canopy variances.
40
41 B. Planning Commission Vice-Chair Vacancy
102
Planning Commission Meeting
September 21, 1993
Page 7
1 Motion by Franzese, second by Madden to appoint Commissioner Gondorchin as the
2 Planning Commission Vice-Chair for the remainder of 1993.
3
4 Motion carried unanimously
5
6 C. Designate Planning Commission Representative to the Environmental
7 Ouality/Recycling Committee
8
9 Motion by Franzese, second by Gondorchin to appoint Commissioner Bergstrom as the
10 Planning Commission Representative to the Environmental Quality/Recycling Committee.
11
12 Motion carried unanimously
13
14 D. Designate Planning Commission Representative to the Economic/Redevelopment
15 Task Force
16
17 Motion by Faust, second. by Franzese to appoint Commissioner Madden to the
18 Economic/Redevelopment Task Force.
19
0-0 Motion carried unanimously
21
22 7. STAFF UPDATE
23
24 Urbia reported that there will be three agenda items for the October Planning
25 Commission Meeting. The agenda items are: condition use permit and variance request
26 for Phillips "66"; a sign variance request for Cadwallader; and conditional use permit
27 request for a therapuetic massage service in the hair styling business at the St. Anthony
28 Shopping Center.
29
30 8. COMMISSIONERS' COMMENTS
31
32 Faust asked staff to check the status of Ordinance 1993-012. Franzese asked staff to look
33 back at hardships used for previous variance requests for canopies to use for Phillips
34 "66" variance request in October.
35
36 Motion by Madden, second by Franzese to recognize Rick Werenicz and the
37 committment and service he provided to the Planning Commission from 1986 to 1993.
38
39 Motion carried unanimously
40
41
02
Planning Commission Meeting
September 21, 1993
Page 8
1 9. ADJOURNMENT
2
3 Motion by Madden, second by Thompson to adjourn the meeting at 9:15 P.M..
4
5 Motion carried unanimously
6
7
8 Respectfully submitted,
9
10
11
12 David Mark Urbia, Management Assistant