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HomeMy WebLinkAboutPL MINUTES 10191993 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 101266 Box: 19 Folder: PL MINUTES AND AGENDAS 1993 Document: PL MINUTES 10191993 CITY OF ST. ANTHONY 3 PLANNING COMMISSION MEETING 4 5 OCTOBER 19, 1993 6 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 11 Allegiance was led by Chair Faust . 12 13 2 . ROLL CALL 14 15 Commissioners Present : Bergstrom, Thompson, Franzese, 16 Gondorchin, Madden and Faust 17 18 Staff Present : City Manager Burt 19 20 3 . - APPROVAL OF SEPTEMBER 21 , 1993 MINUTES 21 22 Motion by Madden, second by Franzese to approve the minutes of 23 the September 21 , 1993 Planning Commission Meeting with the . 24 following correction: 25 0 page 7 , line 1 : Correct the word "appoint" to "elect" 28 Commissioner Franzese inquired if the fourth paragraph on page 29 4 had any errors . She felt the reference to the housing 30 maintenance code may be incorrect . 31 32 The City Manager noted that the issue in question was 33 regarding a driveway surface. This would be addressed in the 34 building code and not in the housing maintenance code 35 36 Motion carried unanimously 37 38 39 4 . DESIGNATION OF COMMISSION REPRESENTATIVE TO THE NOVEMBER 9, 40 1993 CITY COUNCIL MEETING 41 42 Commissioner Madden will attend the November 9, 1993 City 43 Council Meeting representing the Planning Commission. 44 45 5. PUBLIC HEARINGS 46 47 Chair Faust noted that it is too early to open the public 48 hearings as they were advertised for a later time. He 49 requested staff to initiate discussion on some of the items 50 under MISCELLANEOUS. • PLANNING COMMISSION MEETING OCTOBER 19, 1993 3 PAGE 3 4 5 6 Ms . Olin stated the hours she would prefer which would be less 7 than those presently observed at the St . Anthony Shopping 8 Center . 9 10 Commissioner Franzese inquired if all of the conditions for 11 operating this type of business had been thoroughly explained 12 to Ms . Olin. 13 14 Ms . Olin -replied she had received the City' s Code of Ethics 15 and the staff recommended conditions have been reviewed with 16 her . She is hiring the services of a licensed massage 17 therapist and there will be separate private rooms for this 18 service in keeping with the family nature of the business . 19 20 Discussion continued regarding the hours of operation which 21 could be approved and be acceptable to Ms . Olin . 22 23 The public hearing was closed at 7 : 11 p.m. 24 25 Motion by Madden, second by Franzese to recommend to the 6 Council approval of a conditional use permit to operate a therapeutic massage service to Ms. Jane Olin for use at 2906 Pentagon Drive in the St . Anthony Shopping Center with the 29 following conditions : 30 31 1 . The massage therapy being restricted to therapeutic 32 massage and approved hours of operation as follows : Monday 33 through Friday 9: 00 a.m. to 9: 00 p.m. ; Saturday 9: 00 a.m. to 34 4 : 00 p .m. and closed on Sunday. . 35 36 2 . The permit will automatically be revoked if there is any 37 violation of applicable City or State statutes related to 38 criminal sexual conduct by any person associated with the 39 operation. 40 41 3 . The massage therapy offered must comply with the Code of 42 Ethics and definition of massage therapy established by the 43 Association of Body-Work Professionals and/or the American 44 Massage Therapy Association. 45 46 4 . The massage personnel must have graduated from a State of 47 Minnesota certified professional program with a minimum of 100 48 hour training; 49 50 PLANNING COMMISSION MEETING OCTOBER 19, 1993 3 PAGE 5 4 5 Mr. Freiberg advised that the pump island will be thirty eight 6 feet long and needs four feet of canopy on each end to be 7 usable . The canopy facia will be thirty six inches high and 8 will be only decorative. No advertising nor signs will be 9 placed on the canopy. The lights will shine down so they will 10 not interfer with any residences . There will be no junk cars 11 stored on the property and the roof signs will be removed. He 12 also stated that the .fencing will be changed and surface 13 blacktopping will be done next year when the weather is 14 better. 15 16 The Public Hearing was closed at 7 : 28 p.m. 17 18 Commissioner Franzese inquired if staff had researched this 19 request pertaining to any hardship. The City Manager responded 20 that the City Attorney had applied a "creative" interpretation 21 for other variances granted to service stations . It was felt 22 this request could qualify for a hardship because of the 23 unusual shape of the lot . 24 25 Commissioner Gondorchin inquired if there was going to be a pylon sign . Mr . Freiberg stated there was . 28 Motion by Franzese, second by Madden to recommend to the City 29 Council granting of the conditional use permit and the 30 variance to accommodate the expansion of the building and the 31 addition of a canopy as per the staff recommendations , there 32 was no one who appeared to speak against these requests , a 33 hardship exits because of the unusual shape of the lot and 34 including the following conditions : 35 36 1 . Parking lot must be striped a minimum of eight spaces . 37 38 2 . The canopy lighting must shine down 39 40 3 . Inoperable vehicles may not be stored on the site for more 41 than two weeks . 42 43 4 . Removal of roof sign 44 45 5 . Where old chain link fence is currently located, new screen 46 fencing will be installed behind the building. 47 48 6 . Complete paving on east side of building up to public- 49 right-of way. 50 Motion carried unanimously PLANNING COMMISSION MEETING l OCTOBER 19 , 1993 3 PAGE 7 4 5 6 E. Petition for Variance - Wally Bauer, 3640 - 3644 Silver 7 Lake Road 8 F. Application for Subdivision/Plat Approval , Wally Bauer, 9 3640 - 3644 Silver Lake Road 10 11 Chair Faust read the notices of these two public hearings 12 which appeared in the October 9, 1993 edition of the St . 13 Anthony Bulletin. 14 15 The City Manager explained that this request is for a zero lot 16 line split of a double bungalow. Mr. Bauer wishes to refinance 17 one side of the building and the land and split it into two 18 separate parcels for ownership. 19 20 The City can subdivide the property using the same survey and 21 parcels A and B division line as the new property line. 22 Subdivision can be done waiving the replat requirement . As 23 this is an existing structure, a lotsplit would require a zero 24 lot line which would require a variance . 25 There also needs to be a variance for lot area, width , and lot coverage. The zero lot line variance would be for five feet 28 for each structure. The other three variances are required, as 29 the current lot meets the ordinance, but the two proposed lots 30 would not . 31 32 Commissioner Bergstrom inquired if there were other zero lot 33 lines situations in St . Anthony. 34 35 The City Manager advised there are some on 37th Avenue between 36 Stinson Boulevard and Silver Lake Road. These buildings were 37 built intentionally to be zero lot line situations and the 38 lots are considerably larger than this one. Mr. Bauer noted 39 that when this building was built zero lot lines did not 40 exist . 41 42 Discussion continued regarding maintenance by both owners and 43 how this could be required. 44 45 It was determined the exterior maintenance could be protected 46 by a "party wall " agreement between the two owners . Mr . Bauer 47 stated this agreement will not address landscaping nor snow 48 removal but will address all other "common" aspects of the 49 building. 50 • PLANNING COMMISSION MEETING OCTOBER 19, 1993 3 PAGE 9 4 5 6 He exlained that the shape of the • building is mostly round 7 with much glass and windows . He felt there would not be an 8 appropriate place to locate a wall sign. 9 10 The City Manager stated that this building could be allowed to 11 have two wall signs as it technically faces two streets . 1.2 13 The Public Hearing was closed at 8 : 14 p.m. 14 15 Commissioner Gondorchin felt a wall or facia sign are options 16 which should be considered. He also suggested a pylon sign 17 would work but that a roof sign would be difficult to see as 18 well . 19 20 Commissioner Thompson noted this building is not in a 21 residential area so any signage would not impact on private 22 homes . Exposure is the primary concern for this business . 23 24 Chair Faust prefers not to set a precedent , especially with ;. 25 approval of a roof sign . He supports monument signs . 76 Commissioner Madden stated his opposition to a roof sign . 29 City Manager Burt requested this matter be continued until the ` 30 next Planning Commission Meeting. He felt staff could work 31 with Mr . Cadwallader to solve the problem. He stated his 32 preference to have this matter returned to the Planning 33 Commission rather than have it recommended for denial to the 34 City Council . 35 36 Mr . Cadwallader inquired if a lighted sign could be a 37 consideration . The City Manager advised this would not be a 38 permitted use but further examination of the sign ordinance 39 would be done by staff to work within the ordinance. 40 41 Motion by Franzese, second by Madden to table this matter 42 until the next Planning Commission Meeting. 43 44 Motion carried unanimously 45 46 6 . MISCELLANEOUS 47 48 A. Application for Garage Setback Permit - Scott Barton , 49 3515 Harding Street - Council Referred Item 50 v PLANNING COMMISSION MEETING OCTOBER 19, 1993 3 PAGE 11 4 5 Commissioner Bergstrom felt there was value in longevity and 6 inquired if there had been problems . The City Manager 7 responded it has never been an issue. 8 9 Chair Faust felt there was consensus on the Planning 10 Commission that there should be no changes . 11 12 7 . STAFF UPDATE 13 14 The City Manager advised that the City Council will be making 15 an appointment to the Planning Commission at its October 27th 16 meeting. 17 18 8 . COMMISSIONERS ' COMMENTS 19 20 a . Commissioner Madden 21 Commissioner Madden had nothing to comment on at this time . 22 23 b. Commissioner Gondorchin 24 Commissioner Gondorchin had nothing to comment on at this 25 time. C . Commissioner Franzese 28 Commissioner Franzese had recently read in the Northeaster 29 Newspaper an article regarding the proposed closing of the St . 30 Anthony branch of the Hennepin County Library System. She 31 observed that property owners in St . Anthony already pay taxes 32 to support the Hennepin County Park System which is not very 33 accessible. This inequity will continue with the closing of 34 the library. 35 36 The City Manager advised he will be contacting former Hennepin 37 County Commissioner Makowske regarding what property taxes are 38 used for by Hennepin County . He noted that St . Anthony is the 39 only inner-ring suburb whose library is being considered for 40 closing. 41 42 The, City Manager also noted there are few services received by 43 St . Anthony from Hennepin County although tax dollars from the 44 City are significant . Among the services received is the 9-1-1 45 dispatch and limited county road work. 46 47 He will put out a press release for the public hearing being 48 held regarding the potential library closing, this will be 49 noted on the Kiwanis sign and phone numbers of commissioners 50 to be contacted . PLANNING COMMISSION MEETING OCTOBER 19 , 1993 3 PAGE 13 4 5 6 9 . ADJOURN 7 8 Motion by Madden , second by Franzese to adjourn the meeting at 9 9 : 00 P.M. 10 11 Motion carried unanimously 12 13 14 15 16 Respectfully submitted, 17 18 19 20 Jo-Anne Student , Planning Commission Secretary 21 22 23 24 25 8 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 s