HomeMy WebLinkAboutPL MINUTES 06211994 Meeting Sheet
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Folder: PL MINUTES AND AGENDAS 1994
Document: PL MINUTES 06211994
01 CITY OF ST. ANTHONY
2 PLANNING COMMISSION MEETING MINUTES
3 June 21, 1994
4 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
5 The meeting was called to order and the Pledge of Allegiance was led by Chair
6 Gondorchin at 7:00 P.M..
7 II. ROLL CALL.
8 Commissioners present: Makowske, Gondorchin, Horst, Faust, Franzese, and
9 Thompson.
10 Commissioners absent: Bergstrom.
11 Also present: Larry Hamer, Interim City Manager
12 III. APPROVAL OF MAY 17, 1994 PLANNING COMMISSION MINUTES.
13 Motion by Franzese, second by Makowske to approve the Planning Commission
Wminutes of May 17, 1994 with the following changes:
15 Page 1, line 26: Correct spelling of "Bachman"
16 Page 5, line 18: Add under the Aye votes, "Gondorchin"
17
18 Motion carried unanimously,
19 IV. DESIGNATE PLANNING COMMISSION REPRESENTATIVE TO COUNCIL'S
20 JULY 12, 1994 REGULAR MEETING.
21 Commission Makowske will represent the Planning Commission at the June 28, 1994
22 Council Meeting.
23 V. PUBLIC HEARINGS.
24 A. Karen Rosar, conditional use permit, for 4000 Silver Lake Road.
25 Chair Gondorchin opened the public hearing for a conditional use permit requested by
26 Karen Rosar which would allow a vehicle muffler and glass repair shop in a "C"
27 Commercial District.
In his staff report, Interim City Manager Hamer informed those present that this
49 property is located at 4000 Silver Lake Road and added that it was a Mobil Gas Station
30 previously and has been empty for quite some time. Addressed tonight will be the
• Planning Commission Minutes
June 21, 1994
Page 2
1 landscaping, placement/replacement of the driveways, dumpster enclosures, signage,
2 and improvement of the existing structure. Hamer indicated this business is a franchise
3 combination muffler repair shop and vehicle glass repair shop. He added that the
4 property will be upgraded as set in conditions dictated by the Planning Commission and
5 City Council.
6 Commissioner Franzese inquired into the request as a conditional use listed in the
7 City's ordinance. Mr. Hamer responded that the request is for an automotive repair
8 shop, which is listed under permitted conditional uses in the ordinance.
9 The applicant, Ms. Rosar, presented a brief background of the franchise, stating that
10 Exhaust Pro and Fast Glass is currently in nine states and that she has the franchise for
11 the seven county metro area. Ms. Rosar distributed photos of existing Exhaust
12 Pro/Fast Glass sites. She informed those present that the business has been in
13 Minnesota for the last 17 years. The applicant distributed photos of an old Coke
14 Bottling building in St. Cloud which was renovated by the franchisee. She indicated
Wthe City of St. Cloud was pleased with the improvements.
16 Ms. Rosar continued by explaining that they usually purchase existing buildings,
17 oftentimes former gas stations. Every building of theirs, Ms. Rosar added, has like
18 images, with specific colors, signage, and standards.
19 Mr. Rosar was also present and emphasized that the franchise is for a long-term
20 commitment. He reiterated that they buy the property, maintain the buildings and
21 property, and continually strive to improve the property. He asserted that they think of
22 themselves as good neighbors. He added that initially they want to start with the
23 Exhaust Pro and in all probability will expand with two additional bays for Fast Glass
24 business. They will be a separate entity from Apache Plaza. Mr. Rosar indicated that
25 because commercial real estate is.so expensive, they determined they will need to run
26 two businesses out of one property. He foresees that this will occur more often in the
27 future.
28 Ms. Rosar noted their intention to perform the repairs from inside, saying there will be
29 no junk or junk cars left lying about the property. She showed pictures of existing
30 shops to demonstrate her point. The applicant emphasized that there would be no
31 outside storage and that that is the only way Exhaust Pros' franchise would allow them
32 to operate. She wanted to assure the neighbors of that fact.
WCommissioner Makowske asked if there will be two separate signs, one for Fast Glass
34 and one for Exhaust Pros. The applicants responded that there would be two separate
• Planning Commission Minutes
June 21, 1994
Page 3
1 signs for two separate corporations. Makowske then asked if there would be additional
2 signage. Mr. Rosar answered they want to put Exhaust Pros on the building and Fast
3 Glass on a pylon sign and Exhaust Pros on the pylon sign in front. Makowske
4 indicated that the amount of signage will be a separate issue.
5 Chair Gondorchin commented that that amount of signage would be difficult to obtain.
6 Commissioner Faust agreed.
7 Commissioner Makowske asked if the applicants had considered health and safety
8 issues. Ms. Rosar explained that there is no hazardous waste for either business.
9 Makowske wondered, too, if there were any problems with the gas station clean up.
10 Ms. Rosar added that the Environmental Protection Agency indicated clean up on the
11 site is not 100 percent done and that agency doesn't think it every will be. Rosar
12 perceived the EPA thinks the applicants' proposed usage is the best use for the
13 property.
14 Chair Gondorchin set forth some of the terms for a conditional use permit, i.e.,
structure improvements, landscaping, parking, driveways, dumpster enclosures, and
*6 signage. Ms. Rosar asserted that signage is critical to their operation.
17 Gondorchin discussed the possibility of needing variances and commented that he did
18 not want the applicants to discover that their plans would require variances that were
19 difficult to grant.
20 Mr. Rosar wondered if the roadway is a public road or a private road. Mr. Hamer
21 stated that the roadway is owned by Apache Plaza and it will need interpretation as to
22 whether or not it can be considered a public road. Hamer added that the public uses it
23 but it's owned by Apache Plaza.
24 Commissioner Franzese asked if there might be a noise problem. Ms. Rosar responded
25 that there would not be a problem with noise because the nature of the work is repair of
26 mufflers and glass and the process is not loud.
27 Mr. Rosar said they would like to be open Sundays, but have been unable to find
28 anyone to work and therefore did not think they would be open on Sundays.
29 Commissioner Faust commented on the proposed pylon sign. Faust noted that he does
30 not believe that a pylon sign is authorized for this size of operation. Faust used the
31 Hardee's sign as the epitome of the type of signage preferred. He opined that that is
l2 something the applicants need to consider.
33
• Planning Commission Minutes
June 21, 1994
Page 4
1 Commissioner Thompson felt the applicants could consider a monument sign, i.e., the
2 Goodyear sign.
3 When Commissioner Faust asked if all the underground tanks were removed, Mr.
4 Rosar responded that much of the soil has been replaced and the EPA does not want to
5 have any tanks in there.
6 Commissioner Faust asked about the hours of operation of a typical store of this type.
7 Ms. Rosar thought 8:00 A.M. to 7 P.M. would be the longest.
8 Chair Gondorchin expressed his desire to attach the hours of operation to the
9 conditional use permit. The applicants stated they would probably open at 8:00 A.M..
10 However, the hours would depend upon the people's traffic patterns. The hours would
11 be established when the applicants ascertained what the patters are. Gondorchin
12 inquired if similar businesses were required to add their hours of operation to the
13 conditions of the permit. Interim City Manager Hamer said there were no hours of
14 operation attached to similar businesses' conditional use permits that he was aware of.
05 Chair Gondorchin inquired if there was any opposition to the request.
16 Mr. Hamer had included in the packet a letter opposing the proposed business sent by
17 the Manager of Equinox Apartments.
18 Eileen Spano, was present representing the St. Anthony Court Townhomes located
19 across Silver Lake Road from the proposed business. Ms. Spano said their concerns
20 centered on (1) signage, (2) hours of operation, and (3)junk lying around the property.
21 Ms. Spano noted that these concerns had already been addressed during the meeting,
22 but that she did want to express the townhome owners' feelings about the proposal.
23 Chair Gondorchin closed the public hearing at 7:37 P.M..
24 Commissioner Thompson indicated he is in favor of the operation.
25 Commissioner Franzese believes Exhaust Pros is a better use than a gas station because
26 there will be less traffic generated. Franzese is not in favor of restricting the hours of
27 operation for this business if other businesses in the shopping center are not restricted.
28 Commissioner Faust, however, wanted restrictive hours, but agreed that those hours
should coincide with those of the shopping center. Faust also feels the hours of
operation should be specified in the conditions. He added that signage should be made
31 a part of the motion. The number of parking spaces and overnight vehicle storage
• Planning Commission Minutes
June 21, 1994
Page 5
1 should also be included in the conditions, he stated. Nonetheless, Faust was in
2 agreement that Exhaust Pros is probably the best use at this time for that particular
3 piece of property.
4 Commissioner Horst agreed. Horst added that his concerns relate to the signs, that the
5 signs will be compatible with existing signage on Silver Lake Road. The
6 Commissioner also expressed his feeling that the hours should not be restricted to an
7 unreasonable point compared to the other businesses in that area.
8 Commissioner Makowske, too, believes this proposal is an excellent use for this area.
9 Makowske was concerned about the late noise issue due to the letter which was
10 included in the packet from the Equinox Apartments manager.
11 Chair Gondorchin was in favor of recommending approval of a conditional use permit,
12 but stated he would like to attach certain conditions to it. Gondorchin felt the City
13 should be provided a detailed plan for the structure; a plan showing landscaping;
14 placement of new driveways; an overall view of dumpster enclosures; ingress and
0 egress; parking; restrictions on overnight vehicle parking.
16 As to the overnight parking issue, Interim City Manager Hamer commented that
17 normally businesses of this type do not generate problems. He pointed out that
18 customers are most often in and out - oftentimes they wait for the repair to be
19 completed. Hamer also noted that the parking area meets all code regulations.
20 Commissioner Horst asked about ownership of the road into Hardee's, behind the
21 subject property. Mr. Hamer replied that when Hardee's purchased their property,
22 which is adjacent to the subject property, they needed an entrance road which they
23 obtained by being given an easement for its use. Apache maintains the road. Hamer
24 said, however, he is not sure who owns the road.
25 Commissioner Faust suggested, as a condition to recommend granting this request, that
26 no more than two cars be parked on the property, for a length of time not to exceed 72
27 hours.
28 Chair Gondorchin added that future expansion would be another item, subject to any
29 square footage and/or lot line requirements.
30 After lengthy discussion regarding hours of operation, Chair Gondorchin polled the
Commissioners as to their opinions on the matter. Responses were as follows:
Thompson, 8:00 A.M. to 9:00 P.M. or 7:00 A.M. to 9:00 P.M.; Franzese, 7:00 A.M.
• Planning Commission Minutes
June 21, 1994
Page 6
1 to 9:00 P.M.; Faust, 8:00 A.M. to 8:00 P.M.; Horst, no time restrictions; Makowske,
2 8:00 A.M. to 8:00 P.M.; and Gondorchin, 8:00 A.M. to 8:00 P.M..
3 Commissioner Franzese inquired if Firestone is restricted to 8:00 P.M. by conditional
4 use. Mr. Hamer answered that Firestone has been in that location for a long time and
5 he would have to research the answer to that question. After further discussion, the
6 Commission's consensus was that Saturday hours would be 7:00 A.M. to 5:00 P.M.
7 and the Commissioners were split as to the business being open on Sundays.
8 Motion by Faust, second by Makowske to recommend Council approval of the
9 conditional use request by Karen Rosar, a franchise holder for Exhaust Pro and Fast
10 Glass, to open a repair establishment at 4000 Silver Lake Road with the following
11 conditions:
12 1. Submittal by the applicant the plans for the aesthetic improvements for the
13 structure, plans for the landscaping and driveway, dumpster enclosure and
14. signage plans.
05 2. That the hours of operation will be Monday through Friday from 7:00 A.M.
16 until 8:00 P.M.; Saturday from 7:00 A.M. to 5:00 P.M.. (Note that half the
17 Commissioners voted for open on Sunday and half voted against being open on
18 Sunday).
19 3. The signage would be one of the monument styles, with no pylons.
20 4. That vehicle storage be limited to not more than two vehicles to be stored out
21 side the building and not to exceed 72 hours.
22 Commissioner Franzese added as a friendly amendment to the motion that there was no
23 opposition to this request, however, the residents from the Townhomes across Silver
24 Lake Road were present and addressed their three concerns of signage, hours, and
25 outside vehicle storage. Commissioner Faust accepted the amendment.
26 Motion carried unanimously,
27 Chair Gondorchin urged Mr. and Mrs. Rosar to attend the City Council meeting on June 28th
28 for the final commitment of their conditional use permit.
9 B. Belair Builders, sign variance for Medical Professional Building, at 39th
Avenue N.E. and Silver Lake Road.
• Planning Commission Minutes
June 21, 1994
Page 7
1 At 8:11 P.M. Chair Gondorchin opened the Public Hearing for a request from Belair
2 Builders for a ground sign at the new dental complex on 39th and Silver Lake Road.
3 Interim City Manager Hamer explained to the Commissioners that the existing ground
4 sign at 39th Avenue N.E. and Silver Lake Road was built according to the City
5 Ordinance. The existing ground sign is a total of 32 square feet, which is the
6 maximum square footage allowed by City ordinance. The applicants are proposing a
7 ground sign which will require a 48 square foot variance.
8 Chair Gondorchin turned over the discussion to Mr. Murlowski, representing Belair
9 Builders.
10 Mr. Murlowski stated that the sign is a monument type sign that is comparable in
11 quality to adjacent signage at Apache Plaza and Twin City Federal. Mr. Murlowski
12 added that he spoke to the nearest resident, Ken Lee, and that Mr. Lee agrees with the
13 signage. The applicant said that.Belair believes the facility is excellent and that they
14 followed through with the landscaping, irrigation, attractive.parking, and enclosed
0 dumpsters.
16 Mr. Murlowski noted that the proposed signage is increased by a height of six to ten
17 inches because the roof top apparatus on top of the existing sign would be eliminated.
18 The width of the sign would be increased by about 12 inches on each side.
19 Chair Gondorchin asked if Belair is planning on landscaping around the base and Mr.
20 Murlowski replied that there is landscape around the base now, in the form of rock and
21 shrubbery.
22 Commissioner Faust referred to a prior meeting when the plans for the dental complex
23 were presented to the Planning Commission and signage was discussed. He stated that
24 at that time the consensus of the Commission was for a total of 32 square feet of
25 signage or 16 square feet on each side. The proposed request is for 40 square feet on
26 each side.
27 Mr. Murlowski pointed out that most people who come into the dental clinic are elderly
28 and have complained that they have difficulty in finding the facility. He said the roof
29 on the sign will be eliminated because it added to the signage area. Belair felt the roof
30 would be aesthetically pleasing, but would really decrease room for the dentists'
31 names. Mr. Murlowski noted that the proposed sign would need a 12 inch variance on
�2 each side with an overall net increase of 24 inches in width.
33 Commissioner Faust inquired if the proposed sign, then, is 8 feet wide and 5 feet high.
• Planning Commission Minutes
June 21, 1994
Page 8
1 Commissioner Franzese commented that she thinks the building is wonderful and wants
2 to do everything to help it succeed. She noted that there are dentists in the Apache
3 Medical Complex whose names are not on the outside of that building.
4 Chair Gondorchin closed the public hearing at 8:21 P.M.
5 Commissioner Faust expressed his concern about the signage and understood that the
6 Planning Commission had come to an agreement in concept of 32 square feet on each
7 side and around 64 or 65 total square feet of signage would be aesthetically pleasing
8 and would keep within the character of Silver Lake Road. Faust stressed that he
9 personally would have no problem with 32 square feet on each side, but this request is
10 for 80 square feet.
11 Chair Gondorchin felt that the existing ordinance creates a hardship for the dental
12 complex. The Chair is of the opinion that the proposed sign is not only a good
13 advertising vehicle but it offers a sense of professionalistm He added that there is an
14 unusual condition because this is a dental facility. Gondorchin also added that the sign
ordinance will be re-examined and he does not think granting a variance is out of line.
*6 The question is how big should the sign be.
17 Commissioner Horst felt that there needs to be an established goal and it should be
18 adhered to. Horst inquired if 32 square feet on each side would be within the realm of
19 acceptance of the applicant.
20 Mr. Murlowski responded that a mistake was made when the original sign was
21 designed -- it was too small. Murlowski continued to explain how the size of the sign
22 was determined.
23 Commissioner Makowske agreed that there is a hardship with the size of the existing
24 sign but felt the proposed signage was too large.
25 Commissioner Thompson indicated he felt the existing sign is unreadable and the
26 proposed size would not affect the neighborhood in a negative manner.
27 Commissioner Franzese was concerned about the precedent that recommending
28 approval of this request would set.
29 Commissioner Faust offered that because the existing signage of 32 square feet is not
enough, if 6 inches were eliminated from the proposed signage, the total would be very
near the 65 square feet the Planning Commission desires.
• Planning Commission Minutes
June 21, 1994
Page 9
1 Chair Gondorchin proposed the applicants not add the dentists' names to the sign,
2 instead a landmark name only, which he believed would far better identify the facility.
3 Motion by Faust, second by Makowske to recommend the City Council approve the
4 variance for a ground sign from Belair Builders for the dental complex on 39th and
5 Silver Lake Road and that the sign not exceed a total of 68 square feet, 34 square feet
6 on each side. In Commissioner Makowskes' second of the motion, he added the
7 addendum that the current signage with the doctors' names appended to the sign would
8 be insufficient; that the existing ordinance creates a hardship because it does not permit
9 the proper identification of the dentists in the facility; and that the sign ordinance
10 pertaining to ground signs is in a state of review.
11 Interim City Manager Hamer brought up the bonus issue which he felt could possibly
12 be a consideration when making this recommendation. The Chair explained that the
13 sign's height could be increased, however, the signage could not be increased.
14 Gondorchin noted, too, that the Planning Commission has been trying to phase out
15 and/or eliminate the bonus.
4?6 Commissioner Franzese added that at the present time the ordinance states that for
17 every foot a sign is less than the maximum height permitted, there will be allowed an
18 additional 4 square feet of sign surface area up to a total of 12 additional square feet.
19 The consensus of the Commissioners was that that is a moot point.
20 Chair Gondorchin clarified as an amendment to the motion, that the Planning
21 Commissioners are not taking into consideration any bonuses for landscaping and/or
22 height.
23 Voting on the motion:
24 Aye: Makowske, Gondorchin, Franzese, Horst, Faust
25 Nay: Thompson
26 Motion carried,
27 Chair Gondorchin urged the applicant to attend the Council's June 28, 1994 meeting
28 when they will review the request.
29 VI. MISCELLANEOUS.
ISO A. Ground Signs.
• Planning Commission Minutes
June 21, 1994
Page 10
1 Chair Gondorchin opened the discussion on ground signs.
2 Commissioners Horst, Makowske and Franzese agreed to meet as a subcommittee to
3 develop a draft for an amendment to the ordinance relating to ground signs. They will
4 schedule the meeting date following the adjournment of tonight's meeting. The
5 subcommittee will develop the amendment, submit it to the Planning Commission, and
6 the Planning Commission's final draft will then be submitted to the City Attorney.
7 B. Fences to be Built on Corner Lots.
8 Mr. Hamer explained that the City Council requested the Planning Commission work
9 with staff to develop a policy regarding fences on corner lots. This request came
10 following the recent variance request from Paul Johnson, 2800 - 36th Avenue N.E.
11 The Planning Commission had recommended Council deny the request as they felt the
12 ordinance was clear that a 6 foot fence cannot be built between the structure to the
13 front yard set back line. Some Commissioners felt it might be more appropriate to
14 amend the ordinance rather than develop a policy. Hamer indicated.the Council wants
Wto prevent this problem for future requests similar in nature.
16 Commissioner Horst mentioned that the new owner of Town and Country Foods is a resident
17 of St. Anthony.
18 Commissioner Makowske reported that the Economic Development/Redevelopment Task
19 Force is continuing their prioritization on undeveloped and underdeveloped lots.
20 Mr. Hamer indicated that the plans to renovate the rental properties owned by MAKO, Inc.
21 are moving forward.
22 Commissioner Franzese said Ed Fiori of American Monarch, told her that that business is
23 nearing a sale.
24 VII. ADJOURNMENT.
25 Motion by Franzese, seconded by Makowske to adjourn the meeting at 9:36 P.M.
26 Motion carried unanimously,
467 Respectfully submitted,
28 Jane Whisney-Wilson