HomeMy WebLinkAboutPL MINUTES 03211995 Meeting Sheet
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Box: 19
Folder: PL MINUTES AND AGENDAS 1995
Document: PL MINUTES 03211995
1 CITY OF ST. ANTHONY
02 PLANNING COMMISSION MEETING MINUTES
3 MARCH 21, 1995
4 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
5 The meeting was called to order and the Pledge of Allegiance was led by Chair Bergstrom at
6 7:00 P.M.
7 II. ROLL CALL.
8 Commissioners present: Bergstrom, Makowske, Gondorchin, Horst, Faust, Franzese, and
9 Thompson.
10 Commissioners absent: None
11 Also present: Kim Moore-Sykes, Management Assistant
12 III. APPROVAL OF JANUARY 23, 1995 PLANNING COMMISSION MINUTES.
13 Motion by Makowske, second by Franzese, to approve the Planning Commission minutes of
14 January 23, 1995 as presented.
�5 Vote: 6 ayes, 0 nayes. Commissioner Faust abstained.
16 Motion carried.
17 IV. DESIGNATE PLANNING COMMISSION REPRESENTATIVE TO COUNCIL'S
18 MARCH 28, 1995 REGULAR MEETING.
19 Commissioner Makowske will represent the Planning Commission at the March 28, 1995
20 Council Meeting.
21 V. PUBLIC HEARINGS.
22 A. Setback variance request for Myers Tire Supply, 3839 Chandler Drive.
23 At 7:03 P.M., Chair.Bergstrom opened the public hearing for a rear setback variance request for
24 Myers Tire Supply, 3839 Chandler Drive.
25 Management Assistant Kim Moore-Sykes explained that the owner, Dane Teaman of Myers Tire
26 Supply, 3839 Chandler Drive, is requesting a rear yard setback variance to locate a utility storage
27 shed one foot from the rear property line. At the time Mr. Teaman was negotiating for the
28 purchase of the building on Chandler Drive, he was planning to store a small inventory of
29 product in the facility for distribution to wholesale customers. As a result, the owner was cited
30 for fire code violations regarding the inside storage of flammable and hazardous materials. The
•1 owner was advised by the Fire Department of a number of options by which he could provide
32 appropriate storage accommodations for the hazardous materials. The owner felt his only option
33 was an outside utility shed. Before contacting the City, the owner took delivery of an 8' by 8'
Planning Commission Regular Meeting Minutes
• March 21, 1995
Page 2
1 wooden storage shed and placed it one foot from the south property line. She stated the owner
2 was then contacted by the Building Inspector, as the utility shed was in violation of the City's
3 zoning ordinance because the storage shed was inside the rear yard setback. According to the
4 ordinance, the shed is allowed, as long as it is in the rear yard and not within three feet of the
5 property line. Due to the existing structure and the configuration of the lot, the property has a
6 nine foot rear yard. The structure is in violation because it is in the three foot setback area of the
7 property line. Moore-Sykes reported she has walked the site with the owner to investigate the
8 possibility of locating the shed in a different area. She stated locating the shed on the south side
9 of the facility would cause it to either encroach onto the neighboring property or to be placed on
10 an utility easement. Mr. Teaman's neighbor has indicated he does not want the structure located
11 in the northeast corner of the lot, as it will seem that it is in his front yard. The neighbor stated
12 he is comfortable with where the shed is located now. Moore-Sykes stated the shed currently is
13 located at the loading dock site, which makes it convenient and safe to load and unload product.
14 She indicated moving the shed to another location will make it more difficult to move the
15 product and increase the risk of spillage. She stated Mr. Teaman had painted the inside floor of
16 the shed with an epoxy and also installed a two inch lip at the door to contain a spill if one were
17 to occur. He has agreed to paint the structure to match the existing building. She stated she has
18 spoken with the Assistant Fire Chief and he stated the shed is currently better situated should an
19 incident occur.
20 Commissioner Makowske indicated he had spoken with Fire Chief Richard Johnson and he
21 seemed satisfied that the fire code was being met. Fire Chief Johnson stated that if the materials
22 were stored,inside, special walls and fire doors would need to be installed in the facility to
23 separate the different items.
24 Management Assistant Moore-Sykes reported that according to the owner, there is movement in
25 the industry to change from solvent-based products to water-based products, so some of the
26 concerns the Fire Chief has may be alleviated further down the road.
27 In response to Commissioner Makowske, Management Assistant Moore-Sykes indicated the
28 shed could not be placed anywhere on this lot without requiring a variance.
29 Commissioner Bergstrom asked if Management Assistant Moore-Sykes felt the three
30 requirements for granting of a variance were fulfilled.
31 Management Assistant Moore-Sykes stated the property was configured in a way that there
32 would have to be a variance. The owner also had contacted the City before purchasing the
33 property and was led to believe he would not have any problems.
34 Mr. Dane Teaman, Myers Tire Supply, stated the materials he is storing are sold strictly in the
containers they arrive in. He indicated the materials are flammable products. He felt one
W advantage of outside storage was that if there was a problem, the Fire Department would not
37 have to enter the building. He stated code would only allow him to store twelve pails of material
Planning Commission Regular Meeting Minutes
March 21, 1995
• Page 3
1 in one room. These rooms are required to have specific walls and fire doors. The construction of
2 these storage areas would require a large amount of space which he did not anticipate when he
3 purchased the property.
4 Commissioner Faust asked if the materials Mr. Teaman is storing are highly pilferable and when
5 he anticipated painting the storage shed.
6 Mr. Teaman indicated the material has no value unless someone knows what it is. He stated he
7 would paint the shed as soon as weather permits.
8 Commissioner Franzese indicated she was still concerned with the possibility of vandalism as
9 this would be a free-standing building.
10 Mr. Teaman stated he does have an alarm system for the existing structure. He indicated in the
11 event of any problems, he could construct a fence to that particular corner of the property.
12 Commissioner Makowske stated his one concern was that in order to fulfill State mandates, it
13 must be evident there is an undue hardship. He asked how the indoor storage would present an
14 undue hardship by it's affect on the business and the building.
0
15 Mr. Teaman explained that if the rooms required by the Fire Department were constructed, he
16 would exceed the usefulness of the building within one year or sooner. If this would have been
17 understood when negotiating the purchase, he would not have bought the building. He stated the
18 requirements in St. Anthony are different than the requirements were in St. Paul. He explained
19 he carries six different flammable products which are stored in five gallon pails. When utilizing
20 inside storage, the pails can be stacked two high with twelve cans per room. Nothing can be
21 stored above the pails, so all storage space above is lost. He indicate the storage rooms would
22 need to be two feet deep and three feet wide with a door.
23 Horst asked if there was a danger when stacking and storing the combustible products in the
24 outside shed.
25 Mr. Teaman indicated the lowest flammable combustible rating of any of the products is 100
26 degrees. He indicated he keeps an inventory of forty pails which fit easily in the storage shed, as
27 he can stack them three to four pails high.
28 Commissioner Gondorchin questioned the possibility of inside storage with multiple shelving.
29 Mr. Teaman reported this was not allowed by the Fire Department due to the risk of something
30falling on a firefighter. In response to Chair Bergstrom, Mr. Teaman stated that when he was
0l negotiating the property he had contacted the Fire Department. He was not told that he would
2 not need any variances. He was told that until he took over the property, the Fire Department
Planning Commission Regular Meeting Minutes
March 21, 1995
Page 4
1 would not make any effort to stipulate requirements. He also reported the original owner of the
2 building was Donatelles Plastic.
3 Chair Bergstrom closed the public hearing at 7:26 P.M.
4 In response to Commissioner Makowske, Management Assistant Moore-Sykes indicated she had
5 received no objections from any of the neighbors in the area.
6 Commissioner Thompson stated as long as the business was in a light-industrial area, the shed
7 would be painted, it was a perfect spot for the Fire Department to enter, and the neighbors are not
8 opposing, he saw no reason not to grant the variance.
9 Commissioner Gondorchin indicated it was difficult to see the hardship, as it related to
10 Minnesota Statutes in this case. He stated it appeared that the problem was the storage of
11 product, not the configuration of the property on the land. He stated his concern with the lack of
12 input from the Fire Department given to the owner when he was negotiating the property.
13 Commissioner Faust indicated the size of the land was the problem. He reiterated the owner
14 would need a variance no matter where he located the shed.
15 Commissioner Gondorchin agreed that the size of the land was a problem for this particular use
16 but that the size did not preclude reasonable use of the property.
17 Chair Bergstrom stated that Mr. Teaman had done a tremendous job of doing what he could to
18 coordinate with the Fire Department. He indicated he believed Mr. Teaman was asking for a
19 reasonable variance but that it was difficult to legally document the reasons for hardship.
20 Motion by Faust, seconded by Franzese, to recommend Council approval of the rear setback
21 variance to locate a utility shed at 3839 Chandler Drive one foot from the rear property line as it
22 fulfills the three requirements of Minnesota Statutes,there is no one present at the meeting to
23 speak against it, the City may have been unable to identify the problem when Mr. Teaman asked
24 for clarification, and the exterior of the shed will be painted appropriately.
25 Commissioner Franzese indicated she was still concerned the shed may be suspect to vandalism.
26 Vote: Commissioners Faust, Franzese, Thompson, and Horst voted yes. Commissioners
27 Gondorchin, Bergstrom, and Makowske voted naye.
28
29 Motion carried.
Chair Bergstrom urged Mr. Teaman to attend the City Council meeting on March 28, 1995 for
1 the final commitment of his variance request.
Planning Commission Regular Meeting Minutes
• March 21, 1995
Page 5
1 Chair Bergstrom asked that agenda item VII. be discussed next.
2 VII. MISCELLANEOUS UPDATES.
3 A. Update on Schroeder lot coverage request(3929 Fordham Drive).
4 Management Assistant Moore-Sykes reported a developer is negotiating an offer to sell Mr.
5 Schroeder a portion of the lot to the north which would enable Mr. Schroeder to build his house.
6 B. Update on proposed City Hall/Community Center.
7 Management Assistant Moore-Sykes reported the plans for the City Hall portion of the project
8 are with Council and being revised as to their input into the process.
9
10 C. Update on Redevelopment of Apache Plaza.
11 Management Assistant Moore-Sykes reported the redevelopment at Apache Plaza is still moving
12 ahead. She indicated there are currently negotiations between the bank and the owner of the
13 property. She stated the foreclosure hearing has been extended to April 28, 1995.
9
14 D. Update on Banners.
15 Management Assistant Moore-Sykes reported that recently a resident had expressed concern
16 regarding a violation of the City Code as it relates to banners. She indicated the City Manager
17 sent a letter with an explanation of the ordinance to the individual displaying the prohibited
18 banner and requiring that the banner be removed. She explained the ordinance states an
19 individual must request permission from the City Manager to display an oversized banner. She
20 further stated an individual who is in violation of the ordinance has 30 days to remove the
21 banner.
22 E. Ordinance Relating to Meets and Bounds.
23 There was Commission discussion regarding the ordinance pertaining to meets and bounds.
24 Direction was given to Management Assistant Moore-Sykes to obtain a recommendation from
25 City Attorney regarding the ordinance pertaining to meets and bounds.
26 F. Signage on Canopy at Stop and Go, 37th and Stinson.
27 Chair Bergstrom reported the new Stop and Go on 37th and Stinson was displaying signage on
28 the canopy. He indicated he had looked back in his old notes and could not locate where a
variance request had been granted for this. He stated this was a matter of consistency that there
q10 be no advertising on canopies.
Planning Commission Regular Meeting Minutes
March 21, 1995
Page 6
1 Commissioner Horst indicated he thought a pylon had been included in the site plan.
2 Chair Bergstrom indicated there was discussion of the pylon but not of signage on the canopy.
3 He stated there was no language in the City Code which related specifically to canopies.
4 Management Assistant Moore-Sykes indicated she had also investigated the minutes of the
5 Planning Commission and could not located anything regarding signage on the canopy at the
6 Stop and Go on 37th and Stinson.
7 Commissioner Franzese stated she felt the ordinance regarding signage should be amended to
8 eliminate pylons.
9 Chair Bergstrom indicated there were two ways to enforce the existing sign ordinance. The first
10 would be on a square footage basis and the second would be to change the codes.
11 Commissioner Franzese suggested this issue be brought before the City Council at their next
12 meeting.
4 Management Assistant Moore-Sykes stated she would investigate this issue further and make a
recommendation at the next Planning Commission meeting.
15 G. Commissioner Updates.
16 Commissioner Faust apologized for missing the January Planning Commission meeting.
17 Commissioner Thompson reported the J.C. Penney sign was dropped at Apache Mall today.
18 Commissioner Horst reported he had the opportunity to attend Planning Commission seminar.
19 Commissioner Makowske stated he was looking forward to the advanced training class
20 scheduled for April 6, 1995.
21 VI. REVIEW AND DISCUSSION OF COMPREHENSIVE PLAN.
22 Chair Bergstrom stated he had been a member of the Planning Commission for two years. He
23 indicated that the City of St. Anthony is almost fully built out. He stated he felt the
24 responsibility of the Planning Commission was to look after the long-term interest of the
25 community and establish the vision of St. Anthony. He stated he moved to St. Anthony in 1988
26 because it was a good location, had a community feel to it, and was self-contained in terms of
27 City Council, Fire Department and School District. He questioned if there were things the
Planning Commission could consider to be more pro-active. He indicated three things he felt
4t could help the commission accomplish this goal of success. These three things were to maintain
30 and enhance property value of the residential and commercial areas, maintain a self-contained
Planning Commission Regular Meeting Minutes
March 21, 1995
Page 7
1 government, and increase the tax base in the community. He indicated the Comprehensive Plan
2 was the vehicle to identify long-terms goals. He felt it would be helpful to look at other quality
3 suburbs to see what they have done to accomplish these goals. He felt it was important for the
4 Planning Commission to be able to comment on the acquisition and dispersement of property and
5 also comment on capital improvement plans. He indicated what he was suggesting would
6 require a substantial larger amount of time from all members.
7 Commissioner Franzese stated she was excited with what she was hearing. She suggested Chair
8 Bergstrom become a member of the MPA.
9 Commissioner Gondorchin suggested an inventory of existing committee groups and their
10 effectiveness.
11 Commissioner Faust stated the problem was that the Comprehensive Plan sits on a shelf and is
12 not a living document. He indicated these things were already documented but not utilized.
13 Chair Bergstrom stated it was necessary to get the Planning Commission into position where it
14 should and wants to be. He felt one vehicle to do this would be updating the Comprehensive
015 Plan.
16 Commissioner Horst stated he has heard the recommendation of updating the Comprehensive
17, Plan but a lot of issues have not changed. He did agree that the direction and idea of the future of
18 St. Anthony needed to be updated from the 1979 plan to the 1995 reality.
19 Commissioner Makowske indicated he was willing to look into the long-term vision of St.
20 Anthony. He believed that if done correctly, the Comprehensive Plan could become a living
21 document and the Planning Commission could become pro-active.
22 Commissioner Faust reported his attendance at a meeting last Thursday in Columbia Heights.
23 He stated that.community has come together with a commitment to develop goals and establish
24 accountability. There is involvement all the way from Anoka County down through the parents
25 to the children.
26 Chair Bergstrom.stated there were too many groups that come up with ideas that are not
27 "doable". He indicated the Planning Commission needed to prove a valuable advisor to the City
28 Council.
29 Commissioner Makowske indicated if the Commission were to pursue this, it would be
30 beneficial to put some item onto the agenda for consideration.
Chair Bergstrom indicated that at the next Planning Commission meeting, he would like to have
2 some closure on this issue.
Planning Commission Regular Meeting Minutes
March 21, 1995
Page 8
1 Commissioner Franzese suggested Commissioner Makowske mention to the City Council that
2 the Commission is in the process of trying to identify an area where they can be useful to them
3 and the City.
4 Chair Bergstrom indicated a letter should be sent to the City explaining the commission is
5 planning a revision of the Comprehensive Plan, asking them to identify things of value to the
6 City and the City Council, that will lead the Planning Commission onto the path it should take.
7 VIII. ADJOURNMENT.
8 Motion by Makowske, second by Franzese to adjourn the meeting at 8:40 P.M.
9 Motion carried unanimously.
10 Respectfully submitted,
11 Lorri Kopischke
12 TimeSaver Off Site Secretarial