HomeMy WebLinkAboutPL MINUTES 06181996 Meeting Sheet
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Box: 19
Folder: PL MINUTES AND AGENDAS 1996
Document: PL MINUTES 05211996
1 CITY OF ST. ANTHONY
• PLANNING COMMISSION MEETING MINUTES
3 JUNE 18, 1996
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 7:02 P.M.
7 1I. ROLL CALL.
8 . Commissioners present Chair Bergstrom; Commissioners Delmonico, Franzese,
9 Gondorchin, Makowske, and Thompson.
10 Commissioners absent: Commissioner Horst.
11 Also present: Kim Moore-Sykes, Management Assistant.
12 III. APPROVAL OF JUNE 18, 1996 PLANNING COMMISSION AGENDA.
13 Motion by Franzese, seconded by Delmonico,to approve the Planning Commission Agenda for
14 June 18, 1996 with the following changes:
15 Delete Item IV. Approval of May 20, 1996 Planning Commission Minutes.
16 Delete Item VII. B. Concept Review of Proposed Lot Split/Double Bungalow- Bauer.
Motion carried unanimously.
18 V. DESIGNATE PLANNING COMMISSION REPRESENTATIVE TO JUNE 25, 1996
19 COUNCIL MEETING.
20 Chair Bergstrom was appointed as the Planning Commission representative for the Tuesday,
21 June 25, 1996, City Council meeting.
22 VI. PUBLIC HEARINGS.
23 A. St. Anthony Unocal-76
24 1. Conditional Use Permit
25 Chair Bergstrom opened the public hearing at 7:03 p.m.
26 Commissioner Makowske acknowledged that he felt this was an excellent prospect for
27 expansion. He would however, refrain from voting or conversation on the issue as in the course
28 of his business dealings he did receive direct financial benefit.
29 Kim Moore-Sykes, Management Assistant reported Roger Bona, owner of the Unocal 76 Service
30 Station, 2812 - 27th Avenue NE, is proposing to build an addition to his existing service station
31 so that he will be able to expand his auto repair business. The purpose of the addition is to
32 increase the number of repair bays.
• The proposed expansion is 5,613 square feet,requiring an additional 19 parking spaces. Mr.
1 Bona is proposing to put 21 parking spaces on site and to construct 14 additional parking spaces
Planning Commission Regular Meeting Minutes
• June 18, 1996
Page 2
1 on an adjacent piece of property that he recently purchased. The old meat market building will
2 be demolished to make way for a portion of the proposed on-site parking.
3 In May, Mr. Bona and his architect presented drawings and plans to City Staff which showed the
4 proposed addition within the City's setback requirements. They also conducted a neighborhood
5 meeting on June 2, 1996. Mr. Dan Dahling, of Finn-Daniels Architects indicated that the
6 meeting went well, with the majority of the comments addressing a need for increased
7 landscaping. The residents and business representatives who attended the meeting advised them
8 that they want landscaping that will provide more visual screening that will also muffle the noise.
9 Ms. Moore-Sykes stated Staff is recommending that the conditional use permit be granted-based
10 on the following conditions:
11 1. The parking areas must have striping for all the proposed parking spaces.
12 2. No more than 10 cars stored on the site for no more than 48 hours. This would also
13 include the parking area across the alley from the business.
14 3. Change the property address to reflect the business frontage on Kenzie Terrace.
goMs. Moore-Sykes explained with approving a conditional use permit, various additional
16 conditions could be placed upon the business. These additional conditions can include hours of
17 operation, hours of sign illumination, and lighting of the business during evening hours.
18 The proposed conditional use is one that is specifically listed in the City Code (1635.03(d),pg.
19 16-25) for the zoning district. It is an appropriate use of the property because a similar use exists
20 with the Phillips 66 service station, which is to the south of Unocal 76 on Kenzie Terrace. In
21 granting the conditional use permit, the use will not be detrimental to the health, safety or general
22 welfare of the residents or people working in the area.
23 Chair Bergstrom reiterated that Mr. Bona and his architect had met previously with the Planning
24 Commission in a work session to discuss his proposal.
25 Chair Bergstrom reported that just prior to the meeting tonight the Planning Commission was
26 presented with a petition signed by 15 people requesting that Unocal-76 remove the present
27 shrubs from the berm on 27th Avenue and replace them with Evergreens and Juniper trees
28 planted 4 or 5 feet apart. This would block out all noises made from using air guns and all other
29 noises when doors are opened during the summer and fall months.
30 Ms. Moore-Sykes presented a copy of the petition to representatives of Unocal-76.
0 Commissioner Franzese asked for clarification of condition 2 of Staff recommendation. Ms.
32 Moore-Sykes stated the condition was taken from a similar conditional use permit and would
Planning Commission Regular Meeting Minutes
• June 18, 1996
Page 3
1 allow a maximum of 10 cars to be parked on the exterior of the building at one time. The 48
2 hour restriction was meant to discourage long-term storage of vehicles on the site.
3 Mr. Dan Dege, Finn-Daniels Architects, stated Mr. Bona was comfortable with the 3 stated
4 conditions of Staff. He would propose however,that no further restrictions be placed on the
5 conditional use permit as Mr. Bona has proven himself to be a clean and good business operator.
6 He noted the neighbors were requesting landscaping along 27th Avenue to muffle the noise. He
7 stated the existing landscaping was planted by the City and was maintained by Mr. Bona. It
8 would be possible to plant additional landscaping but he would recommend Evergreens rather
9 than Juniper trees as they would be easier to maintain. He also noted Evergreens would need to
10 be spaced further than 4 to 5 feet apart or they would die out.
11 Commissioner Franzese asked the purpose of the 4 parking spaces adjacent to the easement. Mr.
12 Degeexplained the spaces would be used for short-term parking. He stated the proposed addition
13 to the service station was an improvement to the site as it would add more landscaping and
14 improve the access.
15 Ms. Moore-Sykes noted that the City did, at one time, own the property and install the
16 landscaping on 27th Avenue. That land has since been turned back over to the property owner.
Mr. Roger Bona stated he was in agreement with the suggested Evergreen plantings as they
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18 would look better and be easier to maintain. He noted however,that he had an agreement with
19 the City that they would plant the landscaping and he would maintain it. He has lived up to his
20 part of the agreement and will continue to do so by watering,trimming and making the area look
21 its best. He stated he did not feel he should have to spend an additional $1,000.00 to plant the,
22 Evergreens.
23 Chair Bergstrom asked if there were overhead wires which would interfere with Evergreen
24 plantings. Mr. Bona stated there was not.
25 Commissioner Gondorchin asked if Mr. Bona intended to change his hours of operation and if he
26 had received any comments from residents in regard to this. Mr. Bona stated he had no intention
27 of changing his hours of operation. He noted the only comment received was from a neighbor
28 who would like him to increase his hours of operation because she enjoys the activity on the
29 corner.
30 Mrs. Beverly Stafford,resident, stated she loves the service station and the idea of the
31 Evergreens. She felt that Roger does a good job and any plan he has will be an improvement.
32 Chair Bergstrom asked Mrs. Stafford to describe the noise from the service station.
0 Mrs. Stafford stated there is not enough noise. Everyone in her home loves to hear the sound of
34 an engine winding up.
Planning Commission Regular Meeting Minutes
June 18, 1996
• Page 4
1 Mr. Steve Burnt, Attorney representing Mr. Bona, stated that condition 3 had been intensely
2 discussed by the City Council in 1993. The 48 hour maximum had been dropped as some cars
3 are.parked for more than 48 hours waiting for parts. He noted there has not been a problem in
4 the past 4 years
5 Commissioner Gondorchin explained this was a mechanism to guard against abandoned vehicles
.6 or vehicles being stored to be used for their parts.
7 Mr. Burnt stated cars would not be stored on the lot to be used for their parts. There had been
8 much discussion of this issue in 1993.
9 Ms. Moore-Sykes stated this condition was also included in the conditional use permit for the
10 Phillips 66 station. She had reviewed the meeting minutes from 1993 and did not recall that this
11 condition had been dropped at that time.
J
12 Mr. John Jadinak, 2805-27th Avenue N.E., stated the neighbors had requested Evergreens be
13 planted on the berm in 1993. Instead of evergreens small shrubs were placed there. If the
14 addition is approved two big doors will face his house and there will be more noise than there is
15 now. He felt the Evergreens would block the noise and the view of cars.
Chair Bergstrom closed the public hearing at 7:27 P.M.
17 Commissioner Franzese noted that a conditional use permit goes with the property as opposed to
18 going with the owner. She asked if the City could impose other,conditions on the conditional use
19 permit if the property was sold. Ms. Moore-Sykes stated this would not be possible unless the
20 new owners came before the City Council to do something different with the property.
21 Commissioner Gondorchin suggested condition 2 be revised to disallow the storing of vehicles
22 used expressly for parts and abandoned vehicles. He also questioned if a condition should be
23 included to preclude 24 hour operation.
24 Commissioner Franzese stated she had_received a call from someone who was supportive of the
25 project but questioned the scale of the operation.
26 Motion by Gondorchin, seconded by Delmonico, to grant'the conditional use permit based on the
27 following conditions:
28 1. The parking areas must have striping for all the proposed parking spaces.
29 2. No vehicles may be stored on-site to be specifically used for the purpose of extracting
is spare parts and/or on-site long-term storage.
31 3. Change the property address to reflect business frontage on Kenzie Terrace.
Planning Commission Regular Meeting Minutes
• June 18, 1996
Page 5
1 4. Consideration of incorporating the use of Evergreen landscaping on a consensus basis of
2 the parties of Mr. Bona,the neighbors who have submitted a petition and the City of St.
3 Anthony.
4 Vote: Commissioners Bergstrom, Delmonico, Franzese, Gondorchin, and Thompson voted aye.
5 Commissioner Makowske abstained.
6 Motion carried.
7- 2. Setback Variance.Request- Parking
8 3. Setback Variance Request- Canopy
9 Chair Bergstrom opened the public hearing at 7:40 P.M.
10 Ms. Moore-Sykes reported that Mr. Bona is requesting a front yard setback variance of 32 feet in
11 order to construct a 20 x 24 foot canopy over an existing gas pump island. The proposed canopy
12 will be three feet from the property line but will be at the same height as the existing canopy and
13 like the existing canopy, will have no signage.
The architect has stated in the application letter that there is no way to expand the center gas
pump island because it is too costly. Moving the gas pump to the center location would impact
16 parking on site as well as the flow of traffic on the property. They also stated that there is a
17 public acceptance of canopies over gas pumps and without the canopy, the gas pump island is
18 viewed as obsolete.
19 In June 18, 1993, memo to City Staff, Attorney Bill Soth identified several potential hardships
20 concerning canopies. He indicated that the cost of moving pumps could be considered a hardship
21 as well as the inability to compete with other service stations should the application be rejected.
22 He said that a canopy is becoming a standard operating practice and can be considered necessary
23 due to the prevalance of self service stations.
24 This memo appears to be the basis upon which St. Anthony has granted variances for gas pump
25 .canopies. The City Council approved in the same month a variance request by Jim Sarna for the
26 Stop-N-Save at 3259 Stinson Boulevard based on Mr. Soth's information. Mr. Sarna requested
27 two 12-foot variances for the canopy that he proposed to construct because his service station is
28 situated on a corner. The southern most corner of the canopy is seven feet from the property line.
29 In October 1993, Dick Freiberg, owner of the Phillips 66 service station, requested a variance of
30 23 feet in order to construct a canopy over the gas pump island. The City Council approved this
31 variance request and allowed the construction of the canopy over the gas pump island that is
similarly situated along Kenzie Terrace. Mr. Freiberg had based his request on previous City
Council approval of variances for canopies.
Planning Commission Regular Meeting Minutes
• June 18, 1996
Page 6
1 Ms. Moore-Sykes reported Staff is recommending that the variance for the gas pump island
2 canopy as requested by Roger Bona, owner of Unocal 76 be approved. Staffs recommendation
3 is partly based upon earlier canopy variance approvals and that this request also demonstrated
4 similar hardships to those discussed by the City Attorney. These hardships include the cost of
5. moving the gas pumps, fuel storage tanks, and accessory equipment; public perception the gas
6 pumps are not working or are obsolete; and canopies are considered by the industry as standard
7 operating practice. These issues were reflected in their application letter as well.
8 Ms. Moore-Sykes reported Mr. Bona is also requesting a 10 foot variance to park in the front
9 yard parking setback along Kenzie Terrace. They are_proposing that this area be restricted to
10 temporary parking only for the purpose of parking cars scheduled for repair.
11 Mr. Bona is proposing an expansion of 5,613 square feet, that will require an additional 19
12 parking spaces. His site plan shows 21 parking spaces on site and two of these parking spaces
13 are in the front yard setback. The old meat market building will be demolished to make way for
14 a portion of the proposed on-site parking.
15 The application letter indicates that the intention is to park only to the property line, leaving the
16 remaining bituminous surface available for a sidewalk. Again,they are basing their arguement
upon the apparent precedent of the surrounding area. As Mr. Finneman states in the application
0 . letter, the area has developed a"historical dependence" on using the parking setback of their
19 property for parking and driveways.
20 The City Council has also approved a similar request for Phillips 66. At the same time that the
21 canopy variance was granted to the Phillips 66 service station, Staff also recommended that they
22 be allowed to have a variance to 0 feet for the purpose of providing limited parking to the
_ 23 property line.
24 Mr. Moore-Sykes stated Staff is recommending approval of this variance request. Due-to the
25 irregular shape of the property and the nature of their business, the applicant feels it necessary to
26 keep temporary parking on-site. They have purchased property adjacent to the Unocal 76 service
27 station which is being planned for employee and overflow parking. Only the parking on-site will
28 be used for vehicles scheduled for maintenance and repair. As the application lettter states,they
29 considered landscaping the setback, but determined that this effort would be futile because of the
30 snow, ice and salt placed there in the winter from plowing. A more appropriate use was for
31 temporary parking. They will enhance the landscaping at the front of the building to compensate
32 for the amount of parking that is necessary for the conduct of business.
33 Mr. Dan Dege Finns-Daniels Architect, explained that the landscaping on the site would be
34 enhanced as a result of the setback variance. He explained the new canopy will be small and the
height and color will match the existing canopy. There will be no signage or illumination on the
canopy.
Planning Commission Regular Meeting Minutes
• June 18, 1996
Page 7
1 Chair Bergstrom closed the public hearing at 7:49 P.M.
2 Motion-by Gondorchin, seconded by Franzese to recommend approval of the request for a front
3 yard setback variance of 32 feet for Roger Bona,Unocal 76 service station, 2812-27th Avenue
4 N.E. based on its meeting the variance criteria as follows:
5 1. Strict enforcement would cause undue hardship not created by the landowner. This is
6 demonstrated by the public demand for canopies. Also the request is not for pure
7 economic gain. Moving the gas pump would result in the configuration of the island
8 restricting traffic and causing a safety-issue.
9 2. Unique circumstances in that this is a redevelopment and expansion of an existing
10 property and the unique shape of the property.
11 3. Keeping in the spirit of the granting of previous varaince requests for properties-in the
12 area including Phillips 66 service station.-
13
tation.13
14 Motion by Gondorchin, seconded by Delmonico to recommend approval of a 10 foot variance to
15 park in the front yard setback along Kenzie Terrace as it meets the variance criteria as follows:
1. Strict enforcement would cause undue hardship not created by the landowner due to the
17 unique configuration of the property.
18 2. Unique circumstances in that this is a redevelopment and expansion of an existing
19 property.
20_ 3. Keeping in the spirit of the granting of previous variance requests for properties in the
21 area including the Phillips 66 service station.
22 Vote on the motions: Commissioners Bergstrom, Delmonico, Franzese, Gondorchin, and
23 Thompson voted aye. Commissioner Makowske abstained.
24 Motions carried.
25 VII. MISCELLANEOUS.
26 A. Concept Review of Proposed Deck and 3-Season Porch- W. Lutterman.
27 Ms. Moore-Sykes reported Staff has received an application from William and Susan Lutterman,
28 3433 Croft Drive,to construct a deck and eventually a three-season porch on their property. This
29 will require a back yard setback variance. The applicants are citing the hardship as being unable
30 to fully utilize the property because of its shape and being a corner lot. The deck and the
footings and foundation would be completed this summer. The porch would be built next
summer.
Planning Commission Regular Meeting Minutes
• June 18, 1996
Page 8
1 Commissioner Franzese asked how far the adjacent property owner was from the lot line. Ms.
2 Moore-Sykes stated she was unsure but noted Mr. Lutterman had spoken with the neighbors and
3 they have no problem with the privacy or the distance.
4 Mrs. Susan Lutterman, 3433 Croft Drive, stated she did not have the neighbor's side yard setback
5 measurements. She noted that the irons have been identified and this could be measured. She
6 stated they had talked with the neighbors and received verbal agreement in regard to the project.
7 Commissioner Gondorchin stated he liked to see projects of this kind go forward. He
8 acknowledged the odd configuration of the lot and.suggested a professional survey be obtained if
9 there was any doubt or confusion as to the actual lot line. He asked why the project would be
10 extended into the next year.
11 Mrs. Lutterman stated the reason was that it had not yet been decided if they would construct a
12 two-season porch or a three season porch.
13 There was Commission consensus to approve of the concept of the variance for William and
14 Susan Lutterman, 3433 Croft Drive.
Al. Concept Review of Rezoning Request- Krueger.
41 Ms. Moore-Sykes explained this request was for rezoning of the property to allow another family
17 to live in the lower level of the house and make the home a two-family unit. Ms. Moore-Sykes
18 noted she had informed Mr. Krueger that spot zoning is not done in St. Anthony.
19 Commissioner Gondorchin stated he was in opposition to the request. He felt that permitting
•20 residents in the City of St. Anthony to rent rooms would be detrimental to the community.
21 There was Commission consensus that this rezoning would not be beneficial to the community.,
22 is down-zoning, and may not be allowed by City Code.
23
24 C. Review of the City's LCA Housing Action Plan.
25 Ms. Moore-Sykes stated this draft would be forwarded to the Met Council following its approval
26 by the City Council on June 25, 1996. The document describes what the City can do and what
27 tools and funds to use, to attract, enhance and maintain affordable life-cycle housing in St.
28 Anthony. It includes benchmarks which the City of St. Anthony currently meets or exceeds and
29 will strive to maintain. She explained the Met Council would like the City of St. Anthony to be
30 more flexible in their land use, allow for larger homes on smaller lots and increase density
31 slightly.
32 Chair Bergstrom asked if the City of St. Anthony had internal funding sources for improvements
to residential housing. Ms. Moore-Sykes stated the City did not.
Planning Commission Regular Meeting Minutes
June 18, 1996
• Page 9
1 There was Commission consensus to encourage some internal program in the City of St.
2 Anthony, ex. low interest loans, for homeowners to utilize for improvement to existing homes.
3. The Commission also suggested the percentage of homes that are owner occupied be tracked. If
4 the percentage dropped it can be utilized as an early warning sign of a declining neighborhood.
5
6 D. Comprehensive Plan Update.
7 1. Request for Proposal -Engineering Consultant.
8 Chair Bergstrom explained this is a draft Request for Proposal for the Comprehensive Plan. He
9 noted the four points which were identified as the main focus. He stated the request would be
10 sent to six firms on July 1 st and asked Commissioners to forward the names of any other firms
11 which they would like to be invited to bid to Ms. Moore-Sykes prior to July 1 st.
12 VIII. DISCUSSION ITEMS.
13 Ms. Moore-Sykes explained she had received a call from City Attorney Bill Soth regarding the
14 proposed conditional use changes regarding the deletion of pool/billiard halls and motorcycle
15 sales as a permitted conditional use. His advice was to review and treat these uses in the same
16 fashion as adult businesses.
17 Ms. Moore-Sykes explained the new state statue which was adopted last year which sets a 60-day
limit for taking action on a rezoning or variance request. If a City does not take action within 60
days,the request is automatically approved. She explained the City can request a 60 day
20 extension with reasonable cause.
21 Ms. Moore-Sykes noted,an article which was included in the packet which showed an example of
22 St. Louis Park's Program for Beatification.
- 23_ Ms. Moore-Sykes noted a letter which was received from Cathy Sorenson, Planning Secretary,
24 expressing her appreciation of the opportunity to work with St. Anthony-Planning-Commission
25 and Staff. The Commission acknowledged the thorough job she had done on the minutes and her
26 ability to capture the essence of a meeting.
27 Ms. Moore-Sykes updated the Commission on the status of the City Hall/Community Center.
28 She reported most of the outer wall is constructed. There has been a slight problem with the clay
29 drying in some areas. The anticipated occupancy date is January 1997 and the contractor is
30 approximately 2.5 weeks behind schedule.
31 Commissioner Franzese noted an article in the Bloomington newspaper in regard to outdoor
32 storage of vehicles. She also noted an article in the Edina newspaper which compared the
33 percentage of shoppers at CUB Food Store, Rainbow Food Store,Lunds and Byerly's. She
34 noted the City of Edina Liquor Store was located in their CUB Foods Store.
• Commissioner Thompson expressed his appreciation of the new semaphore located at 39th
36 Avenue.
Planning Commission Regular Meeting Minutes
June 18, 1996
Page 1.0
1 Chair Bergstrom reported he would prepare a draft of the previous beautification discussion for
2 the City Council meeting of June 25th.
3 IX. ADJOURNMENT.
4 Motion by Makowske, seconded by Delmonico, to adjourn the meeting at 9:00 P.M.
5 Motion carried unanimously.
6 Respectfully submitted,
7 Lorri Kopischke
8 TimeSaver Off Site Secretarial
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