HomeMy WebLinkAboutPL MINUTES 10151996 Meeting Sheet
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Box: 19
Folder: PL MINUTES AND AGENDAS 1996
Document: PL MINUTES 30151996
1 CITY OF ST. ANTHONY
•2 PLANNING COMMISSION MEETING MINMS
3 OCTOBER 15, 1996
4 L CALL TO ORDER/PLEDGE OF ALLEGIANCE.
5 The meeting was called to order and the Pledge of Allegiance was led by Chair Bergstrom at 7:00
6 P.M.
7 II. ROLL CALL.
8 Commissioners present: Chair Bergstrom; Commissioners Frame, Gondorchin,Horst,
9 Makowske, and Thompson.
10 Commissioners absent: Commissioner Delmonico.
11 Also present: Kim Moore-Sykes,Management Assistant and Mike Mornson, City
12 Manager.
13 I1L APPROVAL OF OCTOBER 159 1996 PLANNING COMMISSION AGENDA.
14 Motion by Franzese, seconded by Gondorchin,to approve the Planning Commission Agenda for
15 October 15, 1996 with the following change:
16 Under Item VII. Comments. Add B. 2. b. ]:iscussion of Joint Work Session with City Council
17 Prior to October 29, 1996.
8
19 Motion carried unanimously.
20 IV. APPROVAL OF THE SEPTEMBER 1791996 PLANNING COMMISSION MEETING
21 MINUTES.
22 Motion by Gondorchin, seconded by Frames% to approve the September 17, 1996 Planning
23 Commission Meeting minutes as presented.
24 Motion carried unanimously..
25 V. DESIGNATE PLANNING CONMUSSION REPRESENTATIVE TO OCTOBER 229 1996
26 COUNCIL MEETING.
27 Commissioner Thompson was appointed as the Planning Commission representative for the
28 Tuesday, October 29, 1996, City Council meeting.
29 VL PUBLIC HEARINGS.
30 A. Rear Yard Variance Request; St Anthony Unocal Service Station_ Roger Bona. 2801
31 Kenzie Terrace, 96-17).
32 Chair Bergstrom opened the public hearing at 7:07 p.m.
33 It was noted that Commissioner Makowske would not participate in discussion or voting on this
•34 item to avoid a passible conflict of interest.
35 Ms.Kim Moore-Sykes,Management Assistant reported Roger Bona,the owner of the
36 commercial property at 2801 Kenzie Terrace, is proposing to demolish the old Johnson Meat
Planning Commission Regular Meeting Minutes
• October 15, 1996
Page 2
1 Market building that is part of his property and reconstruct a 4,000 square foot building in the
2 same footprint to house service/repair bays so that he may expand his service station business.
3 Currently, the meat market building is approximately 10 feet into the side yard setback,which for .
4 commercial properties adjacent to residential areas, is 10 feet shy of the required side yard setback
5 of 20 feet(1635.05, Subd. 7).
6 Also, because the building is in the setback,by definition of the City Ordinance(Section 1660),
7 this is a non-conforming.structure. As such the Ordinance requires the discontinuance of a non-.
8 conforming structure should there be a change to that structure.
9 Mr. Bona is proposing to reconstruct a building that will be more to his needs for his service and
10 repair business. He investigated the option of renovating the old Johnson Meat Market,but trying
11 to bring the building up to the current building code requirements was more expensive than
12 tearing down the existing building and reconstructing a more usable facility.
13 He has considered several other options,but he feels this one is more cost effective and less
14 disruptive. He was concerned that if the building became an addition to the existing service
15 station, it would restrict traffic flow and voidthe parking variances he had already secured.
6 Mr.Bona applied for and received approval in June for a conditional use permit for the expansion
17 of the building and parking variances. Mr. Bona will not require additional consideration for
18 parking with this proposal.
19 Ms.Moore-Sykes noted a memorandum which addressed the issue that this proposal was
20 different from what was being proposed at the time the public hearing notice went to the paper.
21 IVIr. Bona is proposing to demolish the meat market rather than renovate it. Upon consultation
22 with the City Attorney, he asked if anyone had called about the proposal, one way or another. To
23 date, no one has called. City Attorney advised that since no one has called,it may not be an issue
24 but if residents show up at the meeting tonight, it could be. He also suggested that Ms. Moore-
25 Sykes call Mr. Bona and inform him of the problem with the notice and let him make the decision
26 to proceed or wait. Ms.Moore-Sykes stated she had done so and Mr. Sona stated he wanted to
27 go on with the public hearing as no one from the neighborhood will object to the new plans.
28 In discussing the public notice, City Attorney also brought up the fact that this is not a rear yard
29 issue,but really a side yard issue according to the definition of a front yard in the Ordinance. He
30 was also concerned that the City is considering allowing a non-conforming structure to be
31 replaced. - - --
32 Ms. Moore-Sykes stated Staff is recommending approval of the 10 foot variance. Mr.
33 Bona has stated that this proposal allows him to continue to use his property to its best
•34 use. It will not be detrimental to surrounding properties and will contyribute to the
35 redevelopment efforts of the City.
Planning Commission Regular Meeting Minutes
• October 15, 1996
Page 3
1 Mr.Bona, owner of the property at 2801 Kenzie Terrace, stated he was present this evening to
2 introduce the builder to the Planning Commission. He stated he felt the specific pattern of the
3 development was good for his business and also for the neighborhood. He submitted a letter to
4 the Planning Commission which contained signatures of adjacent and very close neighbors in
5 support of the project.
6 Commissioner Franzese asked if there was a reason Mr. Bona'was using the same footprint for
7 rebuilding.
8 Mr. Bona stated he was dealing with an area that was illogical and hard to put to good use. The
9 positive side is the development is creating a building that will flow with Kenzie Terrace rather
10 than jut out to a point.
11 Mark Murlowske,Helair Builders, stated his company had tried to do their best for Roger Bona
12 and the City of St. Anthony. The placement of the building as it exists currently has worked well
13 for quite some time. The hardship in this development is that this is a comer lot with three street
14 frontages. He stated if the development tried to attain a 20 foot setback on the west side it would
15 interrupt the traffic flow and could cause a patential safety hazard.
06 Chair Bergstrom asked if the parking on the site will change.
- 17 Mr.Murlowske stated the parking on the site will actually improve with the new site plan. The
18 arrangement will encourage people to park on the site.
19 Chair Bergstrom asked if the resident directly to the west of the site had signed the letter Mr.
20 Bona had submitted. Mr.Bona stated he had.
21 Mr. Murlowske stated the previous proposal which attempted to save the building and rework the
22 lot attributed to the building having to be higher. The current proposal will have a larger footprint
23 and will allow the building height to be reduced from 27 feet to 16 to 18 feet. This will be better
24 for the neighborhood. .He explained the exterior.of the building will match the existing exterior
25 and will contain stucco, wood and brick.
26 Paul Archambault,2716 Pahl Avenue N.E., stated he had resided at this address for over 16 years
27 and had spoken in behalf of Mr.Bona at the time of his last renovation and addition. He stated
28 Mr. Bona is a thoughtful business owner who does a good job of addressing the aesthetics of a
29 service station so close to residents. Mr.Bona is conscientious about his business hours and does
30 not interfere with the residential area. Mr. Archambault stated he had spoken with many of the
31 neighbors in the area and they feel this is a great improvement over the old meat market building
32 the way it stands now. He commended Mr. Bona for spending private money to upgrade the
•33 corner. He felt the Planning Commission should work with Mr. Bona and allow the variance.
34 Mr. John Jadinak, 2805-27th Avenue N.E., stated he was in favor of the proposal.
Planning Commission Regular Meeting Minutes
• October 15, 1996
Page 4
1 Chair Bergstrom closed the public hearing at 7:21 P.M.
2 Commissioner Gondorchin stated he favored approval of the proposal but noted City Attorney's
3 concern of removing one non-conforming structure and replacing it with another.
4 Chair Bergstrom stated he would have concerns regarding that issue if this were an easier lot to
5 work with. In worldng with what is available, he felt this was a reasonable development for the
6 City. Under the circumstances he was inclined to support the variance.
7 Commissioner Horst stated he was concerned with the non-conforming issue. He noted however,
8 that he felt this proposal was in the spirit of redevelopment of the area and the Planning
9 Commission should find a way to grant approval.
10 Commissioner Franzese stated once the building is leveled the non-conformance will be gone.
11 The Planning Commission will then only be addressing the allowance of a new non-conforming
12 structure.
13 Chair Bergstrom reiterated that Commissioner Franzese was stating that once the non-conforming
14 structure is demolished, it will be no different than a builder requesting to build on a vacant lot
•15 within the mandated setbacks and asking for a variance to build ten feet closer to the west
16 property line than City Code allows. He stated he had read the Code several times and it is
17 difficult to interpret. He stated he understood the intent but was not certain if this decision was .
18 bound to the Code if interpreted as stated by Commissioner Franzese.
19 Motion by Gondorchin, seconded by Thompson,to recommend City Council approval of the
20 request for a 10 foot side yard.variance and a variance to continue the non-conforming use for St.
21 Anthony Unocal Service Station,Roger Bona, 2801 Kenzie Terrace as it meets the variance
22 criteria as follows:
23 1. Strict enforcement would cause undue hardship as this proposal will not alter the character
24 of the area and economic interests are evident but are not the primary consideration.
25 2. Circumstances are unique due to the configuration of the lot.
26 3. The proposal is in the spirit of revitalization and redevelopment of the City of St. Anthony.
27 4. There was no opposition form neighboring property owners but in fact there was support.
28 S. The design offers potential safety improvements for motorists.
29 6. The building will be aesthetically pleasing due to the lower profile.
30 Vote on the motion: Bergstrom,Franzese, Gondorchin, Horst, and Thompson voted aye.
31 Commissioner Makowske abstained.
•32 Motion carried.
33 Chair Bergstrom noted this issue will be considered at the October 22, 1996 City Council
34 meeting.
Planning Commission Regular Meeting Minutes
October 15, 1996
Page 5
1 B. Side Yard Variances Request-Assaad Hark 2914-36th Avenue N.E. L96-161.
2 Chair Bergstrom opened the public hearing at 7:31 P.M.
3 Ms. Moore-Sykes reported Assaad Hark, the owner of the property.at 2914-36th Avenue N.E.,
4 has submitted a request for a side yard setback variance of 7.5 feet so that he may be able to build
5 a 28 foot by 14 foot addition to the existing porch on the south side of his house. The proposed
6 addition would allow the owner to make the current porch more useable and will be in line with
7 the principle structure.
8 The required setback for this lot is 30 feet because it is adjacent to 36th Avenue N.E. and Silver
9 Lake Road. The existing home sits 30 feet from 36th Avenue N.E. but is only 15 feet from Silver
10 Lake Road. The home immediately to the north of the subject property also sits 15 feet from
1 I Silver Lake Road and the home immediately south of the subject property is 30 feet from Silver
12 Lake Road. The City Ordinance states that the structure must be 30 feet from an adjacent street.
13 The owner would like to request that the side yard have a depth equal to the greater of 30 feet or
14 a distance equal to the average of the two adjacent lots. If the average of the two adjacent lots
15 can be used to calculate the variance needed-for the construction of this addition,then the setback
16 would be 22.5 feet and Mr. Hark would need a 7.5 foot variance.
�17 The house is situated on a 10,200 square foot corner lot at 36th Avenue N.E_ and Silver Lake
18 Road. The construction of this proposed addition will not impact the lot coverage requirement.
19 Once the project is complete,the total footprint of the residence will occupy 2,167.5 square feet,
20 or 21% of the total lot square footage. The City Ordinance restricts lot coverage to 35% and Mr.
21 Hark does maintain that requirement with the proposed addition.
22 As they indicated in their letter submitted with the application,an addition to the porch would
23 give them much needed living space and allow them to better utilize their property. They have
24 contacted their immediate neighbors that would be impacted most by this addition and received
25 favorable responses from them. Staff has not received any information from anyone in the
26 neighborhood who objects to the proposed addition.
27 Ms. Moore-Sykes stated Staff is recommending approval of the variance request of 7.5 feet in
28 order to construct an addition to an existing porch, provided that the applicants complete the
29 construction within twelve months as stipulated in the City Zoning Ordinance. This addition
30 would provide more livable space for the owner and his family. The construction of the addition
31 would be such that it would not extend beyond the wall of the existing structure,it would blend
32 with the existing structures and would buffer backyard activities from Silver Lake Road_
33 The applicant has demonstrated hardships that make it difficult to improve their property without
34 a variance. This situation is unique for the following reasons:
Planning Commission Regular Meeting Minutes
• October 15, 1996
Page 6
1 1. The property has the principal residential structure already sitting in the side yard setback.
2 The principal structure was built in 1961,before the City's zoning ordinances were
3 codified.
4 2. This property is also a corner.lot, which through setbacks, limits the buildable area.
5 Chair Bergstrom asked if this property is subject to the County setback requirements. Ms.
6 Moore-Sykes stated the property is.
7 Chair Bergstrom asked if the addition would be located in the County setback if the variance was
8 - granted. City Manager Morrison stated it would not.
9 Assaad Hark, 2914-36th Avenue N.E., stated this proposal would add valuable space for his
10 family of five. He has done the construction plan and Sawhorse Builders will do the construction
11 which will be completed on time as required.
12 Commissioner Makowske stated he had briefly looked at the property and asked if the grading in
13 the backyard was different from the front.
14 Mr. Hark stated he had put a retaining wall in the setback eight feet from the property be on the
105 south side and reshaped the back yard.
16 Allen Durtsche, 2908 - 36th Avenue N.E., stated he was the neighbor directly to the west of the
17 Hark property. He felt Mr.Hark was a good neighbor and had no objection to the request being
18 granted.
19 Askok Chattopadhyay, 3602 Silver Lake Road, stated he was the neighbor two houses north of
20 the Hark property. He felt Mr. Hark was a good neighbor and had completed a lot of renovation
21 since he had moved into the home. He stated he wholeheartedly supported the granting of the
22 variance to add the new structure.
23 Chair Bergstrom closed the public hearing at 7:44 P.M.
24 Commissioner Horst stated he saw no reason not to grant the variance. The hardship presented
25 met the requirements of the statute. He stated he was in favor of the variance.
26 Commissioner Franzese stated the formula which utilized the depth equal to the average of the
27 two adjacent lots was not relevant in this request as it pertained to front yard setbacks rather than
28 side yard setbacks: The side yard setback request is for 15 feet. She stated she was concerned
29 that the addition would be too close to a County road and would actually be in the County
30 setback
•31 Chair Bergstrom noted the County setback was measured from the center line of the road rather
32 than the curb.
Planning Commission Regular Meeting Minutes
October 15, 1996
Page 7
1 Commissioner Franzese expressed concern that Hennepin County may choose to exert it's 66 foot
2 easement as Ramsey County has done in the past.
3 Commissioner Gondorchin noted that the structure would be no closer to the road than it
4 currently is. It would only be extended. He stated this was a distinguishable characteristic of the .
5 situation.
6 Commissioner Franzese stated she was concerned with the issue that the City is allowing
7 enhancement of a structure in a non-conforming area. She questioned if the City was taking on
8 any legal issues.
9 Mornson stated he did not believe the City would be taking on any legal issues. The addition will
10 be aligned with the existing structure.
I 1 Commissioner Franzese stated she had spoken with Hennepin County and they own,66 feet of
12 Silver Lake Road, 33 feet on either side of the center line.
13 Commissioner Horst stated he did not see this as a problem. He felt it would be wrong to
14 disallow this variance as this is the setback of the existing home and the same depth as many of
05 the adjacent homes.
16 Commissioner Gondorchin noted another distinguishing characteristic of this situation is that it is
17 a corner lot.
18 Motion by Makowske, seconded by Horst,to recommend approval of a 15 foot side yard setback
19 variance in order to construct an addition to an existing porch for Assaad Hark,2914-36th
20 Avenue N.E. provided that the applicants complete the construction within twelve months as
21 stipulated in the City Zoning Ordinance and as it meets the variance criteria as follows:
22 1. The applicant has demonstrated hardships that make it difficult to improve their property
23 without a variance.
24 2. This proposal is in the spirit of improving lots in the City of St. Anthony.
25 3. The addition will be in alignment,with the existing structure and,will blend with the
26 existing structures.
27 4. The property is unique as it is a corner lot which limits the buildable area.
29 5. The codification of the City's Zoning Ordinance caused the problem on the lot.
29 6. The property has the principled residential structure already located in the side yard
30 setback prior to this addition.
31 7. No opposition was voiced by the neighbors.
32 Vote on the motion: Bergstrom, Gondorchin,Horst,Makowske, and Thompson voted aye.
33 CommLas over Franzese voted nay.
34 Motion carried.
Planning Commission Regular Meeting Minutes
October 15, 1996
Page 8
1 Chair Bergstrom noted this issue will be considered at the October 22, 1996 City Council
2 meeting.
3 VM CONaVIENTS.
4 A. Commissioners,
5 Commissioner Thompson noted the CUB Foods project and the new City Hall/Community Center
6 looked great. He also complimented the article by Roger Larson in the bulletin last week.
7 Commissioner Makowske reported he and Commissioner Franzese had been re-elected to the
8 Board of Directors of the St. Anthony City Orchestra. They have been charged to bring the
9 concerns of the Orchestra to the Comprehensive Planning process.
10 Commissioner Franzese stated she was concerned that the Hark side yard setback variance was in
11 violation of a State Law which regulated non-conforming structures. Mornson stated he believed
12 this was a local issue but Staff would investigate.
13 B. Staff.
14 1. November Public Hearings.
al5 a. Conditional Use Permit-VFW Post.
16 Ms: Moore-Sykes reported the VFW Post of Minneapolis has approached the City,with a
17 request to purchase the old Pizza Hut building and set up their Post in that site. The Post
1$ would allow members only and include charitable gambling and on sale 3.2 beer. They
19 have not yet submitted an application.
20 Mornson stated there were no plans for on-sale liquor on the north end of the City of St.
21 Anthony and he felt the property would be better utilized for retail.
22 b. Amendment to the Zoning Ordinance-Shopping Centers.
23 Ms.Moore-Sykes reported this amendment would alleviate some of the problems
24 experienced with the addition to the Tires Plus Store. It would help other facilities who
25 want to develop but not in the main structure of the mall.
26 Chair Bergstrom asked if ultimate development of Apache Plaza would be one single
27 building in the middle of the site or a series of free-standing structures.
28 Morrison stated that had not yet been determined. He noted the amendment would allow
29 the City to waive the setback requirements of the interior lot he if they so chose.
30
31 2. Joint Meeting with the City Council, October 29, 1996
1032 a. Comprehensive Plan Update.
33 b. Discussion of Joint Work Session with City Council Prior to October 29,
34 1996.
Planning Commission Regular Meeting Minutes
• October 15, 1996
Page 9
1 Commissioner Makowske stated that after the discussion at the previous Planning
2 Commission meeting,he was under the impression that the Planning Commission and the
3 City Council would hold a joint work session prior to the meeting on October 29, 1996,to
4 get a better sense of what they would want included in the Update before being influenced
5 by BRW, Inc.
6 Commissioner Horst stated he also assumed there would be a joint meeting to discuss the
7 physical aspect of what the City would desire upon completion of the process.
8 . Ms. Moore-Sykes stated-she had checked the references of Suzanne Rhees, and without
9 fail, everyone had stated she was a good listener who incorporated the ideas, concerns,
10 and wants of the City into the final document_
11 Mornson noted an agenda for the October 29, 1996 joint meeting was included in the
12 packet this evening. He felt all these issues would be addressed in Item 2. Overview of the
13 Plan, of the agenda. He reported George Wagner and Jerry Faust had been appointed to
14 serve on the Committee for the Update. He noted it was yet to be determined who else
15 would be included on the Committee.�,He suggested this be discussed October 29 after
16 BRW, Inc. is finished.
•17 Ms.Moore-Sykes noted she had distributed a list of date of expiration of term of the.
18 Commissioners..James Gondorchin and Richard Horst's terms,expire on December 31,.
19 1996. An article was placed in the St. Anthony newsletter advertising the fart that these
20 terms were expiring and encouraging interested parties to contact City Manager. If the.
21 Commissioners are interested in serving another term,they are required to reapply to City
22 Manager in writing prior to December IS, 1996-
23 IX. ADJOURNNMNT.
.24 Motion by Horst, seconded by Makowske,to adjourn the meeting at 8:30 P.M_
25 Motion carried unanimously.
26 Respectfully submitted,
27 Lorri Kopischke
28 TimeSaver Off Site Secretarial