Loading...
HomeMy WebLinkAboutPL MINUTES 10191999 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 100796 Box: 19 Folder: PL MINUTES AND AGENDAS 1999 Document: PL MINUTES 10191999 i CITY OF ST. ANTHONY 2 PLANNING COMMISSION MEETING i OCTOBER 19, 1999 4 I. CALL TO ORDERIPLEDGE OF ALLEGIANCE. 5 The meeting was called to order at 7:00 p.m., followed by the Pledge of Allegiance led by Chair 6 Bergstrom. 7 H. ROLL CALL. 8 Present: Chair,Bergstrom; Commissioners Tillman, Hanson, Melsha, Horst, 9 Hatch, and Stille. 10 Commissioners absent: None. 11 Also present: Kim Moore-Sykes, Management Assistant. 12 III. APPROVAL OF OCTOBER 19,1999 PLANNING COMMISSION MEETING AGENDA. 13 Motion by Commissioner Horst,second by Commissioner Hanson,to approve the October 19, 1999 14 Planning Commission Meeting Agenda with the following change: 15 VIII. COMMENTS. 16 A. Staff 17 B. Commissioners 18 40 Motion carried unanimously. 20 IV. APPROVAL OF SEPTEMBER 21,1999 PLANNING COMMISSION MEETING MINUTES. 21 Motion by Chair Bergstrom, second by Commissioner Horst, to approve the September 21, 1999 22 Planning Commission Meeting Minutes with the following clarifications: 23 Page 4, Line 25, replace "bleachers" with "holding ponds" 24 Page 4, Line 4, add "Horst" 25 Motion carried unanimously. 26 27 V. DESIGNATION OF PLANNING COMMISSION REPRESENTATIVE TO THE OCTOBER 28 26, 1999 CITY COUNCIL MEETING. 29 Commissioner Horst agreed to attend the October 26, 1999 City Council Meeting. 30 VI. PUBLIC HEARING. None. 31 VII. OTHER BUSINESS. 32 A. Concept Review. 33 1. Variance to Lot Coverage for John and Nadine Kittelson, 3549 Stinson 46 Boulevard. 2. Garage Setback Permit for John and Nadine Kittelson, 3549 Stinson Boulevard. 36 Planning Commission Meeting Minutes October 19, 1999 Page 2 1 Chair Bergstrom requested a report from City Staff. Ms. Kim Moore-Sykes, Management 2 Assistant, reviewed for the Commission that Mr. and Mrs. Kittelson had submitted an application 3 for a lot coverage variance as well as a garage setback permit in order to build a two-car garage 4 on the site of the currently existing single-car garage. Ms. Moore-Sykes stated that the lot is 5 quite narrow and long, and was platted and the structures built in 1951, twenty years before the 6 zoning code was in effect. 7 Ms. Moore-Sykes further stated that the current lot coverage on the Kittleson's property is ap- 8 proximately 38%, and with the proposed plans, lot coverage would be approximately 40.7%. 9 However, it appeared from the plans that a portion of the proposed garage would be positioned 10 on an area that was originally calculated as part of the driveway, thus slightly reducing the lot 11 coverage percentage further. 12 Chair Bergstrom introduced Mr. and Mrs. Kittelson and invited them to address the Commission. 13 Mr. Kittelson stated that his intention is to build a two-car garage to replace the single-car garage 14 currently in disrepair. Mr. Kittelson acknowledged that the single-car garage was built many 15 years ago and is unsound. Mr. Kittelson said he had already made some improvements to the 16 home and would appreciate the opportunity to further improve the home with a two-car garage. He is intending to blacktop the gravel driveway. 18 The Commission had discussion over whether a gravel surface would be considered an 19 impervious surface. 20 Mrs. Kittelson offered that their driveway by itself takes up approximately 23% of the allowed 21 lot coverage due to the length. 22 Bergstrom remarked that a primary concern of the Commission is the ability to encourage im- 23 provements of property, yet be sensitive to the City's ongoing effort to guard against additional 24 impervious surfaces that could contribute to flooding issues. Bergstrom continued by saying that 25 certain thresholds for hardship must be met in order for variances to be granted. Bergstrom in- 26 quired if the plans indicated a possibility of moving the garage forward. 27 Horst responded that he believes there is merit to the hardship issue on this property because the 28 lot is deep and narrow and could not be put to a reasonable use without a structurally sound ga- 29 rage. Horst felt that the plans depicted the most viable option for the construction of a two-car 30 garage. He continued by stating that the proposed garage is an excellent means in which to im- 31 prove the property. Horst believed that the Commission should consider the plans and weigh'the 32 needs of the City and the citizens. He suggested that the Commission consider implementing 33 some overall changes in the rules for, particularly, the smaller lots in the City that were grand fathered in prior to the Code. Horst recommended that the Commission endeavor to arrive at a 0 solution for Mr. and Mrs. Kittelson and, in essence, set a standard for any future requests from 36 citizens of a similar nature. Planning Commission Meeting Minutes • October 19, 1999 Page 3 1 Hanson asked Mr. and Mrs. Kittelson if they had built the shed on the property. Mr. Kittelson 2 said that the shed was located on the property when the home was purchased, but that the shed 3 would be torn down once the new garage was built. 4 Tillman confirmed that she had visited the property and that the existing garage was in disrepair. 5 Horst reiterated that he believed that the Planning Commission should review the issue of imper- 6 vious surfaces and how the City perceives such surfaces. In other words, the Commission should 7 review the rules and regulations governing construction of a deck and other surfaces in the City, 8 and issue some possible recommendations to the City Council for changes totheexisting Code. 9 Tillman suggested the possibility of implementing changes for smaller lots in the City. 10 Hanson inquired about the need for a garage setback. Bergstrom clarified that the current garage 11 is nonconforming with the Code relating to setback space, and any replacement structure must be 12 built per the existing Code standards, or obtain a variance. 13 Hanson requested clarification of the difference between Mr. and Mrs. Kittelson's request for a 14 variance, and the prior request of Mr. and Mrs. Doolan for a variance to construct decking. 15 Ms. Moore-Sykes responded that the difference is that Mr. and Mrs. Kittelson are requesting Y P Q g 16 permission to construct a two-car garage and there is evidence of a hardship involved. Also,the 17 City supports the use of garages so that vehicles and lawn equipment could be stored inside 18 rather than outside on the property. This also supports the City's code enforcement policy that 19 strives to keep properties looking neat and well kept. 20 Horst mentioned that the Planning Commission is continuing to search for a solution that would 21 assist Mr. and Mrs. Doolan with their plans for decking. 22 Horst recommended that the Commission research the background of reasoning behind the 35% 23 lot coverage limitation and the manner in which other cities handle similar situations. Horst be- 24 lieved that additional situations would arise in the future regarding lot coverage issues and he 25 would suggest resolving some of these issues before that time. 26 Stille directed the Commission's attention to Mr. and Mrs. Kittelson's sketch of proposed plans. 27 He commented on the location of the driveway in relation to the flower bed. Stille inquired 28 about the possibility of the driveway being more narrowly paved, thus slightly alleviating the 29 impervious surface issue. Mr. Kittelson agreed that suggestion would be a possible compromise 30 and discussed options regarding planting additional vegetation. Horst inquired about the surface of the neighbor's driveway. Mr. Kittelson responded that the 02 neighbor's driveway is concrete and the home has an attached single-car garage. Planning Commission Meeting Minutes • October 19, 1999 Page 4 1 Melsha was concerned about power or telephone lines in the back of the property, which would 2 interfere with trucks accessing the property for construction of the new garage. Mr. Kittelson 3 stated that he is not aware of any such lines that would cause interference. 4 Bergstrom believed the Kittelsons' optimal course of action would be to consider the Commis- 5 sion's suggestions and concerns regarding the plans, and to return to the Commission with a site 6 plan. 7 Mr. Kittelson confirmed that he would consult with Ms. Moore-Sykes in developing a site plan 8 to present to the Commission at the November 16, 1999 meeting. Bergstrom explained that the 9 Commission would vote on the plan based on the depiction submitted at that meeting. 10 Bergstrom thanked Mr. and Mrs. Kittelson for presenting a concept review and appearing before 11 the Commission. 12 B. Dick Krier: Follow-Up Report for St. Anthony ShoppingCenter. 13 Bergstrom welcomed Mr. Dick Krier and invited him to address the Commission. Mr. Krier began by stating that, nine months ago, the project for revitalizing St. Anthony Shop- 15 ping Center began from the vision adopted by the Planning Commission and the City Council. 16 The plan had been reviewed and revised several times and a final plan was adopted. Mr. Krier 17 reviewed that a primary condition of the project was a central green space, but other suggestions 18 included a bus stop and community space. 19 As a result, an illustrative development plan was prepared, and Mr. Krier distributed a copy of 20 the plan to the Commission for review. Mr. Krier pointed the Commission's attention to the 21 large common green area, bus stop area, and entrances to the Center. Mr. Krier said the project 22 is progressing as planned and discussions have been continuing with the developer for a 23 commitment regarding an indoor community space. Mr. Krier affirmed that the developers have 24 been cooperative in working within the City's vision for the property, and that construction is 25 planned to begin in Spring 2000. 26 Mr. Krier suggested that the Commission consider the possibility of office space for the Center. 27 He stated that office buildings are generally beneficial in a community, but could be of particular 28 interest to St. Anthony due to the limited amount of current office space. 29 Hanson requested an update about a meeting Mr. Krier attended last week regarding the St. 30 Anthony Shopping Center. Mr. Krier said that there have been a series of meetings and the pre- 31 sented illustrative plan is the result of those meetings. 0 Hanson inquired about the funding for the green space of the Center. Mr. Krier said that funding 33 has been acquired, but elaborated that some of the Tax Increment Financing (TIF) funds will be 34 used as well as some funding from the developer. Planning Commission Meeting Minutes • October 19, 1999 Page 5 1 Mr. Krier additionally reviewed the illustrative plan, pointing out specific businesses, parking, 2 and reviewing the original intention of the plan. He stated that negotiations are developing to 3 ensure that the City will, at some point, own and maintain the green space. 4 Mr. Krier stated that the project is proceeding favorably as a result of the Planning Commission's 5 and City Council's definitive vision for the project, as well as the developer's cooperation and 6 diligence. 7 Horst stated he is impressed with the project and the dedication and good intentions of all parties 8 involved. 9 Mr. Krier stated that the Commission did not need to take further action regarding the St. 10 Anthony Shopping Center Project at this time. Mr. Krier stated it was his intention to update the 11 Commission and to present the illustrative drawing at the meeting. 12 Tillman inquired about the possibility of filling the empty retail spots in the Center. Mr. Krier 13 responded that he was not involved in those negotiations, but he understood that options are 014 being considered to make the Center economically viable. 15 Hatch inquired about a line south of the Dai Queen on the illustrative . Mr. Krier re- drawin q Dairy Q g 16 sponded that it is a pedestrian connector, and further elaborated that the plans depict that a pond, 17 trees and green space are being utilized to add ambiance to the community space. 18 The primary function of the pond, Mr. Krier said, is to create an interesting atmosphere for the 19 area. However, Mr. Krier stated that decorative ponds are not designed for holding storm water 20 and thus would not contribute towards the City's flood protection. 21 Stille inquired if the Dairy Queen owners had been approached about possible options for the 22 business in light of the revitalized Center. Horst responded that he had spoken with the Dairy 23 Queen owner about expanding into a Dairy Queen Brazier., but it had been determined that the 24 franchise fees would significantly increase and thus, that option was currently not being consid- 25 ered. 26 Bergstrom inquired if whether the City should pursue developers in relation to the office space 27 issue. Mr. Krier responded that his plan would be to provide various developers with the illustra- 28 tive plan and request feedback about possible avenues for that project. 29 Bergstrom thanked Mr. Krier for addressing the Commission and for the opportunity to work 30 with him on the St. Anthony Shopping Center project. C. Fire Chief. Code Enforcement Report. 32 Presentation of the,Code Enforcement Report was continued until the November 16, 1999 Plan- 33 ning Commission meeting. Planning Commission Meeting Minutes October 19, 1999 Page 6 l VIII. COMMENTS. 2 A. Staff. 3 Chair Bergstrom requested a report from Ms. Moore-Sykes regarding the Salvation Army prop- . 4 erty. Ms. Moore-Sykes reported that it would appear that the Heart of the Earth School has 5 closed the real estate transaction with the Salvation Army for the purchase of property. She fur- 6 ther stated that City Manager Michael Mornson had requested the Planning Commission 7 examine recommendations for zoning of the property. In other words, if the Commission wished 8 to implement different zoning requirements for the property,then a moratorium issue would need 9 to be discussed. On the other hand, if the property's zoning stayed the same, then the 10 moratorium could be lifted. 11 Horst thought that the Heart of the Earth School was an excellent candidate as the purchaser be- 12 cause the School wished to retain the property as the Salvation Army did. Horst believed that the 13 moratorium could be lifted, that the City could feel blessed that the Heart of the Earth School had 14 purchased the property, and that the City could expect the School to operate efficiently. 15 Horst further stated that issues would likely arise with relation to construction of the property and 16 he encouraged the Commission to be involved in the negotiations and to cooperate as much as possible with the.School. 18 Hatch believed that there would be many possible options regarding that property for the Heart. 19 of the Earth School, and he would encourage the School to approach the Commission with 20 concept reviews for the future. Ms. Moore-Sykes stated that the School has been amenable to 21 working with the City in the past and felt that the School would continue the courtesy of ongoing 22 discussions with the City. 23 Bergstrom felt that rezoning was not necessary at this point, but is hopeful that the Commission 24 can be involved with the Heart of the Earth School as plans are developed. Bergstrom suggested 25 a cooperative arrangement between the School and the City to encourage public accessibility to 26 the property. Ms. Moore-Sykes clarified that an Ad Hoc Committee had been established with 27 the City and School District and she felt confident that dialogue would continue between the 28 entities. 29 Hanson reiterated the concept of a reciprocal agreement between Heart of the Earth School and 30 the City for use of facilities. Ms. Moore-Sykes stated that she believed there had been 31 discussions along that line of thinking. 32 Tillman wished clarification that the Heart of the Earth School is nota residential school. Ms. 33 Moore-Sykes stated that she presumed that the School was strictly a daytime school; however, she was not certain. Ms. Moore-Sykes clarified the City's Code in stating that, under "recrea- tional open space," schools are an allowable structure. However, habitable structures are not al- 36 lowed under recreational open space. Planning Commission Meeting Minutes October 19, 1999 Page 7 1 Bergstrom would encourage open dialogue between the Ad Hoc Committee and the Heart of the 2 Earth representatives. Horst reiterated his earlier statement that the zoning should remain the 3 same and he would encourage continued dialogue with the School's representatives as well. 4 On another issue, Ms. Moore-Sykes directed the Commission's attention to her letter dated 5 October 8, 1999 to Exhaust Pros outlining the noncompliance of the Conditional Use Permit. 6 The letter provides 30 days in which for Exhaust Pros to respond, which would be November 8, 7 1999. 8 Ms. Moore-Sykes drew attention to her letter dated October 6, 1999 to Mr. and Mrs. Doolan in 9 connection with their prior request for a lot coverage variance in which to construct decking. In 10 her letter, Ms. Moore-Sykes had requested a meeting with Mr. and Mrs. Doolan to discuss op- 11 tions for the plans,but the Doolans had not responded. 12 Tillman offered that she had visited Mr. and Mrs. Doolan after the September 28, 1999 City 13 Council meeting in which the plans for decking were denied. Tillman had mentioned to the 14 Doolans at that time that City Staff would assist in finding alternatives for the plans. 0 Ms. Moore-Sykes stated that she planned to poll other cities to understand different procedures 16 for issues of decking or impervious surfaces. 17 Ms. Moore-Sykes referred to a list she presented setting forth the current terms of the Planning 18 Commissioners. The terms of Kim Tillman and Dick Horst will expire at the end of 1999.. Con- 19 sequently, Ms. Moore-Sykes stated that a letter of interest directed to the City Manager by 20 November 24, 1999 would be necessary to continue with the position. She further stated that the 21. City's newsletter and the local newspaper,the Bulletin, would be mentioning the possible vacan- 22 cies. 23 B. Commissioners. 24 Hanson reported that, in order to consider the possibility of modifying the Code, it would be 25 beneficial to determine the number of City lots that are nonconforming under the current Code. 26 Ms. Moore-Sykes responded that, approximately four years ago, the lot coverage restriction was 27 changed to 35%. At that time, she had researched other cities' procedures on lot coverage, and 28- found that most use setback restrictions as opposed to lot coverage restrictions. 29 Hanson inquired if the Commission was reflecting the City's intentions on lot coverage restric- 30 tions, or if the restrictions were being enforced beyond the original intentions. Ms. Moore-Sykes responded that impervious surfaces and water flow have been a concern for the it City as a matter of policy. She further stated that the City is extremely sensitive at this point 33 about creating any additional impervious surfaces, at least until the storm water improvements 34 are completed and the City's water issues can be re-evaluated. Planning Commission Meeting Minutes October 19, 1999 Page 8 1 In light of the discussions and concern over the lot coverage restrictions and impervious surfaces, 2 Bergstrom asked for a volunteer from the Commission to research this issue. This research 3 would involve reviewing the restrictions and ordinances, discussing options with the building 4 inspector, and coordinating the effort with Ms. Moore-Sykes. A discussion would be presented 5 to the Commission with respect to a possible modification of the City's Code. Tillman 6 volunteered for the project. 7 Horst stated he felt it was unfair to continue to deny residents the opportunity to construct deck- 8 ing because so many of the homes in St. Anthony would benefit from the improvements. 9 Horst reported that he had been campaigning for the mayoral election. He commented that he 10 had attended the City Council meeting on October 19, 1999 in which it was mentioned that Ms. 11 Moore-Sykes had been named "Outstanding Assistant City Manager" for 1997. He wished to 12 commend her for that award, as well as wish her luck in her bid for a City Council seat in the 13 City of New Brighton. 14 Bergstrom reported that he agreed in the concept of reviewing the City's ordinances regarding lot 15 coverage restrictions; however, he felt that the decking issue should be disconnected from the lot 10 coverage issues, at least for the meantime. Bergstrom again thanked Tillman for volunteering for 17 the research project of City ordinances relating to lot coverage and impervious surfaces. 18 Bergstrom mentioned that he had discovered that, within 1,000 feet of Silver Lake,there is a 19 DNR lakeshore district which sets state maximums for impervious surface coverage. Bergstrom 20 is curious to investigate the City's lot coverage numbers against the DNR maximums. 21 Hatch reported on his concern regarding Mr. Kittelson's earlier remark that his basement flooded 22 during heavy rains. Hatch expressed reservations about adding additional impervious surfaces to 23 his property when flooding was already an issue. 24 Hatch asked if the City had obtained GIS information. Bergstrom offered that the GIS informa- 25 tion was provided to the City on a floppy disk when the City's Comprehensive Plan was com- 26 pleted,but that the information needed to be converted to the computer system the City is utiliz- 27 ing. Bergstrom suggested that Hatch work in conjunction with Ms. Moore-Sykes about the pos- 28 sibility of converting the GIS information to the City's computer system. 29 Bergstrom reviewed with Ms. Moore=Sykes about the prior suggestion of the Commission to 30 post the City's minutes of meetings onto the web site. Ms. Moore-Sykes responded there is a 31 capital equipment plan for the City and that a scanner and various other computer pieces are 32 scheduled to be purchased for the year 2000, which would allow for the possibility of posting the 33 City's minutes onto the web site. 04 Stille reported that he had viewed several cars showing "for sale" signs that were parked near or 35 on the Exhaust Pros parking lot. He questioned the feasibility of the cars being parked there and 36 the compliance with the Conditional Use Permit. Planning Commission Meeting Minutes October 19, 1999 Page 9 1 2 Ms. Moore-Sykes responded that she had spoken with Chief Johnson, who is in charge of Condi- 3 tional Use Permit violations. Chief Johnson had discovered through talking with the person who 4 runs Exhaust Pros, that residents seems to be utilizing the open space by the business as a used 5 car lot. .Admittedly, some of the cars on the lot were accounted for by Exhaust Pros, but the 6 majority of the cars parked on the lot were unknown. 7 Hanson mentioned that he had noticed in the City Council meeting minutes that it was suggested 8 that the Planning Commission tour the City to review existing Conditional Use Permits (CUP). 9 Bergstrom mentioned he would be agreeable to reviewing CUPs, but particularly as a group. 10 Bergstrom suggested the tour be taken after Chief Johnson's Code Enforcement Report is 11 received. The report is scheduled for the next Planning Commission meeting on November 16, 12 1999. 13 Horst remarked he would disagree with efforts to establish the Commission as an enforcer of 14 Conditional Use Permits. Bergstrom responded that he believed the intent was simply to 15 establish an opportunity to review existing CUPS and to determine if there were common themes 0of noncompliance that could be addressed. 17 Bergstrom stated that violations should be routed to City Staff. Horst stated he was amendable to 18 approaching violations in respectful manner, such as reporting violations as they are noticed or 19 complained about, as opposed to directly searching for violations within individual businesses. 20 Ms. Moore-Sykes clarified that, in her discussions with Chief Johnson, it was discovered that he 21 had not been supplied with copies of Conditional Use Permit violations and was occasionally not 22 aware of existing problems. Ms. Moore-Sykes stated that City Staff and Chief Johnson would be 23 working more closely together in staying updated on Conditional Use Permit violations. 24 Bergstrom mirrored Horst's comments and cautioned the Commission to refrain from targeting 25 specific properties for Conditional Use Permit violations,but rather to route any complaints or 26 issues through City Staff. 27 Tillman thought that taking a group tour of the City would be beneficial simply to view the busi- 28 ness that have Conditional Use Permits, and not necessarily to target businesses that are in viola- 29 tion of the permits. 30 Bergstrom polled the Commissioners about possible days of the week to arrange for a tour of the 31 City. It was determined that a Saturday morning would be an optimal time; however, Bergstrom agreed to continue work on a date and time conducive to all parties. Planning Commission Meeting Minutes October 19, 1999 Page 10 t IX. ADJOURNMENT. 2 Motion by Commissioner Horst, second by Commissioner Melsha, to adjourn the meeting at 3 8:45 p.m. 4 Motion carried unanimously. 5 Respectfully submitted, 6 Sue Selseth 7 TimeSaver Off Site Secretarial, Inc.