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HomeMy WebLinkAboutPL PACKET 09201983 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 100391 Box: 15 Folder: PL PACKETS 1983 Document: PL PACKET 09201983 3 s a :1 d CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA September 20 , 1983 7: 30 P.M. Y 'J 1. Call to Order: 2 . Roll Call . 3. Minutes . a. Planning Commission - August 16 , 1933 . R b . Proposed Amendments to August 16 , 1983 Planning Commission Minutes . 4 . Designate Commission Representative to the Council Meeting on September 27, 1983. • 5 . Public Hearings . Y a. 7: 35 P.M. - Evertz variance petition for a building addition. 6 . Old Business . Y a. Twin City Federal Sign Variance. i s 7. New Business . a. Arkell Development 'request for Amendment to Kenzie Terrace Phase 1 Detailed P.U.D. Plan. 8. Miscellaneous . 9 . Adjournment. L; :a r { i CITY OF ST. ANTHONY PLANNING COMMISSION MINUTES August 16 , 1983 The meeting was called to order by. Chair _Makowske at 7: 35 P .M. Present for roll call : Zawislak, - Bowerman, Makowske, Bjorklund, Wagner, and Jones . Absent: Franzese. Also present: David Childs , City Manager; and Jerry Gilligan, Acting City Attorney . An omission in the July 19th minutes was corrected as. follows : Page 1, para. 2 : Add Commissioner Jones ' name to those in attendance . Motion by. Commissioner Bowerman and seconded by Commissioner Jones to approve as amended the minutes of the Planning Commission meeting held July 19 , 1983. Motion carried unanimously . Mr. Gilligan, who was sitting in for William Soth, was introduced to • the Commissioners . The Commission will be represented by Chair Makowske at the next Council meeting , August 23rd. At 7: 36 P .M. , the public hearing on the Elmwood Lutheran Church con- ditional use permit request was continued with approximately 20 interested persons in attendance. Dick Jones , 5157 - 6th Street N.E. , who said he was representing the church as a trustee, read his prepared statement reporting on the meeting August 4th between church officials and six neighbors to the south of the church property at which five alternatives to the proposal submitted July 19th were explored. In his statement, Mr. Jones cited the various reasons the building committee had for not constructing the addition in any other way than they had originally proposed, including the architect' s advice that several suggestions might be structurally unsound and the fact that with a,ll other alternate plans the additional restrooms and kitchen expansion would not provide the seating in the sanctuary would be reduced from the number proposed with the addition of a fellowship hall . Mr. Jones further contended that when the building permit for the existing building was issued in 1964 , tacit approval was given for the proposal as presented July 19th as well as for the future construction of a new sanctuary when the congregation can afford it. Mr. Jones reported -the -architect- could not be present that evening because he was on vacation. and would probably not be back before the • August 23rd Council meeting. He added that the minutes of the meeting July 20, 1964 at which the Council had approved the building permit for the existing building -had. been found in the City files , but the -2- Planning Commission' s recommendation fo: such action seemed to be missing. He presented a print of the of -ginal site plans which had been drawn up June 7, 1963, which he indicated was fifteen months before the home at 3501 - 36_th Street N.E. and 18 months prior to the construction of the Esau home at 3505 - 36th Avenue N.E. to the south of the church property. Commissioner Jones indicated he had visited the site and disagreed that the structure would only be the height of a two story house, saying Mr. Esau would actually be facing a building which is 34 feet higher than his property because of the higher elevation of the church site. The church trustee agreed .there was a variation in the height of the bank at the south end of the lot and later indicated that though the total elevation of the church addition would be 24 . 8 feet, with the existing grade, the building would actually be an additional six feet higher for the Antczak property and between seven or eight feet higher than the Esau home . Commissioner Bowerman questioned the implication that the 1964 Council had given complete approval to all the plans presented to them at that time , believing they would not have approved any future plans without having detailed site plans for those improvements . He also asked whether the architect had taken core testings on which he had based his advice that the existing footings might not be adequate to support a second floor to which Mr . Jones responded that no such testings had been taken to date but that alternate would still not be • acceptable to the building committee because with it the larger kitchen, narthex and restrooms the congregation needs would not be provided. Reverend Joseph Ol Valtinson, Jr. , 5215 Pierce Street N.E. , pastor of the Elmwood church, indicated he perceives his church provides a service to the community having a food shelf which provides for those who need help in the area and a licensed psychologist who ministers to City residents as well as parishioners of the church . Because no agreement was reached at the August 4th meeting, Pastor Valtinson said he was appealing to the Planning Commission to settle the dif- ferences fairly. He mentioned that in his own case, his view of the whole City of Minneapolis was obstructed when his neighbor built his home and another neighbor had sued that neighbor for the same reason. He also cited what he perceives would be a similar incident in Edina, where a fast growing church enlarged its parking lot over the objections of the neighbors and provided enough plantings to provide a buffer which made the expansion less objectionable . The minister indicated he didn' t believe the size of the addition would be much wider than a normal home with an attached garage. Commissioner Bjorklund indicated his experience with estimating church property had caused him to expect the cost of the proposed addition would-be closer to $300, 000 than the $150 ,000 reported by Mr. Jones in his statement since at $150,000 the church would only be paying $20 . 23 per square foot, .-a completely unrealistic figure with today 's • construction -costs. Reverend Valtinson indicated the cost estimate had come from a contractor -who was willing to let church members do the finishing work. The minister assured the Commissioner that the -3- building constructed with donated labor would meet all state and city codes and standards . Commissioner Bjorklund then questioned whether the same method of calculation had been applied to reach the $750 ,000 cost estimated for the future sanctuary addition on the north which he said he would expect would cost $101 per foot for the same size addition as on the south. Mr. Jones told him he was also surprised when the architect had quoted those figures to him, but believed the difference could be accounted for because the two additions would not be alike at all since the addition on the south would resemble a single family con- struction and on the other hand, the sanctuary would require laminated beams , stained glass windows and a lot more brick and stone work. - The $750 , 000 represented a finished, much larger addition, where the contractor' s estimate for the current proposal, which the architect had said could- run between $200 , 000 and $225-,000 , but not $300 , 000 , represented the builder' s costs for roughing the structure in and permitting the church members to do all the painting and tile instal- lation. He added that the church could not afford the more expensive addition at this time. An Elmwood deacon, Martin Gavin, 141 Hartman Circle ,. cited the fact that the church had traded the property where the Esau home is now f,or the property to the north with the Billman Construction Company and perceived this proposal as a continuation of the "give and take" process . He said he is a plumbing inspector for the City of Minneapolis and would supply much of the plumbing labor and materials and another church member who is a builder has indicated he would provide the materials at cost. Mr . Gavin therefore indicated he believed a cost of between $150, 000 and $200 , 000 would not be :unrealistic for the southern expansion. In response to the claim that the properties to the south of the church would be harmed by the addition, Mr. Gavin said those homes already have a buffer of a large cottonwood tree and two evergreens to shield their view, as illustrated in the pictures taken by another parishioner , Dennis Olson, 3117 Rankin Road, which were passed around for the Commission and staff to see . The plumbing inspector also stated all water and sewer service was in the south end of the building and it would be very expensive to build the kitchen or restrooms on the north side. When Commissioner Bjorklund inquired why the church didn' t just add more church services as other Lutheran churches do, if they are needed, Mr. Gavin told him the Elmwood church philosophy is family oriented and the Sunday school classes are held so the children and parents can attend the church services as a family. He said there would be another service added this month to follow the Sunday school which would give the families a choice of services to attend, but, adding another .service would not solve the -lack of class space. The deacon admitted that up to .three years ago, there had been only 20 - 30 Elmwood parishioners attending regularly, but said that number- had - --- grown to over 350 , plus children, a figure the pastor corrected to "closer to 200" . Mr. Olson indicated he was one of the first members of the congregation and said; "The Lord answered our prayers for more members abundantly by providing more than we would handle" in the existing facility . -4- The minister told the Chair he was certain the building committee • would be amenable to providing opaque windows for the Sunday school rooms because that would prevent the children from being distracted during class . Commissioner Bowerman indicated he was having trouble making a decision on the proposal without seeing what actual elevations, exterior finish and roof line would be provided. Mr. Jones said he was sorry he had not brought the elevation drawings which he had presented at the July 19th meeting .back to this hearing , but ass.ured the Commis- sioner that the building would be designed to match the fascia and roof line of the existing building as closely as possible. The elevation of the building above grade, he said, would be 2.4 feet 8 inches. Gundrun Hodenfield, 1401 Mooney Drive;. Mary Jane Johnson, 3132 Silver Lake Road; and Paul Stewart, 3085 Old Highway 8, indicated they would be in favor of granting the permit but chose not to speak further to the issue at that time . Donald Esau, 3505 - 36th Avenue N.E. , read his prepared statement in which he reiterated his own and his neighbors ' objections to the construction of the addition on the south side of the existing build- ing and requested the City not compound what he perceives to be the original error in permitting the church to construct the existing building perpendicular to the adjoining homes on the south and only 15 feet from the lot line on that side at the same time the elevations of the church property were elevated approximately eight feet above the residential lots adjacent to it. He contended the proponents could not accurately indicate on the application form that the proposed addition would not be "detrimental to the health , safety , and general welfare" of at least two of the neighbors since he believes both he and the Antczaks would suffer decreased property values as a result of the addition and a personal loss to his family of the benefits of the new family room and deck he had added to the back of his home not fore- seeing an addition would be made to the existing church building . Mr . Esau then indicated he saw no relevance in the tradeoff of property 20 years ago to the current proposal and told the Commission members . he has always considered the cottonwood tree on the church property to be a real nuisance and had intended asking that it be cut down. Commissioner Bowerman told Mr. Esau having homes in the City built perpendicular to each other and with less than 15 foot side yards is not unusual at all and the church could have built within five feet of the lot line under the City ordinance. He said his home on Croft Drive in which he lived for 15 years was only 7� feet from the lot line and his neighbors back yard was also perpendicular to his . Mr. Esau still -insisted the back yard setback requirement should have been applied in a case like this . Erling Weiberg, 3409 - 36th Avenue N.E. , read the written statement from Larry and Sandy., Antczak, who live directly south of the church at 3501 - 36th Avenue N.E. , who were away on vacation, in which they • reiterated the objection they had made during the July 19th hearing to the expansion which, in their .view, was "too large and too close to single family dwellings; could only intensify the water runoff problems r -5- they experience now, and would lower the market value of their home . " They also raised the question of. whether the addition might cut off the access to their property for emergency vehicles and power company service for the transformer in their back yard. Mr. Weiberg then told the Commission members he had served as spokes- person for the six affected property owners along 36th Avenue at the meeting with the church officials and had been requested to present a petition, signed by 23 of his neighbors , representing 13 households on 36th Avenue and Wendhurst, against the addition which they perceive would be "injurious to property values of the existing homes" and requesting an environmental study, including the potential for water runoff damage and possible hazard of cutting off utility and Fire. Department access to their homes , before final approval of any build- ing plan is given. In responseto the latter, Commissioner Zawislak said he imagined NSP would follow their usual procedure of moving a transformer when access becomes difficult. Raul F . Cifuentes , who indicated he had moved to his home ' at 3413 36th Avenue N.E. in June of this year, asked why he had not been . notified about the two hearings on this proposal. He was told the tax rolls which list the previous owner had been used for the mailing of notices and that person had apparently not returned the letter to him. Mr. Cifuentes indicated he believed the proposed addition would be a problem for all the residents on 36th with the increase of cars and noise on the property and said he would never have purchased the home if the realtor had told--h-im---about the proposed-expansion. He-- added that right now he has trouble listening to his own music on Sunday mornings because of the organ music coming from the church. His final point was his personal opinion that churches like Elmwood and St. Charles should not be spending money on expansions when there are so many people , dying of starvation all over the world. Commissioner Jones noted the proposed expansion would add 75 feet to the existing 60 foot church wall , resulting in a 135 foot long building for the neighbors to look at. He explored several other ways of preventing this , but Mr. Gavin told him the proposed plan was the only one the architect considered would be considered economically feasible for the additional room the church needs with the existing sewer and water service . When asked whether the architect would be available to answer the questions more specifically at the Council meeting, Mr. Jones said that person would not be able to attend that meeting either. The meeting was closed at 9 : 05 P.M. , for Commission discussion and action. Mr. Gilligan indicated he would not .be too concerned with any tentative expansion plans developed for the church in 1963 since he perceives the Council in 1964 _only -approved-the building plans for---the existing . structure and not these plans . He told the Chair the City would not be • bound by any implied approval of the expansion in view of the passage of 20 years and changes in the neighborhood makeup since that time . He confirmed that a conditional use permit is only good for one year, if the approved .use is not constructed. -6- Chair Makowske then stated that *she perceives the question before the Commission should be whether or not the proposal meets all three con- ditions which Minnesota and City ordinances require must be satisfied before a conditional use permit can be authorized. There was a general consensus that the first and third questions could be answered af- firmatively by the applicants but there was a strong indication that the neighbors perceived some injury with the development of the proposal as requested. Commissioner Zawislak indicated he did not believe the proposed height of the addition would be out of line with those of other dwellings in the City residential districts . Commissioner Bjorklund suggested that if a poll were taken of those who were present in the room at that moment or to the zoning map on the wall, it would be apparent that almost 90 percent of the homes have much more than 40 feet of backyard for recreational ,' etc. purposes. He, therefore , said he believed the norm in this regard had been violated with this application and told Commissioner .Zawislak a 38 foot high building is the same as a three story building. Commissioner Bowerman indicated that, although he understood the congregation' s hesitancy .to expend money on a more specific plan at this stage, he was still concerned that the Commission was. forced to make a decision on what he perceives to be a very nebulous plan without positive site plans and no firm commitment about the landscaping, drainage , actual height of the addition, etc . for the proposal . Chair Makowske agreed, saying she would also like to see the window treatment which would provide privacy for the neighbors since there is a great deal of difference between having a family living next door and having a whole congregation viewing your backyard. Commissioner Bjorklund said he agreed with the neighbors that there had not been a true cost analysis made for siting the addition else- where on the property and made the following motion: Motion by Commissioner Bjorklund and seconded by Chair Makowske to recommend Council denial of the conditional use permit which would allow the Elmwood Lutheran Church to add on to the existing church structure at 3615 Chelmsford Road, finding that the second require- ment in the application that "The proposed conditional use will not be detrimental to the health, safety , or general welfare of persons residing or working in the vicinity or injurious to property values or improvements in the vicinity" could not be answered affirmatively for the following reasons : (1) Property values for at least two of the adjacent properties to the south could be adversely affected. (2) Plenty of available land now exists on the church site to accom- modate an addition which would provide all the current needs of the church without adversely. affecting the neighbors . • 1 -7- (3) The 20 year old site plans which were considered by another Planning Commission are now invalidated because of the change in the development of the adjacent neighborhood and the fact that they addressed the existing building and not this proposal . (4) Estimated building costs given by the property owner did .not _ fairly provide the Planning Commission with the ability of com- paring costs of alternate development construction. (5) Plumbing service advantages to proposed construction might also benefit an addition on the existing north side of the building. (6) Incomplete site plans addressing landscaping, exterior, and window finishing, drainage or building elevations were not available. (7) Noise encroachment would very probably result for the adjoining neighbors . (8) Major neighborhood and resident opposition was presented during the two hearings on the proposal , including a. petition with 23 signatures , representing 13 homes in the same area. (9) The proposal appears to violate the community norm set for rear- yard enjoyment in a single family neighborhood by reduction in size , view, and general amenities . The motion recommending Council denial of the Elmwood request passed unanimously . Mr. Childs was requested to let the Council members know that the Commission perceives this proposal because of the unique topography of the land, etc. , would require a personal inspection of the subject site by them. The meeting was recessed at 9 : 45 P .M. and reconvened at 9 :50 P.M. , for the public hearing on the petition for a sign variance which would allow for a sign to be placed on both sides of the existing pylon sign located_ at 2620 Highway 88, to identify the LaPepiniere Montessori School and Day Care Center. The Chair read the notice of the hearing which had been mailed to .all adjacent property owners within 350 feet of the subject site and published August 4th in the Bulletin. No one present reported failure to receive the notice or objected to its content. Marsh Everson, 6515 Barrie Road, Edina, president of the Montessori center, was present to answer- questions about why he believed his business , more than the existing merchants' in the same shopping center , would require a lighted pylon sign to identify his facility , .especially since such signage is permitted under the existing Sign Ordinance for only gas service stations and large.,..shopping centers . He was. told that the existing "Bank" psign .was grandfathered into -the new ordinance for .,the. bank- which had 'left- the premises in March and that 'the only reason -the sign was still up .was that the .ordinance does not require it be removed -until one year' after': the departure of the business it identified. He was also informed that the new ordinance also permits monument type signs only in industrial districts-. and .none would be permitted in a commercial district. -8- When -asked 8-Whenasked what hardship he believes he would experience if the ordin- ance were adhered to, Mr. Everson responded that he had noticed trees had obstructed the view of his building as he approached the center from the industrial park to the east and several of the tradesmen who had remodeled the building for the school had reported they had a, hard -time finding the school in its new location. He told Com- missioner Jones the center cares for children from as far away as Columbia Heights and Roseville and some sort of identification is necessary to aid those who bring them to school to find the school. He also indicated the signage is necessary to identify the school to potential students . However, he admitted that most of the children are not really drop ins , . but are required to attend the school for at least from six to eight hours a week. The center president said his wife had signed the petition for the variance and would have copies of the signage which they might request if they were not permitted to utilize the existing sign. He then showed the Commission members pictures of a similar sign a competitor in the Southdale Shopping Center. When Commissioner Bjorklund indicated he perceived other merchants in the same center, operate successfully without this type of signage, . Mr. Everson questioned the term "successfully" . Chair Makowske noted that this would be a lighted sign and told Mr . Everson other schools in the area have indicated no need for this type of signage to attract potential students who should have no trouble finding the school in that large shopping center . • Commissioners Zawislak and Jones both perceived that the playground outside the building along side Highway 88 should serve as an immediate identification of the activity carried on within the building . Commissioners Bowerman and Wagner indicated they didn ' t deny the center needed some identification, but doubted the school ' s situation was so much more unique than the other businesses in the same center that it required as much signage as was requested . Commissioner Jones agreed, saying he could see no reason why a shcool should require more identification than a commercial store since "you don' t pick a school in impulse as you do a pair of shoes" . At 10 : 10 P.M. , the hearing was closed at which time Commissioner Bjorklund revealed that he has on occasion worked for Mr. Everson and Commissioner Zawislak indicated his daughter was employed by the center, which they perceived could appear to present a possible con- flict of interest for them both . Motion by Commissioner Bowerman and seconded by Commissioner Wagner to recommend Council denial of the petition for a variance to the Sign Ordinance which would permit the LaPepinier Montessori School and Day Care Center to be identified by substituting the two sided sign they propose for the existing "Bank" sign on the fifteen foot pylon sign • in front of the building they rent at 2620 Highway 88 , *finding that : 9- (1) It has not been demonstrated that there is a particular hardship which would result for the applicant if the strict letter of the City regulations regarding signage were adhered to. (2) The applicant has ample liberty under the existing sign ordinance to advertise his business .on the exterior of his establishment the same -as other businesses in the same center. (3) The existing non-conforming "Bank" sign was grandfathered in with the new sign ordinance and was particular and relative only to that business which has since vacated the premises and there would appear to be no justification for continuing the use of the pylon sign for various and sundry other purposes . (4) Under the existing sign ordinance the applicant has ample liberty to advertise the business on the exterior of the establishment without using a pylon sign for that purpose. (5) The City sign ordinance only permits lighted pylon signs of this type for identifying large shopping centers and gas service stations and it appears a poor precedent might be set for similar requests if this sign were permitted as proposed. Voting on the motion: Aye: Bowerman, Wagner, Makowske, and Jones . Abstention: Bjorklund and Zawislak. Motion to recommend denial passed. Mr. Everson then announced that he would like to withdraw the request before it went to the Council and would prefer to return to the Com- mission with a different proposal for signage on the building itself. Commissioner Bjorklund then reported he had found the doors to the Parkview Center .had been locked for sometime during the last portion of the evening and since this was the third time this had happened to his knowledge, requested staff to contact those responsible . At 10 : 20 P.M. , the Chair opened the hearing to consider the petition for a sign variance which would allow for an additional building sign to identify the Zantigo Mexican Restaurant at 3704 Silver Lake Road from the west side of the Apache complex. Chair Makowske read the notice which had been mailed to all adjacent property owners within 350 feet of the subject site and published in the August 4, 1983 Bulletin. ' No one present reported failure to receive the notice or objected to its content. Mr. Childs confirmed the required -notice .distance^would not extend to the -r-es-idents on 37th. Avenue: N.E., or : to' the Standard Station owner .just south of the restaurant. The- Manager confirmed :that before . the new Sign Ordinance had been adopted. there would have been no need for Zantigo to get approval of a second sign on the building. -10- Appearing for the restaurant was K. C. George who had addressed all three conditions and given in his August 3rd letter all the reasons he perceives the request would meet al-1 three conditions set for granting such a variance , which the Chair indicated she had found most helpful. She also reported noticing that the lights on the existing signs were turned off each evening as agreed to and reported discussing the additional signage with Art Thompson who lives on 37th Avenue N.E. and would be viewing the sign from his picture window and who had indicated he would have no problem with the proposal . Commissioner Zawislak said he was gratified to find a businessman who has the foresight not to use all his permitted signage up before he knows for certain just what additional identification he needs . It was agreed that this property could be considered unique because it can be reached from two main thoroughfares and because it repre- sents an impulse buying type of business , additional signage was necessary to identify the restaurant to potential customers coming into the complex from the west to Country Store . i The hearing was closed at 10 : 30 P.M. Motion by Commissioner Bjorklund and seconded by Commissioner Zawislak to recommend the Council grant the variance to the City Sign Ordinance for the additional signage as presented on Exhibit "Z" in the agenda parcel for the Zantigo Restaurant at 3704 Silver Lake Road, finding that: (1) Granting the variance would not be detrimental or injurious to other property in the same area because the restaurant is located in a commercial shopping complex and there are great distances between it and the closest residential property which could be adversely affected. (2) It would be a hardship for the restaurant if the petition for the variance were denied because of the shape of the building and its location on a small site within the confines of a large shopping center with two street frontages and accesses , and most importantly,, three access directions from the west, south and east. ( 3) The conditions upon which the application is based are unique to this parcel of land because of the large exposure of the property -to the west where the primary traffic is generated from the east and south , making signage uniquely difficult on this particular building and property . (4) The total signage for the existing signs on the- building as well as the requested sign would be less than' the permitted square footage for this building and in other respects this property had been developed. in accordance with all City and state codes and standards. (5) No one spoke in opposition to the request during the hearing . -11- Motion carried unanimously. Mr. George indicated he would be unable to attend the Council meeting August 23rd, but would see to it that someone was present to represent the restaurant. At 10 : 45 P.M. , the public hearing was opened to consider the petition for a variance to the sign ordinance which would permit the existing free standing, non-conforming sign which identifies Twin City Federal Savings and Loan office at 3899 Silver Lake Road to be raised 2 feet 2 inches to accommodate. additional wording which would inform TCF customers of the location and existence of a 24 hour teller machine within the building. The notice of the hearing, which had been mailed to all adjacent property owners within 350 feet of the bank, had been published in the August 4th issue of the Bulletin, was read by the Chair . No one present reported failure to receive the notice or objected to its content. Because two of the questions on the petition form which are required to be answered affirmatively had been answered in the negative and the application had not been signed, Commissioner Jones questioned whether the applicants should not be given the opportunity of indicat- ing whether or not they fully understood the questions . The Chair and Commissioner Bowerman indicated, since this sign was already non- .—conforming .because such- free—s.tanding ..signs are,-not- ,permitted- in - commercial districts , they would not want to make the sign larger than it already was and would like to take the action necessary to prevent that this same evening. However, they agreed to accept the testimony of the only person present to speak to the issue . Kenneth Lee , 3904 Penrod Lane , indicated he had always liked the sign and if it were raised, he would be able to see the time and temperature from his window more easily . The hearing was closed at 10 : 50 P .M. Commissioner Bjorklund indicated he was concerned that because he does work for TCF on occasion, it might appear he could have a conflict of interest in voting on the matter. However, because he opposed tabling the matter, he indicated he would vote on that motion , if it were made. Motion by Commissioner Bowerman and seconded by Commissioner Wagner. to table the .decision on the additional signage for Twin City Federal. Voting on the motion: Aye: Bowerman, Wagner, and Zawislak. Nay : , Jones , Bjorklund, and Makowske. . Motion to table not carried: . r -12- Motion by Chair Makowske and seconded by Commissioner Jones to recommend Council denial of the request for more signage for the Twin City Federal Savings and Loan office .at 3899 Silver Lake Road for the following reasons : (1) Questions 1 and 3 in the petition for the variance dated August 4 , . 1983, were not answered affirmatively as required by Minnesota statutes and City ordinances. (2) The -Commission does not want to add more spare footage to a sign which is already non-conforming to the City Sign Ordinance. (3) Although the existing sign could be perceived to be a public service, the addition could be considered to be a nuisance. (4) There was no signature on the petition and no one appeared to speak for the petition during the public hearing. Voting on the motion: Aye: Makowske, Jones , Bowerman, Wagner, and Zawislak. Abstention: Bjorklund. Motion to recommend denial carried. Chair Makowske reported receiving inquiries about the Good Luck Cafe proposal and was 'told the proponents had requested the matter be laid over at the last Council meeting. She then told the Commission members le that Commissioner Franzese was unable to attend the meeting thatevening because she was attending a planning seminar which she would be reporting at the next meeting. Motion by Commissioner Zawislak and seconded by Commissioner Bowerman to adjourn at 11 :00 P.M. Motion carried unanimously. • PROPOSED AMENDME14TS TO AUGUST 16 , 1983 PLA14NING COMMISSION MINUTES Page 1, para. 5 : Lines 8 through 12 should be rewritten to read as follows : "These included the architect' s advice that several of the neighbors ' suggestions might be structurally unsound and the fact that none of the alternate plans would provide the desired restrooms , kitchen expansion, or additional seating in the existing sanctuary if the fellowship hall were added as proposed by the church. Mr. Jones . . . . " . Page 6 , para. 3: Insert "reference made" between "or" and "to" in Line 2 . Page 7, para. 2 : Insert as the second paragraph, "Mr. Jones indicated he had been told the plans and sketches he had brought with him July 19th would be sufficient for this stage in the development and Commissioner Bowerman indicated he had not gotten that impression from Mr. Childs ' August 12th memorandum. Pr. Childs responded that the information referred to in the August 12th memo consisted of maps and data requested from the applicant by the Commission at their July 19th Commission meeting, which had not been received as of that time. Page 8. para. 8 : Insert ".has" as the first word in Line 5 . Page 12 , para. 1 : Correct spelling of "square" in (2) . t CITY OF ST. ANTHONY RE UEST FOR PLANNING COMMISSION ACTION Date Submitted Type of Action Requested Agenda-1-tem Number b ` September 16 19°3 Concept Review i " X Formal Action/Motion Zoning Ordinance Var i a- Date Action Title t i ons-a ' Requested Informational Other Variance Request (Evertz) l September 20, 1953 File No. 08-83 9 ------------------------------------------------------------------------ TO: St. Anthony Planning Commission y FROM: David M. Childs , City Manager ------------------------------ ------------------ _ - ----- ------- SUMMARY DISCUSSION OF SUBJECT: This is a request from Donald R. and Betty Lou P Evertz for a variance to allowconstruction of a 10' X 10' addition to the west side of their home at 2901 St. Anthony Boulevard. The zoning ordinance requires a 30' front and 30' sideyard setback and although staff does not have precise measurements based on a boundary survey , it appears that the existing garage is 27' from the property line and the proposed addition would be 22 ' from the property line. The applicant states that a hardship exists with respect to this property. It may be difficult to show that special circumstances exist with respect to the property but , on the other hand, staff can see no problems related to granting the variance , such as sight visibility, overcrowding on the lot or objections from the neighbors. RECOMMENDATION: ATTACHMENTS : X Plan X Application Form �- Mailing List �- Letters of Support/Objection X Notice of Hearing CITX MANAGER'S REEV�IIEW: COMMENTS : uaLe Fee : .e c R- . . . . . . . . . $15 .00 Other. . . . . . . $25 .00) CITY OF ST. ANTHONY PETITION FOR VARIANCE Applicant: Dt�NA} D R *- RFT'tyLD L' 43, E V FX i Z Phone : -7,Y-?- 7&1 ? Address: . c( 0 1 .ST A7J TNO NY VD Status ,of applicant (owner, buyer, renter, agent , etc. ) : Ctk)NF..Q Legal description of property petitioned for variance: 441 S.. 67 Street address: f q•0 / ST 14N'TN0N Zoning district in which property is^ Alocated : R- Request: Cc �t2il'u ,��� cL /C I C GL2 -r :, � -e c"Y1 6V�.-$6,4- Minnesota Statutes and City ordinances require that the following condi- tions must be satisfied affirmatively . If the answer to a statement is Yes , please explain , using additional sheets . Yes No • 1 . Because of the particular physical surroundings , shape , or topographical conditions of the parcel of land involved, -the proposed variance would re- lieve an undue hardship, as distinguished from a mere inconvenience should the applicable ordin- ance be strictly enforced . >C 2 . The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land , but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. jC 3 . The alleged difficulty or hardship is caused by City ordinance and has not been created by any persons presently having an interest in. the parcel of ' land. X Pursuant. to Section 15 , Subd. 5 , of the City of St. Anthony Zoning Ordin- ance, a- variance shall not be granted for any use not permitted in the zone .in. which a 'particular parcel, lies . • _ Signature of Applicant' f)5? / ? AU 23 8 0 A 1 5.0 OCK `J t-ha�Pl i rant) ' Our plan is to build a 10' R 10' addition to our home on the West side facing Coolidge Street N.E. We are on a corner lot facing St. Anthony Boulevard and the side of our house is on Coolidge Street. This addition would be to our dinging room and would allow us to seat a .full dining table instead of seating the grown ups in the dinng room and the kids in the kitchen the way we do now. The addition would be in confoffiity -to the present structure; finished instone and bricks and would create a small court yard area which would be enclosed by a wrought .iron fence and gate. As we understand-it; the reason for set backs from the street is to allow. an unobstructed "sight-line" along the-front of -all- structures on a given street. In our instance, however, the street curves .in such a manner that there really is no "sight-line". In any event, 'our proposed addition wouldbe exactly equal to our attached garage, so there would,be no further protrusion into this "sight-line". Accordingly, we request approval of a variance so we may begin construction around October 15, 1983. • CITY OF S.T. ANTHONY NOTICE F HEARING VARIANCE PETITION TO WHOM IT MAY CONCERN: Notice is- hereby given- that there will be. a public hearing by the. Planning Commission of the City of St. Anthony on Tuesday , September 20 ,;, 1983, at 7: 35 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner) ' for the purpose: Consideration of a petition for a variance from the City Zoning Ordinance in regard to building setback lines . The petition was filed -in regard to that property de- scribed as Lot 15 and part of Lot 14 , Block 1, Murray Heights Addition (2901 St. Anthony Boulevard) . Granting of the variance would allow construction of a 10 foot • X 10 foot addition on the west side of the existing structure on that site. Anyone wishing to be heard with reference to the above matter shall be heard at said time and place . David P4. Childs City Manager Publish : St. Anthony Bulletin , September 15 , 19.83. • Pp„vA7 ` SNE DR)VFW,4,r V AONTION FOR ��LUSrR,4rlV� EX(LTi NU Z.21905f.�r4 .�Iv� CA/ � MAILING LIST - 2901 St. Anthony Boulevard August , 1983 John Jedinak John F. Sosniecki John W. Hommel or Occupant or Occupant or' Occupant 2823 Silver Lake Road 2815 Silver Lake Road 2813 Silver Lake Road Minneapolis , MN . 55418 Minneapolis, Mtl 55418. Minneapolis, PRN 55418 Raymond J. Kimblin C. G. Mirocha Stanley D. Kasal or Occupant or Occupant or Occupant 2809 Silver Lake . Road 2805 Silver Lake Road.' . 2801 Silver Lake Road Minneapolis , MN 55418 Minneapolis, MN 55418 Minneapolis, MN 55418 Joe P. Byrd D.. Peter Snustad Douglas A. Hall or Occupant or Occupant - or Occupant 2832. Silver Lake Road 2824 Silver Lake Road 2820 Silver Lake Road Minneapolis, MN 55418 Minneapolis , M14 55418 Minneapolis, MN 55418 Eldridge E. Audette James G. Parish - Peter W. Hoehnen or Occupant or Occupant or Occupant 2816 Silver Lake Road 2812 Silver Lake Road 2808 Silver Lake Road Minneapolis , PiN 55418 Minneapolis , M17 55418 Minneapolis , MIN 55418 Dennis Cavanaugh Margaret Andrychowicz Gerald J. L'Herault �Occupant. or Occupant --or-Occupant 9 St. Anthony Blvd. 2809 Coolidge Street 28.13 Coolidge Street Minneapolis , MN 55418 Minneapolis-, MN 55418 Minneapolis , MN 55418 H. E. Victor Joseph P. Litecky Allen R. Kremer or Occupant or Occupant or Occupant 2817 Coolidge Street 2825 Coolidge Street 2829 Coolidge Street Minneapolis , MN 55418 Minneapolis, MN 55418 Minneapolis , MN 55418 Joseph Betker Dorothy C. Gilbertson Ronald I-i. Yates or Occupant or Occupant or Occupant 2833 Coolidge Street 2828 Coolidge Street 2816 Coolidge Street Minneapolis , MN 55418 Minneapolis , MN 55418 Minneapolis, MN 55418 John Zubrzycki Clifford E. Sage Jerome E. Hanson or Occupant or Occupant or Occupant 2808 Murray Avenue 2804 Murray Avenue 2800 Murray Avenue Minneapolis, MN 55418 Minneapolis, MN 55418 Minneapolis , MN 55418 Raymond. Haik R. A. Knox P. H. ticMahon 2901' Silver Lake Court or Occupant or Occupant Mi -+MN. 55421 -2809 St. Anthony Blvd. ; 2817 St. Anthony Blvd. Minneapolis, M14 55418 Minneapolis , 11N 55418 MAILING LIST - 2901 St. Anthony Boulevard .(continued) Martha C. Peterson Judith A. Lindsey Margaret E. Lundeen or Occupant or Occupant or Occupant 2816 St. Anthohy .Blvd. 2812 St. Anthony. Blvd. 2808 St. Anthony Blvd. Minneapolis , 14N 55418 Minneapolis ,-'fIN 55418 Minneapolis , MN 55418 Mrs . Ida Pfau George 'Lepsch F9erle C. Mitchell . or Occupant. - or Occupant or Occupant 2716 St. Anthony, Blvd. 2713 Pahl Avenue 2801 Pahl Avenue Minneapolis , - MN 55.418 tiinneapolis , MN 55418 Minneapolis, MN ' 55418 Preston P. Williams Gerard E. Kelly Virgil I.I. Larson or Occupant - or Occupant or Occupant 2805 Pahl Avenue 2809 Pahl Avenue 2813 Pahl Avenue Minneapolis, tuv 55418 Minneapolis , MN 55418 Minneapolis , MN 55418 Elko Perchyshyn - Lawrence E. Osborne Harvey Charbonneau/ or Occupant or . Occupant Soo Kon Cha - 2817 Pahl Avenue 2900 St. Anthony Blvd. 2905 Kenzie Terrace - Minneapolis , MN 55418 Minneapolis, MN 55418 Minneapolis, M14 55418 Alois R. Schmid or Occupant • 2800 St. Anthony Blvd. Minneapolis , MN 55418 V 1 CITY OF ST. ANTHONY i REQUEST-FOR-PLANNING-COMMISSION-ACTION Date Submitted Type of Action Requested Agenda Item Number September 16, 1983 Concept Review Old. Business-a Date Action X Formal Action/Motion Title Requested Informational Other TCF Sign Variance Request September 20, 1983 File No. 07-83 ------------------------------------------------------------------------ TO: St. Anthony Planning Commission i , FROM: David Childs, City Manager 'r ------------------L---------------------------------------------------- SUMMARY DISCUSSION OF SUBJECT: The City Counci1 tabled this request, which you previously recommended e enied, to allow the applicant to appear before the Commission. (See attached City Council minutes for their discussions and delibera- tions. ) ALTERNATIVES : Recommend approval , modification or denial to the Council . RECOWIENDAT IDN: Per Commission. ATTACHMENTS: X - Plan X Application Form Mailing List �- Letters of Support/Objection Notice of Hearing CI MANAGER'S REVIEW:' COMMENTS: ' e -11- . Motion carried unanimously. Mr. George indicated he would. be unable to attend the Council meeting August 23rd, but would see to it that someone was present to represent the restaurant. At 10 : 45 P.M. , .the public hearing was opened to. consider the petition for a variance .to the sign ordinance which would permit .the existing free .standing, non-conforming. sign -which identifies Twin City Federal_ Savings and Loan office at 3899 Silver Lake Road to be- raised 2 feet 2 inches to accommodateadditional wording which would inform TCF customers of the location and existence of a 24- hour _teller machine within the building. The notice of the hearing, which had been mailed to all adjacent property owners within 350 feet of the bank, had been .published in the August 4th•� issue of the Eulletin'; was read by the Chair . No one present reported failure to receive the notice or objected to its content . Because two of the questions on the petition form which are required to be answered affirmatively had been answered in the negative and the application had not been signed, Commissioner Jones questioned whether the applicants should not be given the opportunity of indicat- ing whether or not they fully understood the questions . The Chair and Commissioner Bowerman indicated, since this sign was already non- conforming because such free standing signs are not permitted in commercial districts , they would not want to make the sign larger than it already was and would like to take the action necessary to prevent that this same evening. However, they agreed to accept the testimony of the only person present to speak to the issue . Kenneth Lee , 3904 Penrod Lane , indicated he had always liked the sign and if it were raised, he would be able to see the time and temperature from his window more easily . The hearing was closed at 10 : 50 P .m. Commissioner Bjorklund indicated he was concerned that because he does work for TCF on occasion, it might appear he could have a conflict of interest in voting on the matter. However , because he opposed tabling the matter, he indicated he would vote on that motion , if it were made. Motion by Commissioner Bowerman and seconded by Commissioner Wagner to .table the decision. onthe additional signage for Twin- City Federal. Voting on the .motion: Aye; Bowerman., : Wagner, and Zawislak. Nay Jones, Bjorklund, and Makowske. ��• Motion to table not carried. . / V ♦'... -12- a Motion by Chair Makowske and seconded by Commissioner Jones to recommend Council denial of the request for more signage for the Twin City Federal Savings and Loan office "at 3899 Silver Lake Road for the following reasons: . . - (1) Questions 1 and 3 in the'-petition for the variance dated August 4 , 1983, were not answered affirmatively as required by Minnesota statutesand- City ordinances. ' (2) The Commission does- not want to add more spare footage to a sign which. is already non-conforming to the City Sign Ordinance. ( 3) Although the':existing -:sig.n could be perceived to. be a public- service, the addition could be 'considered to be a nuisance. (4) There was no signature on the petition and no one appeared to speak for .the petition during the public hearing. Voting on the motion: Aye : 14akowske, Jones , Bowerman, Wagner, and Zawislak. Abstention : Bjorklund. Motion to recommend denial carried . Chair Makowske reported receiving inquiries about the Good Luck Cafe proposal and was told the proponent's had requested the matter be laid ) . over at the last Council meeting . She then told the Commission member that Commissioner Franzese was unable to attend the meeting that evening because she was attending a planning seminar which she would be reporting at the next meeting . Motion by Commissioner Zawislak and seconded by Commissioner Bowerman to adjourn at 11 : 00 P .14. Motion carried unanimously. i a3 -2- She read the motion recommending .Coun cil: approval of the variance to the City Sign Ordinance which would permit the - additional wall sign- . age requested for ;.the west side of .,the . Zantigo Restaurant- at 'Apache • Plaza Shopping .Center. - There was..no one present .to speak either -for or against the request and the Council indicated -its concurrence as follows : Motion by Councilman Letourneau .and seconded by Councilman .Marks. to grant a variance to the. City Sign Ordinance regulation (which permits only one sign on a. commercial building). for the wall. sign on the west side of the Zantigo Restaurant at- 3704 Silver Lake Road, as presented on Exhibit "Z" , finding, as did the Planning Commission, that: (1) -Granting the variance would not be detrimental or injurious 'to other property in the same area because the restaurant is located in a commercial shopping center complex and there are great distances between it and the closest residential property which could, be adversely affected. (2) It would be a hardship for the restaurant owners if the petition for the variance were denied because of the. shape of, the building and its location on a small site within the confines of a large shopping center, with two street frontages and accesses , and, most importantly , three entrances from the west, south, and east. (3) The conditions upon which the application was based are unique to this particular parcel of land because of the large exposure • of the property to the west, where the primary traffic is generat( from the east and south, making signage uniquely difficult for for this building and property. (4) The total signage for the existing signs on the building , as well as the requested sign , would be less than the permitted square footage for this building, and, in other respects, this property had been developed in accordance with all City and state codes and standards . (5) No one spoke in opposition to the request, either during the Planning Commission hearing , August 16 , 1983 , or the Council meeting held August 23rd. Motion carried unanimously . 6 Chair Makowske then reported the .justifications the Commission had cited for recommending the .additional lettering on the existing .TCF illuminated pylon sign -at- 3899 .Silver Lake . Road not be granted. ' e Dave. Shannon of American Sign and Indicator Corporation, 18725 Minne- tonka Boulevard, was present and apologized for not attending. the August .1.6th hearing and for. misunderstanding the "double negative" he perceives in the questions on the variance petition which should have been answered in the affirmative. He indicated TCF officials believe • they need to inform their own customers as well as those - from other t financial institutions that a 24 hour teller machine had been installeL for their convenience in the bank building. The sign company repre- sentative said he doesn' t believe the 13 additional square feet of -3- lettering which the bank is requesting would add significantly to either the size or scope of the existing sign and..•.it: was his con- • tention that the :new- message .could•-also .be .considered a public. service . Mayor Sundland recalled how hard it had been to get the plans for the bank approved originally, especially for the sign which:-was noncon- forming even at that time, and, based on the information which had ..been made available to the Planning Commission, .indicated he concurred with their recommendation for denial . He said he perceives there should be another means available to the bank to let the public know the cash card machines are in the building, without increasing what is already a non-conforming sign. Councilman Marks remembered that both the proposed size and height of the sign had been cut down and the panel which depected an eagle, the TCF symbol at that time , had been eliminated in the same sign area where the additional lettering is now requested. Mr. Shannon reiterated the same arguments which had been presented when the sign was first proposed, that the existing sign, in terms of overall size , is one of the smallest of 57 identifying signs TCF has in the metro- politan area and that the bank considers it very important to have uniformity of their sign message. When asked, Mrs . Makowske indicated she perceives a personal appearance by the proponents before the Commission might have been helpful and the Mayor suggested to Mr. Shannon that, if he thought he might have additional information which would help his cause, it might be • beneficial for him to attend the next Commission meeting to see if he could persuade the Commission members to modify their opposition somewhat. The Manager confirmed that the Sign Ordinance permits no monument signs in a commercial area such as the bank ' s in St. Anthony but the bank is permitted 150 total square footage on the building itself . Motion by Councilman Enrooth and seconded by Councilman Marks to table action on the TCF request for additional signage at 3899 Silver Lake Road pending the appearance of the sign company .representative. before the Planning Commission at their next meeting. Motion carried unanimously. Chair Makowske indicated she appreciated the Council' s concurrence with Commission recommendations regarding the last two signs and hoped they would also find a basis for agreeing with them on the Elmwood Lutheran Church addition request. She read the Commission motion for denial but indicated .she believed the sixth reason for. denial , as . stated, should have been withdrawn because, after the vote was taken, it had been disclosed that the sketches and plans submitted by the church trustee July 19th , but which had not been available for the August 16th hearing, should -have been adequate for the existing stage of .development. She indicated she intends to amend the August 16th minutes to reflect discussion on that point which followed the vote. • If f' Date: 8/4/83 Fee : $25.00 CITY OF ST. ANTHONY PETITION FOR SIGN VARIANCE Leroy Signs , Inc . Applicant: '- 7 Twin City Federal Savings &Loan Phone : 535-0080 Address: ��'��/�' ,Yy /TG�IjC¢r/�t'�f�(�1/ 6325 Welcome Avenue N. Status of applicant (owner, buyer, renter, agent, etc. ) : Installer Legal- description- of property ,petitioned for variance: Street Address : 3899 Silver Lake Road Zoning district in which property is located: (B) commercial Request: Add 12.36 Square Feet to existing Display_ for 1124 Hour Teller" faces . Minnesota Statutes and City ordinances require that the following conditions must be satisfied affirmatively. If the answer to a statement is Yes, • please explain, using additional sheets . Yes No 1. The granting of, the variance will not be detri- mental to the public welfare or in3urious to X other property in the neighborhood or village; and 2 . A particular hardship to the applicant would re- sult if the strict letter of the regulations are X adhered to, or 3. The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is sought and are X not applicable, generally, to other property within the same land-use classification. Signature of Applicant �• Signature of Owner If of er than applicant) NN104508 au 08 . 8 0 A 25.000K Lj 00000 00000 • f _ �• �` ° - •��g�� ,gib� � �� : ; 08 , m r; %n o r L U�. { ti S qVt v- P1 kkr-- r N I K 3 - 1 CITY OF ST. ANTHONY REQUEST FOR PLANNING COMMISSION ACTION ------------------------------------------------------ Date ---------------- Date Submitted Type o Action Requested Agenda Item Number September j6 1983 New Business-a Date Action Concept Review x _ Formal Action/Motion T h+ Informational Kenzie Terrace-Request Requested Other ^; Amendment to Detailed September 20, 1983 PUD Plan, Phase 1 h' ----------------------------------------------------- TO: St. Anthony Planning Commission FROM: _ David M. Childs, City Manager ----------------------------------------------- - --- ------------------------ SUMMARY DISCUSSION OF SUBJECT Attached is a copy of the Kenzie Terrace P.U.D. , Phase 1 with several amendments. First, based on Planning Commission, City 'a= Council and market study input, two levels of enclosed parking are included. Due ? to site characteristics (and also soils , I believe) , the lower level of parking is t half underground and half aboveground. The second level is above the first level with four stories above the parking. The result is a height of 49 feet at the eaves and 64 feet to the top of the roof pitch. There are also some items regarding the side abutting the mobile home park which should be discussed. Because of ongoing negotiations, these will be discussed at the meeting. Finally, the architect will have a drawing which shows the building shadow with respect to neighboring properties. It is not in your packets, but will be brought to the meeting . RECOM: ENDAT I ON: Per Commission. ATTACHMENTS : X Plan Application Form Mailing List Letters of Support/Objection Notice of Hearing CITY MANAGER'S REVIEW: COMMENTS : CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY MINUTES June 28 , 1983 Chairman Sundland .called. the meeting to order at 9 : 10 P.M. Present for roll call : Sundland,. Vice Chairman Letourneau; Secretary/ -Treasurer Marks ; and Commissioners Ranallo and Enrooth. Also present: David Childs, Executive Director;, Steve Arkell of Arkand Partnership; and Judy Makowske, Planning Commission Representative. Motion by Commissioner Ranallo and seconded by Vice Chairman Letourneau to approve as submitted the minutes of the H.R.A. meeting held June 14 , 1983. Motion carried unanimously. Motion by Secretary/Treasures Marks and seconded by .Vice Chairman Let- ourneau to approve payment of $437 to Dorsey & Whitney for legal services in connection with the Kenzie Terrace Redevelopment Project. • Motion carried unanimously. The Executive Director indicated the condemnation resolution was necessary so the required. lengthy mechanisms would be taken care of should the negotiations with the property owners for the land included in Phase l of the project- become bogged down and the land not acquired before fall. Motion by Commissioner Enrooth and seconded by Vice Chairman Letourneau to adopt Resolution 83-.007, effective June 30 , 1983. H.R.A. RESOLUTION 83-007 RESOLUTION AUTHORIZING THE CONDEMNATION OF REAL PROPERTY Motion carried unanimously. Motion by Secretary/Treasurer Marks and seconded by Commissioner Ranallo to adjourn the meeting at 9 : 12 P .M. Motion carried unanimously: Respectfully submitted, Helen Crowe , Secretary • • CITY OF ST. A14THONY COUNCIL MINUTES August 9 , 1983 The meeting was opened at 7: 30 P.M. with the Pledge of Allegiance led by Mayor Sundland. Present for roll call : Ranallo, Sundland, and Letourneau. Absent : Marks and Enrooth . Also present: David Childs , City Manager. Motion by Councilman Ranallo and seconded by Councilman Letourneau to approve as submitted the minutes for the Council meeting held July 26 , 1983. Motion carried unanimously . The clean-up deposit fee for the 49 'ers softball tournament had been paid for only one of the dates specified for that event and the Manager indicated he would take the steps necessary to assure a satisfactory clean up. Motion by Councilman Ranallo and seconded by Mayor Sundland- to grant the following licenses and permits as listed in the August- 9 , 1983 Council agenda: Heating .licenses.,---•-Cronstrems Heating and Air Conditioning . Riccar Heating and Air Conditioning . Cigarette and juke box licenses - The .Alternative, Robert Slick, owner . Temporary 3 . 2 beer licenses - (consumption, not sale) Carole Fierke., 2829 Anthony Lane South, for Local #49 softball game and picnic to be held at Silver Point Park from 5 : 30 P.M. until dusk, August 10 and 29 , 1983. Barb Wood-Hill, 3004 - 31st Avenue N.E. , for use of Central Park and pavillion for softball from 3:00 P .M. until dark, August 26 , 1983 . . Temporary 3. 2 beer license St. Charles Women' s Club for annual steak fry to be held on church property at 2420 St. .Anthony Boulevard the evening of September .9 , 1983, and waiving the fees . • Motion carried unanimously. -2- Motion by Councilman Letourneau and seconded by Councilman Ranallo to approve payment of all verified claims listed for August 9 , 1983 in • the Council agenda of the same date. Motion carried unanimously. Motion by Councilman Ranallo and seconded by Councilman Letourneau to approve payment of $1,969 .50 to the Layne Minnesota Company for emergency repairs on Well #4 . Motion carried unanimously . Motion by Councilman Letourneau and seconded by Councilman Ranallo to approve payment of second installment premiums of $1, 172 . 50 , $3, 150 , and $2 ,930 to Midwest Area , Inc . for insurance coverage as presented in the August 9 , 1983 Council agenda. Motion carried unanimously . During the past few years the City residents have registered complaints with the Council about what they perceive to be an increase in the number of planes taking off over the City each day . Mayor Sundland had written a letter to the Metropolitan Airport Commission expressing these concerns and indicated one resident, John Dotolo, 2616 West Armour Terrace , had recently called him to report he had counted 44 low-flying planes over his home one Sunday . The resident also indi- cated he had received a very unsatisfactory response when he made • this complaint to an airport official. It was agreed that another letter, signed by all five Council members , should be directed to the eight Commissioners of the Metro Airport Commission to make them aware that the Council is receiving complaints from their constituents about the extent of air traffic over St. Anthony and to request the Commis- sion to see what they could do to divert some of the traffic. away from this area. The July Fire Department report and liquor operations summary and the August 2nd staff notes were accepted as informational as was the six month investment report. The Metropolitan Council intends to follow up their August 2nd pre- sentation by developing a work program for the City ' s capital improve- ment plan , according to Mr. Childs , who said this work program would be presented for Council consideration in September . The Manager. indicated the budget transfers he recommended in Resolution 83-039 would reflect the actual salary and- fringe payments expendi- tures made in .1983 and would not create a deficit in the 1983 Budget. Motion by Councilman Ranallo and seconded by Councilman Letourneau to adopt Resolution 83-039 . RESOLUTION 83-039 A RESOLUTION MODIFYING THE 1983 BUDGET Motion carried -unanimously. ,L 1 -' -3- Motion 3-Motion by Mayor Sundland and seconded by Councilman Letourneau to rt adjourn the meeting at 7: 50 P.M. Motion carried unanimously. 7 u Respectfully submitted, Helen Crowe, Secretary r '' Mayor 5 ATTEST: City Clerk • i • CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY MINUTES August 23 , 1983 Chairman Sundland called the meeting to order at 8 :51 P.M. Present for roll call: Sundland; Vice Chairman Letourneau, Secretary/Treasurer Marks; and Commissioners Ranallo and Enrooth. Also present: David Childs , Executive Director; William, Soth Attorney; Carol Johnson , Finance Director; and Judy Makowske,. Planning Commission Representative. motion by Commissioner Ranallo and seconded by Vice Chairman Letourneau .to approve as submitted the minutes of the H.R.A. meeting held June 28 , 1983. Motion carried unanimously. • Motion by Secretary/Treasurer Marks and seconded by Vice Chairman Letourneau to approve payments of $1, 482 . 40 and $1,980 to Dorsey & Whitney for legal services on the Kenzie Terrace Redevelopment Project during May and June, 1983. Motion carried unanimously . The Attorney confirmed that all the necessary condemnation mechanisms were now in place so there would be no delay in acquiring land for Phase 1 of the project should the purchase negotiations not be completed by fall.. Mr. Childs announced that the project planner, Dick Krier, had left Westwood Planning and Engineering and had joined the Derrick. Land Development . Company and would soon be appearing before the H.R.A. to request the planning services be transferred to his new firm. The Manager indicated staff would recommend approval of this request since they perceive that Mr. Krier was . the only person at Westwood who would be knowledgeable about the City project. Mr. Soth . indicated . he assumed this- transfer was probably accepted, as part of Mr. Krier ' s new employment agreement. - Motion by Secretary/Treasurer Marks and seconded by Commissioner Ranallo to adjourn the Housing and Redevelopment Authority meeting at 8:54 P.M. • Motion carried unanimously. Respectfully submitted, Helen Crowe, Secretary t • CITY OF ST. ANTHONY COUNCIL MIrJUTES August 23 , : 1983 The meeting was opened at 7 : 30 P.M. with the Pledge of Allegiance led by Mayor Sundland. Present for roll call: Marks , Ranallo, Sundland, Letourneau, and Enrooth. Also present: David Childs , City Manager; William Soth, City Attorney; and Carol Johnson, Finance Director. The minutes of the August 9th Council meeting were corrected to indicate three temporary 3. 2 beer "permits" rather than "licenses" were granted at that meeting. Motion by Counci-lman Ranallo and seconded by Councilman Marks to grant heating licenses to Prestige Heating & Air Conditioning; T.G.S . Mechanical; and Midland Heating and to accept the deposit from National Amusement Co. , Inc. (Snyder Brothers) for the next amusement device available , based on the established waiting list. Motion carried unanimously . Motion- by- Councilman Enrooth and- seconded by -Councilman-Letourneau- to grant temporary 3 . 2 beer permits , for consumption, not sale, . to Wanda �-,agner, 3413 Edward Street N.E . , for a family reunion to be held in Central Park August 28, 1983, and to Carl B. Branger, 3604 - 33rd Avenue N.E. for the Village .Originals picnic to be held in Central Park September 11, 1983.. Voting on the motion: Aye: Enrooth, Letourneau, Sundland, and Ranallo. Nay : Marks . Motion carried. Motion by Councilman Marks and seconded by Councilman 'Enrooth to approve payments of $745 and $360 to Dorsey & Whitney for legal services during May and June, 1983; $1, 528 . 35 to Edward J. Hance for prosecu- tions during July, 1983; and $3 ,000 to Adrian Helgeson and Company for the 1982 audit of financial statements of City funds, .as .listed in the August 23, 1983 'Council agenda. Motion carried unanimously . Judy' Makowske , Chairperson of the Planning Commission, presented the report on recommendations from the Commission as reflected: in the �- minutes of the Commission meeting held August 16 , 1983. ' P � -2- She read the motion recommending Council approval of the variance to the City Sign Ordinance which would permit the additional wall sign- age requested for the west side of the Zantigo Restaurant at Apache • Plaza Shopping Center. There was no one present to speak either for or -against the request and the Council indicated its concurrence as follows : Motion by Councilman Letourneau and seconded by Councilman Marks to grant a variance to the City Sign Ordinance regulation (which permits only one sign . on a commercial building) for the wall sign on the west side of the Zantigo Restaurant at 3704 Silver Lake Road, as presented on Exhibit "Z" , finding, as did the Planning Commission, that: I (1) Granting the variance would not be detrimental or injurious to . other property in the same area because the restaurant is located in a commercial shopping center- complex and there are great distances ,between it and. the closest residential property which could be adversely affected. (2) It would be a hardship for the restaurant owners if the petition for the variance were denied because of the shape of the building and its location on a small site within the confines of a large shopping center, with two street frontages and accesses , and, most importantly , three entrances from the west, south , and east. (3) The conditions upon which the application was based are unique to this particular parcel of land because of the large exposure of the property to the west, where the primary traffic is generat from the east and south, making signage uniquely difficult for for this building and property . (.4) The total signage for the existing, signs on the building , as well as the requested sign, would be less than the permitted square footage for this building, and, in other respects, this property had been developed in accordance with all City and state codes and standards . (5) No one spoke in opposition to the request, either during the Planning Commission hearing, August 16 , 1983 , or the Council meeting held August 23rd. Motion carried unanimously. Chair Makowske then -reported the justifications the Commission had cited for recommending the additional lettering on the existing TCF illuminated pylon sign at 3899 Silver Lake Road not be granted. Dave Shannon of American Sign and Indicator Corporation, .18725. Minne- tonka" Boulevard, was present and apologized for not attending the August 16th hearing and for misunderstanding the "double negative" he perceives in the questions on the variance petition which should have been answered in the.. aff.irmative. He indicated TCF. officials believe they: need to inform their own -customers as well as those from. other financial institutions -that a -24• hour teller machine had .been- ins.talle* for their convenience in the bank -building. . The sign company repre- sentative said he doesn't believe the 13 additional square feet of r 'f -3- lettering 3-lettering which the bank is requesting would add significantly to either the size or scope of the existing sign and it was his con- tention- that the new message could also be considered a public service . Mayor - Sundland recalled how hard it had been to get the plans for the bank approved originally , especially for the sign which was non-con- forming- even at that time, and, based on the information which had been made available to the Planning. Commission, indicated he concurred with :their recommendation for denial . He said he perceives there should be another means available to the bank to let the public know the cash card machines are in the building, without increasing what is already a non-conforming sign. Councilman Marks remembered that both the proposed size and height of the sign had been cut down and the panel which depected an eagle, the TCF symbol at that time , had been eliminated in the same sign area where the additional lettering is now requested. Mr. Shannon reiterated the same arguments which had been presented when the sign was first proposed, that the existing sign, in terms of overall size , is one of the smallest of 57 identifying signs TCF has in the metro- politan area and that the bank considers it very important to have uniformity of their sign message. When asked, Mrs . Makowske indicated she perceives a personal appearance by the proponents before the Commission might have been helpful and the Mayor suggested to Mr. Shannon that, if he thought he might have • additional information which would help his cause, it might be beneficial for him to attend the next Commission meeting to see if he could persuade the Commission members to modify their opposition somewhat. The Manager confirmed that the Sign Ordinance permits no monument signs in a commercial area such -as the bank' s in St. Anthony but the bank is permitted 150 total- square footage on the building itself . Motion by Councilman Enrooth and seconded by Councilman PZarks to table action on the TCF request for additional signage at 3899 Silver Lake Road pending the appearance of the sign company representative before the Planning Commission at their next meeting . Motion carried unanimously . Chair Makowske indicated she appreciated the Council ' s concurrence with Commission recommendations regarding the last two signs and hoped they would also find a basis for agreeing with them on the Elmwood Lutheran Church addition request. She read the Commission motion for denial but indicated she: believed the sixth reason for denial , as stated,. should have been withdrawn because , after the vote was taken, it had been disclosed .that the sketches and plans submitted by the church trustee July: 19th, but which had not been available for the August- 16th hearing , should. have. been adequate for the existing stage of development. She indicated 'she intends to amend the August 16th minutes- to reflect- -discussion -on that point which- followed the vote. f. h -4- Mayor Sundland indicated that, even considering this oversight, and, after personally visiting the site, he had concluded that, in light of the massive amount of land available to the church for expansion without a variance, he would have to concur with ,the other reasons the Commission had for recommending the variance request be denied. Dick Jones , again speaking as a trustee for the church, commented that he sometimes doubted that the Commission members had really heard the reasons the church had expressed over and over again, for not, expanding on the north side . He reiterated that adding the needed classrooms and other improvements to the north side of the building at this .time , would defeat the plan- the congregation has had for twenty years to add a new sanctuary on that side when the church would have sufficient funds and need for such an addition. Mr. Jones said he would not anticipate that would happen for another five or ten years . The church could probably get by -without making the proposed changes -in the kitchen, fellowship room or sanctuary he said, but the additional classrooms area necessity, as evidenced by the fact that church has to rent six rooms in the Wilshire School this winter until the addi- tion can be constructed. The church representative reiterated that it is essential that all Sunday school classes be held at the same time so the children can attend the church worship with their parents, so adding services would not solve the classroom shortage. Mr. Jones indicated he believes the Commission had misunderstood the comparison of costs for the proposed addition and the structure to the north because Ming Wang, the architect the church had retained to draw up the expansion plans had estimated it would cost $750 ,000 , or • $75 per square foot, to put in a new sanctuary with a basement under- neath it on the north side, and Mr. Jones believed the- ar:chitect would say it_would cost $250 , 000 to construct the proposed addition on the east at current building prices , not taking into consideration the fact that a contractor had submitted a bid of $150 ,000 for the job on the condition the church members would do much of the finishing work themselves . To expand to the north at this time would cost -the church about a half a million dollars more than the congregation can afford, Mr. Jones concluded. He agreed that it would be only fair to exclude the reference to the lack of plans from the Commission recommendation. When the church trustee told the Council that when the new sanctuary is constructed on the north side , the church plans to convert the existing sanctuary into a fellowship hall which can be used for banquets, Councilman Ranallo told him that would concern him even more , perceiving such large affairs could be very disturbing for the neighbors, if the build- ing were constructed so close to their lot lines . Mr. Jones responded that he didn' t foresee there would be any more noise- generated by a dinner than: with regular church services . Mayor Sundland noted the proposed future expansion for a sanctuary on the north side would also be only 15 feet from the property line and later con-firmed that this addition would also- require a conditional use permit before -it could be constructed. Councilman Marks indicated on the site plans , which ,the church officials had brought with them that evening, possible ways he saw for siting the 1 -5- proposed addition in a manner which might be more acceptable to the neighbors . He assured the proponents that it was not his intention • to- redesign the addition, but that he was rather seeking ways of avoiding a "win/lose" solution to the impasse. The Councilman indicated he- perceives the church' s relationship with its neighbors had become the crux of the problem. Mr. Jones responded by saying he believed some of the Commission reaction to the proposal had been exaggerated and cited the statement that "the church wall would be 38 feet high, " where in reality , "the addition would have only a ten foot wall with a sloping roof which could be constructed on a grade no more than 7 or 8 feet higher than the neighbor 's property" . The church official said that during the August 4th meeting with the residents along 36th Avenue, he had sensed some of them would oppose any expansion of the existing church building whatsoever, which "would be the same as telling us we can't build on our own property at all" . He then drew the Council 's attention to Commissioner Bowerman ' s admission in the minutes that even shorter ' sideyard setbacks, including those for his own home, are not uncommon in the City. Councilman Enrooth told him the City Ordinance deals with church buildings as conditionally permitted uses in a residential district because it is the accepted philosophy that rights of residents must be considered to take precedent over non-residential structures in the same district and the permit gives the City some leeway in setting Condit-ions for approvad--which make thet. non-residential buildings more • acceptable- to the adjoining home owners . The Councilman wondered whether the church officials had listened carefully to what Commission members and the residents were telling them were their concerns about possible harmful effects the proposed building might have on their neighbors ' use of their backyards and property values . Mayor Sundland indicated he agreed with Councilman Marks that' a "push and shove" situation should be avoided, if possible, and asked the proponents if they could see any possible alternatives for constructing the building which could be negotiated with their neighbors , with, of course, some compromise on both sides . Reverend Joseph O. Valtinson, pastor of Elmwood, told him the neighborhood opposition to the addi- tion had not been expected and he reiterated that some of the partici- pants in the August 4th meeting had even opposed the suggestion .for expanding to the front of the church. The minister said the church 's position is a difficult one because the rapid growth of the congrega- tion the last few years had made the proposed addition necessary and indicated he could foresee no other way of constructing it, perceiving the 15 foot sideyard setback to be essential to the plan. He asked, "who will decidethe issue, the City or the residents?" . However, "as a Christian minister" ,. Reverend Valtinson indicated he wanted to be reconciled with his neighbors. and said he would .be happy to follow any, directions the City could .give him .as long as they would . "achieve the church's objectives- without developing 15-different costly plans to get there" . • -6- Councilman Ranallo commented that he had observed that large committees rarely accomplish anything and suggested two or three persons re- presenting each side might result in a more effective negotiation. • Councilman Enrooth suggested a mediator service might be utilized. There was general agreement that Mr. Childs ' workload is too heavy for him to undertake- the task of acting as mediator and secretary in this problem. Erling Weiberg,-. who lives at 3409 - 36th Avenue N.E. , the street just behind the church property , reiterated that he had served as spokes- person for both the six families on 36th, whose property would be most affected by the proposed addition, and the 23 persons in that neighbor- hood who had signed the petition of opposition to its construction in the location proposed. Because the notice of the July 19th hearing had not specifically stated where the church expansion would be made, and, believing the addition would be made to the north, as had been assumed by the .neighbors over the .years , Mr. Weiberg said he and his wife came to the hearing fully expecting to support the church' s request. However, when they learned the addition would instead be built directly behind two of the neighbors , who vehemently opposed its construction, Mr. and Mrs . Weiberg concluded they had no. choice but to support their neighbors . When the Planning Commission tabled their recommendation on the church proposal to give the church an opportunity of coming up with a more acceptable plan; the neighbors came to the August 4th meeting with the church officials anticipating that would be the case, according to Mr. Weiberg . Instead, he said, the church officials indicated they could not change their plans- and the only suggestions for other ways of constructing the addition came from the neighbors themselves , and all those were rejected by, Mr. Jones• at the August 16th Commission hearing . The fact that one resident had expressed opposition to one of these suggestions was certainly not representative ofthe whole neighborhood, Mr. Weiberg said. Because there had been complaints about the church ' s maintenance of their property in the past, and in order that these problems should not become a source of major disagreements between the church and the neighbors , or issues in which the City would have to be involved, as this one had, the spokesperson suggested the establishment of a neighbor= hood committee which could meet on a yearly basis with church officials to work out any problems regarding weed control , snow removal, etc. which might come up during the year. When Mayor Sundland asked Mr. Weiberg if he believed it would be-possible for the neighbors to come up with an alternative to the church 's proposal which would be satisfactory to both parties , the spokesperson responded that he believes , "it should be up to the church to develop a plan which the residents could live with" . Reverend Valtinson then asked what assurances the church would have that, if a plan could be agreed upon by both the church and neighbors , it would--be given: City approval . Councilman Enrooth told him he .is certain any plan which had the tacit approval- of - the neighbors would have no problem: getting the approval of both the Planning Commission ' and the Council. - 1 • Councilman Piarks , told the church representatives he is concerned that any decision by the Council that evening would surely interrupt the -7- i negotiation process and, therefore, was making the motion to table action on the permit request on the assumption some accommodation of • both positions could be worked out through further negotiations . Councilman Enrooth seconded that motion, agreeing it might be wiser to defer the matter to another Council meeting, perceiving that, "with j all the land the church has available for expansion, there should certainly be an opportunity for differences between the parties to be worked out satisfactorily" . However, before the vote on the motion was taken, he withdrew his second to give Donald Esau, 3505 - 36th . Avenue N. E. , an opportunity to comment on the issue. a } Mr. Esau identified himself as the owner of one of the two homes directly behind the existing church and the proposed addition. . He referred to the extensive testimony on the harm he believes he would suffer if the addition is permitted, but said he wanted to go on record as , "supporting the church over the years because they have been good neighbors and have provided a necessary service for the community" . Mr. Esau indicated he perceives the neighbors don't want the situation to deteriorate into a "win/lose" proposition either . He therefore suggested another meeting between the residents and church officials be scheduled and, in order that any misunderstanding of positions could be avoided, that each side arrange to take their own minutes of the proceedings. He could certainly understand .the church 's need for additional class- rooms , Mr. Esau said, and he wondered if it would be possible for the City_ to . let the church--,-use--the .six classrooms in- the Wilshi-re School • building without charging them rent, at least until there is some agreement reached about the siting of the proposed addition. The Mayor told Mr. Esau he would be happy to transmit that suggestion to the School Board, who are responsible for the school 'buildings . He also said that, although he wouldn ' t want to impose any more projects on the City staff at this time , he personally would be happy to do anything in his power to get the parties together. The suggestion that separate minutes should be kept by both sides appealed to the Mayor as a means of preventing further polarization of positions . Among those present who did not speak .were Larry and Sandy Antczak, who live directly behind the church, Mrs. Esau, and Elmwood members , Mrs . Jones , Dennis Olson and Paul Stewart. Councilman Enrooth again seconded the motion to table action on the Elmwood addition request which passed unanimously. Chair Makowske concluded the Commission report by telling the Council she understood the LePepiniere: school officials would be returning with a. proposal for wall signage for the center. Councilman Enrooth indicated he had noticed two incidents of. homes in _ the _City_,_which_had_been_left .only. partially constructed for long-periods of ..time.- The Manager indicated he .-had been able to persuade one of the • ,;owners- to complete the- job but- wasn ' t certain the* same procedures would. work in the second instance. -8- Both Councilman Marks and Enrooth reported being away from the City for some time and said they were glad to be back to Minnesota where • the weather has been more moderate. Mr. Childs had included the Helgeson audit in the Council agenda packet and he summarized actions which have already been taken or would be taken when staff time is available to comply with the audit sug- gestions forimproving the City ' s system of internal controls . The Manager also reported he would be attending some of the sessions of the Minnesota Waste Management Board meetings -August 24th and 25th to state the City.'s positions on issues which might adversely effect its residents . Mr. Weiberg had remained to reemphasize the importance he perceives for making future hearing notices more specific. He speculated that there might have been better communication between the church and the residents prior to the first hearing if the notice of the hearing .had indicated where the Elmwood Church addition was proposed to be con- structed. Mr. Childs told him it is his intention to revise the hearing notice and to include pertinent maps and sketches in the notices to affected neighbors and this would motivate him to initiate that pro- cedure right away. Referring to the August 16th staff notes , reference to seal coating the streets , Mr. Childs told the Council that project is almost completed and Mr. Hamer should be congratulated for saving the City money .by recycling the sand mixture on each street and storing it for reuse on the icy streets this winter. Motion by Councilman Ranallo and seconded by Councilman Marks to adjourn the meeting at 8 :50 P .M. Motion carried unanimously . Respectfully submitted,•. Helen Crowe , Secretary Mayor ATTEST: City Clerk