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HomeMy WebLinkAboutPL MINUTES 10211975 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 106248 Box: 36 Folder: PL MINUTES AND AGENDAS 1975 Document: PL MINUTES 10211975 CITY OF ST. ANTHONY PLANNING BOARD MINUTES October 21 , 1975 • The meeting was called to order by Chairman Letourneau at 7:35 P.M. Present for roll call : Hiebel , Marks, Letourneau, Bowerman, Rymarchick. Absent: Johnson and Cowan Also present: Jim Fornell and Harry Lekson The following corrections were made to the minutes of the Board's September 16, 1975 meeting: Page 1 , para. 5: Motion was intended to recommend to the Council approval of a Public Hearing to be held 10/21/75 on the Tedlund request for a deck on their home at "3114" rather than "3111" Rankin Road. Page 1 , para. 6: Change to read "Mr. Ray Sopcinski appeared to request a Public Hearing be held on his request to be allowed to build a 24 x 26 garage. He plans to convert the existing garage to a family room". Page 2, para. 1 : Motion was intended to recommend to the Council approval of a Public Hearing to be held 10/21/75 on the Sopcinski request. .�i Page 3, para. 4: Substitute "October 21" for October 23. Page 2 & 3 Spelling of the developer's name should be "Ernst". Motion by Mr. Hiebel , seconded by Mr. Bowerman to approve the September 16th minutes as corrected. Motion carried unanimously. The Public Hearing was opened at 7:41 P.M. on the request for a side yard variance to permit construction of a deck above a new garage on the residence of Mr. & Mrs. William Tedlund at 3114 Rankin Road. Mrs. Tedlund showed the plans and drawings for the balcony; which will pro- trude almost 4 feet beyond the existing side yard of 19 feet. She explained the deficiency of the existing side yard resulted when Townview was constructed after the house had been built. Since no one else appeared to speak for or against the proposal and Mrs. Tedlund said she had received no expressions of opposition from her neighbors , the Public Hearing was closed at 7:52 P.M. The Board indicated they could see no health or safety hazards in the proposal and made the following motion : Motion by Mr. Hiebel , seconded by Mr. Bowerman to recommend to the Council approval of the Tedlund request for a side yard variance of approximately 4 feet to permit the construction of a balcony on their home at 3114 Rankin Road (Plat 63540, Parcel 10150) . r I i 1 l 2 Mr. Cowan arrived at 7:57 P.M. and participated in the voting on the above motion. • , Motion carried unanimously. The Public Hearing opened at 8:01 P.M. on Mr. Ray Sopcinski 's request for a side yard variance which would permit him to build a garage on the side of his home at 2524 St. Anthony Road which would protrude 7 feet beyond the 22 ft. side yard adjacent to Edward Street. Mr. Sopcinski justified building the garage to the side rather than the back of his house by telling the Board that if he built it in the back yard he would have to elevate it far above the natural terrain because of the flooding he experiences with each downpour. He also explained that if the garage were built behind the house, it cut off the natural flow of storm water across his property which would trap the water in his yard and in that of his neighbor to the west. A garage in back would also ruin the park-like appeaance of backyards of his neighborhood. Mr. Sopcinski also mentioned the precedent set by the neighboring Hertog properties being built almost on the curbline. The Public Hearing closed at 8: 15 P.M. Mr. Robert Lohmar, 2512 St. Anthony Road, appeared to tell the Board he had no opposition to the proposal and said he knew of none from other neighbors. Although Mr. Rymarchick and Mr. Letourneau said they were concerned with the Board's setting aside standard side yard requirements they did not feel this particular case posed a real problem since the street curved around that block and there was no other house affected by their decision. Mr. Marks said that because of the water problem Mr. Sopcinski had, he felt it would result in a hardship for Mr. Sopcinski if the Board required him to do anything other than what he proposed. Motion by Mr. Hiebel , seconded by Mr. Rymarchick to recommend to the Council the Board's approval of granting a 7 foot side yard variance to allow Mr. Sopcinski to construct the garage he was requesting on Lot I and that part of Lot 2 lying east of the west 30 feet, Block 5, Clark & King Hennepin Gardens. XM7�1 on carried unanimously. Mr. Letourneau reconvened the Public Hearing on the Ernst : proposal for a Country Kitchen-office building to be erected east of the American Monarch building on 37th Avenue N.E. at 8:35 P.M. but Mr. Marks questioned whether this was a legal procedure. He said he wondered if the Public Hearing could be legally reconvened since the notice to the residents did not specifically state that a public hearing was to be reconvened but rather indicated a discussion of the revised site plan for the proposal was to be held. However, noting there were approximately 30 interested residents present, he and Mr. Cowan suggested proceeding with the discussion of the proposal as indicated in the notice. Mr. Ernst however said he was not interested in going through his presentation twice. J Several of those present including Mr. E Mrs. Art Thompson , Mrs. Paul Iverson and Mrs. H. W. McHugh said that, although they had received the original notice, they had received no official notification of this meeting. Several others • present questioned why they were not included on the listing of persons who were sent notices of the two hearings. They were told distances are set by law for consideration in making up such lists. The lists were identical . Motion by Mr. Hiebel , seconded by Mr. Bowerman to table action on the Ernst proposal until the next regular meeting on November 18th so that proper notification could be sent to the residents on the official mailing list with the provision that any of those present whose names were not included on the list could request their names be added to it. Voting on the motion: Aye: Hiebel , Bowerman, Letourneau and Cowan Nay: Rymarchick and Marks Motion carried. Mr. Ernst then indicated he would be out of town November 18th. Motion by Mr. Marks and seconded by Mr. Cowan to request that the Council direct the Board to reconvene the August l9th Public Hearing on the Ernst proposal at their December 16th meeting at which Mr. Ernst might present his revised site plans for building on the property owned by American Monarch at approximately 2901 37th Avenue N.E. Before voting on the motion Mr. Ernest indicated he would revise his schedule so that he might be present for the November 18th meeting and the makers of the motion agreed to amend their motion to set that date for reconvening the Public Hearing and to include Mr. Bowerman 's suggestion that further application fees be waived for Mr. Ernst. . The motion, as amended, carried unanimously. The meeting was recessed at 8:55P.M. and reconvened at 9: 10 P.M. by Mr. Marks as Chairman Pro Tem since Mr. Letourneau left the meeting during the recess. ,/----The Board then considered the request from Mr. Gerald Louiselle, 3400 Croft Drive, that he be allowed to convert the Hedlund house at 3908 Silver Lake Road to a florist and gift shop. Mr. Louiselle showed his plans for the changes which would have tq be made on the house to enable him to transfer the florist shop he now operates in Apache Plaza to the new location. He flet he could use the same parking arrangement which had been agreed upon when Mr. Gordon Hedlund had been granted a conditional use permit to convert the house to a construction business. Mr. Louiselle was also agreeable to accepting the stipulations set for granting the permit to Mr. Hedlund. The property owner was also present and said the conversion had not been made and he did not feel would now be implemented. Mr. Louiselle said he would require some signage and planned extensive landscaping around the building , which he felt would definitely improve the appearance of the property but did not anticipate use of that area for sales or merchandise display. ~1 4 Mr. Fornell advised the Board that a florist shop was not one of the permitted uses specified for granting a conditional use permit under the present City ordinance and an amendment would have to be made to the ordinance or the property rezoned to commercial to grant the Louiselle request. Mr. Louiselle said he did not feel his business differed radically from some of the permitted uses, i .e. , libraries and medical centers, which probably generate much more traffic. Motion by Mr. Rymarchick, seconded by Mr. Cowan to recommend to the Council approval of amending the zoning ordinance Conditional Use section, to include a florist and gift shop as a permitted use. Voting on the motion: Aye: None Nay: Hiebel , Marks, Bowerman, Rymarchick, Cowan Motion not carried. The Board based its opposition to the proposal on their belief that allowing the retail business in a R-2 zoned area was spot zoning and would set a precedent for establishing other commercial businesses in other undeveloped lots along Silver Lake Road, thereby voiding the planned development of that tract under the new zoning ordinance. They also noted that adding a retail business to the permitted uses for granting conditional use permits would be applicable to any R-1 or R-2 zoned area in the City. Mr. Louiselle was advised of his right to present his request for the consdieration of the Council . Mr. Fornell reviewed the discussion of what the Board had considered improper notification of residents regarding the hearing on the Ernst proposal drawing their attention to Appendix I , Section 300. 11 , Subd. 2 of the city ordinance, last sentence. (Note: The reference should have been to Appendix I , Section 300. 10, Subd. 9 last sentence, as the request was for rezoning; the provisionsare identical) . The provisions contained therein are for "bona fide" attempts to comply with proper notification procedures for public hearings. / The Board then reconsidered the request from Mr. Clarence Gould for a building permit to erect a steel warehouse and organ repair shop on Foss Road. He presented the site plans and landscaping proposals re- quested by the Board at their September 16th meeting. Although a majority of the Board expressed some misgivings with the type of building Mr. Gould said was economically feasible for his business and were concerned that permitting this type of business in that location would put in jeopardy the Board's new zoning plans for that area; they felt the proposal had to be considered under the existing zoning ordinance which zoned the property Light Industrial . t S Mr. Rymarchick said that, in spite of the above stated reasons for approving the request, he intended to vote against the proposal because he did not consider • it would provide a desirable transition between the residential-multiple dwelling and the industrial development of that area. Mr. Fornell said he had to give "qualified approval" to the proposal since it met the requirements set by the existing zoning ordinance. Motion by Councilman Cowan and seconded by Councilman Bowerman to recommend to the Council approval of granting a building permit to Mr. Clarence Bould to enable him to erect the warehouse as per submitted plans, on Lot 3, Block 1 , Henkel Addition. Voting on the motion: Aye: Hiebel , Marks, Bowerman and Cowan Nay: Rymarchick Motion carried. -,-Mr. Tom Healy, Attorney for the Goodyear Tire and Rubber Company told the Board the completion of the renovation of Silver Lake Road had now enabled him to present to them firm plans for location, landscaping and description of the free standing sign Goodyear was requesting a variance to the sign ordinance to erect in front of the store at 4020 Silver Lake Road. He said the sign now on the south side of the building would be removed so that the company might comply with the signage size limitations set by the ordinance. He also pointed out how the sign had been positioned to avoid obstruction of view of customers leaving the property. Staff approval was based on precedent which had been set for other free standing signs allowed elsewhere in the City: T.C.F. , Midland Bldg. , Fredrick Herfurth Real Estate, Poppin Fresh Pies. Motion by Mr. Hiebel , seconded by Mr. Bowerman to recommend to the Council that the Goodyear Tire and Rubber Company be g ranted a variance to Section 430: 15, Subd. 8, of the City sign ordinance to allow them to erect a free standing sign of a monumental nature (as indicated on the attached drawing) at the grade level established by the drawing and subject to the removal of the existing sign on the south side of the building. Motion carried unanimously. use no one appeared to present their proposal , no action was taken on the Towle Company request for a Public Hearing where they might explain their plan to rezone from Residential to Commercial the property between the body shop and the American Legion building on Kenzie Terrace. Mr. Bowerman will attend the next Council meeting and present the Board's recommendations from this meeting. Motion by Mr. Cowan, seconded by Mr. Hiebel to adjourn the meeting at 00 10:35 P.M. Motion carried unanimously. Helen Crowe, Secy.