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HomeMy WebLinkAboutPL MINUTES 05171977 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 105658 Box: 35 Folder: PL MINUTES AND AGENDAS 1977 Document: PL MINUTES 05171977 R S • CITY OF ST. ANTHONY PLANNING BOARD MINUTES May 17 , 1977 The meeting was called to order at 7: 35 P.M. by Chairman Hiebel. Present for roll call: Letourneau, Hiebel, Rymarchick and Marks . Absent: Cowan, Bowerman and Johnson. Also Present: Jim Fornell, Administrative Assistant Larry Vickrey, City Attorney Harry Lekson, Building Inspector/Assessor The minutes for the Board's April 19 , 1977 meeting were corrected as follows: Page 4, Paragraph Two and Three: The Public Hearing on the Hedlund PUD was to be held May 17th and not May 18th. • Motion by Mr. Rymarchick and seconded by Mr. Marks to approve the April 19, 1977 minutes as corrected. Motion carried unanimously. Mr. Letourneau will represent the Board at the May 31, 1977 Council mee ing. Mr. Dick Gay of Gay Realty and Harry Schroeder of Schroeder Associates, 1935 W. County Road B2, were present to request concept approval for two buildings proposed to be built in the St. Anthony Office Park. Mr. Schroeder presented the site plans for both buildings and a model of the first structure whose prospective owner and tenant of one half of the building is a computer firm, Progressive Management Sales . Cassidy Products, Inc. , who wish to expand their present business at 2920 Anthony Lane will utilize half of the second building. The pro- posal calls for replatting of Lots 3 ,4,5 , and 6 , Block 3 , and Mr. Gay told the Board the previously approved replatting of the Park has been held up by refusal of one of the property owners to participate. However, he added, most of the problems which had necessitated this replatting had been solved by construction of buildings in the meantime. The City Staff had no opportunity to review the plans prior to the meeting and could therefore not advise the Board regarding their con- formance to the City Zoning Ordinance. The Board could therefore only . give the applicants assurance they basically agreed with the concept • for the two buildings as presented, subject to Staff review for con- formance. Mr. Gay also was told that there would be a requirement for a performance bond for landscaping. Theeeting was recessed at 7: 55 and reconvened at 8 :04 P.M. by the Chairman for a discussion of the Public Hearing which had been scheduled to consider a PUD on the Hedlund property. Mr. Cowan arrived during the recess. A number of residents who had received notice of the hearing were pre- sent and Mr. Fornell explained the requirements and mechanics of a Planned Unit Development as set forth in the City Zoning Ordinance. He reiterated some of the points he had made regarding Mr. Hedlund's PUD application in his memo to the Board of May 12th, including the fact that the application for a Development Concept Plan lacks the submission requirements as set forth in Subdivision 5 , Number 4 . The Chairman than asked Mr. Hedlund whether he was prepared to present the effectu- ating documents which he had been advised would be required that evening. Mr. Hedlund's attorney, John Daubney, replied that, though Mr. Hedlund did not have some of the documents with him, he was prepared to supply the information orally. Mr. Marks said some of the information could obviously only be given in a written document but felt Mr. Daubney should be allowed to give orally • any pertinent information he could. Mr. Daubney then proceeded to address items (A) through (F) which the Administrative Assistant had indicated were missing. He identified the location of the tract and said Mr. Hedlund had been its owner for 13 or 14 years and then mentioned Carl Dale, Barb Lukerman and himself as the consultants to Mr. Hedlund. He addressed (B) by saying Mr. Hedlund owns and controls all the property in question with the exception of the house he rents and there is no other fee owner but there is a Con- tract for Deed held by Kenneth Lee. Mr. Daubney identified Mr. Lee and said he was prepared to act in support of the application for a PUD. The attorney then indicated the requirement (C) a Certified Abstract of Title, would be submitted but said he did not fully understand the requirement of a statement of financial capability under (D) since Mr. Hedlund may or may not be the contractor for the development. He felt the zoning map, which he then presented and which had been included in Mr. Carol 's previous exhibits , should fulfill the requirements of (E) and said there are no water bodies inthe tract and therefore it was his belief that requirement (F) could be met by the statement from the owner that such is the case. The Board agreed that the Public Hearing on the Development Concept Plan could not legally be held since all submission requirements had not been met and were concerned why the hearing had been scheduled without adequate indication that the conditions for such a hearing had been met. • Mr. Fornell told them the formal application had been received after the notice to the residents had been mailed and published, with "lead time" persuant to state statutes. (2) • Motion by Mr. Marks and seconded by Mr. Cowan to allow Mr. Daubney to make an informal presentation of the application for a PUD until ap- proximately 8 : 55 P.M. and to hold the Public Hearing to consider a petition for a PUD for Lots 10-16 , Block 6 , Mounds View Acres, Second Addition at the time all submission requirements for a PUD are met with appropriate time allowed after such submission for publicizing such a hearing. Motion carried unanimously. The City Attorney who had participated in the discussion then left the meeting at 8 :45 P.M. Mr. Daubney then discussed Mr. Hedlund's proposal with about a dozen neighbors who all expressed either opposition or skepticism about the plan. Included in those who spoke were Fred Lavicky, 3920 Macalaster Drive; Duane Stanley, 3012 39th Avenue N.E. ; Richard Cooper, 3908 Macalaster Drive; Ruth Thompson, 3015 39th Avenue N.E. , and Ruth Nelson, 3916 Macalaster Drive. Mr. Lavicky said he considered the proposal a "bad plan" because of its lack of specifics regarding uses, heights of buildings and many other aspects. He questioned whether the tract was large enough for a PUD and said he would rather have each individual use considered for a conditional use permit. Mr. Daubney answered that it is illegal "to zone by special use permit" in residential areas . Mrs. Nelson said she was expressing the adamant opposition from the • residents against any restaurant. The Chairman told the residents many of their questions had been answered in the application made by Mr. Hedlund and these documents were avail- able at the City Hall . The meeting was recessed at 9 :07 and resumed at 9 :20 when Mr. Hiebel opened the Public Hearing on a request from the St. Anthony American Legion Post No. 513 for a conditional use permit to allow an unspecified number of campers to camp on Plat 63507, Parcels 7620 and 7610 , on June 18th and 19th, 1977. Mr. Marks had left the meeting to attend the canvas of votes in the District #282 School Election down the hall and returned at 9 :25 P.M. Speaking for the Legion request were Leonard Bisanti and Robert St. Cyr. Mr. Bisanti, Convention Chairman, said though they had a capability for 40 or 50 campers to use the requested space adjoining the Legion Hall, they anticipated many less because a majority of the participants are from the Metropolitan area. He also noted that he had received no re- sponse to a request for reservations to date. A large dumpster parked on the site as well as satellites were a part of the arrangements the Chairman said had been made to provide adequate sanitary facilities during the convention and two off-duty policemen from the City Police Department had agreed to provide security during the event. A snow • fence will be erected the entire length of the alley which divides the (3) Legion property from the residential area to the west. Mr. Bisanti said that, with the exception of the dance to be held in the Legion Hall on Saturday, those who had been invited to participate had been advised that 10 :00 P.M. was the cut off time for partying whether on the grounds or in the motels. Since many of those who might camp near the hall will have their families with them, he felt there would be no late night partying in that area. Mr. Fornell's memorandum of May 9th containing staff 's recommendation of four conditions which should be agreed to before a permit is given, was discussed and the conditions incorporated into the recommendation for approval. Of the 36 property owners who had been sent a notice of the hearing, only Mr. and Mrs . E. J. Martie, 2801 27th Avenue N.E. were present to express their opposition to the request. Mr. Martie who said he lives across the street from the Legion Hall was opposed to having the over- night camping because he is often disturbed when wedding dances are held in the hall now. He did not believe the City Police would provide the necessary supervision. He listed his complaints about "the way the Village is run" saying he had asked the Police Department to patrol his alley once every hour and then shortly afterwards was burglarized because his request had not been honored. He was also unhappy with the lack of enforcement of agreements regarding landscaping the pro- perty behind the butcher shop and bakery. He concluded by saying no • one on the Board lives in his area and therefore will not be as con- cerned about the possible disturbances which may result from the camping near his home as he. Mr. Fornell told Mr. Martie the City does not have the manpower neces- sary to patrol every street hourly but an attempt is made to get down each street at least once an evening. He questioned Mr. Martie about whether he had lodged a complaint against the disturbances caused by the dances and Mr. Martie replied that he had not because "It's their wedding and we don't want to spoil it" . Mr. Bisanti said the Legion is considering nailing the windows shut in the hall not only because they don' t want the neighbors disturbed during events held there but also to get efficient air conditioning. Although they don't live in that area, Mr. Marks and Mr. Rymarchick indicated similar annoyances with late evening and early morning use of the tennis courts near their homes and can sympathize with him, Mr. Martie. However, they both felt since the Legionaires are probably older than the usual wedding dance crowd, their dance might be a little less noisy and they felt the Legion representatives had indicated a sincere desire to prevent a dis- turbance to the neighborhood. Motion by Mr. Cowan and seconded by Mr. Hiebel to recommend to the Council that a Conditional Use Permit be granted the St. Anthony American Legion Post No. 513 which will allow an unspecified number of campers to camp near the Legion Hall at 2651 Kenzie Terrace as requested from Noon, Friday June 17th to 6:00 P.M. , Sunday June 19th, 1977 , subject • to the following conditions: (4) • 1. Adequate sanitation facilities be provided, to include refuse containers and toilets . 2. Security be provided as per the letter of 5/7/77 . 3. A $100 refundable clean-up deposit be posted. 4. The Legion be informed that the disorderly conduct, littering, and nuisance ordinances will be strictly enforced, should there be problems . 5. The camp and adjoining area will be cleaned of any debris that may have blown from the campground. Motion carried unanimously. Mr. Fornell's recommendations of May 11th seemed to reflect the con- cepts on which the Board wished to base a "Free Standing Sign" policy to be applied when variances to the Sign Ordinance are considered. However, the Board felt there were other areas in the ordinance which required updating with a special interest expressed for removing the existing non-conforming signs. Motion by Mr. Hiebel and seconded by Mr. Rymarchick to recommend to the Council that the Free Standing Sign Policy as drawn up by Mr. Fornell • be adopted until such time as a revised sign ordinance can be drafted and adopted. Motion carried unanimously. Board members felt June 6th would be a preferable date for the joint Board/Council dinner meeting and Mr. Fornell will take reservations for the event as well as for the Land Use seminar on June 22nd. There were several references to complaints referred to the Board mem- bers from residents regarding an overzealous enforcement of the City's regulations dealing with garage sale signs and Mr. Fornell reported he was in touch with the Police Department regarding the matter. Motion by Mr. Letourneau and seconded by Mr. Marks to adjourn the meeting at 10 : 15 P.M. Motion carried unanimously. Helen Crowe Secretary (5)