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HomeMy WebLinkAboutPL MINUTES 06211977 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 105660 Box: 35 Folder: PL MINUTES AND AGENDAS 1977 Document: PL MINUTES 06211977 CITY OF ST. ANTHONY PLANNING BOARD MINUTES June 21, 1977 The meeting was called to order at 7 : 33 P.M. by Richard Rymarchick, Chairman Pro Tem. Present for roll call: Cowan, Letourneau, Rymarchick, Bowerman and Marks. Also present: Jim Fornell, Administrative Assistant Larry Vickrey, City Attorney Motion by Mr. Bowerman and seconded by Mr. Letourneau to approve the minutes for the May 17 , 1977 Board meeting. Motion carried unanimously. Mr. Marks then added an aside to these minutes by commenting on the • error he had found in the minutes for the Council 's meeting May 10, 1977 where reference to the presentation of a plaque to Roger Bjorklund was incorrectly reported to have been during a performance of the City orchestra and for service to that organization. The correct de- signation should have been the St. Anthony High School Band. �At 7: 38 P.M. , Mr. Rymarchick opened the Public Hearing to consider a petition from Mr. and Mrs. James Koski for a side yard variance which will leave only 13 feet of side yard or two feet less than that re- quired by the City Zoning Ordinance. Mr. Fornell attested that all notification requirements for the Public Hearing had been met; the application fee of $15 .00 had been paid; the property owners' letter of application was attached to the Agenda and a June 29th letter from Leo Lorbeski, a neighbor, had been distri- buted to the Board. He explained that the addition would leave the required 5 feet on the north side yard with 8 feet on the south side yard. The zoning ordinance requires a total of 15 feet of side yard. With the addition there will be a front yard set back of 33 feet, which more than meets the City requirements . Kay and James Koski were the only persons present to speak about the proposal. They told the Board that the roadbed on the private alley they share with 5 other homeowners is breaking up and it will cost approximately $6 ,500 to resurface it. Two of the owners are economical- ly unable to participate in this improvement project, Mr. Koski said. • In addition, because he leaves for work at 5:30 A.M. the job of open- ing the alley during the winter has fallen on him over the years he has lived there. There is no maintenance agreement with the purchase agreement for the property, Mr. Koski assured Mr. Bowerman and he in- tend to remove the blacktop from his portion of the alley if he is allowed to build a new garage. The downward slope of his backyard makes it impossible to place the new structure there. In his letter of inquiry to the Board, the Koski' s neighbor to the north, Leo Lorbeski, 3321 Croft Drive, questioned whether the addition might affect the value of his property. Mr. Cowan who lives in the neighborhood said he understood Mr. Lorbeski was concerned that the addition' s protrusion 3 feet in front of the Koski residence might cut off his view since his house is farther back than the Koski' s present front yard set back of 36 feet. Mr. Cowan said Mr. Lorbeski has an undersized lot and his is still upset because the City wouldn't let him build his garage on the side of his home. There will be 6 feet between the driveways on the Koski and Lorbeski properties and the latter' s driveway now drains into Mr. Koski 's back yard. Mr. Koski said he will be willing to work with Mr. Lorbeski to match the grade of his driveway. He said this was the first time Mr. Lorbeski has voiced any reservations about the project although he -has shown the plans to him many times- Mr. Marks said he felt the hardship to the Koski' s had been illustrated • by the nature of the alley in back and didn' t feel the addition would adversely affect the Lorbeski property since it would be well within the required front yard set back. Mr. Bowerman agreed saying he felt the grade changes would be minimal since the garage will be the same grade level as the Koski house. Mr. Rymarchick felt this was a reasonable request since the improvement still maintained the 5 foot side yard set back and the grade slope would not adversely affect anyone else's property. Mr. Letourneau was concerned whether the garage might block the neigh- bor's view but voted for a recommendation for approval because the front yard set back surpassed City requirements . Motion by Mr. Marks and seconded by Mr. Bowerman to recommend to the Council approval of the Koski request that a variance to the total side yard requirements for the property at 3317 Croft Drive be granted which will allow a new garage to be attached to the front of the existing residence because hardship had been proven by Mr. Koski. Motion carried unanimously. Mr". Rymarchick agreed to represent the Board at the Council meeting on June 28th. (2) • ,."the Public Hearing was opened at 8 :04 P.M. for consideration of the Development Concept Phase of the Planned Unit Development application for lots 10-16 , Block 6, Mounds View Acres, Second Addition. Mr. Fornell attested that the applicant, Gordon Hedlund, had met the submission requirements and paid the $300.00 application fee. He told approximately a dozen residents who were present at the Public Hearing scheduled for May 17 , 1977 had been deferred to this evening for com- pletion of the submission requirements. None of the residents reported not receiving a notice of the hearing but after the hearing was over Bob Groothius said he had recently moved into 3909 Penrod Lane and wanted future notices of pertinent public hearings sent to him. Mr. Hedlund and his consultants, John Daubney, an attorney and Carl Dale, a planner discussed the application with Mr. Dale telling what changes had been made in the current application. Among these he suggested flexibility regarding the division of the southernmost re- sidential lot to allow a greater amount of backyard for the existing structure which Mr. Hedlund proposes to convert to a beauty shop. The easterly portion of this lot which is to be developed for a single family residence could range from 80 to 120 feet deep the latter amount being that of the other 9 'single family dwelling lots proposed to be built along Penrod Lane. The planner suggested the front yards of these residences should be reduced from 30 feet to 25 feet, thereby providing a greater distance between the residences and the commercial development along Silver Lake Road. All the new homes will be built • in accordance with City ordinances, he said. None of the three large commercial buildings shown in his slide pre- sentation will exceed 6,000 square feet, Mr. Dale said, and except for rooftop utilities which will be placed on the west side of the buildings, none of the buildings will exceed 12 feet in height. Pro- vision is made for 95 off street parking spaces , at this time; the exact need will be determined by the types of business which will occupy these buildings. Mr. Dale said the northernmost of the three buildings would be reduced in size in order that access might be pro- vided to the properties north of the Hedlund property and a permanent easement would be granted to accomodate "a logical extension of the Hedlund plan to these properties" . Mr. Dale said no more than 57% of the project will be dedicated to the commercial usages listed in the plan and the developer said occupancy permits will govern the types of business which will go into the development and these will be subject to staff review and controlled by the Council under the occupancy permit procedures which will be forthcoming under the second state of the plan. No more than 50% of any building will be used for "C" purposes and none of the buildings will be a free standing restaurant. Screening of the commercial area from the residential will be provided by the commercial owners on the commercial land when need is presented when the • (3) • buildings are developed. Mr. Dale described the buffer area's pro- posed development with an estimated 20 foot section between the com- mercial and residential containing a chain link fence and a configura- tion of wood fences and tree and shrub plantings designed to guard the residential area from all noises and lighting emanating from the commercial development or Silver Lake Road. All landscaping which is required will be subject to City controls regarding maintenance. Sidewalks or walkways will be installed as the City may request. Separate documents will be provided to give the City very stringent controls over the traffic patterns , lighting and pollution as well as signage designed for individual business identification, all of which must be approved by the City Council. Focused lighting of the parking lots will be only 0 .2 candle power at the lot line. Mr. Dale continued by saying 4 of the residential dwellings should be under construction before any of the commercial building is started and no new business will be allowed to start before the landscaping is completed. The existing house on the Silver Lake Road will be re- modeled and an occupancy permit granted after two of the other homes are under construction. Mr. Dale told Mr. Bowerman they wanted the options left open regarding the disposal of the residential lots and didn't want to agree to have all the residential dwellings erected prior to the construction of the commercial buildings for fear an undeveloped lot might hold up the commercial buildings construction. Mr. Bowerman then questioned • whether the percentage requirements might then not be met and the planner said there was little probability of that happening with 4 homes under construction. Mr. Cowan and Mr. Letourneau were concerned with the architectural similarity of the new residences fearing they might be "tract houses" . Mr. Dale said the City may rule on the architectural styling and Mr. Daubney said the price of the lots which Mr. Hedlund estimates will be $10,000.00 , will govern the type of home which will be built. The attorney said he would anticipate the homes would be within the $45,000 to $50,000 price range. The City Attorney said the City would be able to see the plans for the houses before they are built. Mr. Marks said he did not feel it would be in the interest of the City to shorten the depth of the southernmost residential lot to accomodate the commercial on the western portion. He pointed out that, though there will be two entry ways for fire trucks to reach the first two buildings along Silver Lake Road, there will be only one access to the northernmost building and there is 50 feet distance between the front of that building and the curb of Silver Lake Road. Mr. Rymarchick suggested a different scheduling for the construction of the commercial buildings with the residential, Mr. Daubney said he would agree to 8 houses being built prior to the two commercial build- ings, but feared the third structure might be held up. • (4) • Mrs. R. E. Pettijohn, 3913 Penrod Lane, could not see why double bungalows weren't as feasible along Silver Lake Road as they were on 37th Avenue across from American Monarch. She said after living in such a building in that location she would much prefer the same ac- comodations along Silver Lake Road. She doubted the need for more commercial development citing the available commercial and professional office space now available in the area. She then asked that the basement in the Hedlund structure which had burned across the street from her home be filled in as a safety measure for the children in the neighborhood. Also in opposition to changing the zoning of the Hedlund property was Nicole Tomas, 4029 Penrod Lane. In Mrs. Chester Nelson' s objections which were read by Mr. Rymarchick, Mrs. Nelson said she felt the Hedlund property was more valuable to the City as it is presently zoned, because of the need for more residences. Ruth Thompson, 3015 39th Avenue N.E. , said she would be resigned to the plan being implemented if she could be assured there would be ad- herence to all the requirements but feared the maintenance of this project would be enforced no better than that agreed to by the Herfurth Realty Company where the "landscaping is zilch" . She said she would rather have the beauty shop property only 80 feet deep believing the residential property to the west would be maintained better by its • owner. She disapproved of the manner in which the commercial uses were listed by the applicant and felt all commercial uses with odors should be prohibited and wanted no food service of any kind at all allowed in the project. Katherine Cooper, 3908 Macalaster, agreed that a restaurant would be unacceptable because of the hours of operation and a drive-in because of the traffic it would generate. She wanted the zoning to remain residential. Her husband, Richard, felt the new proposal was just "warmed over" and said 57% commercial usage did not fit the 20% allowed under the P.U.D. which was so recently established by the Council. He said "any restaurant or drive-in could easily fit into 50% of any of the three buildings" . George Thompson wondered what would prevent the existing structure on the southernmost lot being moved onto the smaller residential lot above it. Mr. Fornell told the Board that the staging of the construction had been a point of debate with the planner and that portion of the appli- cation document had been changed from its original wording at the May Public Hearing. The Public Hearing was closed at 9 : 26 P.M. • (5) i • The two absent Board members, Heibel and Johnson, had submitted written comments in basic support of the proposal and these were con- sidered in the discussion of the Board which followed. Mr. Cowan said he thought the plan was well planned and thought out, but agreed with Mr. Johnson that roof top mechanics should be elimin- ated, financial capability should be better established and residential development should be completed before non-residential buildings are started with the screening in and complete before the commercial build- ing is begun. Mr. Letourneau wanted all residential buildings completed before the commercial is started and said he was apprehensive about the way every- one kept referring to only "commercial" , eliminating the service office usage. He was skeptical about how faithfully the project would be maintained. He later voted against the proposal because he felt "there were too many details which had not been worked out" . Mr. Bowerman wanted to be sure that the 10 residential houses "are going to happen" before the "B" and "C" portion of the plan on Silver Lake Road is built and that adequate provisions have been made for screening and plantings. Mr. Marks agreed with the residents that the southernmost residential property along Penrod should have substantially the same back yard as • the rest of the single family dwellings and a 30 foot front yard maintained. He believed that proper buffering of the residential por- tion would provide 100% opaquity which he felt would be better pro- tection than empty lots. The term in the application "under construc- tion" referring to the single family dwellings was too nebulous and Mr. Marks supported the concept that if 4 houses were constructed first there might be an irreversible basis for the easterly portion of the tract remaining residential. The Board member said his own experience as a homeowner on Silver Lake Road led him to believe this plan might provide a better barrier for the residential along Penrod as well as better usage of land than a residential development of the land along Silver Lake Road. He did not feel comfortable with using housing for the elderly for such a buffer. Motion by Mr. Marks and seconded by Mr. Bowerman to recommend to the Council approval of the Development Concept Phase of the Hedlund P.U.D. application with the following changes : COMPONENTS: V Nuisance control component (C): delete "roofs" and add "meters on west side of buildings" and make both subject to City approval. VI Scheduling Component (B) : At least 4 new single family homes shall have been constructed and 4 other new homes • under construction and landscaping in before commercial is started. "Constructed" is to mean basement blocks in floor poured" . (6) I • VI (C) : the existing house will be remodeled and occu- pancy permit granted under the same provisions as under scheduling component "B" . VI (D) : Change "Occupancy Permit" to "Building Permit" but stipulate that the screening could be delayed until the walls of the commercial buildings are up, if there is a; danger of damage to the screening by heavy equipment. OTHER CONDITIONS SPECIFIED: 1. Positive proof of financial capability to complete the project shall be required in the Detailed Plan. 2 . Land and floor area will be by business. 3. Uses to be Prohibited: All Conditional Use prohibi- tions of the City Zoning Ordinance shall be included in this listing except drive-ins and liquor stores or or lounges prohibited. 4. The southernmost residential lot along Penrod Lane must be 100 rather than 80 feet deep to comply more closely to the adjoining Holien lot. • 5. The free standing sign which will identify the center is planned to be no more than 32 square feet and no more than 8 feet in height and will be subject to City approval. Mr. Rymarchick reminded Mr. Dale that there may be a new sign ordinance which might have an effect on this decision. Voting on the motion: Aye: Marks, Bowerman, Rymarchick and Cowan Nay: Letourneau Motion carried. The meeting was recessed at 10:05 P.M. and during that period Mr. Vickrey left. At 10:16 P.M. Mr. Rymarchick opened the Public Hearing on the petition for a front yard variance to the City Zoning Ordinance which will per- mit construction of an addition to the Berger Transfer and Storage, Inc. building at 37th Avenue N.E. and Macalaster Drive. Mr. Fornell attested that all notification requirements had been met and offered a copy of the Board' s April 19th, 1977 minutes as reference • (7) • regarding the Board's action regarding the side yard variance sought by Berger for the same addition. The Administrative Assistant told the Board the variance request was for half of 9 feet 5 inches, which would be the average of the setbacks of structures on adjacent lots . William Dircks of Berger said his company had expected to be able to expand their existing building when it was constructed and the new zoning ordinance now restricts such action. He said three firms : Control Date, Burroughs and Zerox have contacted to lease the addition and the additional cubic footage is essential to accomodate the large containers those companies plan to store there. Mr. Dircks said if the request is not granted, his company will have to build the facility elsewhere and that will result in an economic hardship for them. The Berger manager said both the front yard and side yard variances will be necessary to build the required size addition. The Board considered the May 31, 1977 letter from Jack Fortman, Presi- dent of Galaxy Enterprises who operate the Auto Trac next door to Berger at 3009 37th Avenue N.E. , who said he feared the new addition to berger might cause loss of identification for Auto Trac and asked that if the new addition were allowed to protrude further than his building, Galaxy be granted a variance to the sign ordinance which will permit them to erect a sign perpendicular to the Auto Trac building to provide better business identification. Mr. Dircks said he would be willing to make a jog in the configuration • of the Berger addition if the City staff ascertained it might be necessary to avoid a traffic hazard for vehicles leaving Auto Trac and to prevent the loss of business identification for that company. Mr. Marks questioned the validity of the claim of hardship saying there is "no inherent right to improve to make it more economically valuable, especially in view of the high density of the buildings in the area with the addition" . Mr. Letourneau said he didn't know how Berger could contract for space they didn't have. Mr. Rymarchick disagreed with Mr. Mark 's interpretation of what con- stituted "hardship" and what was "an inherent right to enjoy your pro- perty and improve it" . He did not feel this land usage was adverse to the commercial nature of that particular location. Mr. Marks stated that "property has no inherent right to zoning" and that undeveloped land can be down-zoned. Motion by Mr. Bowerman and seconded by Mr. Cowan to recommend for ap- proval by the Council the variance for a front yard set back repre- senting the average of the set backs of the adjacent lots with variable - construction of the southwest corner of the Berger addition to provide visibility to be determined after an evaluation of the site by the staff. • Voting on the motion: (8) • Aye: Bowerman, Cowan, Letourneau and Rymarchick Nay: Marks Motion carried. Randy Mickelson, 3917 Foss Raod, appeared to discuss the probability of being allowed to convert the duplex at 3821 Foss Road to a triplex. The property which is owned by Jeffrey H. Olson is non-conforming at the present since it is zoned Light Industrial. Mr. Vickrey had noted to staff that the building might be considered not "manifestly de- signed" for such a conversion and said rezoning might be necessary to allow the improvement. Mr. Mickelson is to give his decision regarding how he wants to proceed with the request at the next Council meeting a-nd no formal action was taken by the Board. The May 23 , 1977 letter from First American Care Facilities regarding the retirement apartments across from Apache was noted. ;­ Bernard Blanske appeared to seek concept approval for his plans to ex- pand the St. Anthony Millworks at 3903 Foss Road for rental space. He presented a drawing of the proposed addition and discussed with the Board the facade of the structure, as well as parking and improvements he proposed to make to the existing building. Mr. Rymarchick said the idea seemed reasonable but the City would have to have more details • to be certain the improvement would not be adverse to the welfare of the community. Mr. Marks felt the Board should take no action until more specific plans were submitted. Motion by Mr. Bowerman and seconded by Mr. Cowan to indicate to the Council the Board 's concept approval of the expansion of the building owned by Bernard Blanske at 3903 Foss Road contingent upon review of all site plans, final drawings and elevations upon which the construc- tion is planned. Voting on the motion: Aye: Bowerman, Rymarchick, Letourneau and Cowan. Abstention: Marks. Motion carried. "�K_ifford E. Kommendahl, Vice President of Vanman Construction Company, P Y. 258 Humboldt Avenue North, Brigadier William Kish, 1516 West Lake Street, of the Salvation Army and James Brown who manages the Salvation Army Camp at 2950 W. County Road E, appeared to discuss a proposed building for a gym, swimming pool and assembly room to be erected on the St. Anthony campgrounds. Mr. Cowan advised them that the usage was outside the City Ordinance • provisions for the R-1 zoning of the property and the Board recommend- ed that the applicants appear before the City Council to discuss the feasibility or either a modification of the R-1 classification or re- (9) zoning the camp to the new ROS classification under the new City . Zoning Ordinance. Pertinent excerpts of this ordinance were given them by Mr. Fornell to aid them in making a decision as to what form of action they might follow. They were also to investigate the State regulations regarding building a structure of the proposed size near a lake. Dick Gay of Gay Realty and Harry Schroeder of Schroeder Associates ap- peared to request a building permit for a 7,000 square foot and 17 foot high building they propose to erect on Lot 4 , Block 1, Henkel Addition (approximately 3825 Chandler Drive) for Garment Graphics, a firm presently housed in the Donatelle building at 3829 Chandler Drive. Neil Hamlin, 2497 Brenner Avenue, Roseville, of Garment Graphics said the building will house an office and a silk screening plant and there will be 14 employees for which 26 parking spaces will be provided. Mr. Hamlin replied to Mr. Cowan's question about the odors inherent to his industry by telling him he works with inks rather than paints and is in compliance with all pollution standards. Mr. Fornell said there have been no complaints to his knowledge about their present operation. Mr. Schroeder presented the site plans for the building and described the energy efficient structure which will be constructed of wooden walls and sprinkled. Landscaping plans for the building were also dis- cussed. The site plan was in conformance with the zoning ordinance. • Motion by Mr. Cowan and seconded by Mr. Letourneau to recommend to the Council that a building permit be granted to Garment Graphics (or Gay Realty) for the proposed building at Lot 4, Block 1, Henkel Addition, since the plans submitted appear to meet all City requirements and building codes and the landscaping proposals are adequate. Motion carried unanimously. Mr. Gay then requested a building permit for one of the buildings in the St. Anthony Office Park for which he had received an indication of approval from the Board the previous month. The item had been left off the agenda. Mr. Fornell had reviewed the proposal and pointed out set back and parking non-conformities. Mr. Schroeder said the building would be built in conformance with all the set backs required for corner lots and would subscribe to minimum parking spaces whether 9 or 10 feet wide. Mr. Gay said there would be no replatting necessary for the project, thus increasing the size of the site. Mr. Rymarchick said he would nevertheless abstain from voting on the request because he did not feel he was able to make an educated de- cision. Motion by Mr. Cowna and seconded by Mr. Marks to recommend approval to the Council for a building permit for the Progressive Management Sales building to be erected on Lots 3 and 4 , Block 3 of the St. Anthony Office Park addition, based upon the site plan submitted. • (10) Voting. on the motion: Aye: Marks, Bowerman, Letourneau and Cowan. Abstention: Rymarchick. a Jim McConkey, 5336 Clinton Avenue, Project Manager of Construction for Poppin Fresh Pies, Inc . , was present to discuss his request of May 19th that he be given reasonable assurance that the proposed improve- ments to the Poppin Fresh Pies Restaurant at 3701 Stinson Boulevard will be given final approval by the City if the parking lot extension is completed this year. The phased plans call for additional parking spaces to increase the parking capability from 54 to 107 vehicles . Within the next two years, Mr. McConkey says the restaurant will be expanded to accomodate 157 dining seats and cooler additions. Motion by Mr. Cowan and seconded by Mr. Bowerman to indicate to the Council that at the present time the expansion of the Poppin Fresh Pies Restaurant would appear to be feasible since it appears to be con- sistent with other buildings permitted by the City in the past but subject to the probability of a Public Hearing being held on the final plans for a front yard variance and suggested landscaping being con- sidered in the final decision regarding the improvement. �_o ion carried unanimously. • oti by Mr. Bowerman and seconded by Mr. Marks to adjourn the meeting at 12 : 12 A.M. Motion carried unanimously. Helen Crow Secretary