HomeMy WebLinkAboutPL MINUTES 12162003 Meeting Sheet
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Box: 34
Folder: PL MINUTES AND AGENDAS 2003
Document: PL MINUTES 12162003
CITY OF ST. ANTHONY
3 PLANNING COMMISSION MEETING
4
5 December 16, 2003
6 7:00 p.m.
7
8 I. CALL TO ORDER.
9 Chair Melsha called the meeting to order at 7:00 p.m.
10
11 II. PLEDGE OF ALLEGIANCE.
12 Chair Melsha invited the Council and the audience to join in the Pledge of Allegiance.
13
14 III. ROLL CALL.
15 Commissioners present: Chair Melsha; Vice Chair Stille, Commissioners Hanson,
16 Hoska, Steeves, Stromgren, and Tillman.
17 Absent: None.
18 Also present: Assistant City Manager Susan Hall.
19
20 IV. PUBLIC INPUT.
21 Hearing no comments, Chair Melsha moved forward with the agenda.
22
23 V. APPROVAL OF AGENDA.
JPChair Melsha indicated that a concept review regarding Ali's Mini Mart located at 3259 Stinson
2 had been added to the agenda.
26
27 Motion by Commissioner Tillman, second by Commissioner Hoska, to approve the meeting
28 agenda with the change above.
29
30 Motion carried unanimously.
31
32 VI. MEETING MINUTES.
33 6.1 Review and Approval Planning Commission Minutes of November 18, 2003.
34
35 Motion by Commissioner Stille, second by Commissioner Tillman, to approve the Planning
36 Commission meeting minutes of November 18, 2003.
37
38 Motion carried unanimously.
39
40 VII. COMMUNICATION WITH CITY COUNCIL.
41 7.1 Designate a Planning Commission member to the January 6, 2004 City Council
42 Meeting.
43
44 Chair Melsha indicated that he would attend the next City Council meeting on January 6, 2004.
45
VIII. PUBLIC HEARINGS.
8.1 Rod Rabine, 2800 34`'Avenue NE, Request for addition to front of home: (a) lot
48 coverage variance: and, (b) front yard setback variance.
Planning Commission Meeting Minutes
December 16, 2003
Page 2
Rod Rabine, 2800 34`h Avenue NE, is requesting two variances to complete an addition to
2 the front of his home. She explained that the first variance request is for lot coverage; the
3 proposed addition exceeds the allowable maximum of 35 percent in the R-1 single-family
4 zoning district by 2 percent. According to the petitioner, the project will put the total lot
5 coverage over by approximately 220 square feet. With the proposed addition, the lot
6 coverage would measure 3,895 square feet and the lot measures 10,500 square feet, for a
7 total of 37 percent lot coverage.
8
9 Ms. Hall explained that the second variance request is for the front yard setback because
10 the proposed addition would encroach into the front yard by ten feet. In the R-1 single-
11 family zoning district, the front yard must have a depth equal to the greater of 30 feet or a
12 distance equal to the average of the front yard depths of the two adjacent lots. Given this
13 formula, staff went to the subject property to measure the adjacent two lots. Staff found
14 that the east property(2804 34`h Avenue NE) measures 30 feet from curb to home and the
15 west property(2712 34' Avenue NE) measures 35 feet from curb to home. An average of
16 the two adjacent lots is 33 feet; therefore, the subject property should have this depth at a
17 minimum. The petitioner is proposing to extend 10 feet out from the current front of
18 home, or a 10-foot variance request, which would leave a 23-foot front yard setback.
19
20 Ms. Hall further explained that the petitioner is requesting two variances be granted for a
21 240 square foot addition to the front of his home. The addition includes a handicap
accessible front entry and a handicap bathroom on the main floor. The petitioner explains
the hardship is his mother who stays with his family on occasion; she is in need of the
24 handicap accessible entry and bathroom. While the petitioner's application contains
25 front yard measurements on a hand drawing, staff verified the subject property in relation
26 to the neighboring lots, because of the formula for the front yard setback in the zoning
27 code. The measurements on the hand drawing are not reflective of staff s interpretation;
28 however, the petitioner is in agreement with city staff at this point.
29
30 Mr. Rabine provided a drawing of the proposed addition and reviewed it with the
31 Commission.
32
33 Chair Melsha asked if the proposed bathroom would be located where an existing
34 bedroom is located.
35
36 Mr. Rabine indicated that it would be and then said that they would be using
37 approximately eight(8) feet for the handicapped accessible shower and toilet. Mr.
38 Rabine indicated his main concern is to be able to provide handicapped accessibility to
39 his home to allow his elderly parents to stay with him for extended stays and, should his
40 father pass away,his mother would live with them.
41
42 Commissioner Tillman asked if Mr. Rabine had considered adding onto the rear of the
43 home.
16 Mr. Rabine indicated that all the plumbing is in that location and he was attempting to
46 keep costs down by making the construction as easy as possible.
47
Planning Commission Meeting Minutes
December 16,2003
Page 3
Commissioner Tillman suggested adding the bedroom out the back of the home.
2
3 Chair Melsha asked if Mr. Rabine had considered putting bedroom on the back and
4 leaving the proposed bathroom in front to be easily accessible to the existing plumbing.
5
6 Mr. Rabin indicated he could consider it but said he would still need the lot coverage
7 variance. He then said that he understood the ordinance but thought he was asking for
8 only five(5) feet and has found he is asking for(10) feet.
9
10 Mr. Rabine indicated he had talked to one of his neighbors who has a garage on the side
11 and they are not concerned about the proposal.
12
13 Chair Melsha commented that the property is unique as it does not have an attached
14 garage and the driveway is quite long to extend to the back of the property where the
15 garage is located. This,he feels, constitutes a hardship when it comes to figuring in lot
16 coverage. He further commented that the Commission has found hardship for other
17 homes with garages set back on the property.
18
19 Commissioner Hoska indicated there was a pine tree in the front and asked whether that
20 would be left.
21
0 Mr. Rabine indicated the tree would stay.
24 Mr. Hoska commented that the tree may break up the space a little bit and make the 10
25 foot variance not so big.
26
27 Mr. Rabine indicated there is a large tree in the middle of the back yard and it would
28 harm the roots of the tree to dig back there but he needs to make this accommodation for
29 his parents so he would be open to exploring the option of expanding out the back.
30
31 Commissioner Stromgren asked whether the drawing showed an all new roof structure.
32
33 Mr. Rabine indicated the roof structure would be new from the peak.
34
35 Marilyn Jetnik of 2712 34`�Avenue indicated she was aware that the addition was in the
36 works but she does have issues with it. She then said that she had contacted Staff to
37 discuss the lot coverage variance request. She further commented that the home is over
38 2000 square feet on the main floor and the lot is small so she is concerned with the lot
39 coverage.
40
41 Ms. Jetnik indicated that she has lived in St. Anthony for a long time and there are water
42 issues that the City has been working on and she is concerned that she is down grade
43 from this home and is worried that the runoff will flow to her property causing her
0 problems.
Planning Commission Meeting Minutes
December 16, 2003
Page 4
Ms. Jetnik indicated her second issue is that when the homes were built originally people
2 were able to pick their address with no rhyme or reason so she is 2712 and they are at
3 2800 right next door which makes it hard for people attempting to locate her home. She
4 then commented that the proposal would put their house out in front of hers and anyone
5 coming down the street would not be able to see her home.
6
7 Ms. Jetnik indicated that the addition out the front of this home would destroy the view
8 of her home from the street as a person travels down. She then said that there are other
9 alternatives and asked that the Commission consider her concerns as she feels this is too
10 much of a variance to grant.
11
12 Commissioner Hoska asked if there would be room to add on out the back and stay away
13 from the existing tree in the back.
14
15 Mr. Rabine indicated that the tree was approximately 15 feet from the home.
16
17 Chair Melsha closed the public hearing at 7:22 p.m.
18
19 Chair Melsha indicated that he felt the lot coverage variance could be supported due to
20 the uniqueness of the property because of the long driveway and garage that is set back
21 on the property.
0 Commissioner Stromgren indicated that the ramp, if made from pervious material,would
24 not have to be counted toward lot coverage.
25
26 Commissioner Tillman indicated that she was not concerned with the lot coverage as the
27 ordinance was recently changed to accommodate smaller lots to up to 40% lot coverage
28 and this would be 36 or 37%.
29
30 Commissioner Tillman indicated she is a little concerned about the front yard variance as
31 she is not certain that the criteria can be met because it is possible to go out the back or
32 add a second level.
33
34 Commissioner Steeves commented that the most essential setback is the front setback
35 from the street as that is what gives the street its look. He further commented that going
36 this distance forward of the other homes on the street would change the way the street
37 looks and he would not support it. He then said that it seems there would be a way to add
38 the bedroom off the back and have the bathroom in the front near the existing plumbing.
39
40 Commissioner Stromgren indicated that the Commission needed to consider future
41 neighbors not just those living next door now as well as whether the addition would
42 adversely impact the value of the neighboring property. He then commented that there
43 are other options for accommodating the additional bedroom such as moving the
applicant's son downstairs to allow the elderly parents to remain on the main level or
adding a bedroom off the back. He further commented that he sympathized with the
46 applicant but feels there are other options to accomplish the goal.
Planning Commission Meeting Minutes
December 16, 2003
Page 5
Commissioner Hanson indicated he had issues with the front yard setback for the same
2 reasons.
3
4 Commissioner Hoska indicated he could go five feet but feels the 10 feet is too far and
5 the homes should remain consistent with the neighboring homes. He then said that it
6 may be possible to reconfigure the addition to allow for an expansion out the back and
7 still have the bathroom located next to the bedroom.
8
9 Motion by Chair Melsha, second by Commissioner Steeves,to recommend approval of
10 the request of Rod Rabine for a 220 square foot addition to the home at 2800 34'Avenue
11 NE, resulting in a 2% lot coverage variance based on the rationale that strict enforcement
12 of the Code would cause undue hardship as the property cannot be put to reasonable use
13 without a variance because the driveway covers an unusual amount of property which is a
14 condition that preexisted the enactment of the Zoning Code.
15
16 Motion carried with one abstention.
17
18 Vice Chair Stille did not vote on this matter.
19
20 Motion by Commissioner Stromgren, second by Commissioner Hanson to recommend denial of
21 the front-yard setback variance based on the rationale that the variance would alter the character
0 of the surrounding properties and the neighborhood.
24 Motion carried unanimously.
25
26 Chair Melsha indicated he would be attending the January 6, 2004 Council meeting where this
27 recommendation would be considered. He then recommended that the applicant consider
28 alternative plans and have them available at that meeting.
29
30 Mr. Rabine asked whether there were any issues with the ramp in front of the home.
31
32 The Commission indicated there were no issues with the ramp.
33
34 Mr. Rabine asked whether he could proceed if the alternate plan did not require a variance.
35
36 Chair Melsha indicated the City Council still needed to approve the lot coverage variance.
37
38 IX. INFORMATION AND DISCUSSION.
39 9.1 Concept Review Proposed Expansion of Mini Mart
40
41 Susan Hall indicated that this is a review and discussion on the concept plan for Ali's Mini Mart,
42 3259 Stinson Boulevard. With the proposed plan, the petitioner has filed conditional use permit
43 and variance applications. Griffin Contracting filed the applications for Ali Shauna earlier this
16 month. The public hearing will be held at the January 20, 2004 Planning Commission meeting.
46 Ms. Hall indicated that the petitioner is looking to add pump islands and extend the canopy,
47 which will double the area for pumping. With the proposed plans, the petitioner has filed a
Planning Commission Meeting Minutes
December 16, 2003
Page 6
variance application for the parking requirement, as their plans do not show enough parking.
2 The City's commercial zoning code requires 9.8,or 10,parking spaces for the site, which is one
3 space per 300 square feet of gross floor area, which is 2960 square feet. The petitioner's plan
4 shows five spots,plus two specifically designated as employee parking. City ordinance does not
5 specify for whom the parking spaces are designated. The petitioner has commented that there
6 are 8 parking positions at the islands. Staff has relayed to them that those spots would not count
7 toward the required 10 parking spaces.
8
9 Ms. Hall indicated that, according to City code,parking spaces must be at least 9 feet by 19 feet
10 and must be clearly marked and outlined. Currently, at the subject property, the petitioner told
11 Staff the parking spaces are not clearly marked and outlined. Currently, there is not a
12 handicapped parking space at the site, which is also a requirement. Finally,parking is not
13 allowed in the right of way,which is currently occurring.
14
15 Ms. Hall indicated that, according to the City's code,parking is prohibited in the following: (a)
16 within five feet of a side lot line; (b)within 10 feet of the front property line; and (c)within 10
17 feet of the rear lot line. Also, when a commercial property, such as this, abuts residential areas,
18 it is unlawful to park a vehicle or provide a parking space closer than 20 feet. Residential
19 housing is at the southern(side) line of the subject property and at the eastern (rear)property
20 line. The other two sides are roadways.
21
Ms. Hall indicated a conditional use permit is required for the gas station use in the commercial
zoning district. Staff could not locate in City records the original conditional use permit;
24 however,the City Manager felt the proposed changes to the site were significant enough to
25 warrant going through the public process for review of potential conditions.
26
27 Ms. Hall indicated the proposed plan meets all other City code requirements as far as setbacks,
28 floor area ratio, etc.
29
30 Bruce Madsen, of Griffith Contracting, reviewed the proposed expansion plans with the
31 Commission. He then indicated that he feels the proposal would enhance the property and allow
32 customers to flow more quickly through the business.
33
34 Mr. Madsen indicated that they feel that the fueling station parking spots should be counted
35 toward the City requirement as vehicles are parked there to fuel and run in to pay or buy coffee.
36
37 Chair Melsha noted that three members of the Commission would not be on the Commission
38 next month. He then said that he feels that the 33'Avenue entrance could be an issue as there is
39 not much room to maneuver in the area.
40
41 Mr. Madsen indicated that there have been issues with the parking in that area.
42
43 Chair Melsha indicated that he is concerned with adding additional pumps putting them so close
to the store and creating more congestion on the site.
46 Mr. Madsen indicated the owner of the property has gone to the expense of adding credit card
47 readers to move people through faster and would like to have the 8 additional pumps.
Planning Commission Meeting Minutes
December 16, 2003
Page 7
2 Commissioner Steeves indicated that credit card readers could be added to the existing pumps
3 without adding the additional pumping stations.
4
5 Mr. Madsen asked the Commission to consider that the property owner is spending money to
6 improve the site and make it easier for customers. He also commented that the lighting would be
7 improved.
8
9 Commissioner Stromgren indicated the lighting would need to be reviewed to ensure that it
10 meets the requirements and does not negatively impact the adjacent residential properties.
11
12 Mr. Madsen indicated that the lighting would be low lighting.
13
14 Chair Melsha commented that adding the additional pumps would make it easier for the gas
15 customers but it eliminates parking spaces for the non-gas customers. He then said that the
16 proposal seems to further exacerbate the parking issues on the site making the problems worse.
17
18 Vice Chair Stille expressed concern for pedestrian safety with bringing the pumps closer to the
19 store and making less room available for traffic to flow through and cars being closer to the front
20 door.
21
Mr. Madsen indicated that the clearance at other locations within the City is less than proposed
it at this site. He then said that the distance from the island to the sidewalk would be 24 feet.
24
25 Commissioner Steeves indicated that if someone parked at the handicapped space and someone
26 was at the first fueling station there would be no room to get through.
27
28 Mr. Madsen agreed but said the handicapped stall is not used very frequently so would be open
29 most of the time.
30
31 Commissioner Tillman indicated that she is a frequent shopper at this station and there are
32 always parking issues and people have to back up out into the street to get out.
33
34 Commissioner Stromgren indicated that he would rule out parking on the east side as there is
35 already less than half the required setback.
36
37 Commissioner Hanson suggested having 6 pumping locations rather than the 8 as he does not
38 feel that the site can accommodate the parking and additional gas traffic. He then suggested two
39 single pumps and the big island moved out as a way to get the 6 pumps and said he is not
40 comfortable with adding 8.
41
42 Mr. Madsen indicated that it would be a major expense to move the island.
43
Commissioner Hanson commented that if there were no pumps on the side closest to the store it
16 would open it up and prevent issues with the front door. He also indicated the canopy would not
46 need to be as large.
47
Planning Commission Meeting Minutes
December 16, 2003
Page 8
X. ANNOUNCEMENTS.
2 Commissioner Tillman thanked the outgoing Commissioners for their service and indicated she
3 has enjoyed working with them.
4
5 Commissioner Hanson wished Vice Chair Stille good luck on Council and thanked the other
6 outgoing Commissioners for their service, especially Chair Melsha for his time serving as chair.
7
8 Commissioner Stromgren wished Ms. Hall best wishes on the upcoming birth of her child and
9 offered thanks and well wishes for the outgoing Commissioners.
10
11 Commissioner Steeves indicated he has enjoyed the opportunity to serve the City but will enjoy
12 the opportunity to have more time with his family.
13
14 Chair Melsha indicated that he has enjoyed his tenure as chair and thanked Ms. Hall for her
15 assistance.
16
17 Commissioner Hoska extended best wishes to Ms. Hall and then congratulated Mr. Stille on his
18 election to Council. He also thanked Chair Melsha and the other outgoing Commissioners for
19 their service to the City and informed them that he had been reappointed to the Commission and
20 is glad he will be able to see the Apache project through.
21
Vice Chair Stille wished Ms. Hall good luck and said he will be happy to have her back after her
leave. He then encouraged Commissioners to take advantage of training courses available
24 through the Government Training Service, as he feels they are invaluable as a tool for helping
25 them serve the City as Commissioners. He then thanked Chair Melsha and the outgoing
26 Commissioners for their service.
27
28 Ms. Hall thanked the outgoing Commissioners and said she looked forward to working with the
29 remaining Commissioners when she returns from her leave.
30
31 XI. ADJOURNMENT.
32 Motion by Commissioner Stromgren, second by Chair Melsha, to adjourn the meeting at 8:03
33 p.m.
34
35 Motion carried unanimously.
36
37 Respectfully submitted,
38
39
40 Joan Lenzmeier
41 Timesaver Off Site Secretarial, Inc.
42
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