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HomeMy WebLinkAboutPL PACKET 04202010 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 104988 Box: 33 Folder: PL PACKETS 2005-2011 Document: PL PACKET 04202010 CITY OF ST. ANTHONY PLANNING COMMISSION MEETING AGENDA TUESDAY,APRIL 201, 2010 REGULAR PLANNING COMMISSION MEETING 7:00 P.M. COUNCIL CHAMBERS I. CALL TO ORDER. II. ROLL CALL. III. PLEDGE OF ALLEGIANCE. IV. APPROVAL OF MEETING AGENDA. V. APPROVAL OF MEETING MINUTES OF JANUARY 19, 2010. VI. COMMUNICATION WITH CITY COUNCIL— NONE VII. PUBLIC HEARINGS. VIIA Variance for Front Yard Encroachment N 3038 Harding Street NE VIII. CONCEPT REVIEWS. WILL PUD Amendment for Signage at SLV — Doran Companies VIII.2. CUP and Variance for Restaurant drive-thru N 2714 Hwy 88 VIII.3 Parking Variance N Marketplace Center, 2720 US Hwy 88 IX. OTHER BUSINESS. NONE X. REPORTS FROM STAFF. NONE XI. COMMUNITY FORUM. Individuals may address the Planning Commission about any item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerks record, and limit their remarks to five minutes. The Planning Commission may refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. XII. INFORMATION AND ANNOUNCEMENTS. XIII. ADJOURNMENT. F:\Planning\PCAgendas\2010\04202010 pc agenda.doc I CITY OF ST. ANTHONY 2 3 PLANNING COMMISSION MEETING 4 5 MARCH 16, 2010 6 7:00 p.m. 7 8 9 I. CALL TO ORDER. 10 11 Chair Jensen called the meeting to order at 7:00 p.m. 12 13 II. PLEDGE OF ALLEGIANCE. 14 15 Chair Jensen invited the Commission and the audience to join him in the Pledge of Allegiance. 16 17 III. ROLL CALL. 18 19 Commissioners Present: Chairperson Jensen; Commissioners Niccum, Cincoski, Poucher, 20 Heinis, Crone, and Chaput. 21 Absent: None. 22 Also Present: Assistant City Manager Kim Moore-Sykes. 23 24 IV. APPROVAL OF MEETING AGENDA. 25 26 Motion by Commissioner Crone, second by Commissioner Heinis, to approve the Planning 27 Commission Meeting Agenda of March 16, 2010. 28 29 Motion carried unanimously. 30 31 V. APPROVAL OF MEETING MINUTES 32 33 Commissioner Chaput requested the minutes be corrected as follows: Page 1, line 37: Motion 34 carried 5-0-1 (Herons Chaput abstained). 35 36 Motion by Commissioner Cincoski, second by Commissioner Poucher, to approve the January 37 19, 2010 Meeting Minutes as amended above. 38 39 Motion carried unanimously. 40 41 VI. COMMUNICATION WITH CITY COUNCIL 42 43 None. 44 45 VII. PUBLIC HEARINGS 46 47 None. 48 49 VIII. CONCEPT REVIEWS Planning Commission Regular Meeting Minutes March 16, 2010 Page 2 1 2 VIII.I. 3038 HARDING STREET—VARIANCE FOR FRONT YARD ENCROACHMENT 3 4 Assistant City Manager Moore-Sykes presented the staff report on the requested variance to the 5 front yard setback at 3038 Harding Street. The property owners are interested in adding a front 6 porch to their house as part of a larger renovation project they are planning. Jeremiah Battles of 7 Acacia Architects contacted staff and asked about the City's front yard setback regulations, and 8 asked if a front porch was possible. In discussing the proposed front porch, it was determined 9 that the residential structure's front foundation wall sits on the edge of the front yard setback. 10 The City's Zoning Ordinance allows for a five foot encroachment into the front yard. Mr. 11 Battles informed staff that their plans provide for a six foot wide porch. He asked about the 12 possibility of applying for a variance to allow for the front porch they are planning because the 13 property owners are looking for a little wider porch to be able to use it. 14 15 Mr. Chuck Bower, 3038 Harding Street, addressed the Planning Commission and stated he has 16 lived in St. Anthony for ten years in the same residence. They are looking at adding space to the 17 home, and one of the key features is the front porch which would have a six foot minimum 18 depth. 19 20 Mr. Jeremiah Battles, Acacia Architects, presented the site plan and aerial image of the variance 21 request. The project is a major remodel and addition to the home. It consists of a second story 22 addition, rebuilt back porch, main level remodel, and new front porch. Mr. Battles explained that 23 the variance request is to allow for a six foot deep open front porch onto the front of the house. 24 This new front porch would have to extend one foot past the five foot front yard encroachment. 25 The front porch will promote interaction between neighbors. Typically six to eight feet is an 26 ideal depth in order for the porch to be usable and to allow enough room for furniture. The front 27 porch and second story addition will also add to the aesthetics and value of the home. 28 29 Commissioner Heinis inquired about the location of the front stoop. Mr. Battles replied that the 30 stoop is at the six foot encroachment location which is the location requested for the variance. 31 He explained that the front porch will be open with a covered entry and railings on either side. 32 33 Commissioner Heinis asked if the project would change the slope of the grade to the front yard. 34 Mr. Battles replied that the existing grade will remain with the project. 35 36 Commissioner Cincoski asked how far beyond front of the porch the roof will extend. Mr. 37 Battles replied that the roof will match the current overhangs. 38 39 Chair Jensen recommended that the applicant verify with the Building Official the applicable 40 variances for encroachment in relation to the structural post footings as well as the roofline. He 41 inquired if all the column wraps included in the architectural sketch are necessary for 42 architectural purposes, noting that there could be a conflict with the furniture layout. Mr. Battles 43 replied that one of the columns is strictly aesthetic. 44 45 Chair Jensen asked if the applicant intends to submit a formal variance application to be included 46 on the April Planning Commission meeting agenda. Mr. Battles replied that the intent is to Planning Commission Regular Meeting Minutes March 16, 2010 Page 3 1 obtain feedback from the Planning Commission tonight. If the Commission indicates that this 2 variance request has merit to pursue they will proceed with an application. 3 4 Chair Jensen recommended that the applicant check the furnishings layout, provide more 5 dimension to the sketch regarding the columns, and show the roof overhang in the sketch. He 6 recommended framing the variance request in terms of one foot beyond the allowable five feet, 7 rather than six feet. 8 9 IX. OTHER BUSINESS. 10 11 None. 12 13 X. REPORTS FROM STAFF 14 15 None. 16 17 XI. COMMUNITY FORUM. 18 19 None. 20 21 XII. INFORMATION AND ANNOUNCEMENTS. 22 23 X11.1 GTS 2010 LAND USE PLANNING WORKSHOPS 24 25 Assistant City Manager Moore-Sykes stated the Planning Commission has received a copy of a 26 bulletin outlining Government Training Services (GTS) courses available this year. She 27 requested commissioners to inform her of any courses they would like to attend. 28 29 XIII. ADJOURNMENT. 30 31 Motion by Commissioner Crone, second by Commissioner Cincoski, to adjourn the meeting at 32 7:20 p.m. 33 34 Motion carried unanimously. 35 36 Respectfully submitted, 37 Carol Hamer 38 TimeSaver Off Site Secretarial, Inc. r STAFF REPORT To: Planning Commission From: Kim Moore-Sykes,Assistant City Manager �Wb Date: April 20, 2010 Subject: 3038 Harding Street — Variance to Front Yard Setback Requested Action: Variance to 152.177 (D) Front Yard Encroachment Date Application Received: March 24, 2010 Property Address: 3038 Harding Street Zoning District: R1 60-Day Expires: May 24, 2010 Waiver Letter Required: Yes Date Sent: No X Future Action: Council Consideration,April 27, 2010 Background: Staff received a call from Jeremiah Battles,Acacia Architects,informing staff that Chuck Bower and Holly Wick Bower, the property owners at 3038 Harding Street, were interested in adding a front porch to their house as a part of a larger renovation project that they are planning. Mr. Battles asked about the City's front yard setback regulations and if a front porch was possible. In discussing the proposed front porch,it was determined that the residential structure's front foundation wall sits on the edge of the front yard setback. The City Zoning Ordinance allows for a five (5) foot encroachment into the front yard (§ 152.177(D)). Mr. Battles advised staff that their plans provide for a six (6) foot wide porch. He reported that typically, a traditional front porch is six (6) to eight (8) feet wide. He asked about the possibility of applying for a variance to allow for the more traditional front porch that they are planning because the property owners are looking for a front porch that would be more conducive to having an outdoor living space. He and the owners presented their proposal for the front porch to the Planning Commission in a concept review at the March 16`'' Planning Commission meeting. A formal application for a variance was submitted to and accepted by the City. Application Review As part of the application process, the applicant is required to provide evidence that discloses facts that are unique to the subject property. Section 152.245 of the City Ordinance outlines the requirements that must be addressed to qualify for a variance and the process by which a variance is granted. Specifically Section 152.245 (C) states that no variance will be granted unless evidence presented supports the following facts, that strict enforcement would cause undue hardship because: The property cannot be2ut to a reasonable use without the variance. It is and has been a common practice of constructing the principal residential structure at the front yard setback line so that all the houses are similarly situated on the lot in an orderly fashion. The City's Zoning Ordinances, § 152.177(D), do allow a five (5) foot 04202010 3038 Harding St FY Encroachment Variance.doc 1 encroachment into the front yard setback to accommodate steps, stoops and porches for an easier access and egress. The current residential front yard setback encroachment of five (5) feet is not wide enough allow for the enjoyment of front porch and would not be as useful for outdoor living space as a more traditional six (6) foot front porch. The circumstances causing the hardship were not created by the owner. The current house was built in 1955 on a lot that for the time was quite typical. Whether due to the austerity of the times or design trends, front porches were not generally a consideration in the design and construction of the houses in St. Anthony at this time so no allowance was given to the possibility of a porch in the future. In 1976, the City adopted the Zoning Ordinances whereby five (5) foot encroachments were allowed for steps, stoops and small porches (§152.177). This property was purchased in 2000. The variance, if granted,will not alter the essential characteristics of the locality. The owners are committed to renovating this house to make more room for their growing family and in the process are also contributing to an updated look for their neighborhood. Their remodeling efforts are contributing to the community-wide effort to maintain St. Anthony's housing stock. Additional benefits to the community by these individual efforts include continuing and contributing to the sense of community, the quality of life and encouraging a sense of a village that is welcoming to neighbors. These are qualities that as a City we have adopted and encouraged as a vision for the community. Economic considerations alone are not the basis of the hardship. While the variance,if approved,would certainly allow the Bowers to update the look of their home, adding curb appeal and ultimately increasing the market value of their home, their primary interest as communicated to staff would be in creating a larger living space for their growing family. While maintainirig the value of this property is important,it is not the only consideration for the property owners. They have expressed a desire to live in a community that is committed to fostering and encouraging positive relationships among neighbors and allows for the easy enjoyment of their property. The circumstances causing the hardship are unique to the individual lot. As stated earlier, the lot is a 7,500 SF interior residential lot on Harding Street with the existing house built in 1955,both of which are typical for the time. However,by 1976, when the City codified the Zoning Ordinances, the minimum residential lot size became 9,000SF. While the situation is not specifically unique to this property as the City has several residential properties in the area that were platted and built upon in the 1940s and 1950s and that are non-conforming to those standards established in 1976. As such, these properties do continue to evolve, being updated with currently accepted design standards and aesthetics. In order to maintain the City's housing stock,renovations and design changes will on occasion require formal and legal action on the part of the City to support the residents' efforts that create safe, secure and comfortable places to live. The granting of the variance is in keeping with the spirit and intent of the Zoning Code. The Zoning Code was adopted to protect the health, safety and general welfare of the City and its residents. By granting this variance, the general welfare of neighborhood is protected by the efforts of property owners who are interested in reinvesting in their property thereby continuing to enhance the value of their home, contributing to the spirit of community and fostering positive relationships with neighbors, and thus creating a safer and more secure community. Action: Establish the Findings of Facts for this request and pass a recommend to Council regarding the one- foot variance request to the City's Encroachment Ordinance based on information and testimony presented by the applicants, the public and staff. Communications: Staff received two letters in support of the proposed project and feel that the one foot variance would have little to no impact on the neighborhood. No phone calls or emails were received regarding this application. 04202010 3038 Harding St FY Encroachment Variance.doc e 40 1 Attachments: • E-mail from the Architect • Site Map • Photographs of Site • Architectural Drawings of Front Porch 04202010 3038 Harding St FY Encroachment Variance.doc ainthou RA I D MAR 24 701 tilla 3301 Silver Lake Road •St.Anthony,MN 55418 • (p)612.782.3301 • (f)612.782.3302 www.ci.saint-anthony.unn.us VARIANCE APPLICATION FEE: $60 Residential $100 Other Zoning Districts A.GENERAL DATA APPLICANT'S NAME: C_"ky_ .S Gower_ The above-named individual,firm,or corporation hereby respectfully submits the following supplemental data in support of the preliminary information provided on the accompanying zoning application summary form dated for the purpose of securing a variance from existing land use zoning controls. A'RZ_A k Tec::N-•. 16 NTT LES _V0UE:t-_1X" Gm-19q9•oZGS Contact Person Last Name First Day Phone B. PROJECT INFORMATION 1. Subject Property Address: 303g Ht�RD1t�C� hyE ST. _43T1t 00y" Kli S5�{tg 2. Specify the nature of the project for which a variance is sought: QC9&A KDOM016) Zo ko EX1bTt1JC0 Kot-SIE, 3. Explain how you wish to vary from the applicable provisions of the Ordinance: %_01E A(2.E QZE E'MQC6 Pc 1'--01a 0*-XCt,)S1CP S'0 &l1aWkDl Q Q1 T '2kP.L? E&�c9_DkC}1eWrT cry L*&X QSChi OR Tom. �SZ� 3EC.T1OIJ 1SZ. 1-4-4 4. Explain on a separate sheet why the strict enforcement of the Ordinance would cause an undue hardship or deny the applicant reasonable use of the property. State Statute defines hardship as the following: Undue hardship as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner,and the variance if granted, will not alter the essential the character of the locality. Please address each of these items in your written statement. 5. Check all additional supporting documents and date which are being submitted to help explain this project proposal: 1 ' Site Plan*(S) 0 Topographic Map TS: Other(specify) 'I �aEWAL Q41[S�O�V1�Wt�CE STRTEt'�Q�T *Required Can attach additional pages to f ilAy explain proposal nud need(or aarianre. I HEREBY CERTIFY WITH MY SIGNATURE THAT ALL DATA ON MY APPIaCATION FORMS,PLANS AND SPECIFICATIONS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. Signature of Applicant Date EXPIRATION 1/tithin one(1)year after the approval of a variance or appeal if the property owner or applicant has not substantially started the construction of any building,structure,addition or alteration requested as part of the approval,said variance shall become null and void unless an application for extension of the approval has been submitted. A letter to extend the approval of a variance shall be submitted to the Assistant City Manager not les than thirty(30)days before the expiration of said approval. Such letter shall state the fact for the request,showing;a good faith attempt to utilize the variance,and it shall slate the additional time being requested to begin the proposed construction. The City Council may grant extensions not to exceed one(1)year. F:\Planning\Forms\Variance Application 2005.doc Chuck Bower& Holly Wick Bower 3038 Harding St. NE St. Anthony, MN 55418 March 18, 2010 St. Anthony Village Planning Commission& City Council 3301 Silver Lake Road St. Anthony, MN 55418 Attention: Kim Moore-Sykes Dear St. Anthony Village Planning Commission &City Council, Subject: Variance Application for 3038 Harding St. NE Statement of unique circumstances and undue hardship for the granting of the variance: The front of our home at 3038 Harding St. NE was built right up to the front yard setback with the front exterior wall sitting at the 30' setback limit. This location chosen by the builder in 1955 allows for very little flexibility in terms of what we can do to the front of the house. We would like to add an open front porch to a portion of the front of our home to give guests a covered entry, add some curb appeal, and add to the sense of community in our neighborhood via the social interaction that an open front porch encourages. The front yard encroachment limit is 5'-0", which does not allow enough depth for a usable front porch to be added to the home. Our Architect, Jeremiah Battles of Acacia Architects, has advised us that 6'-0" to 8'-0" is the minimum depth for a usable front porch. Because of this we are asking for a 1'-0" extension past the 5'-0" front yard encroachment to allow us a 6'-0"deep open front porch. The current concrete front step and foundation, that is in need of repair, sits 6'-0" out from the face of the house. The face of the new front porch would not extend beyond this and would not disturb the front yard grade. Our goal is to keep the porch as open as possible in the front so as to not disturb views. We think the porch will add a tremendous amount to the home and neighborhood by creating space for our growing family and by adding curb appeal and market value to our home and the homes around us. Statement of request: We are seeking a variance for a 1'-0" extension past the 5'-0" front yard encroachment for the purpose of adding a 6'-0" deep open front porch to a portion of the front of the house. Sincerely, Sincerely, Chuck Bower& Holly Wick Bower Enclosures (6) . ain tho ilia e 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 Office: (612) 782-3301 Fax: (612) 782-3302 • www.ci.saint-anthony.mn.us April 5,2010 Mr.Charles Bower and Mrs. Holly Wick Bower 3038 Harding Street NE St. Anthony,MN 55418 RE: Variance to 152.177 (D) Front Yard Encroachment—3038 Harding Street NE Dear Mr. and Mrs. Bower: This letter is being sent as an acknowledgement that your application was received on March 24,2010 by the City of St. Anthony and is deemed complete. Minnesota State Statutes require that any land use or zoning-related applications shall be approved or denied by the governing body within 60 days of receipt of the completed application by the political subdivision. To comply with the MN Statutes, the City needs to provide you with a decision on your variance request by May 25, 2010. As part of the 60-day process, the City has scheduled a public hearing for your variance request on April 20,2010 at 7:00 PM before the Planning Commission. The City's Planning Commission is a seven(7) member board appointed by the City Council. One of their duties is to hold public hearings for all land use and zoning requests, giving residents the opportunity to comment on the request before the Planning Commission. At the conclusion of the public hearing, the Planning Commission will establish findings of fact based on information provided by the property owners,City staff and the public and make a recommendation to the City Council. The City Council will review this request at their regularly scheduled meeting on April 27th at 7:00 P.M.,a week after the Planning Commission meeting. You or a representative are be required to attend both the Planning Commission meeting and City Council meeting. If the property owner or a representative is not present at or is unable to attend these meetings on the above-referenced dates, the Planning Commission and/or the City Council reserve the right to table this request until their next meeting. If you have questions or concerns regarding this process or your application, please feel free to contact me at 612-782-3312 or via e-mail, kim.moore-sykes@ci.saint-anthony.mn.us. Sincerely, Ki Moore-Sykes Assistant City Manager CC: Jeremiah Battles, Acacia Architects Enc. Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure. CITY OF ST. ANTHONY VILLAGE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that the Planning Commission will hold a public hearing on Tuesday, April 20, 2010 at 7:00 p.m., or as soon thereafter as possible, in the Council Chambers of the City Hall, 3301 Silver Lake Road, for the following purpose: Petitioner: Charles Bower Subject Property: 3038 Harding Street Request: Variance of one (1) foot to 152.177 (D) Encroachments in Yards. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the Assistant City Manager at 612- 782-3312. Auxiliary hearing aids are available upon request with advanced notice. Please call the City Clerk at 612-782-3312 to make arrangements. Kim Moore-Sykes Assistant City Manager Publish: St. Anthony Bulletin March 31, 2010 April 12, 2010 To Whom It May Concern: We,the Jurichko's,neighbors immediately to the south of the Bower's who live at 3038 Harding St. NE,St.Anthony,have been notified of the variance request related to the front porch portion of their home addition. Based on the description in the variance request notification letter,we are in agreement to the proposed variance and are supportive of the overall project concepts. The suggested one-foot extension past the five-foot front yard encroachment is of minimal impact. We feel that because of the porch's open design,any impact is easily outweighed by the way in which the porch encourages a neighborly and welcoming feel for those living on the block. Our neighborhood is a tight knit community with many growing families. We often see families out front playing,talking with their neighbors or exchanging pleasantries with passers-by. The Bower's front porch will be an inviting place that continues to foster the amicable relationships of those in our community. Sincerely, John&Joan Jurichko April 12,2010 To Whom It May Concern: My name is Victoria Norvell and I am the Bower's neighbor immediately to the north their home at 3038 Harding St.NE,St.Anthony. I have been notified of the variance request related to the front porch portion of their home addition. Based on the description in the variance request notification letter and after looking at their plans,I am in agreement to the proposed variance and am supportive of the overall project concepts. The suggested one-foot extension past the five-foot front yard encroachment is of minimal impact. I feel that because of the porch's open design,any impact is easily outweighed by the way in which the porch encourages a neighborly and welcoming feel for those living on the block. Our neighborhood is a tight knit community with many growing families. My children and I enjoy participating in activities with the families in our neighborhood, conversing with our neighbors and meeting new families in the area. The Bower's front porch will be an inviting place for us to meet as we watch our children enjoy the friends they have made in the neighborhood. Sinc rel , Victoria Norvell Hennepin County Property Map - Tax Year: 2010 The data contained on this page is derived from a compilation of records and maps and may contain disRepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor.The perimeter and area(square footage and acres)are approximates and may contain discrepancies.The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. 'M s 77 C Sc CA low LU r Jw V . l F LH _ \� ,71 son T ti ` �l�i• • " ��1' ��-�. Aa 71 lk Selected Parcel Data Date Printed: 3/16/2010 2:03:43 PM Current Parcel Date: 3/3/2010 Owner Name:C E BOWER ET AL TRUSTEES Parcel Address: 3038 HARDING ST N E,ST.ANTHONY, MN 55418 Property Type: RESIDENTIAL Homestead: HOMESTEAD Sale Date: 08/2000 Area (sgft): 7221 Area (acres):0.17 -' A-T-B:TORRENS m . G lad l lel,-13 Or. 6745, F. C. JACKSON LAND SURVEYOR REGISTERED UNDER LAYS OF STATE OF MINNESOTA LICENSED BY ORDINANCE OF CITY OF MINNEAPOLIS Pa . 4-4681 3616 EAST 55TH STREET DREXEL 4681 �urbepor'.9 Certificate uws - �' ��x•S �s?�-t a `;�` a��•�`� 'j"�`�-�.. . 30 I N lu 4 N �' ;{ z 91 12X —' 1 HEREBY CERTIFY THAT THE ABOVE IS A TRUE AND CORRECT PLAT OF A SURVEY OF p� Lol]�Va e� 75Go 5F us c.7e4.) = 1, l$R SF PC,-a,- _ ASF Lot 43 Auditor's Subdivision AS SURVSYED 6Y ME THIS 29th• DAY OF JulA.D. 1955 • R SIGNED--- F. G. JACKSON. MINNESOTA REGI TRATION. NO. 3600 ARCHITECTS, LLC .. Chuck Bower & Holly l Wick Bower Residence -- , 3038 Harding St- NE Proposed open front porch - design 3-16-10 Front "before"view from Harding Street Front "after"view with porch & 2nd story from Harding Street 1620 Central Avenue NE Suite #234 Minneapolis, MN 55413 www.acaciaarchitects.com #_Y g M { 34 I" My�ly l SY• - �gie 1�t r V A y a�•, $r t. Ow bS ' �C s, �L 4 11P•� i 5�„xl•� ���Y� cif"�.. w �!"1 5 r NEIGHBOR'S HOUSE SIDE YARD SETBACKS: MINIMUM 5' EACH SIDE * 15' BOTH SIDES COMBINED. - ------ -------------- ----- ------------- ------- -------------T------------- I --------------------- 125' PROPERTY LINE (APPROXIMATE -LOCATION)----------- II I I II 'I I I ------------------------------------ ' o - ------------0 LU 11— 30 -011 i7� ; FRONT SETBACK I w w QI ' z ry nw ; I �- 1.1. I Q , I w O 'ry 175 w I- I I n-/0 _ I w I;- n I, PATIO O CL/ - w In O I' w L� I � � �Iw w l _QIP I O . z ;w ------------ EXISTING STEP - I _ ------------- I I N -17 °° FOUNDATION ; II I I I;J ---------- - - - - `o LIG �;z L SLOPe GARAGE 'P05T z - -- - - - -- - ---- ----- - ------- --- - �-� POST �IQ DRIVE 0" 5' FRONT YARD ------ ------------- ENCROACHMENT II I 125' PROPERTY LINE (APPROXIMATE LOCATION) 0 SITE PLAN "BEFORE" NEIGHBORS HOUSE BOWER / WICK BOWER RESIDENCE 3-17-10 0 SCALE: 3/32"=1'-O" (11"x17") OR I/16"=1'-O" (8 1/2"x11") M•e NEIGHBOR'S HOUSE LOT SIZE= 7500 SQ. FT. (GO' X 125') LOT COVERAGE= 40% MAX FOR LOTS LESS THAN 9000 SQ. FT. LOT COVERAGE (IMPERVIOUS SURFACE)= 2976 SQ. FT. LOT COVERAGE PERCENT= 39.7% 51DE YARD SETBACKS: MINIMUM 5' EACH 51DE * 15' BOTH 51DE5 COMBINED. ----------- ------ 125' PROPERTY LINE (APPROXIMAT-E-LOCATION)----------, 3' EXISTING -------------- - - - ---- ---- -- --------- -- --� OVERHANGS � 301-011 ' z v FRONT 5ETBACK m Lu I w LLJ CLI <--3' OVERHANG z O < ' w R/ Lu Lu n R/ ------------- U GXG STRUCTURAL QD a POSTS � TRIM ; W N --- , 0 � o Z NO CHANGE TO ; ry _Z 3� FRONT YARD GRAD E -A- ---------- EX15TING TING CONCRETE ; LO p L -----J z STEP * FOOTING o o � EXTENDS OUT G'-0" EX15TING -------------- ---------------------------------------------- - GARAGE EXISTING DRIVE '_O'�� 5' FRONT YARD ENCROACHMENT - - ---- - - - - -- --- -- - - - - - - - - - - - --- -- ------------ - --- ----- -- - - ----- 125 PROPERTY LINE (APPROXIMATE LOCATION) L----- -- -- - --- ---- -- ------------- -- -------------------------------- -- - --- -- - ----------- o ------- p SITE PLAN "AFTER" NEIGH50R'5 HOUSE BOWER / WICK BOWER RESIDENCE 3-17-10 0 SCALE: 3/32"=P-0" (II"x17") OR 1/IG"=1'-0" (8 1/2"x11") STAFF REPORT To: Planning Commission Report No.: VIII.1. From: Kim Moore-Sykes,Assistant City Manager Date: April 20, 2010 Subject: Proposed PUD Amendment for Signs at Silver Lake Village Requested Action: Concept Review Background: Staff met with Ms. Brenda Thomas,Vice President,Property Management, Doran Companies and her staff to discuss the possibility of amending the current PUD that was established as part of the redevelopment of the Apache Plaza into the current Silver Lake Village. The purpose of this amendment is to allow for more signage for the tenants at Silver Lake Village. Ms. Thomas and her staff will attend the April 20`h Planning Commission to discuss their proposal for additional signs with the Planning Commission. Attachments • Site Plan of Proposed Revised Sign Modifications • Proposed Sign Modifications for CUB and Monument Signs • The Northwest Quadrant Redevelopment Plan on Signage • Signage for Silver Lake Village,Vol. I, Silver Lake Village PUD Agreement • City Ordinance§152.206, REVISIONS AND/OR CHANGES 04202010 SLV PUD Amend Signs.doc Kim Moore-Sykes From: Brenda Thomas[Brenda@dorancompanies.com] Sent: Thursday, April 15, 2010 5:21 PM To: Kim Moore-Sykes Cc: Dale Wenkus Subject: FW: SLV Signage package Attachments: SLV-Signage Proposal SHEET 1.pdf; SLV-Signage Proposal SHEET 2.pdf; SLV-Sgnage Proposal Site.pdf 1� 'x'11011 SLV-Signage SLV-Signage SLV-Sgnage ,roposal SHEET 1.p.:roposal SHEET 2.p.?roposal Site.pdf(... Hello Kim. As you know, the Landlord is requesting an amendment to the PUD to allow more signage at Silver Lake Village. Attached is a site plan and drawings that show the details and locations of the potential new signage. If you need a formal cover letter or any further information, let me know and I would be happy to provide that to you. Thank you, Brenda Brenda Thomas Vice President Property Management Doran Companies 7803 Glenroy Road, #200 Bloomington, MN 55439 PH: 952-288-2020 FAX: 952-288-2001 brenda@dorancompanies.com <mailto:brenda@dorancompanies.com> This email has been scanned by the MessageLabs Email Security System. For more information please visit http: //www.messagelabs.com/email This email has been scanned by the MessageLabs Email Security System. For more information please visit http: //www.messagelabs.com/email 1 SILVER LAKE VILLAGE SIGNAGE - APRIL 2010 IV- 1 per.^r Cub .. R 1. +.�NorthacslE3�c �,, GREAT CLIPS-� 3 4 5 L — a • C •-I a_ I r \ a C D = r POSED (2) L o r NEVGROUND SIGI IS I RETAIL I t I 0 0 PROPOSED NEWEXISTING WALMART EXISTING EXISTING EXISTING E ISTING GROUND SIGN MONUMENT SIGN GROUND SIGN GROUND SIGN GROUND SIGN CUB FOODS PHOTO #2 PHOTO /4 PHOTO #S PHOTO #3 MONUMENT SIGN PHOTO #1 SILVER LAKE ROAD 0 50' 100' 200' ®` Proposed Sign Modifications DORAN p g Silver Lake Village COMPANIES St. Anthony,MN 0 Cub 00 FoodsCub ds T TENANT Foo TENANT GRADE = GRAD - _ - - EXISTING SIGN PROPOSED SIGN PHOTO#I PHOTO#1 Proposed Si Modifications DORAN p Silver Lake Village COMPANIES St.Anthony,MN ADD NEW CAP 8'-0' INCREASE SIGN 8'-0" HIST V-0' .I .1 TENANT TENANT I TENANT o TENANT b TENANT o TENANT o TENANT TENANT TENANT TENANT o q n GRADE GRADE 0 PROPOSED NEW SIGNS(3) EXISTING SIGN PHOTO#3 Proposed Sign Modifications DORAl�r p g SilvAer Lake vi�ll{age COMPANIES St. A thony,1� N ■ The interior of parking lots should be generously land- scaped with islands and other features to break up large expanses of asphalt. ■ Pedestrian connections should be provided from park- ing lots to building entries,adjacent streets, and abut- `. ting open space or park features. Signage ■ Signage should be complementary to the overall de- sign concept of the area and should not introduce jar- ring or incompatible colors, shapes, or features. ■ Signage on buildings will be encouraged rather than freestanding signs. If freestanding signs are allowed, only low monument-style signs should be allowed. • Wall signage on buildings should be limited to a sign band at a certain width and height above the ground. ■ Projecting signs perpendicular to a wall will be en- couraged if of modest scale. Lighting ■ Street lighting should make use of decorative fixtures - of modest height both to provide lighting and to define the character and scale of the internals streets. ■ Site lighting for private developments should follow the character and scale of the public street lighting. " ■ All light fixtures should be downcast cutoff type to re- duce light spillage and glare. -u Vol. I . available to Developer and/or its tenants and their customers. It is understood that the on-street parking as currently proposed is necessary to meet the required parking ratios under the Amended and Restated Reciprocal Easement Agreement between and among Developer and certain adjoining landowners and certain of their lessees, dated April 30-1 2004 (the "Amended REA"). DD. Developer shall have the right to place entrance monument signs on both the northwest and southwest quadrants of 39`b Avenue N. E. at Silver Lake Road in the locations shown on the Final Design Development Plan referenced in Section 3C, and in accordance with the sign elevations attached hereto as Exhibit B , provided Developer obtains the necessary easements for such monument signs from the applicable property owners in the Amended REA or otherwise. Developer shall also have the right to place directional monument signs in the public right of way of 39`h Avenue N.E. in the locations shown on the approved Site Plan and in accordance with the sign elevations attached as Exhibit B and to place landscaping and irrigation and lighting systems in said public right of way in accordance with the Final Design Development Plan referenced in Section 3C. 8. DEVELOPER's Default In the event of default by the DEVELOPER, as to any of the maintenance work to be performed by it under Section 7AA hereunder, the CITY may, at its option, perform the work and the DEVELOPER shall promptly reimburse the CITY for any expense, which it incurs. The CITY agrees to give the DEVELOPER written notice of its default not less than thirty (30) days prior to the commencement of the CITY's work. The CITY and the DEVELOPER recognize that weather conditions may affect the ability of the DEVELOPER to perform the work required to be performed hereunder and agree that such thirty (30) days shall not include those days on which weather conditions preclude performance by the DEVELOPER. This PUD Agreement is a license for the CITY to act. When the CITY does any such work, the CITY may, in addition to its other remedies, assess the cost in whole or in part. If deemed impractical by the CITY, the above notice requirements shall not be required for the CITY to control erosion problems. 9. Miscellaneous. A. This PUD Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. B. Breach of any material term of this PUD Agreement by the DEVELOPER shall be grounds for denial of building permits. 1eL ero O k W 2 v V Z 4 U.1 gZ >N � W ZLJ Vi Y EM SOUD ALUMINUM LETTERS CAST STONE CAP 0�Z g W/GROUND LIGHT NG LLL O CAST STONE CAP SIIAULATEO STONE BASE E.f.I.S. FlNISN � SILVER LAKE VILLAGE - TENANT `_ TENANT TENANT TENANT �' - Z N ly BURNISHED CAIU � FRONT ELEVATION XX Architectural Consortium, L.L.C. 2004 vol,, 1 Exhibit L-2 Sketch of easements to be terminated upon completion of construction of Improvements Exhibit M Sketch of easements created Exhibit N Legal descriptions and pictorial of new easements Exhibit N-1 Pictorial of Entrance Monument Sign Exhibit O Legal Description for New Municipal Liquor Store Tract Exhibit P Wal-Mart Directional Monument Sign Exhibit 0 Cub Directional Monument Sign g. "Improvements" means any Building, parking areas, sidewalks, loading areas, retaining walls, fences, storm water drainage system, sanitary sewer system, watermains, walls, hedges, landscaping, plantings, poles, signs, structures of any type or kind, and the permanent result of any other actions taken for improvements on a Tract. h. "Mortgage"means any bona fide mortgage,deed of trust or conveyance of a Tract or any interest therein or portion thereof which secures the performance of an obligation which, upon completion of such performance, will be released, discharged or reconveyed. i. "Mortgagee" means the mortgagee, secured party or other beneficiary of a Mortgage. j. "Owner or Owners" means the fee owner or owners of all or any part of any Tracts. Tenants and lessees under leases for all or part of any Tract shall have and enjoy such rights and privileges under this Amended REA as are granted to them in their respective leases or as specifically provided pursuant to.the terms of this Amended REA. The approval by the City and/or the HRA under the Amended REA is approval as an Owner or future owner under the Amended REA, but not the City as to review, approval, and enforcement of the City of Saint Anthony codes, rules,regulations and laws. In addition, so long as the Cub Lease is in effect and Cub shall not have committed an event of default under the Cub Lease beyond any applicable cure period, then Cub's prior written consent and approval shall be required (pursuant to consent and approval rights granted to the Owner of the Cub Tract under this Amended REA) concurrently with the obtaining of consent from the Owner of the Cub Tract and no amendment may be made to this Amended REA without first obtaining the prior written consent of Cub to each such amendment. These aforementioned consent rights apply only to Cub and not to any assignee or subtenant of Cub, and, in each such instance, such consent shall not be unreasonably withheld, delayed or conditioned. Likewise and also in addition, so long as the Wal-Mart lease is in effect and Wal- Mart shall not have committed an event of default under the Wal-Mart Lease beyond any applicable cure period, then Wal-Mart's prior written consent and -5- (i) Removal of graffiti within forty-eight(48)hours. C. Taxes. Each Owner agrees to pay or cause to be paid, prior to delinquency, directly to the appropriate taxing authority, all real property taxes and assessments which are levied against the Tract owned by it (including any existing or future general and special assessments levied in connection with the Development property)on such Party's Tract. d. Buildings. Each Owner shall maintain all perimeter and exterior walls on its Buildings in a good condition and state of repair and shall maintain all Buildings and Improvements on its respective Tract in good order and condition and state of repair at their own expense, including, but without limitation, keeping all sidewalks, walkways, roadways, truck docks, receiving areas, parking areas and any other areas, facilities and equipment located upon such Tract at all times in a reasonably clean,unlittered, orderly and sanitary condition. a. Cub Mon. U.S. Bank hereby grants, for the benefit of the Cub Tract, a permanent non-exclusive easement for the construction and maintenance by Cub of a pylon sign (the "Cub Pylon") on a portion of the U.S. Bank Tract, as legally described on Exhibit N and pictorially shown on Exhibit A attached hereto ("Cub Pylon Easement Area"). Neither the height, size nor dimension of the Cub Pylon shall be greater than (without the consent of the Owner of the U.S. Bank.Tract, which consent shall not be unreasonably withheld) 31 feet in height, 13 feet 5 inches in width and one foot in depth. The design of the Cub Pylon shall be subject to the sole discretion of Cub, except the Cub Pylon shall not contain the name of any bank or other financial institution and shall be consistent with design standards of pylons in the Development and contain a masonry base. All costs of constructing, repairing and maintaining the Cub Pylon shall be the sole responsibility of Cub. b. Wal-Mart Pylon. Wal-Mart may construct a pylon sign (the "Wal-Mart Pylon") on the Wal-Mart Tract in the area pictorially shown on Exhibit A attached hereto. Neither the height, size nor dimension of the Wal-Mart Pylon shall be greater than 31 feet in height, 13 feet 5 inches in width and one foot in depth without the consent of the Developer, which consent shall not be unreasonably withheld. The design of the Wal-Mart Pylon shall be subject to the sole discretion of Wal-Mart and shall be consistent with design standards of pylons in the Development and contain a masonry base. All costs of constructing, repairing and maintaining the Wal-Mart Pylon shall be the sole responsibility of Wal-Mart. C. Developer Directional Monument Signs. Developer shall construct one directional monument sign for the benefit of Cub in the North right of way of 39'h Avenue N.E_ (the "Cub Directional Monument Sign") and one directional monument sign for the benefit of Wal-Mart in the South right of way of 39`h -21- Avenue N.E. (the "Wal-Mart Directional Monument Sign"), as shown on Exhibit A. The Wal-Mart Directional Monument Sign shall be constructed in a manner substantially the same as the drawing attached as Exhibit P. The Cub Directional Monument Sign shall be constructed in a manner substantially the same as the drawing attached as Exhibit Q. All costs of constructing the Cub Directional Monument Sign and Wal-Mart Directional Monument Sign, and the costs of maintaining and repairing such signs shall be the sole responsibility of Cub and Wal-Mart (for their respective signs); provided, however, the cost of constructing the Wal-Mart Directional Monument Sign shall not exceed$10,000.00. d. Entrance Monument Sign. If the City permits and approves an Entrance Monument Sign, each Party or tenant of such Party appearing on the Entrance Monument Sign shall pay its pro rata share of the cost of construction and maintenance of the Entrance Monument Sign, which shall be located in the Erickson Landscape and Sidewalk Easement Area. Provided the City approves an Entrance Monument Sign with adequate space for business names, Cub, Wal- Mart and the City shall have the right to place their name on a panel on each side of the Entrance Monument Sign and any additional names shall be at the sole discretion of the Developer. e- Exterior Sipns. The following restrictions shall apply to the signs within any Tract: (1) No more than one exterior free standing sign may be located on each of the U.S. Bank Tract, Erickson Tract, and Fast Food Tract, not including the Cub Pylon, the Entrance Monument Sign located in the Erickson Landscape and Sidewalk Easement Area, directional signs, informational signs such as "Handicapped Parking" temporary display of leasing information, and the temporary erection of one sign identifying each contractor working on a construction job. The foregoing restrictions with respect to exterior free standing signs shall not include any canopy sign attached to a Building or temporary promotional signage. (2) Subject to government restrictions and in addition to the height restriction contained in Subsection 8.a. and 8.b., no exterior free standing sign which is located on the U.S. Bank Tract, the Fast Food Tract, or Erickson Tract, other than the Cub Pylon, shall be more than 20 feet in height or contain signage area more than 80 square feet per side, or be so large that it materially obstructs the visibility of the buildings located on the Cub Tract or the Wal-Mart Tract_ Further, any sign governed by this subsection shall be constructed with a masonry base consistent with other pylon signs in the Development. Notwithstanding the foregoing, the exterior free standing sign currently on the U.S. Bank Tract complies with this Amended REA and, in the event the sign is damaged or destroyed or the ownership of the U.S. Bank Tract shall change, -22- the then Owner of the U.S. Bank Tract shall be allowed to construct a new sign.on the U.S. Bank Tract in substantially the same-size, height and location as the existing sign on the U.S. Bank Tract. (3) The name "Cub Foods" shall not be used to identify any Tract or any other business or trade conducted on any portion of any Tract or any Tracts adjacent thereto except for the Cub Tract. (4) The name "Wal-Mart" shall not be used to identify any Tract or any other business or trade conducted on any portion of any Tract or any Tracts adjacent thereto except for the Wal-Mart Tract. e. Notwithstanding the foregoing, no signs shall be located on any Tract unless they comply with applicable governmental authority requirements. L The Shopping Center Pylon set forth in Section 10.2 of the Existing REA is hereby terminated, and the Developer agrees to remove the Shopping Center Pylon at its sole cost and expense and restore the area to landscaping of similar nature to the surrounding area. g. Nothing set forth in this Amended REA shall prohibit any Party from constructing signage on its Building advertising the business conducted therein, subject to subsection e. above. 9. Indemnifications/Insurance. a. Indemnification. Each Party ("Indemnifying Party") hereby indemnifies and agrees to save harmless each other Party ("Indemnified Party"), and its mortgagees from and against any and all liabilities, which (i) arise from or are in connection with the possession, use, occupation, management, repair, maintenance or control of Indemnifying Party's Tract, or any portion thereof; (ii) arise from or are in connection with any act or omission of Indemnifying Party, or its agents, employees, contractors, subtenants or any other party claiming by or through Indemnifying Party; or (iii)result .in injury to person or property or loss of life sustained in or about the Indemnifying Party's Tract, unless caused by the negligence, acts or omissions of another Party, its agents, contractors, employees, subtenants, or any other party claiming by or through another Party. Indemnifying Party shall defend any actions, suits and proceedings which may be brought against any Indemnified Party or its Mortgagee with respect to the foregoing or in which they may be impleaded. Indemnifying Party shall pay, satisfy and discharge any judgments, orders and decrees which may be recovered against Indemnified Party or its Mortgagee in connection with the foregoing. -23- CUB PYLON EASEMENT AREA A permanent easement for sign purposes over,under, and across LOT 2,BLOCK 1, SILVER LAKE CENTER,according to the recorded plat thereof,Ramsey County,Minnesota. Said permanent easement is all that part of said LOT 2 described as follows: Commencing at the southeast corner of said LOT 2;thence on an assumed bearing of North 0 degrees 04 minutes 00 seconds East along the easterly line of said LOT 2, for 176.69 feet to the point of beginning; thence continuing northeasterly along the said Easterly line of LOT 2 on a bearing of North 0 degrees 04 minutes 00 seconds East for 2.61 feet; thence northwesterly along a non-tangential curve for 55.45 feet,concave to the southwest,radius of 60.00 feet, a central angle 52 degrees 56 minutes 20 seconds, on a chord that bears North 26 degrees 24 minutes 41 seconds West;thence on a bearing of SOUTH for 40.52 feet;thence South 45 degrees 00 minutes 00 seconds East for 14.14 feet; thence on a bearing of EAST for 13.79 feet to the point of beginning. &1 1 111 I .^. .y,�„i son 1111111 El DfMCWMAI MONLA"T SIC" 661 PAFWJNG SPACES lie 4.6/10W SF PA"G RAnD SI-VM LAW VRjM%M I�r�• .Js -� METAL FACIA EIF5 W 1/2" REVEAL 4'-2" INDIVIDUALLY MOUNTED LETTER 516N - PAINTED, GROUND LIT y� METAL PIER5 W A L*M A PRECAST GAP h M STONE 5A5E -•r 6'-6" nearL�K.'eeR. 05-"o.a I""DAT[. YJAL-MART DIRECTIONAL SILVER LAKE VILLAGE EXHIBIT P DKA�«By. MONUMENT SIGN KA ST. ANTHONY, MN SCALE: 1/2" = 1'-0" METAL FACIA 6'-b" EIF5 W!1/2" REVEAL INDIVIMALLY MOUNTED LETTER SI&N - PAINTED, &ROUND LIT METAL PIERS PRECAST GAP 00 ry h STONE BA5E == rwo.�T rueen. os-laoq IYJR9 DATG pj/N/D{ CUB FOODS DIRECTIONAL SILVER LAKE VILLAGE EXHIBIT Q �+�++�• MONUMENT SIGN ""'¢D 1C'` 5T. ANTHONY,MN SCALE: 1/2" = P-O" C. Fire Protection. Any building constructed in the Development shall be constructed and operated in such a manner which will preserve the sprinklered rate on the other Buildings in the Development. d. Easements. In the event building wall footings encroach from one Tract in the Development onto another, despite efforts to avoid that occurrence, the Owner onto whose Tract the footings encroach shall cooperate in granting a subsurface encroachment permit or easement to the Owner whose building wall footings encroach. In addition, each Owner in the Development, as grantor, hereby grants to the other Owner (s) in the Development, as grantee, a perpetual easement for the purpose of constructing, maintaining, repairing, restoring or reconstructing any of the grantee's facilities located in such proximity to the Tract of the grantor that such facilities can, as a practical matter, be so maintained, repaired, restored or reconstructed most advantageously from the Tract in the Development of the grantor, provided that (i) the grantee shall restore the portion of the Tract in the Development and any facility thereon so used to the same or as good condition as immediately before such work was begun, and (ii) no such use by such grantee shall interrupt the business being conducted on the Tract in the Development so used or unreasonably interfere therewith. e. Rooftop Equipment and Signs. All rooftop equipment on any Building_shall be screened in a manner satisfactory to City of St. Anthony. In addition, no rooftop sign shall be erected on any Building in the Development. f. Condition of Building Areas Before Construction. Developer agrees to keep the Building Areas on its tract in a neat, orderly condition until improved and constructed. 6. Easements and Restrictions. a. Grant of Common Area Drainage Easements. Developer grants to the owners of all Tracts, as grantees, a non-exclusive easement under, over, through and around the Development for the use of storm water facilities and drainage of surface waters. Notwithstanding the foregoing, the City will require drainage ponds located within the Development and on certain land adjoining the Development, as pictorially depicted on Exhibit A attached, for the benefit of each Party contained within this ECR. Following initial construction of such drainage ponds (which construction shall be the obligation of Developer), Developer shall maintain and repair all such ponding areas and storm drainage and storm sewer systems as required by applicable laws and regulations and any development agreement or other contracts with the City of St. Anthony, and each Party shall be responsible for its proportionate share of the costs of maintenance, and repair of the drainage ponds and storm drainage and storm sewer systems based upon the square footage -10- future general and special assessments levied in connection with the Development property) on such Party's Tract. d. Buildings. Each Owner in the Development shall maintain all perimeter and exterior building walls in a good condition and state of repair and shall maintain all Buildings and Improvements on their respective Tract in good order and condition and state of repair at its own expense, including, but without limitation, keeping all sidewalks, walkways, roadways, truck docks, receiving areas, parking areas and any other areas, facilities and equipment located upon such Tract in the Development at all times in a reasonably clean, unlittered, orderly and sanitary condition. 8. Sims. a. Cub Pylon. The Cub Pylon shall be constructed and owned by Cub in the Cub Pylon Easement Area located on the U.S. Bank Tract, as legally described on Exhibit J attached hereto ("Cub Pylon Easement Area"). Neither the height, size nor dimension of the Cub Pylon shall be the greater than the following without the consent of the Owner of the Cub Tract, which consent shall not be unreasonably withheld, 31 feet in height, 13 feet 5 inches in width and one foot in depth. The design of the Cub Pylon shall be subject to the sole discretion of Cub except the Cub Pylon shall not contain the name of any bank or other financial institution. All costs of constructing, repairing and maintaining the Cub Pylon shall be the sole responsibility of Cub. b. Wal-Mart Pylon. The Wal-Mart Pylon shall be constructed and owned by Wal- Mart on the Wal-Mart Premises. Neither the height, size nor dimension of the Wal-Mart Pylon shall be the greater than the following, 31 feet in height, 13 feet 5 inches in width and one foot in depth. The design of the Wal-Mart Pylon shall be subject to the sole discretion of Wal-Mart. All costs of constructing, repairing and maintaining the Wal-Mart Pylon shall be the sole responsibility of Wal-Mart. C. Developer Monument Signs. Developer shall construct one monument sign for the benefit of Cub on the North Developer Tract located off 391h Avenue N.E. and one monument sign for the benefit of Wal-Mart on the South Developer Tract located off 39`h Avenue N.E., as shown on Exhibit A. All costs of constructing the monument signs, and the costs of maintaining and repairing the monument signs shall be the sole responsibility of Cub and Wal-Mart (for their respective signs). d. Exterior Signs. The following restrictions shall comply to the signs within any Tract: (1) No more than one exterior free standing sign may be located on each of the U.S. Bank Tract, New Links Tract and Erickson Tract, not including the Cub Pylon, directional signs, informational signs such as "Handicapped Parking," and temporary display of leasing -18- ��Vv S information, and the temporary erection of one sign identifying each contractor working on a construction job. (2) In addition to the height restriction contained in Subsection 8.a. and 8.b. no'exterior free standing sign which is located on the U.S. Bank Tract, New Links Tract, or Erickson Tract, other than the Cub Pylon, shall be so high or so large that it materially obstructs the visibility of the building located on the Cub Tract. (3) The name "Cub Foods" shall not be used to identify the development or any other business or trade conducted on any portion of the development or any tracts adjacent thereto except for the Cub Tract. (4) The name "Wal-Mart" shall not be used to identify the development or any other business or trade conducted on any portion of the development or any tracts adjacent thereto except for the Wal-Mart Tract. e.. Notwithstanding the foregoing, no signs shall be located on any Tract in the Development unless they comply with applicable governmental authority requirements. f. The Shopping Center Pylon set forth in Section 10.2 of the existing REA is hereby terminated. 9. Indemnifications/Insurance. a. Indemnification. Each Party ("Indemnifying Party") hereby indemnifies and agrees to save harmless each other Party ("Indemnified Party"), and its mortgagees from and against any and all liabilities, which (i) arise from or are in connection with the possession, use, occupation, management, repair, maintenance or control of Indemnifying Party's Tract, or any portion thereof; (ii) arise from or are in connection with any act or omission of Indemnifying Party, or its agents, employees, contractors, subtenants or any other party claiming by or through Indemnifying Party; or (iii) result in injury to person or property or loss of life sustained in or about the Indemnifying Party's Tract, unless caused by the negligence, acts or omissions of another Party, its agents, contractors, employees, subtenants, or any other party claiming by or through another Party. Indemnifying Party shall defend any actions, suits and proceedings which may be brought against Indemnified Party or its mortgagee with respect to the foregoing or in which they may be impleaded. Indemnifying Party shall pay, satisfy and discharge any judgments, orders and decrees which may be recovered against Indemnified Party or its mortgagee in connection with the foregoing. -19- Zoning Code the tepegr-aphy ofthe, a;@2 and axisti%Patum! fea-turas such 2-1; sucams and jar-go &Wes; the efficiency adequacy, and safety of the proposed layout of internal streets and driveways; the adequacy an location of green areas; the adequacy, location, and screening of parking areas; and an er matters as the City Council may find to have a material bearing upon the stated standar objectives of the Comprehensive Land Use Plan. (1993 Code, § 1655.05) § 152.205 COORDINATION WITH S VISION REGULATIONS. If a PUD involves the ivision of land, then the subdivision review shall be carried out under Chapter 151 simul usly with the review of the PUD. The plans required under this subchapter shall be sub ' ed in a form which will satisfy the requirements of Chapter 151 for the preliminary plat and plat. 1655.06) § 152.206 REVISIONS AND/OR CHANGES. (A) Minor changes in location,placement, and height. Minor changes in the location, placement, and height of structures may be authorized by the Development Review Committee if required by engineering or other circumstances not foreseen at the time the final plan was approved and filed with the Zoning Administrator. (B) Significant changes in use, location, size, and height. Changes in uses, significant changes in location, size, or height of structures, any rearrangement of lots, blocks, and building tracts, changes in provision of common open spaces and all other changes to the approved final development plan may be made only after a public hearing conducted by the Planning Commission. Upon determination by the Development Review Committee that a major change has been proposed, the developer shall apply for an amended PUD. The application to amend the PUD shall be treated as a new zoning application. Upon acceptance of a complete application,the Planning Commission shall hold a hearing as set forth in §§ 30.45 through 30.48. Any changes shall be recorded as amendments to the recorded copy of the final development plan. (C) Provisions of original district apply. All of the provisions of the zoning district within which the PUD is established shall apply to the amended PUD except as otherwise provided in approval of the final development plan. The effective date of the PUD shall be after: (1) Approval of the PUD amendment and text and final development plan; and (2) Publication of the ordinance. (D) Review. If substantial development has not occurred within a reasonable time after approval of the PUD, the City Council may instruct the Planning Commission to initiate rezoning to the original zoning district. It shall not be necessary for the City Council to find that the rezoning was in error. 90 St. Anthony- Land Usage (E) Formal review periods. Within the PUD Agreement,the city may schedule formal City Council review periods on an annual or less frequent basis to ascertain that actual development on the site meets the conditions of the approved PUD. (1993 Code, § 1655.07) § 152-1-0; PHASING AND 413- 0 . (A) Comparison with approved development schedule. The Planning Commission shall compare the actual development accomplished in the various portions of the PUD with the approved development schedule. (B) Extension of limits of development schedule. Upon recommendation of the Plann' g Commission and for good cause shown by the developer,the City Council may extend t e limits of the development schedule. (C) Construction rates of dwelling and open space. The construction and ovision of all of the common open space and public and recreational facilities which are shown o the final development plan must proceed at the same rate as the construction of dwelling units, i ny. The Development Review Committee shall review all of the building permits issued fort PUD and examine the construction which has taken place on the site. If they find that the e of construction of dwelling units is greater than the rate at which common open spaces and p lic and recreational facilities have been constructed and provided, they shall forward this inform 'on to the City Council for action. (D) Security. A letter of credit in form acceptable t e city shall be required to guarantee performance by the developer. The amount of the lett of credit and the specific elements of the development program that it is intended to guarant will be stipulated in the PUD Agreement. (1993 Code, § 1655.08) § 152.208 CONTROL OF PUD FOL WING COMPLETION. (A) Final developmentplan verns. After a certificate of occupancy has been issued for all or any portion of a PUD, the use o the land covered by the certificate of occupancy and the construction, modification, and alteration any buildings or structures within the PUD shall be governed by the final development plan. (B) Changes of r issuance of certificate of occupancy. After a certificate of occupancy has been issued for all or a portion of a PUD, no changes shall be made in the approved final development plan except up application as provided below. ) Any minor extensions, alterations, or modifications of existing buildings or structures may b authorized by the Development Review Committee if they are consistent with the purposes and int t of the final development plan. No change authorized by this section may increase the mass or lldi gor structure ].III/ wo.gthan 10,14 ..4� t STAFF REPORT To: Planning Commission Report No.: VIII.2. From: Kim Moore-Sykes, Assistant City Manager OAIZ�7 Date: April 20, 2010 Subject: Proposed Conditional Use Permit and Variance for Proposed Coffee Shop/Restaurant, 2714 Hwy 88 Requested Action: Concept Review Background: Staff met with Ms. Lisa Anderson, who is interested in opening a coffee shop/cafe in the former Snyder Drug Store site at the Marketplace Center. The site already has an approved CUP for the existing drive- thru and I have contacted the City Attorney to determine how the City needs to legally handle the existing CUP. Also, because the proposed use for the site is a cafe restaurant, this use is required by the City Ordinance to be 250 feet from a residential district. The Public Works staff determined that the site is only 150 feet from the residential district across the street. Ms. Anderson was advised by staff that she would need a variance for the proposed cafe. Attachments: • City Ordinance, §152.120 - §152.122, C—GENERAL COMERCIAL DISTRICT 04202010 Cafe at Snyders CUP dist from Rl.doc 68 St. Anthony -Land Usage § 152.105 GENERAL REGULATIONS. Property in the R-4 District is also subject to the provisions of§§ 152.175 through 152.186. (1993 Code, § 1630.06) C GENERAL COMMERCIAL DISTRICT § 152.120 PURPOSE. The C District is intended to provide areas for retail sales and services located and regulated so as to minimize adverse effects on neighboring residential districts and congestion of public streets. (1993 Code, § 1635.01) § 152.121 PERMITTED USES. Within a C District, only the following uses are permitted: Accountants Antique shops Appliance stores Architects Art galleries Art or school supply stores Artists Attome s Auto accessory or parts stores Bakeries which sell at retail only Banks and savings and loan associations without drive-through facilities Barber and beauty shops Beverage stores for the sale of beverages for consumption off the premises Bicycle sales and service stores Bonding companies Zoning Code Book or stationery stores Bus stations of the Metropolitan Transit Commission Camera or photographic supply stores Candy,ice cream soft drink or confectionery stores without drive-through facilities Carpet,rug and floor covering stores China and glassware stores Clothing stores Coffee houses without drive-through facilities Consultants Costume and formal wear rental stores Curtain and drapery stores Day-care centers without drive-through facilities Department,discount or variety stores Drug stores Dry cleaning, laundry and laundromat operations Educational and scientific research offices excluding laboratory facilities Electrical appliance stores Electronics stores Employment aenc offices Fabric stores Florists Funeral homes and mortuaries Furniture stores Garden supply stores Gift shops Government offices Grocery stores which do not have products or produce offered for sale outside the building Hardware,paint,wallpaper and home decorating stores Hobby stores Insurance agents 70 St.Anthony-Land Usage Jewelry stores Libraries Locksmiths Luggage retail stores with no tanning of animal hides done on the premises Meat stores and butcher shops Museums Music and record stores Music schools and dance schools Office supply and equipment stores Pet stores where all pets are caged within the structure and where there are no external offensive noises or odors Photographic studios Physicians,dentists and health care professionals,including optometrists,chiropractors,chiropodists and osteopaths,therapists,and physical culture and health service or club,reducing club or salon or therapeutic massage studio,as defined in Subsection 575.01 Pipe and tobacco shops Postal substations Radio studios without towers Realtors and other brokers Rental businesses Restaurants without drive-through facilities located more than 250 feet from a residential structure or district Sewing machine sales and service shops Shoe stores and shoe repair shops Sporting oods stores Tailors Taxi stands without maintenance facilities Toy stores Travel agencies Upholstery shops Veterinary clinics (1993 Code, § 1635.02) J Zoning Code § 152.122 PERMITTED CONDITIONAL USES. The following uses are permitted in the C District only by conditional use permit issued by the City Council: (A) Sexually-oriented businesses which comply with the requirements of Chapter 110; (B) A use permitted under § 152.121 except for the fact that it has a drive-through facility; (C) Assembly, lodge or convention halls; (D) Auto repair which includes no storage of autos for parts; E Bus stations of the Metropolitan Transit Operations; ( ) P P (F) Car washes; (G) Gasoline station; (H) Liquor stores and lounges; (I) Motels; (J) Video tape sales and rentals; (K) Body tanning salons; (L) Establishments primarily for the sale of beverages for consumption on the premises; (M) Bowling alleys; (N) Health clubs; (0) Pool or billiard halls; (P) Restaurants, cafeterias, and delicatessens located less than 250 feet from a residential structure or district; (Q) Theaters; (R) Establishments having more than 3 amusement devices as defined in § 111.025; (S) Motorcycle sales and accessories; STAFF REPORT To: Planning Commission Report No.: VIII.3. 14AA�5 From: Kim Moore-Sykes,Assistant City Manager Date: April 20, 2010 Subject: Proposed Monument Sign for Marketplace Center, 2900 Kenzie Terrace Requested Action: Concept Review Background: Staff initially met with Marty Orensten, Kaufman Sign Company regarding installing a monument sign at the St. Anthony Marketplace Center at 2900 Kenzie Terrace. Mr. Orensten worked with Staff to design a monument sign the meets the criteria of the City's Sign Ordinance. As part of this project, Staff advised Mr. Orensten that the placement of past monument signs had been problematic due to the rights-of-way that converge at the Village Pub & Grill site. It was then proposed by Mr. Orensten that one parking stall could be re-landscaped and used for the installation of the proposed monument sign. In researching the site, Staff found that Marketplace Center, due the unique characteristic of the site, lacked 31 parking stalls according to the requirements of the Parking Ordinance and received a variance to the Parking Ordinance when the site was being developed in 2005. Staff contacted the City Attorney regarding the situation and the possibility of taking a parking space as a site for the installation o�the proposed monument sign. Mr. Gilligan indicated that a variance is need and staff is working with the City Attorney regarding the process for this additional variance. Attachments: • Sign Proposal • City Council Meeting Minutes,August 23, 2005 04202010 Markeplace monument sign.doc City of St Anthony SIGN PERMIT APPLICATION 3301 Silver Lake Rd'St.Anthony,MN 55418 Phone2.3301 •Fax 612.782.3302 www.cf.ww.d.saint-anthony.mn.us Permit Number Date of Application: T/ Date Contractor NotYfied: Property I • • Property Type: ❑ Commercial ❑ Industrial ❑ Multi-Family C] Town homes/Condos Property Address: 77 v� ffK)14 Owner Name: Owner Phone Number. f �`r1231 . . . • Applicant Type: Contractor, License# Applicant Name: Mailing Addre CilyrlStatelLip: Contact Name: Contact Phone Number: Conte Fax u . Project Details Sign Details: Width Height Length j Z r Total Sq.Ft. I Sign Wording: Project Value:(including labor and materials) e--,z �S IMPORTANT NOTICE: Applicant must attach 1 site plan and 2 sets of Plan Review: building plans for all applications requiring plan review. Min. 24 hour notice required for all inspections. There is a 10 working day turnaroundApproval,Special Conditions: for all permits requiring plan review. Separate permits are required for 8 electrical, plumbing, heating ventilation or air conditioning. This permit becomes null and void if work or construction authorized is notA/ commenced within 180 days, or if construction or work Is suspended or abandoned for a period of 180 days at any time after work has commenced. By signing this ica a fion,you hereby certify that you haveI f read and examined this ca tio and know the same to be true and t ` correct. All provision laws and rdinances governing this type of work ❑ Denial,Reason for Denial: will be complied whether sp fied herein or not. The granting of a G permit does n presume to a authority to violate or cancel the provisions of y other to local law regulating construction or the erf rmance f ns on. plicant takes full responsibility for all work pert rmed. 'p s re onsible for all plan check fees if permit is can I or n Polic9int gnature Date City Official Date Last Revised August 2005 P l U " {� S Glee u WUI�IIN Illlrl u uv4a LSIS U lSu S NA OU II lF�l✓J ON W!L OSIo66 Q p O Q U ® err TO umb MMuIM �9o�ea MIA UQaC P�L304� �" K Ve" _ S©umCE FM [/ D Soca CAM&T �eo�oee ��a���DQ ���4 aga aoQaMm To BE POLMARBOMM WM ALL U'L:RyM O H VVE A DU ° DUC BROADWAY MZZA Space For Leese Cell..... �?d['°� 0 0 u�ee� BY 7MUM PDMS �j (p19o{�e6 U9��o�66 ���rClj 9o��JJo66 u9��o�e6 a�y tion r uminated7alum.pane W graphics 1N2" thIc& letters stud mounted on raP 70 81# columns painted alum. burgundy/ to match awnings Backlit Sign Cabinet: Faces of sign to be polycarbonate with vinyl -_ graphics applied to front PC 7171 all faces to have duranodic vinyl background 1 0 ' Base to have faux stone -- panels by texture plus 12' MOTf TMIIGN AU-NOT RINfBlilD ART TINNANT&MUMSW'►lV CAUtRA REAOV ART fTY- .� ----.--____.. .......___ ItCrycr;tiv.,:v.r.,ro�..1.iq�[f:C�s'fAu� l:vu�in+�'Ixi:CFct4C�� :.lv:C•iiilvaf �)Cna• Cu/w�,1�.(I.�ric�� Ilk MR Hennepin County Property Locator I& Update to Birdseve Viewer Zoom In Zoom Out Pan I Move Identify Clear ap ja ?4 IVAn 11 Click For Tax Info. Parcel 2)Click For Birds Eye 3)Click For Community Info, City N� 4 4 A lot 4)Show Other Man Features R Arm: . w ADDRESS: County le PID; 0702923240359 Hous #, 2702 2861 Street Name: CO RD NO 88 Unit: & city.. ST.ANTHONY Zip. 55418 OWNER/TAXPAYER: Owner: ST ANTHONY VILLAGE CTR LLC PrintST ANTHONY VILLAGE Tax396E T j / payer; CTR LLC ® QO ANDERSON PROP I V— 114 " MGMNT 6205 PARKWOOD Overview ROAD © ., - - -- '� 1 EDINA MN 55436 TAX DISTRICT: Legend About the application Parcels,updated on:3/3/2010 School#: 282 "D Sewer#: Welcome to Hennepin County's Property Locator.To begin using the application Watershed#: 6 either search by(PID,Address,Additon or Twp•Rng-Sec)using the"Quick Search" PARCEL: commands or simply navigate to the desired location using the"Map Tools".For Help more detailed Information click on the Help Buttoni Area; (Acres) 2.08 IIII Area: (So.Feet) 90571 Although extensive effort has been made to produce error free and complete data, Torrens/Abstract:ABSTRACT all geographic Information has limitations due to the scale,resolution,date and CIC NO 1342 AMCON Interpretation of the original source materials.You should consult available data Addition Name: documentation(metadata)for these oarticular data to determine their limitations ST ANTHONY CONDOI Copyright 0 2010 Hennepin County,Minnesota I www.Hennepin.us Accessibility Pollcyl Contact Hennepin Countyl Security/Privacy Statement http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx?PID=0702923240359 3/25/2010 City Council Regular Meeting Minutes August 23, 2005 Page 5 1 Mayor Faust confirmed that sections(h) "Assembly, meeting lodge, or convention halls" and(i) 2 "catering operations cafeterias and delicatessens" were added to the text. This is a Conditional 3 Use Permit in the LI Zoning District. Mr. Jensen confirmed. 4 5 Mr. Mornson noted that zoning text changes only require one reading. The applicant will still 6 have to submit an application for a Conditional Use Permit. 7 8 Mayor Faust asked if a liquor license would need to be issued if this text amendment is allowed. 9 Mr. Gilligan explained that as a catering operation they will have a liquor license through the 10 state. This would be outside the City's control. The City could put conditions on the license 11 through the Conditional Use Permit. 12 13 Motion by Councilmember Horst, seconded by Councilmember Gray, to adopt Resolution 05- 14 065, re: to Amend Section 1640.02 of the zoning Ordinance to allow catering/banquet activities 15 as a permitted Conditional Use in the Industrial Zoning District. 16 17 Motion carried unanimously, 18 19 D. Consider Resolution 05-066, re: Adopt Variance for building setback Amcon St 20 Anthony. 21 Commissioner Jensen reviewed items D., E., and F. with the Council and indicated that the 22 Planning Commission considered each item separately in their meeting. The Commission felt all 23 requirements were met. 24 25 Mr. Paul Tucci, Oppidan, gave an overview of the request. He explained this is the revised site 26 plan from the last request. The building setback variance is requested because there are five feet 27 on the west corner and they would prefer to have twelve feet. The position of the building is 28 similar to the original approval, however this is a smaller building. One of the other requests is 29 in regard to the proximity of the restaurant to the residential area. The size of this building is the 30 same as the original request. They are asking for approval since the original approval has 31 expired. He noted they are also asking for a variance on the parking. He said they have a floor 32 plan for the restaurant that shows 161 seats. Previous approval of the 6,000 square foot 33 restaurant was with 27 parking spots. The square footage on this site is 1,500 square feet less 34 than it was of general retail. It is the same amount of restaurant square footage. He said he 35 wasn't clear on how the 27 parking spots were arrived at. 36 37 Mayor Faust noted the variances were withdrawn and the applicant denied the amendment to the 38 agreement. 39 40 Councilmember Stille asked if a rendering of what the building will look like has been 41 developed. 42 43 Mr. Tucci showed the four elevations. He said they have submitted to the City the photographs 44 of an existing building they will base this from. They eliminated the drive through and put in a 45 door to access the proposed patio. The north elevation drew a great deal of discussion at the 46 Planning Commission meeting due to the gateway from southbound. There were egress doors 47 but he said they will also put glass on the back that will be opaque. He explained that as people City Council Regular Meeting Minutes August 23, 2005 Page 6 1 are driving, they can see the light coming out, but won't be able to see in. The canopies will 2 match as well as the wall sconces. It will give the feeling that it is a four-sided building. 3 4 Mayor Faust noted that without the amendment to the Developer's Agreement, the variances are 5 needless to approve. He stated these request should be held. The request for the Amendment to 6 the Developer's Agreement, Item VII. A. must be moved up to the next item for discussion. 7 8 VII. GENERAL BUSINESS OF COUNCIL 9 A. Resolution 05-069, Amendment to developer's agreement with Amcon St. Anthony_ 10 Mr. Momson explained a letter was presented to him before the meeting that states the applicant 11 will provide the City with $50,000 to amend the Agreement. He said he had a letter from legal 12 counsel that outlines the City's options. He noted eight resolutions were prepared for 13 consideration for this item. 14 15 Councilmember Horst questioned if the agreement is amended as stated, whether the developer 16 would have eight months to complete the project with the same kind of terms that the City would 17 take the property back if this provision isn't met. Mr. Momson said this is something that could 18 be negotiated. It is not stated now. 19 20 Councilmember Horst said that based on the track record, it should be included. Mr. Momson 21 said that if the Council chooses to proceed on that, it should be included in the motion and 22 specific terms should be noted. 23 24 Councilmember Gray asked for an explanation for the difference of$50,000 being offered now 25 and $150,000 offered in June to amend the agreement. Mr. Tucci explained in June they were 26 asking for a major modification. Now they are back to the originally approved plan, basically. 27 He said they had a discussion with Ehlers on the reduced tax amount to the City due to the 28 building size, and the impact was under$1,000 per year. They tried to estimate what the tax 29 implication was and determined the amount of$ 50,000. The taxes should have already been 30 paid for a year on this project. 31 32 Mr. Tucci explained in regards to landscaping with this building they have an integrated 33 landscape plan to integrate what the City will do in the right of way. At the Planning 34 Commission meeting, there was discussion that the developer needs to make sure the sidewalk 35 going around the building connects. That was left to discussion with Staff. He suggested that 36 Guy with Village Pub can explain further. He said they learned from the last proposal that this 37 body seems to have a preference to have the restaurant on the pad where it was first approved. 38 They also learned that the Council was concerned that it would become more of a pub at 3,500 39 square feet. At 6,000 square feet, it seemed too big for a restaurant, so they now arrived at a size 40 of 4,500 square feet. He said they will specify in the lease that a 50/50 ratio of liquor and food 41 sales must be maintained. The architect is ready to start drawings tomorrow if this is approved. 42 He said he would like to begin the site prep work tomorrow. He noted the condition of having 43 the project complete in eight months was an oversight on his part. 44 45 Bob Foster, attorney for applicant and resident, said he asked Guy Peterson of Jackson Street Bar 46 and Grill to attend the meeting. He invited Mr. Peterson to explain why it will be a 47 neighborhood restaurant rather than a bar. City Council Regular Meeting Minutes August 23, 2005 Page 7 1 2 Mr. Guy Peterson, applicant, said the restaurant will look more like an Applebee's. He noted 3 that a 50% food/liquor ratio must be kept by St. Anthony ordinance. He said his goal is to have 4 the building look like a restaurant and not a bar. 5 6 Councilmember Horst said he is concerned about it being in a shopping center location. In the 7 last discussion you were planning on a pub atmosphere. Now, it is planned to look more like an 8 Applebee's. He asked how he plans to accomplish that, and how much will be spent for the 9 interior improvements. Mr. Peterson responded the interior will cost approximately$300,000. 10 The bar seating is very small. The inside will be very open and lighted. He said by contrast, the 11 Jackson Street Bar& Grill has a long bar. He said they never proposed to put a Jackson Street 12 Bar& Grill there. He further noted they were limited to what they could put in the Jackson 13 Street Bar and Grill because it was an old hardware store. 14 15 Councilmember Horst said he was concerned that it should look people friendly. He said 16 $300,000 seems like a low budget. Mr. Peterson said he will do a lot of the work. He agreed the 17 amount is on the low end. He said he will do a lot of work themselves because they are also a 18 construction company. 19 20 Mr. Tucci added that Mr. Peterson's $300,000 is above what they are putting into the base 21 building. 22 23 Councilmember Horst asked if they have an idea of what the restaurant will look like. Mr. Tucci 24 answered they do. The upgrading of the HVAC, electrical, etc. is all in the basic package. For 25 this type of operation, $300,000 is on the low side, but with Mr. Peterson doing their own work, 26 the amount is average. 27 28 Councilmember Horst said he was concerned that it will look cheap with cheap furnishings. Mr. 29 Peterson said the inside will be all wood. 30 31 Councilmember Horst said what he saw at the Jackson Street Bar and Grill is not up to the City's 32 standards. He said he wants to see this location be more upscale. 33 34 Mr. Peterson said there will be dark redwood inside and it will be a more upscale type restaurant. 35 He offered to provide samples. He added that the floor will be 12"x 12"ceramic tile. 36 37 Councilmember Gray pointed out that the proposal states the operator would have the option to 38 cancel the lease with the Sports Boosters if it drives the food ration below the 50%minimum. 39 Mr. Peterson said if they are under 50%, they would not be operating. 40 41 Councilmember Gray asked how that would be determined. 42 43 Mr. Foster said it seemed clear that the concern was this be an upscale restaurant. He stated that 44 one of their concerns was that including the pull tab operation in there is historically in other 45 places more of a bar crowd than a restaurant crowd. He said their first priority is to have this be 46 a restaurant rather than a bar. If it is a successful pull tab operation, this may cause it to be more 47 of a bar than a restaurant. He said they were caught in a Catch-22. The priority will be to make City Council Regular Meeting Minutes August 23, 2005 Page 8 1 this a restaurant and as a result, they were concerned that the pull tab operation may suffer. He 2 said they felt they had to choose to stress the restaurant. 3 4 Mayor Faust said if this were the original plan we wouldn't be here discussing this. He said the 5 Catch-22 is one they created. The developer brought that on themselves. 6 7 Mr. Foster said if this were a Spectators, in a lot of their locations, they are more of a bar than a 8 restaurant. In St. Anthony, they would not allow that. Many of those that play pull tabs are 9 more bar patrons than restaurant patrons. They had to meet the 50% food ratio. 10 11 Mayor Faust commented that restaurant operations at 6,000 square feet do not have the issue of 12 bar vs. food issues. 13 14 Councilmember Horst stated the issue of pull tabs seems to be unenforceable. He said the 15 applicant is stating intentions of making the bar sales secondary. The pull tabs will either be a 16 success or the Sports Boosters will find a different location. He questioned whether the fact that 17 pull tabs will be in the location is part of the agreement at all. 18 19 Mr. Tucci said he drafted that letter. He wanted to make the point that when he negotiates the 20 lease with the Sports Boosters, the option will be there in the event that it becomes an issue with 21 the owner, or the Council. He said they want this to be a restaurant first, and not a bar first. He 22 offered to change the language. 23 24 Councilmember Stille stated all Councilmembers are familiar with the Jackson Street Bar& Grill 25 in Anoka. He asked what other restaurants Mr. Peterson owned. Mr. Peterson replied they have 26 another restaurant and grill in Oak Grove. He stated they have not done anything like this 27 before, and they are trying to expand. 28 29 Mayor Faust asked if the basement is used at the Jackson Street Bar&Grill. Mr. Peterson said it 30 houses the office, walk in cooler, and the freezers. 31 32 Mayor Faust asked if the other bar they own is the SRO. Mr. Peterson confirmed it is. 33 34 Mayor Faust noted that all of Anoka County allows smoking. Hennepin County is having a 35 debate. Mayor Faust said he does like the fact that no smoking is allowed. He added that the 36 City may take up some kind of smoking ban if Hennepin County relents. However, he said he 37 doesn't see any sentiment to change to go to smoking now. 38 39 Mayor Faust indicated there are two proposals for the amendment; one to approve the change to 40 the Amendment and one to deny. 41 42 Discussion 43 Councilmember Horst stated the City has been working on this for almost two years. Amcon has 44 been a good partner in creating at least some activity and at least a start of what will be 45 redevelopment on this end of the city. He said he thinks it is time for this proposal, and it is one 46 that we've wanted them to do all along except for the 1,500 feet. He said he thinks it is time this City Council Regular Meeting Minutes August 23, 2005 Page 9 1 project come to completion. He urged the Council to accept this Development Agreement 2 change and work with Amcon in creating the shopping center. 3 4 Councilmember Stille related the story of Spectators in 2003. He said he has heard a lot of this 5 before as far as permits being applied for and the lease being almost ready to sign. He said he 6 would like to see what is out there in terms of options and opening up for a Request for Proposal. 7 He said the City has come this far and should see what other options are there. He is concerned 8 that the operator has not done this before, and is concerned it could revert back to a bar. He 9 would encourage this applicant to participate in the RFP. 10 11 Councilmember Thuesen said he was glad to hear this would be a neighborhood restaurant vs. a 12 neighborhood bar. He said this cannot be emphasized enough. The establishment being run in 13 Anoka is a different time and place, and he said he is willing to recognize that. He said he 14 believes the operator that wants to build this establishment understands what we are looking for. 15 This process to this point has been painful. He said he is leaning toward approving this 16 operation. He added that he thinks the potential is there for a neighborhood restaurant. 17 18 Councilmember Gray agreed with Councilmembers Horst and Thuesen; he said he thinks it is 19 time to get going. He said he likes the concept and believes it will be a good neighborhood 20 restaurant. This is within walking distance from many residential units and apartments. He 21 noted he has heard from apartment residents that they would like to have something to walk to. 22 The developer is willing to pay the difference on taxes, and he thinks the Council should 23 proceed. 24 25 Mayor Faust indicated he did not feel an obligation to do anything for the sake of speed. He said 26 there is a reason there is a Developer's Agreement. We are at the 11 th hour of the second 27 extension with the Developer's Agreement. He stated he didn't find that Amcon, or whomever 28 the operator is has been forthright with the Council. He said he would like to see what is out 29 there as well. He said he doesn't doubt Mr. Peterson's ability to do what he does. Jackson Street 30 Bar and Grill is a bar and SRO is a greater bar. He commented he heard that 6,000 square feet is 31 the size needed to run a restaurant with a liquor operation. He said he has been told that 32 Applebee's has a 6,000 square foot building. He indicated that 3,900 square feet on the main 33 floor plus a basement is used for the Jackson Street Bar, so it is evident he uses more than 4,500 34 square feet at that location. He also stated there has been time to provide sketches since June. 35 This Developer's Agreement has been trusted for two years. Now he said he would be inclined 36 to take possession of the land and would prefer to direct the City Attorney to do that. 37 38 Councilmember Horst noted that when this proposal was first created, it was because the City 39 went out for bids for proposals. No one came forward right away. The first company that came 40 forward was rejected due to a report by Ehlers. Ehlers found other developers that were 41 interested, including Amcon. Amcon is one of the top developers in the Cities and they are well 42 respected. He said he cannot explain the lack of communication in this project, but he said he 43 has faith in this operation. He said that if bids are requested again, there may not be a response, 44 and time will be wasted. He would like to keep this good partner. He said the City should stop 45 adversarial looking at Amcon and work with them. 46 City Council Regular Meeting Minutes August 23, 2005 Page 10 I Mayor Faust said that the reason there is a Developer's Agreement is because it is adversarial by 2 nature. He stated that we have not wasted time; they have. He said he is not willing to settle. 3 He added that it is a 6,000 square foot parcel by the Developer's Agreement and not 4,500 4 square feet. 5 6 Councilmember Stille said we could put the project back out there. The market may dictate that 7 a restaurant does not belong on that site. He said he would like to see what the market says. 8 9 Councilmember Horst said the fact that no one else wants to put a restaurant on that site doesn't 10 mean a restaurant doesn't belong there. It means to him that no one wants a 4,500 square foot 11 parcel. He said we have gone far down the road with this group; let them finish their work. 12 13 Motion by Councihnember Horst, seconded by Councilmember Gray, to adopt Resolution 05- 14 069, re: Amendment to the Development Agreement between City of St. Anthony and Amcon, 15 LLC. with payment of$50,000 to the City upon issuance of a permit. 16 17 Councilmember Thuesen requested clarification of the issue in front of them. 18 19 Mr. Tucci explained the $50,000 payment is upon execution of the amendment. He said they 20 would have approximately six weeks to file for a building permit and then eight months from the 21 approval of the permit to get the building done. If this is approved tonight, he said they are ready 22 to start the plans tomorrow. 23 24 Councilmember Horst asked if he was publicly stating that should this Developer's Agreement 25 be amended, he will lease this and it will work out. Mr. Peterson confirmed it will work out. 26 27 Mr. Mornson suggested specific dates be included in the Developer's Agreement. He reminded 28 the Council and the applicants that they must apply for a liquor license. 29 30 Councilmember Horst suggested removing the "whereas"point on the Resolution regarding the 31 pull tab operations. This point is in the Developer's Agreement. 32 33 Councilmember Stille raised the issue of the sixth"whereas"point regarding the issuance of 34 issuance of a building permit. Mr. Gilligan stated the building must have a certificate of 35 occupancy by June 1, 2006 and the Resolution should be changed to reflect this. 36 37 Ayes—3, Nays—2 (Stille and Mayor Faust). Motion carried. 38 39 D. Consider Resolution 05-066, re: Adopt Variance for building setback Amcon St. Anthony 40 (continued). 41 Motion by Councilmember Horst, seconded by Councilmember Thuesen, to adopt Resolution 42 05-066, re: Approving a variance for building setback for the development located at 2900 43 Kenzie Terrace. 44 45 Ayes—3, Nays—2 (Stille and Mayor Faust). Motion carried. City Council Regular Meeting Minutes August 23, 2005 Page 11 1 2 E. Consider Resolution 05-067, re: Variance for parking Amcon St. AnthonL. 3 Motion by Councilmember Gray, seconded by Councilmember Horst, to adopt Resolution 05- 4 067, re: Approving a variance for parking for the development located at 2900 Kenzie Terrace. 5 6 Discussion: 7 Councilmember Horst pointed out was unanimously approved at the Planning Commission. He 8 said he doesn't know any reason to go against this particular resolution. 9 10 Ayes—3, Nays—2 (Stille and Mayor Faust). Motion carried. 11 12 13 F. Consider Resolution 05-068, re: Conditional Use Permit for restaurant within 250 feet of 14 residential property at 2900 Kenzie Terrace/Highway 88. 15 Councilmember Stille asked for the attorney's thoughts on this issue. 16 17 Mr. Gilligan said he would check the statutes for the 60-day rule. He noted the 60 days expire 18 September 7. 19 20 Motion by Councilmember Horst, seconded by Councilmember Gray, to adopt Resolution 05- 21 068, re: Approving a conditional use permit to allow a restaurant within 250 feet of a residential 22 property for the development located at 2714 Highway 88. 23 24 Discussion 25 Councilmember Stille said there is a Developer's Agreement that has been approved. Since that 26 is the case, he said he believes the Council should move forward with the Conditional Use 27 Permit. It is difficult to regulate who goes into this. 28 29 Councilmember Horst noted the Conditional Use Permit was argued a long time at the Planning 30 Commission. They did make sure a lot of the conditions the City wanted to see were met. He 31 said he thinks it is the right thing to move forward. 32 33 Mayor Faust said he will vote more as a protest. He said the applicants should take that vote as a 34 lack of overwhelming confidence. The burden is on the developer to see this through. 35 36 Ayes—4, Nays— 1 (Mayor Faust). Motion carried. 37 38 B. Resolution 05-070• Re: Approve the feasibility report for 2006 street improvements 39 Mr. Hubmer reviewed the streets to be improved. He noted storm water improvements are 40 proposed. The proposed project costs for 2006 street reconstruction are $1,132,000. The City 41 assessment roll is that 35%would be assessed to the property owners. Sanitary improvements 42 are assessed for$96,000, which would be a city expenditure. Total assessments will be 43 approximately$1.7 million for a total project cost. He went over the anticipated project 44 schedule. He said they anticipate holding a neighborhood meeting in September 2005 and 45 receiving feedback. In October, he said they anticipate bringing plans back to the Council. The 46 bids will be received in December, and brought to the Council for approval in January of 2006. 47 Construction will begin in May of 2006. Some final project work may be done in June 2007. AnthonySt Department Memo To: Mayor, Council,and City Manager From: John Fire Chief Date: April 6,2010 Re: Code Enforcement Report Please find attached a summary of City Ordinance enforcement activity as conducted by the members of the Fire Department for the first quarter of 2010. In addition to these, many questions and problems are efficiently handled by the administrative staff by phone or in person (walk-ins to City Hall and Fire Station)and do not generate a record of the activity. Should you have any questions or require more detailed information please contact me at any time. Have a great day, John Fire Chief(612-782-3400) 0 Page 1 ST. ANTHONY CITY CODE ENFORCEMENT ACTIVITY First Quarter 2010 CASE# DATE VIOLATION ADDRESS COMPLAINT OFFICER STATUS 001 1/5/2010 3210-39th Avenue NE Fire Hazard clothing piled up in front of fireplace JRH Closed 002 1/22/2010 3616 Coolidge Street Garbage cans out front RL Closed 003 1/22/2010 3604 Coolidge Street Garbage cans out front RL Closed 004 1/22/2010 3613 Coolidge Street Garbage cans out front RL Closed 005 1/22/2010 3633 Belden Drive Trailer on Grass RL Closed 006 1/22/2010 3605 Harding Street Garbage cans out front RL Closed 007 1/22/2010 3628 Edwards Street Garbage cans out front RL Closed 008 2/2/2010 3708-3716 Chandler Drive Dog Droppings RL Closed 009 2/2/2010 2708 Pahl Avenue Bird Droppings RL 010 2/2/2010 2700-39th Avenue—TAJ Indian Grill Signs RL Closed 011 2/11/2010 2700 St.AnthonyBlvd Signs RL Closed 012 2/17/2010 3535 Belden Drive Rental Ins ectlon JRH Closed 013 2/18/2010 3101 Ed emere Junk Cars in Ddveway RL Closed 014 2/23/2010 3530 Edwards Car with expired plates&on jacks RL Closed 015 2/25/2010 2820-34th Avenue Car with expired plates RL Closed 016 3/8/2010 Jack&Jill Daycare Sign Ordinance RL Closed 017 3/9/2010 3913 Fordham drive Noise Complaint/too many cars RL Closed 018 3/9/2010 2712-32nd Avenue Realtors sign next to curb RL Closed 019 3/9/2010 3008-31 st Avenue Expired plates-garbage can RL Closed 020 3/9/2010 3011 -31st Avenue Garbage cans out front RL Closed 021 3/11/2010 2601 -35th Avenue Refuse in yard RL Closed 022 3/11/2010 39th&Stinson Signs RL Closed 023 3/11/2010 2701 -39th Avenue—Game Stop Banner RL Closed 024 3/14/2010 2921 Silver Lake Road Water runoff/drainage RL 025 3/25/2010 2516-29th Avenue Garbage can/cars paking on front lawn JRH 026 3/25/2010 Stinson Blvd&Lowry Trash piled on blvd JRH Closed 027 3/25/2010 2825 Stinson Blvd Ice house stored on side of garage, boat trailer JRH 028 3/25/2010 2829 Stinson Blvd Construction equip.stored in yard JRH 029 3/30/2010 3813 Stinson Blvd Dum ster overfloWng not being em tied JRH 030 4/1/2010 2900 Rankin Road Multi le dogs barking/garbage/trash JRH