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Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, discussion, and possible action on all of the following items:
I. Approval of the October 23, 2017 Planning Commission Meeting Agenda. (action requested)
II. Approval of the September 25, 2017 Regular Planning Commission Meeting Minutes. (pp.1-5)
III. Public Hearing.
A. Consider a request for a conditional use permit to allow an adult daycare facility on the property
located at 2400 37th Avenue. (pp.7-27)
IV. Staff Reports.
V. Other Business.
VI. Community Forum.
Individuals may address the City Council 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 Clerk’s record, and limit their remarks to five minutes.
Generally, the City Council will not take official action on items discussed at this time, but may
typically refer the matter to staff for a future report or direct the matter to be scheduled on an
upcoming agenda.
VII. Information and Announcements.
VIII. Adjournment.
CITY OF SAINT ANTHONY VILLAGE
PLANNING COMMISSION MEETING AGENDA
OCTOBER 23, 2017
COUNCIL CHAMBERS
7:00 PM
CITY OF ST. ANTHONY 1
PLANNING COMMISSION MEETING 2
September 25, 2017 3
7:00 p.m. 4
5
CALL TO ORDER. 6
7
Chairperson Gondorchin called the meeting to order at 7:00 p.m. 8
9
PLEDGE OF ALLEGIANCE. 10
11
Chairperson Gondorchin invited the Commission and the audience to join him in the Pledge of 12
Allegiance. 13
14
ROLL CALL. 15
16
Commissioners Present: Chairperson Gondorchin, Commissioners Bartel, Foster, Kalar, Larson, 17
Papatola, and Westrick 18
19
Absent: None 20
21
Also Present: City Planner Breanne Rothstein 22
23
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I. APPROVAL OF THE SEPTEMBER 25, 2017 PLANNING COMMISSION MEETING 25
AGENDA. 26
27
Motion by Commissioner Larson, seconded by Commissioner Westrick, to approve the 28
September 25, 2017 Planning Commission agenda. 29
30
Motion carried 7-0. 31
32
II. APPROVAL OF THE AUGUST 28, 2017 REGULAR PLANNING COMMISSION 33
MEETING MINUTES. 34
35
Motion by Commissioner Foster, seconded by Commissioner Papatola to approve the August 28, 36
2017 Regular Planning Commission Meeting Minutes as presented. 37
38
Motion carried 7-0. 39
40
Commissioner Westrick volunteered to attend the October 10, 2017 City Council Meeting on 41
behalf of the Planning Commission. 42
43
III. PUBLIC HEARING. 44
45
A. Consider a request for a 17.5 foot variance to build a deck 7.5 feet from the property 46
line at 3113 Edward Street. 47
48
49
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Planning Commission Regular Meeting Minutes
September 25, 2017
Page 2
1
Chairperson Gondorchin opened the public hearing at 7:03 p.m. 2
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City Planner Breanne Rothstein reviewed the City Code requires a rear yard setback of 25 feet. 4
The applicant (David and Mary Friend) is requesting a variance to construct a deck that would 5
project 17.5 feet into the required rear yard setback to result in a rear yard depth of 7.5 feet. The 6
applicant’s request for a variance from the rear yard setback to allow for the construction of the 7
deck addition is not reasonable, per the findings listed in City Code. Therefore, staff 8
recommends denial of the variance to encroach into the rear yard setback. 9
10
The applicant’s address is 3113 Edward St. NE and the existing land use/zoning is Low Density 11
Residential/zoned: R-1 Single Family Residential as are the surrounding land use/zoning. 12
13
Ms. Rothstein indicated the property on a map and summarized the overview of the project. Rear 14
yard setback requirement in the R-1 Single Family Residential District is 25 feet, proposal is to 15
construct a deck expanding from the rear of the existing house, and request for a 17.5-foot 16
variance from the 25’ rear yard setback to create a rear yard setback that is 7.5 feet. Drawings of 17
the deck plans were provided for Commission review. Ms. Rothstein reviewed the variance 18
criteria noting: 19
20
• Subject matter of the application is within the scope of this section – Criterion met. 21
• The property owner proposes to use the property in a reasonable manner not permitted by 22
the zoning code – Criterion not met. 23
• The plight of the property owner is due to circumstances unique to the property not 24
created by the property owner – Criterion not met. 25
• The variance, if granted, will not alter the essential character of the locality – Criterion 26
met. 27
• Economic considerations alone are not the basis of practical difficulties – Criterion not 28
met. 29
• The variance, if granted, would be consistent with the City’s comprehensive land use 30
plan – Criterion not met. 31
• The granting of the variance is in harmony with the general purposes and intent of the 32
zoning code – Criterion not met. 33
34
Ms. Rothstein provided Staff’s recommendation as the Applicant’s request for a variance 35
from the rear yard setback to allow for the construction of the deck addition is not 36
reasonable, per the findings listed in City Code. Staff recommends denial of the variance to 37
encroach into the rear yard setback. 38
39
Commissioner Foster asked if the Applicants were the original builders of the house and Ms. 40
Rothstein stated she does not know. 41
42
Commissioner Papatola asked if the request was for a patio would it be allowed. Ms. 43
Rothstein stated a patio is not subject to a 25-foot setback. Ms. Rothstein stated she had 44
conversations with the contractor and offered some options which a patio is one option. A 45
detached deck would be subject to a five-foot setback. Commissioner Papatola’s second 46
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Planning Commission Regular Meeting Minutes
September 25, 2017
Page 3
question was regarding impervious. Ms. Rothstein stated she has not researched that but 1
believes they are currently at 35%. 2
3
Commissioner Larson asked if there is a minimum setback for the power company to run 4
power lines through the back yard. Ms. Rothstein stated only if there is an easement. The 5
survey does not show an easement. 6
7
David and Mary Friend, Applicants, stated they built the house last spring and this is their 8
first year in the house. The deck they are proposing does not equal a patio. The house was 9
built quite large and it takes a large portion of the lot and it was constructed with the plan to 10
have a deck of that size constructed. A six-foot deck is more of a walkway. The options that 11
were given for a detached deck makes it not very usable. There are other structures in the 12
yard. There is a six-foot privacy fence. He knows there are other decks in St. Anthony 13
Village that are as big as the one they are planning. He asked what would be a reasonable 14
size deck that would be acceptable. Ms. Friend stated they worked with the contractor to 15
come up with a plan that would be suitable per the City Code. A stand-alone deck would be 16
absurd and would be a detriment to the house. 17
18
Commissioner Foster asked if they constructed the home. Mr. Friend stated they did. 19
Commissioner Foster asked if they had any conversations with the contractor regarding 20
setback requirements. Mr. Friend stated part of it was financial at the time they could not 21
afford to add the deck. They wanted to get the interior done. They were more concerned 22
about the front setback and whether it was appropriate for the neighborhood. They 23
constructed a one-story house as a two story would not fit as well in the neighborhood. The 24
builder bought the site and the Friends contracted with that builder. 25
26
Chairperson Gondorchin closed the public hearing at 7:20 p.m. 27
28
Commissioner Foster stated the request does not meet the requirements for a variance and he 29
would not support the request. 30
31
Commissioner Papatola stated he is sympathetic with the desire to have a deck. The Planning 32
Commission has looked at setbacks in the past but they were minimal. He would not be in 33
favor of granting the setback. 34
35
Motion by Chairperson Gondorchin, seconded by Commissioner Papatola to recommend 36
denial of the request for a 17.5-foot variance to build a deck 7.5 feet from the property line at 37
3113 Edward St per the Criteria for and Consistency with Criteria for Variance Approval not 38
being met. 39
40
Motion carried 7-0. 41
42
Chairperson Gondorchin noted this will come before the City Council at their October 10, 43
2017 Meeting. 44
45
IV. STAFF REPORTS – NONE. 46
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Planning Commission Regular Meeting Minutes
September 25, 2017
Page 4
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V. OTHER BUSINESS – NONE. 2
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VI. COMMUNITY FORUM 4
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Ms. Susan Cox, 27th Avenue NE, voiced concern about the Lowry Grove development. She 6
believes residents should have at least two weeks to review any changes proposed by the 7
developer before they are voted on by the Planning Commission or City Council. She proposed if 8
there are significant changes it should be fully vetted by the Planning Commission before going 9
to the City Council. She voiced her opposition to the plan in regard to the traffic plan and water 10
containment on the site. She requested water containment plans that addressed more than a 11
typical rainfall scenario. 12
13
Mr. Thomas Issacson, 2604 Pahl Avenue, acknowledged the Planning Commission for their 14
effort at the last Planning Commission Meeting. He asked that the plan and future plans be 15
reviewed under the 2008 Comprehensive Plan. The developer should have not been shocked by 16
the staff report. He disagreed with the City Planner’s comments regarding the alley access. He 17
questioned guest parking for the development, noting none of the other high-density housing 18
borders single family residential without a buffer. Mr. Issacson stated does not feel there would 19
be enough above ground parking for the project not being adequate. He noted employee parking 20
was not addressed. Mr. Issacson noted staff had requested information on best parking practices 21
at other developments from the developer. 22
23
Chairperson Gondorchin suggested if Mr. Issacson has a list of questions, he should give them to 24
staff to research. Mr. Issacson noted the entrance for 26th Street and Stinson has been closed for 25
many years. The traffic study does not address 29th Street and Silver Lake Road or Lowry and 26
Johnson. He is concerned about the impact on the schools. He thanked the Commissioners for 27
their comments. 28
29
Mr. Perry Thorvig, 3112 Townview Avenue, thanked the Planning Commission for their time 30
spent during the public hearing. He has requested the City Council be submitted by a deadline 31
with 10-day to 2-week notice. Ms. Rothstein stated no revised plans will be reviewed. The plan 32
that was presented to the Planning Commission will go before the City Council. There will not 33
be a staff review of any new plans. Mr. Thorvig stated that is appropriate and appreciated. 34
35
Ms. Susan Guthrie, 2616 Pahl Avenue, talked about EAW worksheet. She will address this with 36
Ms. Rothstein later. She is concerned with the revision and that all the buildings are considered 37
as one project. The EAW does not address the Bremer property. Regarding TIF funding she is 38
concerned that she will be priced out of their homes. She is concerned none of the revenues are 39
coming into the City. The neighborhood needs to be kept intact. 40
41
VII. INFORMATION AND ANNOUNCEMENTS – NONE. 42
43
VIII. ADJOURNMENT. 44
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Planning Commission Regular Meeting Minutes
September 25, 2017
Page 5
Motion by Commissioner Papatola, seconded by Commissioner Foster, to adjourn the meeting at 1
7:45 p.m. 2
3
Motion carried 7-0. 4
5
6
Respectfully submitted, 7
Debbie Wolfe (TimeSaver Off Site Secretarial, Inc.) 8
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MEMORANDUM
To: St. Anthony Village Planning Commission
From: Breanne Rothstein, AICP, City Planner
Date: October 13, 2017
Planning Commission Regular Meeting for October 23, 2017
WSB Project No. 02170-390
Request: Request for a Conditional Use Permit (CUP) to Allow for an Adult Day-Care
Center in a Commercial District Located at 2400 37th Avenue NE
RECOMMENDATION
The Applicant’s request for a Conditional Use Permit (CUP) to allow an adult day-care center located at
2400 37th Avenue NE is consistent with the intent of the Zoning Ordinance and the City’s Comprehensive
Plan. Staff recommends approval of the Applicant’s request as outlined in Exhibit C.
GENERAL INFORMATION
Applicant: Isse Hussein
Owner: Sadiq Punjani
Location: 2400 37th Ave NE
Existing Land Use / Commercial/zoned: Commercial
Zoning:
Surrounding Land North: Commercial / Zoned PUD – Planned Unit Development and C -
Commercial
Use / Zoning: East: Residential / Zoned R-2 Two-Family Residential
South: Residential / Zoned R-2 Two-Family Residential
West: City of Minneapolis (Commercial and Low Density Residential)
Deadline for Agency Application Date: 09-26-17
Action: 60 Days: 11-25-17
Letter Sent: N/A
120 Days: 01-24-18
CONSIDERATIONS RELATING TO THE REQUEST
1. Background
The Applicant wishes to convert an existing gas station at 2400 37th Ave. NE into an adult day care
center. The applicant’s summary of the use indicates that it will primarily be a place for supervised
congregation of senior citizens, providing an environment where they can socialize with other
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October 13, 2017
Page 2
seniors in the community. The intent is to transport the seniors to and from the site and any food
provided would be catered in. Parking is provided for the employees and staff.
Hours of Operation
The City ordinances are silent regarding the hours of operation for adult day-care centers, however
the applicant has indicated that the facility will only operate for approximately six hours a day.
Parking
The City’s parking ordinance requires that the number of parking spaces for uses in the C District be
equal to at least 1 space per 300 square feet of gross floor area. The total square footage of gross
floor area for the proposed use is 2,190 sq. ft., which would require at least seven (7) parking
spaces. The site plan accompanying the application indicates that the applicant will provide 27
parking spaces on the site. If the request is approved, staff would require additional information
prior to issuing a building permit to show that the proposed parking would meet the dimensional
and location requirements for parking as outlined in § 152.179 PARKING.
Consistency with the Comprehensive Plan
The City of St. Anthony Village Comprehensive Plan (2008) guides the subject property for
commercial use on the Future Land Use Plan (Figure 2-5), and the current zoning is consistent with
that designation.
2. Applicable Codes Relating to Conditional Uses.
Title XV Land Usage, Chapter 152 Zoning Code, Section §152.122 PERMITTED CONDITIONAL USES
(WITHIN THE C DISTRICT) (Y) states that “Adult day-care centers, licensed under M.S. Chapter 245A,
as it may be amended from time to time, and Minn. Rules, sections 9555.9600 through 9555.9730”
are permitted in the C District only by conditional use permit issued by the City Council.
3. Criteria for, and Consistency with, Criteria for Conditional Use Permit (CUP) Approval. Title XV
Land Usage, Chapter 152 Zoning Code, Section §152.243 CONDITIONAL USE PERMITS (C) Application
states that a conditional use permit may be granted only by a majority vote of all members of the
City Council after determining that:
1. The use is one of the conditional uses specifically listed for the district in which the property is
located;
The property at 2400 37th Avenue NE is zoned Commercial, which allows “Adult day-care
centers, licensed under M.S. Chapter 245A, as it may be amended from time to time, and Minn.
Rules, sections 9555.9600 through 9555.9730” as a permitted conditional use. Criterion met.
2. The City Council has specified all conditions which the City Council deems necessary to make the
use compatible with other uses in the area:
Conditions have been described in this report and are included in the draft resolution for
consideration. Criterion met.
Conditions include:
1. The Applicant shall submit the appropriate plans and permits for review and approval
before beginning any construction or other alterations that requires a permit (i.e.
building permit for any interior work, sign permit, electrical permit, plumbing permit,
etc.);
2. Applicant receives a revised SAC determination, per the Met Council.
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October 13, 2017
Page 3
3. The use will not be detrimental to the health, safety, or general welfare of persons residing or
working in the vicinity or to the values of property in the vicinity; and
Surrounding land uses in the immediate vicinity include a mix of two-family residential,
commercial, and planned unit development. The property to the north is primarily commercial
in nature, and the parcel to the west across Stinson Blvd. is also commercial. To the east and
south, the properties are residential, and designated for medium density residential
development. The subject property currently has screening to the south and east to minimize
traffic glare to the adjacent residential properties. If approved, the proposed use would be of a
lower intensity than the existing gas station/convenience store, and would produce less traffic.
Additionally, the hours of operation would be limited to daytime hours, further minimizing the
impacts on adjoin properties. Criterion met.
4. The use will provide a service or a facility which is in the interest of public convenience and will
contribute to the general welfare.
If approved, this facility will provide a supervised location with pick-up and drop-off services for
senior citizens. The facility is intended to provide a space for social interaction and
entertainment for senior members of the community and result in the adaptive reuse of a
vacant building. Criterion met.
CONCLUSION
While the adult day-care center use requires a conditional use permit in the C – Commercial District,
there are no specific performance standards provided in the City ordinance other than the required
State permitting. In reviewing this request, staff was unable to identify any specific issues that would
violate the requirements for issuing a CUP and would recommend the Planning Commission take action
to forward a recommendation of approval for this request.
RECOMMENDED ACTION
1. Recommend Approval of the Conditional Use Permit. In the event of a recommendation for
approval, the Planning Commission may refer to Exhibit C and may modify the draft resolution
for approval to include any conditions that it deems necessary.
2. Recommend Denial of the Conditional Use Permit. In the event the Planning Commission
chooses denial of the requested CUP, it should clearly state its reasons for the denial
recommendation and direct staff to prepare a resolution.
3. Request Additional Information and Continue the Public Hearing. It appears the Applicant has
provided all of the required information for the Planning Commission’s evaluation. Should the
Planning Commission request additional information from the Applicant, the Planning
Commission should continue the public hearing until a later time.
ATTACHMENTS
Exhibit A: Location map
Exhibit B: Application and Supporting Material
Exhibit C: Draft Resolution of Approval
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Exhibit A: Location Map
Legend
Zoning Designation
C - Commercial
L1 - Light Industrial
PUD - Planned Unit Development
R1 - Single Family Residential
R1A - Single Family Residential
R2 - Two Family REsidential
R3 - Townhomes
R4 - Multiple Dwellings
ROS - Recreation/Open Space
October 13, 2017 Map Powered by DataLink from WSB & Associates
1 in = 200 ft
±
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Exhibit B: Application and Supporting Material 13
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CITY OF ST. ANTHONY VILLAGE
RESOLUTION XXX
RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) TO ALLOW AN
ADULT DAY-CARE CENTER, LICENSED UNDER M.S. CHAPTER 245A, AND MINN.
RULES ONE THE PROPERTY LOCATED AT 9730 AT 2400 37TH AVENUE NE
WHEREAS, the City of St. Anthony Village received a request from the Applicant Isse Hussein
for a Conditional Use Permit (CUP) to allow an adult day-care center, licensed under M.S.
Chapter 245A, as it may be amended from time to time, and Minn. Rules, sections 9555.9600
through 9555.9730 located at 2400 37th Avenue NE on September 26, 2017, legally described as
follows:
Lots 26, 27, 28, and the west 12.81 feet of lots 1, 2, and 3, Block 2 of the Soo Line Addition,
Hennepin County, Minnesota, and
WHEREAS, the Property located at 2400 37th Avenue NE is located within the C –
Commercial District; and
WHEREAS, adult day-care centers, licensed under M.S. Chapter 245A, as it may be
amended from time to time, and Minn. Rules, sections 9555.9600 through
9555.9730 are a permitted conditional use with the issuance of a
Conditional Use Permit (CUP) in the C – Commercial Zoning District;
and
WHEREAS, the Planning Commission reviewed and considered the request based on
the related documents shown in the Applicant’s application in a public
hearing at their regular meeting on October 23, 2017 and recommended
approval of the request; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony
Village approves the Applicant’s Conditional Use Permit (CUP) request based on the following
findings:
1. The requested conditional use permit (CUP) is consistent with all of the
standards for granting a conditional use permit as described in Section §152.243
of the St. Anthony Village Zoning Code. More specifically, the City Council
finds that the required conditional use permit is justified for the following
reasons:
a. The use is one of the conditional uses specifically listed within the C-
Commercial Zoning District in which the Property is located in.
b. The City has specified all conditions which the City Council has deemed
necessary to make the use compatible with other uses in the area;
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c. The use will not be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity or to the values of property in
the vicinity; and
d. The proposed use will provide a service which is in the interest of public
convenience and will contribute to the general welfare.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council’s approval of t
the requested conditional use permit is contingent on the following:
1. The Applicant shall submit the appropriate plans and permits for review and
approval before beginning any construction or other alterations that requires a
permit (i.e. building permit for any interior work, sign permit, electrical permit,
plumbing permit, etc.).
2. The Applicant receives an updated SAC determination, per the Metropolitan
Council.
APPROVED in the regular session of the City Council on ___________________.
___________________________________
Jerome O. Faust, Mayor
Attested:
___________________________________
Nicole Miller, City Clerk
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2400 37th Ave NE
CUP Request
Planning Commission Meeting
October 23, 2017
2400 37th Ave NE
General Information
Applicants: Isse Hussein
Owners: Sadiq Punjani
Location: 2400 37th Ave NE
Existing Land Use Commercial/ Zoned: C - Commercial
/ Zoning:
Surrounding Land Use
/ Zoning: North: Commercial / Zoned PUD – Planned Unit Development and C -
Commercial
East: Residential / Zoned R-2 Two-Family Residential
South: Residential / Zoned R-2 Two-Family Residential
West: City of Minneapolis (Commercial and Low Density Residential)
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Description of Request
24
2400 37th Ave NW
•CUP Criteria Review
–Use is one of the conditional uses specifically
listed for the district in which the property is
located; CRITERION MET
–Use will not be detrimental to the health, safety or
general welfare of persons residing or working in
the vicinity; CRITERION MET
–Use will provide a service or facility which is in the
interest of public convenience and will contribute
to the general welfare; CRITERION MET
2400 37th Ave NW
RECOMMENDATION
Staff recommends approval of the application, subject to the following conditions:
•The Applicant shall submit the appropriate plans and permits for review
and approval before beginning any construction or other alterations that
requires a permit (i.e. building permit for any interior work, sign permit,
electrical permit, plumbing permit, etc.).
•Applicant receives a revised SAC determination, per the Met Council.
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2400 37th Ave NW
Questions?
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3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 • www.savmn.com •(612) 782-3301 Fax (612) 782-3302
Our mission is to be a progressive and livable community, a walkable village which is sustainable, safe and secure.
NOTICE OF A PUBLIC HEARING
Notice is hereby given that on October 23, 2017, at 7:00 p.m. at City Hall, 3301 Silver Lake Road, the
Saint Anthony Village Planning Commission will hold a public hearing to solicit public response to a
request for a conditional use permit to allow an adult day care facility on the property located at 2400
37th Avenue. An adult day care is similar to a senior center, with daytime hours of operation. The
Planning Commission will make a recommendation regarding the proposed request to the City Council
for their meeting to be held on November 14, 2017, at 7:00 p.m. at City Hall.
Those persons having an interest in said meetings are encouraged to attend. Oral testimony will be
accepted on the above subject at this meeting. Written comments may be taken at the St. Anthony
Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the
hearing. Questions may be directed to the City Planner at 763-231-4863.
The Planning Commission agenda and packet item relating to this application will be made available
prior to the meeting online at www.savmn.com
Breanne Rothstein, AICP
City Planner
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