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1971 PC Meeting MinutesJANUARY 11, 1971 The regular meeting of the Planning Commission convened at 7:30 p.m. with the following members present: Bergman, Elsen, Juday, McLaughlin, Neubarth, Nystrom, Peters, Roleff and Schilling; the following were absent: Anderson, Johnson, Pahos, Plasencia and Schilling; also present were planning consultants Schmock and Sherburne. Moved by Commissioner Rygg and seconded by Commissioner Peters to approve the minutes of the December 14, 1970 meeting. Motion carried. 1. John J. Waters, attorney, appeared representing Am -Cal Con- struction Co., 11 West 42nd Street, New York, regarding appli- cation #71-1 to rezone from R-1 District (single family dwelling) to C-1 District (commercial) and R-4 District (general multiple dwellings) to C-1 District (commercial) all of Lots 1 thru 4 inclusive and the West 5 feet of Lots 5 thru 8 inclusive, all in Block 1, Lynn Gardens Addition, all owned by Becon Corporation except the West 5 feet of Lot 8 which is owned by Joseph Pazandak. Mr. Waters stated that his client plans on building a one-story masonry structure on the North half of the site for a Kinney Shoe Store. Moved by Commissioner Roleff and seconded by Commissioner McLaughlin to hold a Public Hearing on February 8, 1971 at 8:00 P.M. in the Crystal Municipal Building, 4141 Douglas Drive, to further consider application #71-1 to rezone from R-1 District (single family dwelling) to C-1 District (commercial) and R-4 District (general multiple dwellings) to C-1 District (commercial) all of Lots 1 thru 4 inclusive and the West 5 feet of Lots 5 thru 8 inclusive, all in Block 1, Lynn Gardens Addition. Motion carried. 2. It being 7:45 P.M., Chairman Elsen declared this was the time and the place to further consider the continued Public Hearing of December 14th, application #70-15, for proposed rezoning from R-4 District (general multiple dwellings) to C-1 District (commercial) and legally described as Lot 1, Block 1, Douglas Court 2nd Addition, 2731 Douglas Drive. Fee owner and applicant, Wallace B. Kenneth. As no one appeared at the continued hearing of December 14th, the hearing was continued until January 11, 1971 to allow the applicant to present some evidence of his intent to build the building by showing some agreement that financing has already been applied for and obtained. Moved by Commissioner Neubarth and seconded by Commissioner Roleff to deny application #70-15 for proposed rezoning from R-4 District (general multiple dwellings) to C-1 District (com- mercial) and legally described as Lot 1, Block 1, Douglas Court 2nd Addition as no one appeared at the hearing which has been continued twice or submitted the information as requested above. Motion carried. 166 -2- 3. Final approval of EARL WILSON 2ND ADDITION which is a replat of Lots 11 and 12, Block 1, Sunnybrook Acres 2nd Addition, lying East of the West 10 feet thereof and lying West of the East 30 feet thereof, and Lot 2, Block 1, Cravens Gardens Addition, North of 32nd Avenue abutting on Adair & Brunswick Avenues North, applicant Earl Wilson. Moved by Commissioner Roleff and seconded by Commissioner Bergman to grant final approval of EARL WILSON 2ND ADDITION, subject to standard procedure. Motion carried. 4. Martin Campion appeared regarding application #71-3 for a side yard set back variance and a rear yard set back variance at 5050 Jersey Avenue North, Lot 9, Russ 2nd Addition, applicant St. Therese Home, Inc. The variances are requested because when the lot is subdivided into three lots, the lot on which the house is located will be 4z' from Jersey Avenue and will be located on the rear 1/4 of lot. There was discussion regarding the necessary variances, tearing down of the green- house, feasibility of remodeling the home or having it torn down, driveway requirements, and the removal of the oil tank in the street right of way and the boiler in the basement. Moved by Commissioner Rygg and seconded by Commissioner McLaughlin to table until January 25, 1971 for further consider- ation application #71-3 for variances at 5050 Jersey Avenue North to enable the planning commission members to make a visual inspection of the premises. Motion carried. 5. Application #71-2 for proposed rezoning from R-1 District (single family dwelling) to C-1 District (commercial) on Lots 3 and 4, Block 1, Robin View Addition, 56th & Orchard Avenue, owner Vic Peppe, applicant A. A. Hardy & Associates, for the construction of a restaurant. As no one appeared regarding application #71-2 for rezoning, it was moved to table until January 25, 1971 the rezoning application as described above. Motion carried. 6. The City Council has adopted an Ordinance establishing an Environmental Commission for the City of Crystal. The composition of this Commission under Section 9 of Ordinance 70.6 provides that said Commission shall be composed of 9 regular members appointed by the City Council and 5 ex -officio members as follows: The Mayor or his Councilman appointee and each existing advisory commission (Planning, Parks and Recreation, Human Rights, Human Behaviors) may appoint one of its members to ex -officio member- ship on the Environmental Commission. The terms of such ex -officio members shall be at the pleasure of their parent commission. b� January 11, 1971 (continued) The ex -officio member shall provide a liaison between this Commission and their parent group. Moved by Commissioner Roleff and seconded by Commissioner Nystrom that Commissioner McLaughlin be appointed as ex -officio member from the Planning Commission to the Environmental Commission to coincide with her present term. Motion carried. 7. ELECTION OF OFFICERS: Moved by Commissioner Roleff and seconded by Commissioner McLaughlin to nominate Commissioner Elsen for Chairman for the year 1971. Moved by Commissioner Peters and seconded by Commissioner Juday that nominations be closed and the secretary be instructed to cast a unanimous ballot for Commissioner Elsen as Chairman. Motion carried. Moved by Commissioner Neubarth and seconded by Commissioner Bergman to nominate Commissioner Peters for Vice -Chairman for the year 1971. Moved by Commissioner Juday and -seconded by Commissioner McLaughlin that nominations be closed and the secretary be instructed to cast a unanimous ballot for Commissioner Peters as Vice -Chairman. Motion carried. Moved by Commissioner Roleff and seconded by Commissioner Juday to nominate Commissioner Neubarth for Secretary for the year 1971. Moved by Commissioner McLaughlin and seconded by Commissioner Juday that nominations be closed and the secretary be instructed to cast a unanimous ballot for Commissioner Neubarth as Secretary. Motion carried. Moved by Commissioner Roleff and seconded by Commissioner McLaughlin to adjourn. ChairmdZ Elsen eM.1 Secretary Neubarth JANUARY 25, 1971 The regular meeting of the Planning Commission convened at 7:30 P.M. with the following members present: Elsen, McLaughlin, Neubarth, Nystrom, Pahos, Peters, Roleff, Rygg and Schilling; the following were absent: Anderson, Bergman, Johnson, Juday and Plasencia; also present was planning consultant Schmock. Moved by Commissioner Peters and seconded by Commissioner Nystrom to approve the minutes of the January 11, 1971 meeting. Motion carried. 1. Victor Peppe, owner, appeared regarding application #71-2 for proposed rezoning of Lots 3 & 4, Block 1, Robin View Addition, from R-1 District (single family dwelling) to C-1 District (commercial), 56th and Orchard Avenue North, applicant A. A. Hardy & Associates. This application was tabled January 11, 1971 as no one appeared regarding the application. Mr. Peppe explained their plans for building an Italian restaurant of approximately 3000 square feet on the premises. Moved by Commissioner Nystrom and seconded by Commissioner McLaughlin to hold a Public Hearing at 7:30 P.M., February 22, 1971, in the Crystal Municipal Building, 4141 Douglas Drive, to further consider application #71-2 for rezoning as des- cribed above. Motion carried. 2. Martin Campion appeared regarding application #71-3 for a side yard set back variance and a rear yard set back variance at 5050 Jersey Avenue North, Lot 9, Russ 2nd Addition, applicant St. Therese Home, Inc. The variances are requested because when the lot is subdivided into three lots, the lot on which the house is located will be 42' from Jersey Avenue and will be located on the rear 1/4 of lot. This application was tabled January 11, 1971 for further consideration so as to enable the Planning Commission members to make a visual inspection of the premises. There was much discussion regarding the dilapidated condition of the house, the cost of remodeling it, the hazardous conditions which exist with the swimming pool and the greenhouse, removal of the storage tank in the street right of way and the boiler in the basement, and the possibility of the lots being sold without having the remodeling done. Moved by Commissioner Roleff and seconded by Commissioner Nystrom to deny application #71-3 for variances at 5050 Jersey Avenue North unless a firm commitment from the St. Therese Home or a buyer be presented to the Council, when they consider this appli- cation, with plans to remodel structure and bring it up to code, or a commitment presented to remove structure from the premises, and if this is not done, it is recommended that the Council deny the application and exercise their powers to have the property condemned and have it removed. Motion carried. 4:6,9, l)7, January 25, 1971 (continued) 3. Martin Campion appeared regarding final approval of CORVALLIS TERRACE ADDITION which is a replat of Lot 9, Russ 2nd Addition to Crystal Village, Minnesota. Moved by Commissioner Rygg and seconded by Commissioner McLaughlin to table for further study final approval of CORVALLIS TERRACE ADDITION until the above contingencies are resolved. Motion carried. 4. Sharon Scheiller, applicant, and Orest Harasyn, owner, appeared regarding application #71-4 to expand the special use permit for a dog kennel at 4805 Idaho Avenue North into the 14'x22' area known as 4803 Idaho Avenue North. The original special use permit confined the area to a 14'x22' room known as 4805 Idaho Avenue North. Moved by Commissioner Roleff and seconded by Commissioner McLaughlin to hold a Public Hearing at 7:45 P.M., February 22, 1971, in the Crystal Municipal Building, 4141 Douglas Drive, to further consider application #71-4 for expanded use of the special use permit. Motion carried. j. Ronald A. Heskin of Heskin & Associates, Inc. appeared regarding application #71-5 for a special use permit to build and operate an automatic car wash with gasoline sales at 3148 Douglas Drive North, and legally described as the West 135' of the West 625.5' of the North 2 of Lot 25, Sunnybrook Acres. Mr. Schmock stated that an action involving a previous special use permit application for the same property, which was pending in District Court, has been dismissed and at present there is no action pending on this property. Mr. Heskin showed plans for a White Knight Car Wash with two curb cuts on 32nd Avenue North. Moved by Commissioner Neubarth and seconded by Commissioner Rygg to hold a Public Hearing at 8:00 P.M., February 22, 1971, at the Crystal Municipal Building, 4141 Douglas Drive, to further consider application #71-5 for a special use permit as described above. Motion carried. 6. Request of Stanley E. Mertz for present and possible uses of.one of the apartments in the 4-plex at 4912 56th Avenue North. Mr. Mertz appeared before the'City Council at their regular meeting of January 19, 1971, and explained some of his requests for use in this apartment building, and the City Council referred him to the Planning Commission. He presently wants to use apartment #4 which is directly below his apart- ment #2 for the following: customary home occupation, a personal office, hobby workroom, occasional guest sleeping quarters, building maintenance work room and storage room, personal storage and hobbies (hi-fi and electronics, rock collecting 170 January 25, 1971 (continued) and tumbling, wood working and photography). Possible future uses: addition of rock polishing equipment, some wood work equipment, possible conversion back to apartment in the future and occasional use as an engineering office by him. No one appeared regarding the request. Moved by Commissioner McLaughlin and seconded by Commissioner Rygg to table until February 8, 1971 the above matter to allow the proponent to appear and explain his reasons for departure from normal apartment use. Motion carried. 7. DISCUSSION ITEM REGARDING PUBLIC HEARINGS ON ALL VARIANCE APPLICATIONS. There was discussion on whether public hearings should be held on all variance applications, however minimal, or whether each variance application should be judged as they come in as to whether it merits advertising and having the people in the area notified. Moved by Commissioner Peters and seconded by Commissioner Rygg that they hold public hearings in addition to the hearing at time of presentation on all variance applications where, in their considered judgment, the variance is of sufficient import- ance to seek additional information from the people living in the neighborhood. Motion carried. €. Don Nelson appeared regarding tentative approval of proposed Don Nelson Addition which is a replat of Lot 4, Block 2, Rosedale Acres and the South 215' of Lot 5, Block 2, Rosedale Acres lying East of the West 63' thereof, located on the South- west quadrant of 36th Avenue and Yates Avenue North Moved by Commissioner Peters and seconded by Commissioner Roleff to grant tentative approval of the DON NELSON ADDITION, subject to utility and drainage easements, and further subject to standard procedure. Motion carried. Moved by Commissioner Peters and seconded by Commissioner McLaughlin to adjourn. Chairmay Elsen IL Secretary Neubarth 1711 - FEBRUARY 71 1 FEBRUARY 8, 1971 The regular meeting of the Planning Commission convened at 7:30 P.M. with the following members present: Bergman, Elsen, McLaughlin, Neubarth, Nystrom, Pahos, Plasencia and Wellik; the following were absent: Anderson, Johnson, Juday, Peters, Roleff, Rygg and Schilling; also present were planning consultants Schmock and Sherburne. Moved by Commissioner Roleff and seconded by Commissioner Pahos to approve the minutes of the January 25, 1971 meeting. Motion carried. Richard Kauffmann of Village Builders, Inc., applicant, appeared regarding application #71-6 for proposed rezoning from M-1 Dis- trict (industrial) to R-4 District (general multiple dwellings) that part of Lot 10 lying South of the North 250' thereof and lying East of the West 100' thereof and that part of the North 250' of Lot 10 lying East of the West 110' thereof, except street, Robbinsdale Gardens Addition, 33rd and Louisiana -Nevada Avenue North, owner O.K. Realty Co. Mr. Kauffmann stated that they have owned this property over ten years, during which a good portion of that time it has been land -locked. They have adver- tised it as an industrial site but have been unable to do any- thing with it and they feel the site would be a good location for multiple dwellings. Moved by Commissioner Bergman and seconded by Commissioner McLaughlin to hold a Public Hearing at 7:45 P.M., March 8, 1971, in the Crystal Municipal Building, 4141 Douglas Drive, to further consider application #71-6 for rezoning, as described above. Motion carried. 2.. Final approval of CORVALLIS TERRACE ADDITION which is a replat of Lot 9, Russ 2nd Addition to Crystal Village, Minnesota, which was tabled January 25, 1971 until certain commitments were made regarding structures on said lot. Martin Campion of Campion & Associates and Jim Wall, Administrator of St. Therese Home, Inc. appeared before the City Council February 2, 1971 regarding variance application #71-3 at 5050 Jersey Avenue North, and submitted a letter requesting approval of variances subject Lo the following work being completed: 1) remove greenhouse; 2) fill in pool; 3) repair exterior of house to conform with rest of house; 4) replace glass as necessary in house; 5) patch walls, repaint walls and cover floors as necessary; 6) bring plumbing and wiring up to code as necessary; and 7) remove underground oil storage tank in front of house. The City Council adopted a resolution approving the variance application subject to the above named conditions, and also made.a motion to refer to the Planning Commission indicating the Council will withhold final plat approval until all conditions set forth by Planning Commission January 25, 1971 minutes are met. There was discussion regarding deleting "as necessary" from item #6 above, removing boiler from basement and setting a time limit on having the work done 17 2' February 8, 1971 (continued) Moved by Commissioner Neubarth and seconded by Commissioner Bergman to grant final approval of CORVALLIS TERRACE ADDI- TION, subject to the following conditions: 1) remove green- house; 2) fill in pool; 3) repair exterior of house to conform with rest of house; 4) replace glass as necessary in house; 5) patch walls, repaint walls and cover floors as necessary; 6) bring plumbing and wiring up to code; 7) remove underground oil storage tank in front of house; 8) remove boiler from basement; and 9) this work to be completed within ninety days. Motion carried. 3. It being 8:00 P.M., Chairman Elsen declared this was the time and the place for a Public Hearing to further consider appli- cation #71-1 for the following proposed rezonings: From R-4 District (general multiple dwellings) to C-1 District (commercial) and legally described as all of Lots 1 to 4 inclusive in Block 1, Lynn Gardens. Said legal description is designated as 2948-2956-2964-2972 Winnetka Avenue North; From R-1 District (single family dwelling) to C-1 Dis- trict (commercial) the West 5 feet of Lots 5 to 8 inclusive in Block 1, Lynn Gardens. Said legal descrip- tion is designated as 2947-2955-2963-2971 Sumter Avenue N. Fee owner Becon Corporation and Joseph Pazandak; applicant Am -Cal Construction Co. John J. Waters, attorney represent- ing Am -Cal Construction Co., appeared regarding their plans for building a Kinney Shoe Store on the north one-half of the site, the balance to be used for expansion or additional parking as needed by the owner. The rezoning of the West 5 feet of Lots 5 to 8 inclusive in Block 1, Lynn Gardens, is requested to align these lots with those in New Hope. Mr. Waters read three letters from residents in the area who did not oppose the rezoning. Approximately twenty-five people attended the hearing. Persons in attendance who identified themselves as opposing the rezoning included: Robert Jensen 7634 30th Avenue North Raleigh Westlin 3001 Winnetka Avenue Mrs. Raleigh Westlin "1 Walter Barniskis Land Use Chairman for the Planning Commission in New Hope Robert Gfroerer 2916 Sumter Avenue, New Hope Gerald Lejchar 2946 Sumter Avenue Don Carolla 7901 30th Avenue Persons in attendance who favored the rezoning: Joe Pazandak 2971 Sumter Avenue Mr. Jensen presented a petition signed by residents in the area who are opposed to the rezoning (a copy of which is on file). Moved by Commissioner Bergman and seconded by Commissioner Neubarth to deny rezoning application #71-1 as described above because the proposed commercial zoning would not be compatible with the present residential neighborhood, would be a glaring February 8, 1971 (continued) example of spot zoning and because a previous request was granted in recent years to change the zoning on this property from residential to multiple dwelling and we believe this should be sufficient insofar as rezoning requests are concerned. Motion carried. 4. Stanley E. Mertz, owner of a 4-plex at 4912 56th Avenue North, appeared regarding present and future uses of apartment #4 which is directly below his apartment #2. He presently wants to use this apartment for the following: customary home occupation, a personal office, hobby workroom, occasional guest sleeping quarters, building maintenance workroom and storage room, per- sonal storage and hobbies (hi-fi and electronics, rock collecting and tumbling, wood working and photography; possible future uses: addition of rock polishing equipment, some wood work equipment, possible conversion back to apartment in the future and occasional use as an engineering office by him. Mr. Mertz contends that these uses are permitted within the City ordinance. There was dis- cussion regarding the interpretation of Section 42.05 (8) and Section 42.07 (1) of the Zoning Regulations of the City of Crystal. Moved by Commissioner Plasencia and seconded by Commissioner Bergman that in their opinion the uses referred to above are permitted within our ordinance in the type of structure Mr. Mertz is occupying, and recommended that the City Attorney be asked to give an opinion regarding the legality of these uses, and if he concurs, that Mr. Mertz be allowed to use apartment #4 for the above stated uses. Motion carried. Discussion Item: Application #70-15 of Wallace B. Kenneth to rezone Lot 1, Block 1, Douglas Court 2nd Addition, from R-4 District (general multiple dwellings) to C-1 District (commercial) for an office building which was denied by the Planning Commission January 11, 1971. Mr. Sherburne stated that shortly before the January 19, 1971 Council meeting he received a phone call from Mortgage Associates, Inc., who are representing Mr. Kenneth, that they would be submitting some evidence of their intent to build this structure. The City Council referred the application back to the Planning Commission for further consideration. Mr. Sher- burne stated that he has heard nothing further from them. It was decided that if nothing is submitted within the next two weeks that the application would go back to the Council and they could act on it. Commissioner McLaughlin reported on the progress of the Environmental Commission. Chairman Elsen reported that Heritage Homes is interested in putting up a seven -story apartment for elderly people in Crystal and thinks we should start working on setting up an ordinance covering senior citizen housing. Moved by Commissioner Pahos and seconded by Commissioner McLaughlin to act j uurn . Secretary Neubarth Chairan Elsen 1?4 FEBRUARY 22, 1971 The regular meeting of the Planning Commission convened at 7:30 P.M. with the following members present: Bergman, Elsen, McLaughlin, Neu- barth, Peters, Roleff, Rygg, Schilling and Wellik; the following were absent: Anderson, Johnson, Juday, Nystrom, Pahos and Plasencia; also present were planning consultants Schmock and Sherburne. Moved by Commissioner Peters and seconded by Commissioner Bergman to approve the minutes of the February 8, 1971 meeting. Motion carried. 1, It being 7:30 P.M., Chairman Elsen declared this was the time and the place for a Public Hearing to consider application #71-2 for the proposed rezoning from R-1 District (one family dwelling) to C-1 District (commercial) and legally described as Lots 3 and 4, Block 1, Robin View Addition. Said legal description is designated as 56th and Orchard Avenue North. As the proponents for this proposed zoning change were not present, Mr. Schmock submitted a letter received February 9, 1971 and dated February 3, 1971, stating the cancelling of all plans and the withdrawing of the request for commercial zoning of the above described property, signed by Victor S. Peppe, fee owner, and Robert Sandeen of A. A. Hardy &.Associates, applicant. After discussion, the following action was taken: Moved by Commissioner Neubarth and seconded by Commissioner Roleff that in view of the fact that the owner, Victor S. Peppe, and petitioner, Robert Sandeen of A. A. Hardy & Associates, have withdrawn their request for a C-1 District (commercial) zoning, that the Public Hearing be closed and the requested zoning change be denied. Motion carried. 2.. It being 7:45 P.M., Chairman Elsen declared this was the time and the place for a Public Hearing to further consider appli- cation #71-4 to increase the area of a special use permit for a dog kennel on Lot 4, Block 2, Ostman's 5th Addition, on the application of Sharon Scheiller and fee property owner Orest Harasyn. Said legal description is designated as 4803-05 Idaho Avenue North. Sharon Scheiller appeared and explained her request to enlarge the area of the special use permit to include a 14x22' area to be used for sales of pet accessory items; the addition of retail sales of tropical fish and gerbils; and to extend the hours they are open to 9:00 P.M. instead of 6:00 P.M. Eleven persons attended the hearing including the following: Sharon Scheiller 5259 Douglas Drive Mr. & Mrs. Orest Harasyn 4656 Maryland Avenue Mr. & Mrs. Herbert Mans 4832 Idaho Avenue Mrs. Kenneth Broady 4821 Idaho Avenue Nobody voiced opposition to the proposed expansion. After dis- cussion, the following action was taken: FEBRUARY 22, 1971 - continued Moved by Commissioner Roleff and seconded by Commissioner McLaughlin to approve the expansion of the special use permit as described above, retaining the original restrictions, with the following exceptions: The area of the special use permit to be expanded to 28x22' Allow the additional sales of tropical fish and gerbils, along with other pet supplies. The hours they may stay open changed to 9:00 P.M., Monday through Friday, for sale purposes only; the hours for dog grooming will remain the same. Motion carried. 3. It being 8:00 P.M., Chairman Elsen declared this was the time and the place for a Public Hearing to further consider appli- cation #71-5 for a special use permit for an automatic car wash with gasoline sales on the following legal description: the West 135' of the West 625.5' of the North 1/2 of Lot 25, Sunny - brook Acres, except street, on the application of Heskin & Associates, Inc., fee owner, Stuart E. Gale. Said legal des- cription is designated as 3148 Douglas Drive North. Ron Heskin of Heskin & Associates appeared and explained their plans for building a White Knight completely automatic car wash with gasoline sales which would be a colonial type structure with ingress and egress on 32nd Avenue. Leo Merchant, 3140 Douglas Drive, attended the hearing. There was discussion regarding the stacking of cars, off street parking for employees, type of sign or signs that would be used, fencing, the additional 7' right of way required by the County and the hours they would be open. The following action was taken: Moved by Commissioner Roleff and seconded by Commissioner Peters to approve a special use permit for an automatic car wash with gasoline sales, as described above, with the following conditions: Hours of operation shall be to 9:00 P.M., Monday through Saturday; no night hours on Sunday. Recommend single post sign if it can be practically worked out. Provide four off street parking stalls for employees. Provide stacking for 30 cars. Motion carried. DISCUSSION ITEMS: 1. Application #70-15 of Wallace B. Kenneth to rezone Lot 1, Block 1, Douglas Court 2nd Addition, which was referred back to the Plan- ning Commission by the Council and discussed at the February 8th meeting at which time it was decided that if nothing further was submitted within the next two weeks that the application would go back to the Council and they could act on it. No further com- munication from Mortgage & Associates or Mr. Kenneth has been received. After discussion, the following action was taken. Moved by Commissioner Rygg and seconded by Commissioner McLaughlin to reaffirm the original decision of January 11, 1971 to deny the rezoning request because of lack of interest by the applicant. Motion carried. 116" February 22, 1971 - (continued) ?. Mr. Schmock submitted two letters from Dabe J. Shama, City Attorney, relating to the possible uses of an apartment owned by Stanley E. Merz at 4912 56th Avenue North. After discussing the letters and listening to the comments of Mr. Merz who was present, it was agreed that no action would be taken. 3. The City Council wishes that the Planning Commission view and comment on the preliminary plans for the improvement of T.H.100 as it passes through the City of Crystal and U.S. Highway 52 from 47th Avenue to Corvallis Avenue. It was moved by Com- missioner McLaughlin and seconded by Commissioner Roleff to recess the meeting so that the members could adjourn to the City offices to view the map. After Mr. Sherburne explained the plans and the members returned to the Council room, the following action was taken: Moved by Commissioner Roleff and seconded by Commissioner Bergman that they approve the preliminary plans and recommend to the Council that they accept this plan and proceed forth- with to implement it. Motion carried. Moved by Commissioner Bergman and seconded by Commissioner Peters to adjourn. Secretary Neubarth Chairma �A lsen MARCH 8, 1971 The regular meeting of the Planning Commission convened at 7:30 P.M. with the following members present: Bergman, Elsen, Johnson, Mc- Laughlin, Nystrom, Pahos, Roleff, Rygg and Wellik; Peters arrived at 7:41 P.M.; the following were absent: Anderson, Juday, Neubarth, Plasencia and Schilling; also present were planning consultants Schmock and Sherburne. Moved by Commissioner Bergman and seconded by Commissioner Rygg to approve the minutes of the February 22, 1971 meeting. Motion carried. I. It being 7:45 P.M., Chairman Elsen declared this was the time and the place to consider rezoning application #71-6 of Village Builders, Inc. to rezone from M-1 District (industrial) to R-4 District (general multiple dwellings) and legally described as follows: That part of Lot 10 lying South of the North 250 feet thereof and lying East of the West 100 feet thereof and that part of the North 250 feet of Lot 10 lying East of the West 110 feet thereof, except street, Robbinsdale Gardens. Said legal description is designated as 3345 Nevada Avenue North. Richard Kauffmann, Vice President of Village Builders, Inc., the proponents, appeared and presented site plans for a 63 unit multiple dwelling complex. Mr. Kauffmann stated he wanted the rezoning change because he has been unable to create any interest in this property as it is presently zoned. This property had been land locked for a number of years until Nevada Avenue was completed about a year ago which made access avail- able. Approximately 20 persons attended the hearing including the following who identified themselves and voiced their opinions against the rezoning: Dennis Albrecht 7224 33rd Avenue North Walter Barniskis New Hope Planning Commission Edward DeJarlais 7315 33rd Avenue North Adrian Olson 7201 Valley Place North Bill Karges 7216 33rd Avenue North Lowell Thone 7200 33rd Avenue North Vern Kevitt 7324 33rd Avenue North Willard Brumitt 7323 33rd Avenue North Joe Pazandak was also in attendance. There was discussion regarding developing the area as an industrial site, and if.it were rezoned multiple dwelling, what would happen to the remain- ing industrial zoned land in the area; additional traffic problems it would create; the crowding in schools with a saturation of multiple dwellings; and discriminating against other property owners in the area if they requested a rezoning change and it were denied. The following action was taken: Moved by Commissioner Pahos and seconded by Commissioner Johnson to deny rezoning application #71-6 of Village Builders, Inc., from M-1 District (industrial) to R-4 District (general multiple dwellings) and legally described as follows: imm March 8, 1971 (continued) That part of Lot 10 lying South of the North 250 feet thereof and lying East of the West 100 feet thereof and that part of the North 250 feet of Lot 10 lying East of the West 110 feet thereof, except street, Robbinsdale Gardens. That if we are going to have industrial, it should be in this area with the railroad near by and a 9 -ton road giving access to the property, and since Nevada Avenue was com- pleted only a year ago giving access to this previously land -locked property, it is felt that a year's time is not sufficient to see if this property can be developed as an industrial site. By roll call and voting aye: Bergman, Elsen, Johnson, McLaughlin, Nystrom, Pahos, Rygg and Peters; abstaining: Roleff and Wellik. Motion carried 8 to 2. 2. Rev. Thomas McDill of the Crystal Evangelical Free Church, 6421 45th Avenue North, appeared regarding a tentative pro- posal for an additional parking lot North of 45th Avenue which would involve the buying of 11 lots with ingress and egress on 45th Avenue and Florida Avenue. Rev. McDill wanted to know if the general concept of this proposal would be acceptableto the City before going ahead with exercising their options on this property. Roger Tepley, realator, was also in attendance. There was discussion regarding the parking problem which they presently have, the different alternatives Rev. McDill presented for a parking lot; and the possibility of a storm sewer problem if this area is all blacktopped. It was felt that the people in the area should be informed of the proposal and given a chance to voice their opinions. The following action was taken: Moved by Commissioner Roleff and seconded by Commissioner Johnson to hold a Public Hearing at 7:30 P.M., April 12, 1971 in the Crystal Municipal Building, 4141 Douglas Drive, to consider the use of this land for a parking lot for the Crystal Evangelical Free Church. Motion carried. 3. The City Council referred to the Planning Commission for con- sideration the "Proposed 1971 Public Works Construction" and asked them to review it with particular attention to the traffic pattern that may or may not be created between Welcome and Vera Cruz - Fairview Avenue, with the closing of Vera Cruz Avenue at Corvallis, under the State Highway Development Plan. After discussion, the following action was taken. Moved by Commissioner Bergman and seconded by Commissioner Peters that they recommend to the City Council that they approve the project, subject to the acquisition of some further right of way on Fairview Avenue and the possibility of sanitary sewer. Motion carried. 17' March 8, 1971 (continued) 4. Commissioner McLaughlin stated that she would like to get a resolution from the Planning Commission regarding the Environmental Commission making a study on water sheds in area, one of the main points being the Twin Lake area, and recommending that the City Council also support it. After some discussion, the following action was taken. Moved by Commissioner Peters and seconded by Commissioner Roleff to invite Dave Anderson to the next Planning Commission meeting so he can present their case and answer questions so the Planning Commission would be aware of what they are getting involved in. Moved by Commissioner Roleff to adjourn. Chairm Elsen Secretary Neubarth I H, 0 MARCH 22, 1971 The regular meeting of the Planning Commission convened at 7:30 P.M. with the following members present: Bergman, Elsen, Johnson, Mc- Laughlin, Neubarth, Nystrom, Roleff, Rygg and Wellik; the following were absent: Anderson, Juday, Pahos, Peters, Plasencia and Schill- ing; also present were Planning Consultants Schmock and Sherburne. Moved by Commissioner Rygg and seconded by Commissioner Bergman to approve the minutes of the March 8, 1971 meeting. Motion carried. 1. Dave Anderson, Chairman of the Twin Lake Improvement Council, appeared asking support in their efforts to have a study of the Twin Lakes/Shingle Creek watershed area. This area has experienced a definite drop in the water table over the last five years and he is concerned that further loss in the water table would greatly change the character of the land. After discussion, Commissioner McLaughlin made the following motion which was seconded by Commissioner Bergman: We, the members of the Crystal Planning Commission, urge the Crystal City Council to support the Joint Powers Resolution dealing with the efforts to have a study of the Twin Lakes/Shingle Creek watershed area. We feel that a study will help the ecology of the lakes and its watershed and would eventually lead to development of it, which would be a valuable asset to the suburban communities. Motion carried. 2. Tentative approval of proposed Bessie Arneson Addition, which is a replat of part of Lot 5, Klatke's Addition, 6322 46th Ave. North, Kermit Hill developer. Moved by Commissioner Neubarth and seconded by Commissioner Nystrom to grant tentative approval of the proposed Bessie Arneson Addition, which is a replat of part of Lot 5, Klatke's Addition, subject to standard procedure, and further subject to having the garage moved to at least three feet from the property line. Motion carried. Discussion was held regarding Hi -rise apartments and Senior Citizen housing; whether new 'zoning classifications should be established for them and incorporated into our new zoning regulations possibly as R-5 and R-6 Districts; whether housing for the elderly has to be high density use and the requirements less; the advisability of the high number of efficiency units that are in this proposed Heritage building; and the problems that could be encountered especially in trying to enforce the age requirements in Senior Citizen housing. It was felt that at this time the Senior Citizen housing would have to comply with regular apartment housing requirements. March 22, 1971 (continued) Discussion was held regarding traffic access to First Federal property on West Broadway which they are proposing to build on, and the relationship of their proposed access with possible re- vised Target access. Mr. Schmock inquired whether anybody would be interested in attend- ing a Community Planning Seminar at North Hennepin Junior College on April 1 and 8, 1971 on "Zoning and Tools for Plan Implementation. Several members indicated they were interested in attending the Seminar. Moved by Commission Roleff and seconded by Commissioner McLaughlin to adjourn. Chair n Elsen 1 SecreUity Neubarth 182 APRIL 12, 1971 The regular meeting of the Crystal Planning Commission convened at 7:30 P.M. with the following members present: Bergman, Elsen, Johnson, McLaughlin, Neuharth, Nystrom, Pahos, Peters, Roleff, Rygg, Schilling and Wellik; the following were absent: Anderson, Juday and Plasencia; also present were Planning Consultant Schmock and City Attorney Shama. Moved by Commissioner Bergman and seconded by Commissioner Rygg to approve the minutes of the March 22, 1971 meeting. Motion carried. I.. It being 7:30 P.M., Chairman Elsen declared this was the time and the place for a Public Hearing to consider use of land for a church parking lot on the land designated as part of the area between 45th Ave. and 46th Ave. - Florida Ave. and Douglas Drive. Rev. Thomas McDill from the Crystal Evangelical Free Church,,proponents,..appeared and explained their proposal for developing an auxillary parking area, approximately 300'x300', and involving the removal of one home with the ingress on 45th Ave. cutting diagonally across the rear corner of one lot and the egress on Florida Ave. Approximately 50 people attended the hearing including the following who identified themselves and were opposed to the proposal: Dorothy Daire 6325 46th Avenue John Keller 6424 45th Avenue Richard Jacobson 4520 Florida Avenue Roger Nelson 4516 Florida Avenue Charles Waters 4521 Florida Avenue James Zaic 6517 45th Avenue Barbara Zaic 6517 45th Avenue Mrs. E. B. Comer 4509 Florida Avenue Mrs. John Keller 6424 45th Avenue Maynard Johnson 6400 44th Avenue Lester Banholzer 4525 Douglas Drive Mrs. Terrance Higgins 6610 45th Avenue There was discussion regarding alternatives for additional parking area and the drainage problems which might occur if this area is blacktopped. The following action was taken: Moved by Commissioner Roleff and seconded by Commissioner Johnson that they recommend that they withdraw their proposal until a later time that they can come up with a more worthwhile plan for the following reasons: concern about the effect of the drainage if that area is blacktopped and would like some more specific information just where the drainage is going to go; the effect on the three houses on the East side of Florida between 45th Ave. and 46th Ave. and can appreciate the gentleman's concern who lives on the _corner having a driveway going up his back yard; concern about cutting the diagonal driveway off 45th Avenue for access and questions whether people will actually use it; the creation of additional tax exempt property; and is not convinced that a problem actually does exist if the sentiments of the residents who attended the hearing is indicative as they do not seem to be particularly 3 April 12, 1971 (continued) bothered by the problem. By roll call and voting aye: Elsen, Johnson, McLaughlin, Nystrom, Pahos, Peters, Roleff, Rygg, Schilling and Wellik; voting no: Bergman and Neubarth. Motion carried 10 Uo 2. 2. Ronald A. Heskin of Heskin & Associates appeared regarding Application #71-5 for a special use permit for an automatic car wash with gasoline sales at 3148 Douglas Drive North, which has been returned to the Planning Commission from the City Council to review their recommendation of February 22, 1971 in light of the recent court decision regarding the right of municipalities to limit the number of gasoline service stations. There was dis- cussion regarding :the recent court decision where Judge Kane up- held the Brooklyn Park City Council in limiting the number of gasoline service stations, the number of service stations and car washes in the area, traffic problems which might be created with the egress and ingress on 32nd Ave., the volume of traffic on Douglas Drive, the effect on the residential'property,in the area, and the problem of stacking cars and the possibility of the backing up of cars on the street. Mr. & Mrs. Harold Marcotte, 3156 Edgewood Avenue, attended the hearing and were opposed to the special use permit. The following action was taken: Moved by Commissioner Roleff and seconded by Commissioner Johnson to deny Application #71-5 for a special use permit for an auto- matic car wash with gasoline sales at 3148 Douglas Drive for the following reasons: it is obvious that Douglas Drive is carrying more traffic than it was intended to, Hennepin County has ex- pressed concern over this as well as our own City; this type of development certainly would not alleviate the traffic problems as it would probably create an additional traffic problem on 32nd Ave.; not certain that it would not affect the future development of the residential land around it, it is bordered on the South and the East by residentially zoned property at the present time; at this point the future development of Jordan Park is still a question mark; and think this stacking is probably the biggest question - if we create a problem like we have at the Octopus Car Wash, it does not make sense that we then have to go in and police it. Commissioner Pahos abstained from voting. Motion carried; 11 ayes and 1 abstaining. 3. Tentative approval of proposed Heubach Addition which is a replat of that part of Lot 12 lying West of the East 70 feet thereof, including the North 1/2 of the vacated alley lying adjacent thereto, all in "Russ Second Addition to Crystal Village, Minnesota", 7021 Corvallis Avenue North,.owner John B. Vosika. Moved by Commissioner Neubarth and seconded by Commissioner Nystrom to grant tentative approval of proposed HEUBACH ADDITION which is a replat of that part of Lot 12 lying West of the East 70 feet thereof, including the North 1/2 of the vacated alley lying adjacent thereto, all in "Russ Second Addition to Crystal Village, Minnesota", subject to standard procedure. Motion carried. • April 12, 1971 (continued) 4. Harold C. Jorgenson appeared regarding Application #71-7 requesting rezoning of the West 130 feet of the East 163 feet of the South 1/2 of the Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 20, Township 118, Range 21, except the South 30 feet thereof, from R-1 Dis- trict (one family dwelling) and R-2 District (one or two family dwellings) to R-4 District (general multiple dwellings) 3515 Louisiana Avenue North. Roy Stahl, architect on the project, presented site plans and explained the purpose of the rezoning request so they could build a 68 unit multiple dwelling instead of a 52 unit. Moved by Commissioner Pahos and seconded by Commissioner McLaughlin to hold a Public Hearing at 7:30 P.M., May 10, 1971, at the Crystal Municipal Building, 4141 Douglas Drive, to further consider the zoning application as described above. Motion carried. Moved by Commissioner McLaughlin and seconded by Commissioner Peters to adjourn. Secretary Neubarth Chairm Elsen APRIL 26, 1971 The regular meeting of the Crystal Planning Commission convened at 7:30 P.M. with the following members present: Bergman, Elsen, John- son, Neubarth, Plasencia and Rygg; the following were absent; Anderson, Juday, McLaughlin, Nystrom, Pahos, Peters, Roleff, Schilling and Wellik; also present were planning consultants Schmock and Sher- burne. Moved by Commissioner Rygg and seconded by Commissioner Bergman LO approve the minutes of the April 12, 1971 meeting. Motion carried. 1. The City Council referred the Crystal Free Church parking request back to the Planning Commission to allow Reverend Thomas McDill the opportunity to make a re -presentation of plans together with some suggested alternatives. The Council also wanted the Planning Commission to be aware of the restriction placed on the latest addition to the Crystal Free Church in which the space added was not allowed to be used until such time that additional parking was provided. Reverend Thomas McDill appeared and stated they have made no progress in trying to obtain land adjacent to the present church property for parking, and also that if their present proposal is approved they wish to blacktop only the area South of 45th Place at the present time. He reviewed the reasons the Planning Com- mission had denied the parking proposal, suggested the possibility of not removing the house on the Mohr property but only removing the garage on the back of the lot which would allow a 34' area for ingress, which would not make an island out of the house on the corner; felt the tax loss would be less if this undeveloped area would be used for a parking lot instead of developed property; stated that they definitely have a parking problem and that the Council has directed them to solve their parking problem; and felt that drainage problems could be resolved possibly by pitching the parking lot so it would drain out on Florida. There was discussion regarding potential land development of this area into residential lots, setback requirements for parking lots, driveway widths for access to parking lot, and possible drainage problems, after which the following motion was made: Moved by Commissioner Bergman and seconded by Commissioner Neu- barth to approve the proposal presented by the Crystal Free Church for a parking lot North of 45th Avenue based on their ability to purchase the pieces of property which would constitute this parking lot, but not restricting it to their purchasing all of the lots North of 45th Place, and subject to removing the house on the Mohr property and running the driveway on the Easterly part of the property; that 45th Place be paved; and also that this be subject to coordination with the City Engineer regarding drainage problems which may occur as a result of the blacktopping and that this piece of property be landscaped. By roll call and voting aye: Bergman, Neubarth and Plasencia; voting no: Johnson, Rygg and Elsen. The motion failed for lack of majority. No other motion was made. • April 26, 1971 (continued) 2. Tentative concept approval of a proposal by Robert Alm of Alm Construction Co. for a retail and office building between the W. T. Grant and Chalet Restaurant buildings in the North Star Shopping Center site. Nobody appeared to present the proposal. Moved by Commissioner Bergman and seconded by Commissioner Rygg to table this proposal for an office and retail building in the North Star Shopping Center until such time as the applicant is able to attend the meeting and explain his proposal. Motion carried. 3, A representative from Mel Olson Honey Co. appeared regarding a building permit for the removal of a 34'x75' old section of the existing building and to rebuild the same size structure. The building is situated on a leased lot of the Soo Line Rail- road, 5201 Douglas Drive. Moved by Commissioner Neubarth and seconded by Commissicner Johnson to approve a building permit for the removal, alteration and re -building of a 34'x75' area to Mel Olson Honey Co., subject to standard procedure. Motion carried. 4. DISCUSSION ITEM: First Federal -Target Traffic Revisions. Mr. Sherburne stated he has met with people from Target, First Federal and Hennepin County regarding a proposed plan to develop 55th Avenue, have it turn South at the Spur Station to enter Broadway at right angles and acquiring a 66' strip of right of way from First Federal. Target would be allowed only two median breaks, Florida Avenue would remain closed and Douglas Drive would be closed before it meets Bass Lake Road. Moved by Commissioner Bergman and seconded by Commissioner Rygg to adjourn. Secretary Neubarth C airm El sen TT MAY 10, 1971 The regular meeting of the Crystal Planning Commission convened at 7:30 P.M. with the following members present: Elsen, Johnson, Juday, McLaughlin, Neubarth, Nystrom, Pahos, Peters, Roleff, Rygg and Wellik; the following were absent: Anderson, Bergman, Plasencia and Schilling; also present were planning consultants Schmock and Sherburne. Moved by Commissioner Peters and seconded by Commissioner Rygg to approve the minutes of the April 26, 1971 meeting. Motion carried. I. It being 7:30 P.M., Chairman Elsen declared this was the time and the place for a public hearing to further consider proposed rezoning application #71-7 from R-1 District (one family dwelling) and R-2 District (one or two family dwellings) to R-4 District (general multiple dwellings) and legally described as follows: The West 130 feet of the East 163 feet of the South 1/2 of the Northeast 1/4 of the Northeast 1/4 of the North- west 1/4 of Section 20, Township 118, Range 21, except the South 30 feet thereof. Said legal description is designated as 3515 Louisiana Avenue North. Harold C. Jorgenson and John R. Paulson, applicants, appeared and explained their plans for a 68 unit apartment building with 44 under- ground garages and 14 aboveground garages. The proposed rezoning would allow an additional 16 units in the complex with 130' setback along Louisiana Avenue of green area. Approximately 16 people attended the hearing including the following: Vern Meinen 7024 35th Place Dick Kauffmann Village Builders, 3900 36th Ave. N. Mrs. Duane Jacobs 7008 35th Place Jack Garberg 7025 35th Place Dick Larson 6909 35th Place After discussion regarding the proposed site plans, elevations of the proposal compared to the existing elevation of site, proposed landscaping, etc., the following action was taken: Moved by Commissioner Juday and seconded by Commissioner McLaughlin to continue the public hearing regarding application #71-7 for rezoning as legally described above until 7:30 P.M., May 24, 1971, to enable the applicants to submit elevation site plans (east elevation looking west) and also grading plans. Motion carried. 2. Skylark Flying Club regarding a building permit for a 32'x30' addi- tion to the present hangar on leased Lot 60"A, Crystal Airport. Moved by Commissioner Roleff and seconded by Commissioner Nystrom to approve building permit #19711 for an addition to the present hangar on leased Lot 60-A, Crystal Airport, subject to standard procedure. Motion carried. May 10, 1971 - continued 3. Jerome Choromanski, Crystal State Bank, and Frank Pattee, Archi- tect, appeared regarding a building permit to W. P. Beach Co., Inc., for additions and alterations to the Crystal State Bank on Lot 1, Crystal State Bank Addition, 7000 56th Avenue North. After discussion regarding the submitted plans, the following motion was made. Moved by Commissioner Neubarth and seconded by Commissioner John- son to approve building permit #19730 to W. B. Beach Co., Inc., for additions and alterations at the Crystal State Bank on Lot 1, Crystal State Bank Addition, 7000 56th Avenue North, subject to standard procedure. Motion carried. 4. John Keane, builder, appeared regarding a building permit for alterations and remodeling of the parish house at St. Raphaels, 7301 56th Avenue North. He explained their plans for remodeling this two story building for meeting rooms and possibly a library, including fire excapes from the second floor and basement and fire doors. After some discussion the following motion was made: Moved by Commissioner Rygg and seconded by Commissioner Neubarth to approve building permit #19715 for remodeling and alterations of the parish house at 7301 56th Avenue North to John Keane, subject to standard procedure. Motion carried. 5. Jim Pettit appeared regarding a building and occupancy permit for a laundromat and dry cleaning establishment at 5924 West Broadway (former Tom Thumb Superette), Lot 1, Block 1, Wayne Blesi Addition. After some discussion the following motion was made: Moved by Commissioner Nystrom and seconded by Commissioner Roleff to approve a building permit for remodeling and alterations to Jim Pettit for a King Koin Kleenette on Lot 1, Block 1, Wayne Blesi Addition, 5924 West Broadway, subject to standard procedure. Motion carried. 6. Carl Orstad appeared regarding variance application #71-8 to allow a 5' front yard setback variance on the cul-de-sac at 3829 Florida Avenue North, Lot 4, Block 3, Gaulke's 5th Addition. After some discussion, the following motion was made: Moved by Commissioner Roleff and seconded by Commissioner Juday that pursuant to Section 42.21 of Chapter 42, "Zoning Regulations of the City of Crystal", to modify Section 42.16 (bl) to allow a variance of 5' in front yard setback at 3829 Florida Avenue North, Lot 4, Block 3, Gaulke's 5th Addition. Motion carried. 189 may 10, 1971 - continued 7. Robert Alm of Alm Construction Co. appeared regarding tentative concept approval of a proposal for a retail and office building between the W. T. Grant and Chalet Restaurant buildings on the North Star Shopping Center site, 36th Ave. North and Highway 100. This item was tabled at the April 26th meeting because no one appeared to present the proposal. Mr. Alm stated that he wished to get tentative approval before proceeding further with plans for a three-story building on this site. There was discussion regarding the plans, possible uses of the building, parking, fencing the South end of property and paving the balance of the property for parking area. The following motion was made: Moved by Commissioner Peters and seconded by Commissioner Pahos to grant tentative concept approval of the proposal as it seems to be a reasonable use of the land. Motion carried. R. Final approval of proposed HEUBACH ADDITION which is a replat of that part of Lot 12 lying West of the East 70 feet thereof, includ- ing the North 1/2 of the vacated alley lying adjacent thereto, all in "Russ Second Addition to Crystal Village, Minnesota", 7021 Cor- vallis Avenue North, owner John B. Vosika. Moved by Commissioner Nystrom and seconded by Commissioner McLaughlin to grant final approval of proposed HEUBACH ADDITION as legally described above. Motion carried. Moved by Commissioner Roleff and seconded by Commissioner McLaughlin to adjourn. Chaii4rran Elsen Secretary Neubarth 190, NlAY 24, 1971 The regular meeting of the Crystal Planning Commission convened at 7:30 P.M. with the following members present: Bergman, Elsen, Mc- Laughlin, Neubarth, Nystrom, Plasencia, Schilling and Wellik; Roleff arrived at 7:55 p.m.; the following were absent: Anderson, Johnson, Juday, Pahos, Peters and Rygg; also present were planning consultants Schmock and Sherburne. Moved by Commissioner Nystrom and seconded by Commissioner McLaughlin to approve the minutes of the May 10, 1971 meeting. Motion carried. 1. It being 7:30 P.M., Chairman Elsen declared this was the time and the place for the continued public hearing of May 10, 1971 to fur- ther consider application #71-7 for proposed rezoning from R-1 District (one family dwelling) and R-2 District (one or two family dwellings) to R-4 District (general multiple dwellings) and legally described as follows: The West 130 feet of the East 163 feet of the South 1/2 of the Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 20, Township 118, Range 21, except the South 30 feet thereof. Said legal description is designated as 3515 Louisiana Avenue North. Harold C. Jorgenson and John R. Paulson, applicants,: and Mr. Brice, architect from H. W. Fridlund Co., appeared and explained their revised plans for building a 68 unit apartment building with a 48 stall garage on this site with a 130' setback along Louisiana of green area. The following appeared opposed to the rezoning: John Garberg, 7025 35th Place; Dave Howieson, 6900 35th Place; and Dick Kauffmann, Village Builders. There was discussion regarding elevations; driveway, building and parking grades; landscaping; fire lanes; size of stalls in garage; etc., after which the follow- ing motion was made: Moved by Commissioner Bergman and seconded by Commissioner Neubarth to approve application #71-7 for proposed rezoning from R-1 Dis- trict (one family dwelling) and R-2 District (one or two family dwellings) to R-4 District (general multiple dwellings), as legally described above, provided that the setback from Louisiana be main- tained at a minimum of 130 feet. Motion carried. 2. Final approval of BESSIE ARNESON ADDITION which is a replat of that part of Lot 5, "Klatke's Addition, Hennepin County, Minnesota" lying South of the North 156.36 feet thereof, 6322-28 46th Avenue North, applicant Kermit Hill. Moved by Commissioner Neubarth and seconded by Commissioner Berg- man to grant final approval of BESSIE ARNESON ADDITION, subject to standard procedure. Motion carried. 191 May 24, 1971 (continued) 3. Application #71-9 for rezoning the property at 4824 56th Avenue North and legally described as follows: the Easterly 105' of the Westerly 210' of that part of Lot 21 lying Easterly of East- erly line of Lot 19 and Southerly of South line of Lot 20, except road, Auditor's Subdivision #328. F. 0. Ruhlow, applicant, and Junior Larson, owner of the property, are requesting the rezoning so that the building can be used as an insurance office. In the application there is no request for specific zoning classification but it would appear that under the new proposed rezoning this would be an allowable use in the C-3 classification. There have been no plans or surveys submitted showing location of existing building or proposed parking layout for the changed use of this property. No one appeared to present the proposal. The follow- ing action was taken: Moved by Commissioner Roleff and seconded by Commissioner McLaughlin to table proposed rezoning application #71-9, as described above, until such time as applicant is able to be present and submit plans showing exactly what they want to do. Motion carried. 4. Mr. Guzy of Heritage Equities, Inc., appeared and explained Lhe requested variances needed so they can construct a 6 -story, 62 -unit, Senior Citizen apartment building on Lot 7, Block 6, Rosedale Acres, 32.25 Vera Cruz Avenue North, which is adjacent to the South of the Dr. Albert Schweitzer Nursing Home on Vera Cruz. The following variances are requested: land area require- ments, parking, height of building, reduction in size of one bedroom apartments and allowance of efficiency units. The area of this lot after State Highway acquisition will be -32,152 square feet, which will allow an 11 unit apartment building under the existing ordinance. Mr. Guzy explained the type of facility they propose to build which is similar to other Senior Citizen housing projects they have constructed in other areas. There was discussion regarding the submitted plans; the variances needed to construct such a building; whether the nursing home adjacent to the property will be property tax exempt under its new ownership; and the possibility if the necessary variances are granted and the building erected, and a charitable organization took it over, whetherlit would be property tax exempt. The following motion was made: Moved by Commissioner Plasencia and seconded by Commissioner Neubarth to table application #71-10 for variances in regard to construction of a Senior Citizen apartment building on Lot 7, Block 6, Rosedale Acres, until such time as they get a ruling from the Attorney General's office as to whether this proposed building would be property tax exempt if a charitable organization would take it over. Motion carried. 19 May 24, 1971 (continued) 5. George Castonguay appeared regarding a request for moving a 9'x19' outdoor ice dispensing refrigerator to the rear of the Metro 100 Liquor Store at 6514 56th Avenue North, for the storage and cooling of beer. Mr. Schmock explained that it has to be approved by the National Sanitation Foundation and meet with the approval of the City Health Department. After discussion, the following action was taken: Moved by Commissioner Nystrom to table for the Health Department able unit and plans going to sit on the 1 Bergman and seconded additional study the rules on whether or are presented showing ot. by Commissioner above request until not this is an accept - where the unit is Motion carried. Moved by Commissioner Bergman and seconded by Commissioner Roleff to adjourn. Secretary Neubarth Chair n Elsen JUNE 14, 1971 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Bergman, Elsen, Johnson, McLaughlin, Neubarth, Pahos, Peters, Plasencia and Rygg; the following were absent: Anderson, Juday, Nystrom, Roleff, Schilling and Wellik; also present were planning consultants Schmock and Sherburne. Moved by Commissioner Peters and seconded by Commissioner Rygg to approve the minutes of the May 24, 1971 meeting. Motion carried. 1. Final approval of the DON NELSON ADDITION which is a replat of Lot 4 and the South 215 feet of Lot 5 in Block 2, Rosedale Acres, lying East of the West 63 feet thereof, 36th and Yates Avenue North. Moved by Commissioner Peters and seconded by Commissioner Rygg to grant final approval of the DON NELSON ADDITION, subject to standard procedure. Motion carried. 2. Final approval of the SCHWEITZER ADDITION which is a replat of Lots 5 and 6, Block 2, Rosedale Acres, 33rd and Vera Cruz Avenue North, which was tentatively approved as Heritage Addition. Moved by Commissioner Peters and seconded by Commissioner Johnson to grant final approval of the SCHWEITZER ADDITION, subject to standard procedure. By roll call and voting aye: Bergman, Elsen, Johnson, Neubarth, Pahos, Peters, Plasencia and Rygg; voting no: McLaughlin. Motion carried 8 to 1. 1. George Nadler representing Arby's Restaurant and Mr. Thomas of Antler Corporation appeared regarding a building permit for construction of an Arby's Roast Beef Sandwich Restaurant on Lot 1, Block 1, General Mills Crystal Addition, 5629 West Broadway. They explained their plans for building a 23'4"x6413" restaurant which would seat 38 people inside and additional people outside, with entrances on West Broadway and on 57th Avenue. After discussion, the following motion was made: Moved by Commissioner Neubarth and seconded by Commissioner Bergman to approve issuance of building permit #19862 for an Arby's Roast Beef Sandwich Restaurant on Lot 1, Block 1, General Mills Crystal Addition, subject to standard procedure. Motion carried. 194 JUNE 14, 1971 (continued) 4. Harold C. Jorgenson and John R. Paulson appeared regarding tentative approval of the proposed BETH KUSMAUL 1ST ADDI- TION which is a replat of the South 1/2 of the Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4, Section 20, Township 118, Range 21. After discussion, the following motion was made: Moved by Commissioner Neubarth and seconded by Commissioner Peters to grant tentative approval of the proposed BETH KUSMAUL 1ST ADDITION, subject to standard procedure. Motion carried. Moved by Commissioner Rygg and seconded by Commissioner McLaughlin to adjourn. i ' Secretary Neuharth Chair an Elsen I(),r) t.. �_ JULY 12, 1971 The regular meeting of the Crystal Planning Commission convened at 7:30 P.M. with the following members present: Rygg, Roleff, Elsen, Neubarth, Bergman, Nystrom and Johnson; the following were absent: McLaughlin, Pahos, Peters, Plasencia, Anderson, Juday, Schilling and Wellik; also present were planning consultants Schrock and Sherburne. Moved by Commissioner Nystrom and seconded by Commissioner Rygq to approve the minutes of the June 14, 1971 meeting. Motion carried. 1. Harold C. Jorgenson appeared regarding final approval of BETH KUSMAUL 1ST ADDITION (35th and Louisiana -Nevada). Moved by Commissioner Roleff and seconded by Commissioner Neubarth to grant final approval of BETH KUSMAUL 1ST ADDITION, subject to standard procedure, and further subject to filing a restrictive covenant on the plat that no structure or building of any kind, driveway or parking area shall be constructed on the easterly 130' of Lot 1, Block 1, Beth Kusmaul 1st Addition. Motion carried. 2. Leslie Nye, President of Scandia Campers, 5182 West Broadway, appeared regarding Building Permit #19919 for remodeling and alterations to the warehouse and the assembly block building at the rear of the lot. Moved by Commissioner Bergman and seconded by Commissioner Rygg to approve building permit #19919 for alterations and remodeling of the warehouse and assembly block building at the rear of 5182 West Broadway, subject to standard procedure. Motion carried. 3. F. 0. Ruhlow and Junior Larson appeared regarding application #71-9, which was tabled 5/24/71, until the applicants could appear and present plans for rezoning. Moved by Commissioner Roleff and seconded by Commissioner Rygg to hold a public hearing at 7:30 P.M., August 9, 1971, at the Crystal Municipal Building, 4141 Douglas Drive, to further con- sider application #71-9 for rezoning from R-1 District to C-3 District, legally described as that part of Lot 21, Auditor's Subdivision No. 328, lying south of the north 200' of the easterly 1_05' of the westerly 210' lying easterly of the easterly line of .Lot 19 and southerly of the south line of Lot 20, Auditor's Subdivision No. 328, Hennepin County, Minnesota, except that part thereof taken for County Road No. 10. Motion carried. Moved by Commissioner Bergman and seconded by Commissioner Nystrom to adjourn. Secretary Neubarthhai�rjon Elsem 196 AUGUST 9, 1971 The regular meeting of the Crystal Planning Commission convened at 7:30 P.M. with the following members present: Bergman, Elsen, McLaughlin, Neubarth, Peters, Roleff and Rygg; the following were absent: Anderson, Johnson, Juday, Nystrom, Pahos, Plasencia, Schilling and Wellik; also present was planning consultant Schmock. Moved by Commissioner Roleff and seconded by Commissioner Beraman to approve the minutes of the July 12, 1971 meeting. Motion carried. 1. It being 7:30 P.M., Chairman Flsen declared this was the time and the place for the public hearing to further consider appli- cation #71-9 for proposed rezoning from R-1 District (one - family dwelling) to C-3 District (professional office building) and legally described as follows: That part of Lot 21, Auditor's Subdivision No. 328, lying South of the North 200' of the Easterly 105' of the Westerly 210' lying Easterly of the Easterly line of Lot 19 and Southerly of the South line of Lot 20, Auditor's Sub- division No. 328, Hennepin County, Minnesota, except that part thereof taken for County Road No. 10. Said legal description is designated as 4824 56th Avenue North. Junior Larson, fee owner, appeared and explained why he wanted the rezoning and presented a petition signed by people living in the area who were not opposed to the rezoning. Mrs. Norman L. Johnson, 4924 56th Avenue North, appeared in favor of the rezoning; nobody appeared opposed to the rezoning_. After dis- cussion the following action was taken: Moved by Commissioner Rygg and seconded by Commissioner Bergman to approve application #71-9 for rezoning from R-1 District (one family dwelling) to C-3 District (professional office building) as legally described above. Motion carried. 2. Mr. Lutz of F. P. Lutz Co. appeared regarding a building permit for remodeling and alterations and changed use of existing building from a grocery store to an off -sale liquor bottle shop, Lot 1, Block 1, Wayne C. Blesi Addition, 5924 West Broadway. John Briskey also was present. After discussion the following action was taken: Moved by Commissioner Roleff and seconded by Commissioner McLaughlin to approve building permit #19984 for remodeling and alterations and changed use of existing building at 5924 West Broadway to F. P. Lutz Co., subject to standard procedure. Motion carried. AUGUST 9, 1971 (continued) 3, John Reardon appeared regarding the installation of unit car washes without special use permits. After discussion the follow- ina action was taken: Moved by Commissioner Roleff and seconded by Commissioner McLaughlin to recommend to the City Council not to allow the installation of any car washes without special use permits. Motion carried. 4. Harold Jorgenson appeared regarding variance application #71-11 to allow garbage disposal units in each apartment and dumpster service in lieu of approved incinerator within the building as required by the zoning ordinance in the proposed apartment building at 35th & Louisiana. The following action was taken: Moved by Commissioner Neubarth and seconded by Commissioner Bergman to approve variance application #71-11 to allow the use of garbage disposal units in each apartment and dumpster service in lieu of required approved incinerator within the building on Lot 1, Block 1, Beth Kusm.aul lst Addition, 35th & Louisiana. Motion carried. 5. David Surface appeared regarding the property at 3400 Douglas Drive which was a grocery store prior to a fire and has been vacant since the fire. Mr. Surface explained that he was inter- ested in remodeling the building into a ceramic studio which would include the manufacturing of objects for wholesale use and a construction office, and wanted to know if he could use the property for this purpose before he purchased it. After dis- cussion the following action was taken: Moved by Commissioner McLaughlin and seconded by Commissioner Roleff that if Mr. Surface were to make application to rezone the property at 3400 Douglas Drive to M-2 District that it be denied because the property is in the midst of residential and commercial property, the County will probably be taking additional land from this property, and there are no parking facilities on the property. Motion carried. 6. Robert F. Phillips appeared regarding a building permit for remodeling and alterations and changed use of existing building at 5561 Lakeland Avenue North from an Auto Parts Store to an Instant Print and Coin Operated Dry Cleaners. After discussion the following action was taken: Moved by Commissioner Rygg and seconded by Commissioner Peters to approve building permit #20012 for remodeling and alterations to the existing building at 5561 Lakeland Avenue North to Robert F. Phillips for an Instant Print and Coin Operated Dry Cleaners, subject to standard procedure. Motion carried. Moved by Commissioner Bergman and seconded by Commissioner Rygg to adjourtl Secretary Neubarth Char n Elsen .L 9 8.. SEPTEMBER 13, 1971 The regular meeting of the Crystal Planning Commission convened at 7:30 P.M. with the following members present: Bergman, Flsen, McLaughlin, Neubarth, Nystrom, Pahos, Peters, Plasencia and Rygg; the following were absent: Anderson, Johnson, Juday, Roleff, Schilling and Wellik; also present were planning consultants Schrock and Sherburne. Moved by Commissioner Bergman and seconded by Commissioner Rygg to approve the minutes of the August 9, 1971 meeting. Motion carried. 1. Tentative approval of proposed EARL WILSON 3RD ADDITION which is a replat of Lots 13 and 14, Block 1, Sunnybrook Acres 2nd Addition, located North of 32nd Ave., abutting on Adair and Brunswick Avenue, applicant Earl Wilson. Moved by Commissioner Neubarth and seconded by Commissioner Bergman to grant tentative approval of proposed EARL WILSON 33D ADDITION, subject to standard procedure. Motion carried. 2. Wade Walker appeared regarding special use permit application #71-12 for a car wash for Phillips Petroleum Co. on Lot 1, Block 1, Winnetka Village Addition, 7818 36th Avenue North. Moved by Commissioner Bergman and seconded by Commissioner McLaughlin to hold a public hearing at 7:30 P.M., October 4, 1971, at the Crystal Municipal Building, 4141 Douglas Drive, to further consider special use permit application #71-1.2 for a car wash for Phillips Petroleum Co., on Lot 1, Block 1, Winnetka Village Addition, 7818 36th Avenue North. Motion carried. At this time Commissioner Rygg made a motion which was seconded by Commissioner Bergman to move the October 11th Planning Com- mission meeting forward one week to October 4th because October 11th is a national holiday. Motion carried. 3. Walter Johnson appeared regarding a building permit for Modern Tool Inc., to build a 40' x 325' airplane storage hanger on leased Lot 56 on the east side of the Crystal Airport. Moved by Commissioner Nystrom and seconded by Commissioner Neubarth to approve a building permit for a 40' x 325' airplane storage hanger on leased Lot 56, Crystal Airport. Motion carried. SEPTEMBER 13, 1971 - continued 4. Harold Jorgenson appeared regarding building permit for a 68 unit apartment building and garages on Lot 1, Block 1, Beth Kusm.aul 1st Addition, 35th and Louisiana -Nevada Avenue. After discussion the following motion was made: Moved by Commissioner McLaughlin and seconded by Commissioner Nystrom to table for further study building permit #20069 for a three story 68 -unit apartment building and building permit #20070 for three garages of 68 -units on Lot 1, Block 1, Beth Kusmaul lst Addition, until the applicant can work out grading problems. Motion carried. Mr. Schmock presented a variance application for lot depth at 7013 --46th Place which was received too late to put on the agenda. It was decided to discuss this at the next Planning Commission meeting. There was some discussion regarding Senior Citizen housing and residential over commercial property. Moved by Commissioner McLaughlin and seconded by Commissioner Role f f to adjourn. Chairman lsen 4 Secretary Neubarth 1 9'94 200 OCTOBER 4, 1971 The regular meeting of the Crystal Planning Commission convened at 7:30 P.M. with the following members present: Bergman, Elsen, Johnson, Juday, McLaughlin, Neubarth, Nystrom, Pahos, Plasencia, Rygg and Wellik; the following were absent: Anderson, Peters, Roleff and Schilling; also present was planning consultant Sherburne. Moved by Commissioner Rygg and seconded by Commissioner Bergman to approve the minutes of the September 13, 1971 meeting. Motion carried. 1. It being 7:30 P.M., Chairman Elsen declared this was the time and the place for a public hearing to further consider special use permit application #71-12 for an Auto Wash Drive-in on Lot 1, Block 1, Winnetka Village Addition, 7818 36th Avenue North, applicant Phillips Petroleum Co. Wade Walker from Phillips Petroleum explained their plans for a drive in, back out type car wash in the East bay of the station. Nobody appeared opposed to the special use permit. After some dis- cussion, the following motion was made: Moved by Commissioner Rygg and seconded by Commissioner McLaughlin to approve special use permit application #71--12 for an Auto Wash Drive-in, which will be limited to a drive- in, back up type car wash only, on Lot 1, Block 1, Winnetka Village Addition, 7818 36th Avenue North. Motion carried. 2. Junior Larson appeared regarding tentative approval of proposed JUNIOR LARSON ADDITION which is a replat of the Easterly 105' of the Westerly 210' of that part of Lot 21 lying Easterly of the Easterly line of Lot 19 and Southerly of the South line of Lot 20, Auditor's Subdivision No. 328, except that part thereof taken for County Road No. 10, located at 4824 56th Avenue North. Moved by Commissioner Nystrom and seconded by Commissioner Rygg to grant tentative approval of proposed JUNIOR LARSON ADDITION, subject to standard procedure, and further subject to approval_ from Hennepin County and the utility companies. Motion carried. 1. John Paulson and Harold Jorgenson appeared regarding building permit for a 68 -unit apartment building and garages on Lot 1, Block 1, Beth Kusmaul lst Addition, which was tabled 9/13/71 to allow the applicant to work out grading problems. After discussion regarding the street grade the following motion was made: Moved by Commissioner Bergman and seconded by Commissioner Neubarth to approve building permit #20069 for a three story 68 -unit apartment building and building permit #20070 for three garages of 68 -units on Lot 1, Block 1, Beth Kusmaul 1st Addition, 35th and Louisiana -Nevada Avenue, subject to standard procedure. Motion carried. October 4, 1971 - continued 4, Glenne M. Strand appeared regarding application #71-13 for a variance in depth requirement on a piece of tax forfeit property he has purchased at 7013 46th Place, legally described as that part of the East 77' lying North of the South 170.85' thereof, Lot 9, Auditor's Subdivision No. 314. This property is 99.05' in depth and he is asking for a variance in order to secure a building permit for a single family dwelling. There was discussion regarding whether Mr. Strand could purchase additional land South of this property, where the utility lines are located, the location of the buildings on the property South of this property, and the advisability of having the property surveyed. The following motion was made: Moved by Commissioner Bergman and seconded by Commissioner Nystrom to table for further study variance application #71-13 as des- cribed above, to enable the applicant to get a survey of the property and also see if there is any chance of buying some addi- tional land to the South so he can have a leaal size lot to build on. Motion carried. It was decided to cancel the Special Planning Commission meeting of October 25th insofar as it falls on a holiday. Moved by Commissioner Bergman and seconded by Commissioner Nystrom to adjourn. ,-- Chairman E en Secretary Neubarth 202r NOVEMBER 8, 1971 The regular meeting of the Crystal Planning Commission convened at 7:30 P.M. with the following members present: Elsen, Juday, McLaughlin, Neubarth, Nystrom, Plasencia, Roleff and Schilling; the following were absent: Anderson, Bergman, Johnson, Pahos, Peters, Rygg and Wellik; also present was planning consultant Sherburne. Moved by Commissioner Roleff and seconded by Commissioner Nystrom to approve the minutes of the October 4, 1971 meeting. Motion carried. 1. Rod Gooler appeared regarding a building permit for an office building located at 5652 West Broadway, lying immediately north of Medical Center Pharmacy property. Mr. Gooler explained his plans for a 250'x48' office building, three stories in height; the top two stories will be office space and the ground story will be open space for parking. After discussion regarding the plans, parking stalls, dedication of a 7' strip along West Broadway and landscaping, the following motion was made: Moved by Commissioner Juday and seconded by Commissioner McLaughlin to approve application for a building permit for an office building on the North 100' of Lot 10, Auditor's Subdivision No. 226, 5652 West Broadway, to Rod Gooler, subject to standard procedure. Motion carried. 2. William Bailey, Area Manager of Fotomat Corporation, appeared regarding a building permit to erect a "Fotomat" on a leased lot at 5530 West Broadway (the vacant lot immediately North of Crystal Furniture Co.). After discussion regarding their leasing arrangements with Crystal Furniture Co., traffic pro- blems, parking area, the following motion was made: Moved by Commissioner Plasencia and seconded by Commissioner Neubarth to approve application for a building permit for a Fotomat at 5530 West Broadway to Fotomat Corporation, subject to standard procedure. By roll call and voting aye: Elsen, Juday, McLaughlin, Neubarth, Nystrom, Plasencia and Roleff; voting no: Schilling. Motion carried 7 to 1. 3. Glenne M. Strand appeared regarding application #71-13 for a variance in lot depth at 7013 46th Place, which was tabled for further study at the October 4th meeting. This property is 99.05' in depth and he is asking for a variance to meet the minimum lot depth requirement of 100' to secure a building permit for a single family dwelling. After discussion, the following motion was made: 2.0 3 NOVEMBER 8, 1971 - continued Moved by Commissioner Plasencia and seconded by Commissioner Nystrom to grant a variance of 0.95' to meet the minimum depth requirement on the lot legally described as that part of the East 77' lying North of the South 170.85' thereof of Lot 9, Auditor's Subdivision No. 314. Motion carried. 4. Shell Oil Co. regarding application for a building permit for remodeling the Shell Gas Station at 6225 42nd Avenue North. Moved by Commissioner Roleff and seconded by Commissioner Juday to approve application for building permit #20195 to Shell Oil Co. for the station located at 6225 42nd Avenue North, on part of Lot 23, Glenwood Manor, subject to stan- dard procedure. Motion carried. Commissioner McLaughlin indicated that the Environmental Commission has had correspondence with Dr. Olaf Olson's lawyers regarding his property at 32nd and Nevada, consisting of approxi- mately five acres. The Environmental Commission wants the Planning Commission members to be aware that they are interested in purchasing it, possibly to be used as a wildlife refuge. Moved by Commissioner McLaughlin and seconded by Commissioner Juday to adjourn. ' Chairman lsen I Secretary eubarth 204 DECEMBER 13, 1971 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Bergman, Elsen, Neu- barth, Peters, Rygg and Wellik; McLaughlin arrived at 7:40 p.m.; the following members were absent: Anderson, Johnson, Juday, Nystrom, Pahos, Plasencia, Roleff and Schilling; also present were planning consultants Sherburne and Schmock. Moved by Commissioner Rygg and seconded by Commissioner Peters to approve the minutes of the November 8, 1971 meeting. Motion carried. ]. Final approval of JUNIOR LARSON ADDITION which is a replat of the Easterly 105 feet of that part of Lot 21 lying Easterly of the Easterly line of Lot 19 and Southerly of the South line of Lot 20, Auditor's Subdivision No. 228, except that part thereof taken for County Road No. 10. Moved by Commissioner Peters and seconded by Commissioner Rygg to grant final approval of JUNIOR LARSON ADDITION, subject to standard procedure. Motion carried. 2. Tentative approval of proposed DEE WELTY ADDITION which is , replat of Lots 2 and 3, Block 1, Marcella First Addition, located at the Northwest quadrant of 32nd and Georgia, appli- cant R. D. Welty. Moved by Commissioner Neubarth and seconded by Commissioner Bergman to grant tentative approval to proposed DEE WELTY ADDITION, subject to standard procedure, and further subject to utility and drainage easements over the North 10' and the West 5' of the plat. Motion carried. 3. John Hedberg and James Cooperman appeared regarding application #71-14 to rezone from R-1 (single family dwelling) to R-4 (general multiple dwelling), property located on Welcome Ave., at approximately 35th Ave. (directly behind Country Kitchen). They propose to build a two-story, 13 unit, low profile multiple dwelling unit. After discussion the following motion was made: Moved by Commissioner Bergman and seconded by Commissioner McLaughlin to set a public hearing at 7:45 p.m. on Monday, January 10, 1972, at the Crystal Municipal Building, 4141 Douglas Drive, to further consider application #71-14 to rezone from R-1 (single family dwelling) to R-4 (general multiple dwelling), Lots 2, 3, 4 and 5, Block 1, Graceview Addition. Motion carried. December 13, 1971 - continued A. Pastor Everett and Mr. Adair appeared regarding a proposal for an addition to the existing structure of the Assembly of God Church located at 41st and Douglas Drive. They are requesting that a preliminary type of approval be given to them prior to their pro- ceeding with detailed construction plans and fund raising. A variance in the 30' parking setback requirement along Colorado Ave. will be required to accommodate the parking lot expansion as proposed. After discussion regarding the proposed site plans and the variance that will be necessary, the following motion was made: Moved by Commissioner Peters and seconded by Commissioner Bergman to give preliminary approval of the proposed plans for an addition to the Assembly of God Church and request that they make application for a variance in the 30' parking setback which will be required. Motion carried. 5. Wally Saarela, owner of the Dairyland Liquor Store,and Jerry Mork from Mork & Associates, appeared regarding a building permit for remodeling the Dairyland Liquor Store located at 5616 Lakeland Ave. North. The City Code prohibits the expansion of non -conforming uses; the non -conforming use here being the upstairs apartment located in a C-1 District. Mr. Saarela explained their plans for Liquidating the grocery store part, moving the liquor store into that part and remodeling the area where the liquor store is ane renting it out. There was discussion regarding the remodeling plans and whether or not this would be an expansion of facilities of non -conforming use. Tt was agreed that this would not consti- tute an expansion of non -conforming use and the following motion was made: Moved by Commissioner Peters and seconded by Commissioner Rygg to approve Building Permit #20257 to Mork and Associates for remodeling the Dairyland Liquor Store at 5516 Lakeland Avenue North, subject to standard procedure. Motion carried. 6. Mr. C. P. Melling appeared regarding application #71-15 to rezone from C-1 (commercial) to R-1 (single family dwelling) property located in the vicinity of the SW quadrant of 34th and Douglas Drive. The applicant feels that the lot is too small to use commercially. After discussion the following motion was made: Moved by Commissioner Peters and seconded by Commissioner McLaughlin to set a public hearing at 7:30 p.m. on Monday, January 10, 1972, at the Crystal Municipal Building, 4141 Douglas Drive, to further consider application #71-15 for rezoning the South 60' of the East 125' of Lot 1, Block 4, Gardendale Acres, from C-1 (commercial) to R-1 (single family dwelling). Motion carried. 200 December 13, 1971 - continued Moved by Commissioner Peters and seconded by Commissioner McLaughlin not to schedule a meeting on December 27th because of the holiday season. Motion carried. Moved by Commissioner Peters and seconded by Commissioner McLaughlin to adjourn. Motion carried. Secreta y Neubarth Chair n Elsen