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1978 PC Meeting MinutesJ JANUARY 9, 1978 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Bergman, Ellefson, Elsen, Feyereisen, Neubarth, Nystrom and Plasencia; the following were absent: Juday, Peters and Ryan; also present were planning consultants Arntzen and Sherburne. Moved by Commissioner Bergman and seconded by Commissioner Nystrom to approve the minutes of the December 12, 1977 meeting. Motion carried. 1. It being 7:30 p.m., Chairman Elsen declared this was the time and the place as advertised for the public hearing to consider applications #77-59 & #77-60 as submitted by John I. Kubinski to rezone from B-4 District (community commercial) to B-3 District (auto -oriented commercial) and a conditional use permit to allow a convenience food'establishment (Section 515.35, Subd.4-a) on part of Block 4, Hanson's Addition, located at 5346 West Broadway. The proponents explained their plans for building a fast food restaurant on the proposed site. Chairman Elsen asked those present to voice their opinions or ask questions concerning the proposed rezoning and conditional use permit. The following appeared in favor: John T. Kubinski, Dennis Grand, Boyer Palmer and Jerry Pashke; Donald Noonan, owner of the three adjacent apartment buildings, was opposed. Moved by Commissioner Feyereisen and seconded by Commissioner Bergman to recommend to approve applications #77-59 & #77-60 as submitted by John T. Kubinski to rezone from B-4 District (community commercial) to B-3 District (auto -oriented commercial) and a conditional use permit to allow a convenience food establish- ment (Section 515.35, Subd. 4-a) at 5346 West Broadway and legally described as follows: That part of Block 4, Hanson's Addition described as follows: Commencing at the most Sly corner of said Block; thence NEly along the SEly line of said Block 257.4'; thence Nally parallel with NEly line of West Broadway to the North line of said Block 4; thence West to the NW corner of said Block; thence South 301' to the NEly line of said Highway; thence SEly 53.5' to the point of beginning. The findings of fact are: the nature of the area is such that the rezoning is reasonable and in keeping with the area. Motion carried. :'. It being 7:30 p.m., Chairman Elsen declared this was the time and the place as advertised for the public hearing to consider application #77-58 as submitted by Crystal State Bank to rezone from B-3 District (auto -oriented commercial) to B-4 District (community commercial) property -located at the southeast quadrant of 42nd & Douglas Drive. Jerry Choromanski explained their plans for building a mini -bank type facility on the site. January 9, 1978 - continued Chairman Elsen asked those present to voice their opinions or ask questions concerning the proposed rezoning. Marty Campion and Jim Cook were present. Moved by Commissioner Neubarth and seconded by Commissioner Ellefson to recommend to approve application #77-58 as submitted by Crystal State Bank to rezone from B-3 District (auto -oriented commercial) to B-4 District (community commercial) property located at the southeast quadrant of 42nd & Douglas Drive and legally described as follows: That part of Lot 23, Glenwood Manor, which lies North of the South 130' and West of the East 150' thereof, said East 150' being measured at right angles to the East line thereof, together with easement for ingress and egress over the North 40', measured at right angles to the North line of said Lot 23, of that part of Lot 23 lying betwe-en a line drawn parallel with and distant 1101 West measured at, right angles from the East line of said Lot 23 and a line drawn parallel with and distant 150' West measured at right angles from East line of said Lot 23 (Parcel 5016). The East 40' of, the following described parcel of land, said East 40' being measured at right angles to the East line thereof: that part of Lot 23, Glenwood Manor, which lies North of the South 130' and West of the East 110' thereof, said East 110' being measured at right angles tc7 the East line thereof (Parcel 5009). Motion carried. Jerry Choromanski and Marty Campion appeared regarding tentative approval of proposed plat CRYSTAL STATE BANK 2ND ADDITION located at southeast quadrant of 42nd & Douglas Drive. Moved by Commissioner Bergman .and seconded by Commissioner Nystrom to recommend to grant tentative approval of CRYSTAL STATE BANK 2ND ADDITION located at southeast quadrant of 42nd & Douglas Drive. Motion carried. 4. Jerry Choromanski and Jim Cook appeared regarding a building permit for a mini -banking facility to be located to the rear of the property at 7000 56th Ave. North (57th & Kentucky). Moved by Commissioner Nystrom and seconded by Commissioner Neubarth to recommend to approve authorization to issue building permit #399 to Crystal State Bank for a 55'8"x32' mini -banking facility and a 25'x34'9" canopy on Lot 1, Block 1, Crystal State Bank Addition, subject to standard procedure. Motion carried. 5. The proposed plat of WOOLSTON'S 9TH ADDITION was submitted for consideration of final approval located at 52nd & Hanson Court. January 9, 1978 - continued Moved by Commissioner Feyereisen and seconded by Commissioner Nystrom to recommend to grant final approval of WOOLSTON'S 9TH ADDITION, as submitted by Modern Tool Co., which is a replat of Lots 8, 9 & 10, Block 2, Hanson's addition. Motion carried. C. Larry Embretson of E. C. Corporation appeared regarding appli- cations #77-61 & #77-62 for variances in the lot width and square footage requirements for replatting property at 4529 Zane Ave. North. Moved by Commissioner Plasencia and seconded by Commissioner Neubarth that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section. 51.5.15, Subd. 2(a-1) to grant a variance of 5 ft. in the lot width; and Section 515.15, Subd_ 2(C-3) to grant a variance of 75 sq. ft. in the square footage require- ment for replatting property legally described as the East 135 ft. of Lot 3, Block 1, Wagner's Garden Tracts (proposed Parcel A, Elwood Moore Addition) as requested in applications #77-61 & #77-62 of E. C. Corporation. The findings of fact are: buildable lots are becoming scarce, smaller lots are needed to keep casts down; 55 ft. lot can be � better utilized by building a horse on it; the existing I..Qt has a home on it which utilizes more space than is needed. By roll call and voting aye: Ellefson, Elsen, Neubarth and Plasencia; voting no: Bergman, Feyereisen and Nystrom. Motion carried 4 to 3. 7. Larry Embretson of E. C. Corporation appeared regarding tentative approval of proposed plat ELWOOD MOORE ADDITION located at 4529 Zane Ave. North. Moved by commissioner Plasencia and seconded by Commissioner Neubarth to recommend to grant tentative approval of propose, plat ELWOOD MOORE ADDITION which is a replat of the East 135 ft. of Lot 3, Block 1, Wagner's Garden Tracts. By roll call and voting aye: Ellefson, Elsen, Neubarth and Plasencia; voting no: Bergman, Feyereisen and Nystrom. Motion carried 4 to 3. 8. Joe Berqlave of Minnesota -Chic Oil Corp. and Brad Gilleson, Attorney, appeared regardinq application #77-63 for a conditional use permit to allow the sale of non -automobile related merchandise at the service station located on the southeast corner of Douglas Drive and 36th Ave. North (3550 pouglad Drive) . A petition was presented with 127 signatures indicating no abjection to the sale of the requested item. January 9, 1978 - continued Moved by Commissioner Plasencia and seconded by Commissioner Feyereisen to recommend to deny application #77-63 of Minnesota - Ohio Oil Corp. for a conditional use permit to allow the sale of non -automobile related merchandise (Section 515.35, Subd. 4-f) at the service station located at 3550 Douglas Drive and legally described as the North 120 ft. of Lot 6, Block 4, Rosedale Acres. The findings of fact are: would intensify a non -conforming use; based on prior denial by City Council for allowing the sale of non -automobile related merchandise at a service station. Motion carried. 9• Chairman Elsen declared that nominations were open for officers to the Planning Commission consisting of Chairman, Vice -Chairman and Secretary for the year ending December 31, 1978. Moved by Commissioner Bergman and seconded by Commissioner Feyereisen to nominate the existing slate of officers for the year ending December 31, 1978. Moved by Commissioner Plas-encia and seconded by Commissioner Bergman that nominations be closed and that the Secretary be instructed to cast a unanimous ballot for the existing slate of officers for another term of one year - Elsen, Chairman; Peters, Vice -Chairman; and Neubarth, Secretary. Motion carried. Commissioner Plasencia agreed to be the Planning Commission member to be on a study committee to decide what to do with Thorson School. Moved by Commissioner Ellefson and seconded by Commissioner Bergman to adjourn. Motion carried. ChaL an Elsen Secretary Neubarth 200 FEBRUARY 13, 1978 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Bergman, Ellefson, Elsen, Neubarti?., Nystrom, Peters.,_Plasencia and Ryan; the following were absent: Feyereisen and Juday; also present were planning consultants Arntzen and Sherburne. Moved by Commissioner Ellefson and seconded by Commissioner Bergman to approve the minutes of the January 9, 1978 meeting. Motion carried. 1. R. C. Kinmore appeared regarding tentative approval of proposed plat GRAPHCO SECURITIES ADDITION located at the northeast quadrant of Bass Lake Road & West Broadway. Moved by Commissioner Nystrom and .seconded by Commissioner Ellefson to recommend to grant tentative approval of GRAPHCO SECURITIES ADDITION located at the northeast quadrant of Bass Lake Road & West Broadway, which is a replat of Lots 14 & 15, Auditor's Subdivision No. 226, and Lot 1, Block 1, Crystal Securities Addition. Motion carried. 2. Stan Beckstrom of Ackerson Construction.Co.'appeared regarding a building permit for Maxwell.Aircraft.for an addition to an existing hangar at the Crystal Airport. Moved by Commissioner. Bergman and seconded by Commissioner Peters to recommend to approve authorization to issue building permit #447 to Ackerson Construction Co. for an 80' x 100' addition to an existing hangar on Leased Lot 23, Crystal Airport, subject to standard procedure. Motion carried. 3. Brad Gillan, Attorney representing M&O Oil Co., appeared regarding a conditional use permit to permit the sale of non - automobile related merchandise (grocery store) in conjunction with the gas station at 36th & Douglas Drive. After discussion, Mr. Gillan asked to have this item tabled until he meets with his client regarding the necessary exhibits and applications required. Moved by Commissioner Ryan and seconded by Commissioner Nystrom to table conditional use permit #77-63 of M&O Oil Co. until requirements for submission of exhibits and applications are made. Motion carried. February 13, 1978 - continued 4, The City Engineer indicated that Tom Lutgen of the Minnesota Department of Natural Resources will be present at the March 13th Planning Commission meeting to present and discuss a revised flood plain ordinance which will conform to the requirements of the Federal Insurance Agency. Moved by Commissioner Bergman and seconded by Commissioner Ryan to adjourn. Motion carried. r. Chairman g1sen 10 Secretary Neubarth 201 MARCH 13, 1978 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Ellefson, Elsen, Feyereisen, Neubarth, Nystrom, Peters and Plasencia; the following were absent: Bergman, Juday and Ryan; also present were planning consultants Arntzen and Sherburne. Moved by Commissioner Plasencia and seconded by Commissioner Nystrom to approve the minutes of the February 13, 1978 meeting. Motion carried. 1. Douglas Hoskin appeared regarding final approval of HOSKIN'S ADDITION located at 32nd & Louisiana Ave. North. Moved by Commissioner Peters and seconded by Commissioner Neubarth to recommend to grant final approval of HOSKIN'S ADDITION which is a replat of that part of Lot 5, Robbinsdale Gardens, lying North of the South 144.50 feet and East of the West 196.55 feet. Motion carried. 2, The proposed plat of DESIGN ASSOCIATES ADDITION was submitted for consideration of final approval located at the southwest quadrant of 57th & West Broadway. Applicant --George E. Nadler. Moved by Commissioner Plasencia and seconded by Commissioner Peters to recommend to grant final approval of DESIGN ASSOCIATES ADDITION which is a replat of Lots 1 & 2, Block 1, General Mills Crystal Addition, except that part of Lot 1, Block 1, General Mills Crystal Addition lying Easterly of a line 1.17 ft. SWly of, measured at a right angle to and parallel with the line dividing said Lot 1 from West Broadway. Motion carried. 3. Jim Robinson of Baldwin Realty appeared regarding a building permit for an office building at 5600 56th Ave. North. Moved by Commissioner Nystrom and seconded by Commissioner Neubarth to recommend to approve authorization to issue building permit #471 to Baldwin Realty Co. for a 1321x42' - 42'x8' office building at 5600 56th Ave. North, Lot 2, Block 1, Les Brown Addition, subject to standard procedure. Motion carried. 4. Joe Harris appeared regarding applications #78-1 & #78-2 for variances iTI the lot width and square feet requirements (lot size 40'x120.67') at 3524 Noble Ave. North. Moved by Commissioner Peters and seconded by Commissioner Ellefson that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.15, Subd. 2-a, to grant a variance of 20 ft. to build on lot with 40 ft. frontage; and Section 515.15, Subd. 2-c, to grant a variance of 2460 sq. ft. to build on lot that is 5040 sq. ft., at 3524 Noble Ave. North, Lot 22, Block 4, Woodland Homes, as requested in applications #78-1 & #78-2 of Joe Harris. March 13, 1978 - continued The findings of fact are: Lot is not conducive to adhering to the strict application of this section of the City Code; this is the only practical thing to do. Motion carried. _ Tom Lutgen of the Minnesota Department of Natural Resources was present and discussed revisions to the existing flood plain zoning ordinance which will conform to the requirements of the Federal Insurance Agency Department of HUD. Moved by Commissioner Feyereisen and seconded by Commissioner Nystrom to recommend to the City Council that the flood plain ordinance be amended to conform to the requirements of F.I.A. along the guide lines as presented by the DNR representative. Motion carried. C. The Chairman commented on the March 1, 1978 letter from the Attorney for M&O Oil Co. regarding conditional use application for the 36th & Douglas site. None of the requested exhibits have been submitted to date, and the matter will remain tabled until such time that the required exhibits are submitted. Moved by Commissioner Feyereisen and seconded by Commissioner Ellefson to adjourn. Motion carried. Chairman Elsen Secretary Neubarth APRIL 10, 1978 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Bergman, Elsen, Feyereisen, Juday, Neubarth, Nystrom, Peters, Plasencia and Ryan; the following were absent: Ellefson; also present were Planning Consultant Arntzen and Assistant City Engineer Smith. Moved by Commissioner Nystrom and seconded by Commissioner Bergman to approve the minutes of the March 13, 1978 meeting. Motion carried. 1. A representative from Jack Bruhn & Associates appeared regarding application #78-4 for rezoning property located at 6058 Lakeland Ave. North, from B-3 District (auto -oriented commercial) to B-2 District (limited commercial) to construct a professional office building. Moved by Commissioner Neubarth and seconded by Commissioner Juday to set a public hearing before the Planning Commission for 7:30 p.m., May 8; 1978, to consider the request of Jack Bruhn & Associates in application #78-4 to rezone Lot 1, Block 1, Storm's Addition, located at 6058 Lakeland Ave. North, from B-3 District (auto - oriented commercial) to B-2 District (limited commercial) . Motion carried. 2. Larry Embretson appeared regarding final approval of ELWOOD MOORE ADDITION located at 4529 Zane Ave. North. Moved by Commissioner Feyereisen and seconded by Commissioner Plasencia to recommend to grant final approval of ELWOOD MOORE ADDITION which is a replat of the East 135 ft. of Lot 3, Block 1, Wagner's Garden Tracts. Motion carried. 3. William Dolan of Koehnlein, Lightowler,.Johnson, Inc.-j,appeared regarding application #78-5 for rezoning property located at the southeast corner of 30th & Winnetka Ave. North from R-4 District (high density residential) to B-1 District (neighborhood commercial) to construct an office:'building. Moved by Commissioner Bergman and seconded by Commissioner Juday to set a public hearing before the Planning Commission for 7:30 p.m., May 8, 1978, to consider the request of Barth Development Corp. in application #78-5 to rezone Lots 1, 2 & the North 8 ft. of Lot 3, Block 1, Lynn Gardens Addition, located at the southeast corner of 30th & Winnetka, from R-4 District (high density residential) to B-1 District (neighborhood commercial). Motion carried. 4, William Dolan of Koehnlein, Lightowler, Johnson, Inc., appeared regarding tentative approval of proposed plat BARTH DEVELOPMENT ADDITION located at the southeast corner of 30th & Winnetka Ave. North. April 10, 1978 - continued Moved by Commissioner Bergman and seconded by Commissioner Juday to recommend to grant tentative approval of BARTH DEVELOPMENT ADDITION which is a replat of Lots 1, 2013 & 4, Block 1, Lynn Gardens Addition. Motion carried. 5. Jerry Choromanski of Crystal State Bank and Gene E. Hickey, Architect, appeared regarding application #78-6 for a variance in the front yard setback for a drive-in canopy at the mini -bank facility to be located at the southeast corner of 42nd & Douglas Drive. Moved by Commissioner Neubarth and seconded by Commissioner Peters that pursuant to Section 515.55 of the Crystal City Code to recommend to the Council to vary or modify the strict application of Section 515.13, Subd. 2(b), to grant a variance of 12 ft. in the front yard setback for a drive-in canopy at the mini -bank facility to be located at the southeast corner of 42nd & Douglas Drive (proposed Lot 1, Block 1, Crystal State Bank 2nd Addition), as requested in application #78-6 of Crystal State Bank. The findings of fact are: will not interfere with traffic visibility; still have 25 ft. clearance from roadway. Motion carried. 6. Jerry Choromanski of Crystal State Bank and Gene E. Hickey, Architect, appeared regarding applications #78-7 & #78-8 for variances to allow 32 ft. driveway openings at the mini -bank facility to be located at the southeast corner of 42nd & Douglas Drive. Moved by Commissioner Feyereisen and seconded by Commissioner Bergman that pursuant to Section 515.55 of the Crystal City Code to recommend to the Council to vary or modify the strict appli- cation of Section 515.09, Subd. 4h-6, to grant variances of 5 ft. over the required minimum of 22 ft., to allow two driveway openings of 27 ft. at the mini-bank..facility to be located at the southeast corner of 42nd & Douglas Drive (proposed Lot 1, Block 1, Crystal State Bank 2nd Addition), as requested in applications #78-7 & #78-8 of Crystal State Bank. The findings of fact are: better traffic movement; help eliminate cars going over curb; curb cut not too wide to allow three cars leaving premises at the same time. Motion carried. 7, Application #78-3 of Boyer Palmer was submitted for consideration for rezoning property located at Kentucky Ave. & 57th Ave. North from R-4 District (high density residential) to B-1 District (neighborhood commercial) for an office building. No one appeared. April 10, 1978 - continued Moved by Commissioner Bergman and seconded by Commissioner Nystrom to set a public hearing before the Planning Commission for 7:30 p.m., May 8, 1978, to consider the request of Boyer Palmer in application #78-3 to rezone Outlot 1, Murray Lane 6th Addition; Outlot A, Salsberg Addition; Outlot 1, Spilane Addition; Outlot A, Kubinski & Palmer Addition; and the North 33 ft. of Outlot A, Crystal State Bank Addition from R-4 District (high density residential) to B-1 District (neighborhood commercial). Motion carried. 8. Application for tentative approval of proposed plat BOYER PALMER ADDITION located at 57th & Kentucky Ave. North was submitted for consideration. No one appeared. Moved by Commissioner Feyereisen and seconded by Commissioner Bergman to recommend to grant tentative approval of BOYER PALMER ADDITION which is a replat of Outlot 1, Murray Lane 6th Addition; Outlot A, Salsberg Addition; Outlot 1, Spilane Addition; Outlot A, Kubinski & Palmer Addition; and the North 33 ft. of Outlot A, Crystal State Bank Addition, subject to 5 ft. utility and drainage easement on the perimeter of the plat. Motion carried. 9. Wally Anderson appeared to discuss possible uses of property lte owns at 3400 Douglas Drive. After discussion, Mr. Anderson indicated he would attend the next meeting and present a proposed layout of the intended use of the property. Moved by Commissioner Bergman and seconded by Commissioner Nystrom to adjourn. el Chairman./81sen X Secretary Neubarth MAY 8, 1978 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Bergman, Ellefson, Elsen, Feyereisen, Neubarth, Nystrom, Peters and Plasencia; the follow- ing were absent: Juday and Ryan; also present were planning consultants Sherburne and Peterson. Moved by Commissioner Feyereisen and seconded by Commissioner Bergman to approve the minutes of the April 10, 1978 meeting. Motion carried. 1. It being 7:30 p.m., Chairman Elsen declared this was the time and the place as advertised for the public hearing to consider appli- cation #78-4 as submitted by Jack Bruhn & Associates to rezone from B-3 District (auto -oriented commercial) to B-2 District (limited commercial) property located at 6058 Lakeland Ave. North. Bill Peterson of William S. Peterson Architects appeared and explained their plans for building an office building on the site. Moved by Commissioner Feyereisen and seconded by Commissioner Nystrom to recommend to approve application #78-4 as submitted by Jack Bruhn & Associates to rezone from B-3 District (auto - oriented commercial) to B-2 District (limited commercial) Lot 1, Block 1, Storm's Addition, located at 6058 Lakeland Ave. North. The findings of fact are:, the proposed use is compatible with uses in area; the zoning is of lesser intensity than the one that exists there now; should be an improvement to the area. Motion carried. 2. It being 7:30 p.m., Chairman Elsen declared this was the time and the place as advertised for the public hearing to consider application #78-3 as submitted by Boyer Palmer to rezone from R-4 District (high density residential) to B-1 District (neighborhood commercial) property located at 57th & Kentucky Ave. North. Boyer Palmer appeared and explained their plans for building an office building on the site. Mr. Palmer amended application #78-3 for rezoning to a B-2 District (limited commercial). Dick Garies of 5644 Mary- land appeared and indicated he was in favor of the rezoning. Moved by Commissioner Peters and seconded by Commissioner Plasencia to recommend to approve application #78-3 as amended by Boyer Palmer to rezone from R-4 District (high density residential) to B-2 District (limited commercial) and legally described as Outlot 1, Murray Lane 6th Addition; Outlot A, Salsberg Addition; Outlot 1, Spilane Addition; Outlot A, Kubinski & Palmer Addition; and the North 33 ft. of Outlot A, Crystal State Bank Addition. The findings of fact are: improvement of area that has long been sitting empty; dispose of hangout area that has caused concern to residents; compatible with uses in area. Motion carried. May 8, 1978 - continued 3. It being 7:30 p.m., Chairman Elsen declared this was the time and the place as advertised for the public hearing to consider application #78-5 as submitted by Barth Development Corp. to rezone from R-4 District (high density residential) to B-1 District (neighborhood commercial) property located at the southeast quadrant of 30th & Winnetka. The proponents did not appear. The following were in attendance: Robert Wilken, 2947 Sumter Ave., and Lawrence McDonald, 2946 Sumter Ave. Moved by Commissioner Peters and seconded by Commissioner Nystrom to continue the public hearing until the June 12th meeting. Motion carried. 4. Mardine Lindgren was present regarding tentative approval of proposed plat LINDGREN ADDITION located at 57th & Brunswick Ave. North. Moved by Commissioner Peters and seconded by Commissioner Bergman to recommend to grant tentative approval of LINDGREN ADDITION which is a replat of Lot 45 except the South 66 ft. thereof, Auditor's Subdivision No. 328. Motion carried. 5. Russell Kedrowski appeared regarding application #78-9 for a variance in the front yard setback at 3412 Xenia Ave. North. Discussion was held concerning the extensive repairs necessary to restore the building, the cost of repairs, the non -conforming status of the building, the more than 50o restoration costs of the structure, the possibility of moving the structure on the lot to conform to the zoning requirements,"the'age of the - building, and the before and after values of the building. Moved by Commissioner Plasencia and seconded by Commissioner Feyereisen to deny variance application #78-9 of Russell Kedrowski for a variance in the front yard setback on Lot 9, Block 1, Hipps Valley View 2nd Addition, located at 3412 Xenia Ave. North. The findings of fact are: no hardship is present because there is room on the lot to locate a conforming structure; the existing structure can conform with regard to location by removing a portion of the front and adding on to the rear. Motion carried. 6. Jerry Choromanski of the Crystal State Bank appeared regarding application #78-10 for a variance in the required number of parking stalls at the mini -banking facility at 42nd & Douglas Drive. The required number for the proposed building is 19 stalls, and the available parking on the site is 17 stalls. may 8, 1978 - continued Moved by Commissioner Peters and seconded by Commissioner Feyereisen that pursuant to Section 515.55 of the Crystal City Code to recommend to the Council to vary or modify the strict application of Section 515.09, Subd. 8-q, to grant a variance of 2 parking stalls at the mini -banking facility at 42nd & Douglas Drive. The findings of fact are: additional area available for employee parking at 6209 42nd Ave.; everything else seems to be in compliance. Motion carried. 7. A building permit for a canopy and service window for McDonald's Drive-in at 5400 West Broadway was presented for consideration. No one appeared. Moved by Commissioner Nystrom and seconded by Commissioner Bergman to table for further study authorization to issue building permit #578 to McDonald's Drive-in for a canopy and service window at 5400 West Broadway, Lot 1, Block 1, McDonald's 2nd Addition. Motion carried. B. Joseph F. Schmidt, Attorney, appeared regarding tentative approval of proposed plat AUDREY ADDITION located at 34th & Yates Ave. North. Moved by Commissioner Feyereisen and seconded by Commissioner Peters to recommend to grant tentative approval of AUDREY ADDITION which is a replat of that part of Lot 1 lying East of the West 350 ft. thereof except that part of the North 91 ft. of said Lot 1 lying East of the West 410 ft. of said Lot 1; and that part of Lot 2 lying East of the West 350 ft. thereof; all in Sunnybrook Acres; and Lot 6, Rosedale Acres, except that part thereof embraced in Hipp's Valley View Addition, Block 5, and except the North 90 ft. thereof in Rosedale Acres. Motion carried. °. Tentative approval of proposed plat MSM ADDITION located at 3203 Vera Cruz Ave. North was submitted for consideration. Applicant--M.S.M. Company. Moved by Commissioner Nystrom and seconded by Commissioner Neubarth to recommend to grant tentative approval of MSM ADDITION which is a replat of Lot 8, Block 6, Rosedale Acres. Motion carried. 10. Mike Weigel appeared regarding application #78-11 to rezone property located at the northwest quadrant of 33rd & Nevada Ave. North from I-2 District (heavy industrial) to R-3 District (medium density residential). Moved by Commissioner Bergman and seconded by Commissioner Plasencia to set a public hearing before the Planning Commission for 7:30 p.m., June 12, 1978, to consider the request of Mike Weigel in application #78-11 to rezone that part of Lot 9 lying East of the West 105 ft., Robbinsdale Gardens, from I-2 District (heavy industrial) to R-3 District (medium density residential). Motion carried. F'ay 8, 1978 - continued 11. The City of Crystal requested in rezoning application #78-12 that consideration be given to rezone from B-4 District (community commercial) to P-1 District (off-street parking - commercial/industrial) the property located on the southeast quadrant at 36th & Noble Ave. North which is presently owned by the City of Crystal. Moved by Commissioner Feyereisen and seconded by Commissioner Nystrom to set a public hearing before the Planning Commission for 7:30 p.m., June 12, 1978, to consider the request of the City of Crystal in application #78-12 to rezone Lots 29 & 30, except the East 60 feet thereof in Block 4, Woodland Homes, from B-4 District (community commercial) to P-1 District (off- street parking - commercial/industrial). Motion carried. 12. Wally Anderson appeared to discuss his property holdings on the northeast quadrant of 34th & Douglas Drive with respect to possible multiple dwelling zoning, possible re -arrangement of the single family houses, possible remodeling and relocation of the existing store. No action was taken. Moved by Commissioner Bergman and seconded by Commissioner Peters to adjourn. Motion carried. Chairman/.- lsen Secretary Neu arth JUNE 12, 1978 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Ellefsorl, Elsen' Feyereisen, Juday, Neuharth, Nystrom and Plasencia; the following were absent: Bergman, Peters and Ryan; also present were planning con- sultants Peterson and Sherburne. Moved by Commissioner Feyereisen and seconded by Commissioner Ellefson to approve the minutes of the May 8, 1978 meeting. Motion carried. I. It being 7:30 p.m., Chairman Elsen declared this was the time and the place as advertised for the public hearing to considex appli- cation 08-11 a:s submitted by Mike Weigel to 27ezone from 1--2 District (heavy industrial) to R-3 District (medium density resi- dential) property located at the northwest quadrant of 33rd & Nevada Ave. North. Mike Weigel appeared and announced that they were withd-ra.wing their request for roze=ning and that they had no further interest in the property either now or in the fut-are. IIe cited as reasons for the withdrawal the inability to plat the property in the manner acceptable to Mr.. Nevitt and concern for what type of development may take place on the property adjacent to the north. Chairman Elsen declared the hearing closed and the matter dropped. 2. I't being 7:30 p.m., Chairman Elsen dcclared this was the time and the place as advertised for the public hearing to consider application #78-12 as submitted by the City of Crystal to rezone from B-4 District (community commercial) to P-1 District (offstreet parking - commercial/ industrial) property located at the southeast quadrant of 36th & Noble Ave. North. No one appeared. Moved by Commissioner Neubarth and seconded by Commissioner Nystrom to recommend to approve application #78-12 as submitted by the City of Crystal to rezone from B-4 District (community commercial) to P-1 District (offstreet parking - commercial/industrial) Lots 29 & 30, except the East 60 ft. thereof in Block 4, Woodland Homes, southeast quadrant of 36th & Noble Ave. North. Motion carried. 3. Dale W. Hallen appeared regarding application #78-13 for a variance to allow two curb cut openings for a 4 unit townhouse proposed to be built in the 5500 block of Maryland Ave. in New Hope (Crystal street). Moved by Commissioner Feyereisen and seconded by Commissioner Plasencia that pursuant to Section 515.55 of the Crystal City Code to recommend to the Council to vary or modify the strict application of Section 515.09, Subd. 4(h-10), to allow two curb cut openings on Maryland Ave. as requested in application #78-13 of Dale W. Hallen. June 12, 1978 - continued The findings of fact are: this is a better solution as opposed to allowing just one curb cut; the esthetics of the situation. Motion carried. 1. Jim Cook of the Crystal State Bank appeared regarding final approval of CRYSTAL STATE BANK 2ND ADDITION located at 42nd F Douglas Drive. Moved by Commissioner Juday and seconded by Commissioner Ellefson to recommend to grant final approval of CRYSTAL STATE BANK 2ND ADDITION which is a replat of Parcels 5009 & 5016 in Glenwood Manor. Motion carried. 5. Jim Cook of the Crystal State Bank appeared regarding a building permit for a mini -bank at the southeast corner of 42nd & Douglas Drive. Moved by Commissioner Feyereisen and seconded by Commissioner Nystrom to recommend to approve authorization to issue building permit #732 to Crystal State Bank for a mini -bank to be constructed on Lot 1, Block 1, Crystal State Bank 2nd Addition, southeast corner of 42nd & Douglas Drive, subject to standard procedure. Motion carried. 6. Applications #78-14 & #78-15 were submitted for variances in the minimum lot depth and rear yard setback to build a house at north- east corner of Regent & Bass Lake Road. No one appeared. Moved by Commissioner Ellefson and seconded by Commissioner Juday that pursuant to Section 515.55 of the Crystal City Code to recommend to the Council to vary or modify the strict application of Section 515.15, Subd. 2-b, to grant a variance of 10.1' in the required 100' lot depth; and Section 515.13, Subd. 4-a, to grant a variance of 4' in the required 40' rear yard setback, Lot 2, Block 2, Bodem's Addition, as requested in applications #78-14 & #78-15 of Ray Stegora. The findings of fact are: the only utilization of the lot. Motion carried. 7. John L. Pierson to appear regarding final approval of CRYSTAL INDUSTRIAL 2ND ADDITION located at 5221 Lakeland Ave. North. Moved by Commissioner Nystrom and seconded by Commissioner Neubarth to recommend to grant final approval of CRYSTAL INDUSTRIAL 2ND ADDITION which is a replat of Lots 7 & 8, Crystal Industrial Addition. Motion carried. 8. Jerome D. Larsen was present regarding tentative approval Cif J. D. LARSEN ADDITION located at Orchard & 58th Ave. North. Moved by Commissioner Nystrom and seconded by Commissioner Feyereisen to recommend to grant tentative approval of J. D. LARSEN ADDITION which is a replat of the South 363' of the E4 of the SE4 of the NE4, Section 4, Township 118, Range 21, except streets (Parcels 1415 & 1420). Motion carried. June 12, 1978 - continued 9. James Cegla appeared regarding application #78-16 for a variance for an addition to the dwelling which will encroach in the required 40' rear yard setback at 8308 Northern Drive. Moved by Commissioner Juday and seconded by Commissioner Nystrom that pursuant to Section 515.55 of the Crystal City Code to recommend to the Council to vary or modify the strict application of Section 515.13, Subd. 4-a, to grant a variance of 6' in the required 40' rear yard setback for an addition to the house, Lot 5, Block 2, West Winnetka Terrace 5th Addition, 8308 Northern Drive, as requested in application #78-16 of James Cegla. The findings of fact are: the homeowner is entrapped between the builder and the City code. Motion carried. lig. Continuation of the public hearing regarding rezoning application #78-5 as submitted by Barth Development Corp. to rezone from R-4 District (high density residential) to B-1 District (neighborhood commercial) property located at the southeast corner of 30th & Winnetka Ave. The proponents have withdrawn their request and therefore further consideration was dropped. 11. Building permit #578 for a canopy and service window at McDonald's Drivein, 5400 West Broadway, which was tabled May 8, 1978 was withdrawn by the applicant and therefore any further consideration was dropped. 1,0. Stanley Wodziak appeared regarding tentative approval of PALACE INN ADDITION located at northwest corner of West Broadway & Bass Lake Road. Moved by Commissioner Plasencia and seconded by Commissioner Ellefson to recommend to grant tentative approval of PALACE INN ADDITION which is a replat of Lot 1, Block 1, Brisky Addition. Motion carried. D. Marlene Fearing appeared regarding tentative approval of FEARING ADDITION located at 62nd & Florida Ave. North, Moved by Commissioner Feyereisen and seconded by Commissioner Juday to recommend to grant tentative approval of FEARING ADDITION which is a replat of the North 196' of the West 132' of the East 659.90' of the NE4 of the NE4 of Section 5, Township 118, Range 21. Motion carried. 1 George Frisch, Edward Paster and Reed Banet of Paster Enterprises were present to discuss their request for an on going approval of the Planning Commission and City Council for a building permit procedure to expire 12/31/80. June 12, 1978 - continued Moved by Commissioner Feyereisen and seconded by Commissioner Juday that, upon review by the City Attorney, the following resolution be adopted by the City Council. BE IT RESOLVED by the City Council cif the City of Crystal: 1. Subject to all of the following terms and conditions, Crystal Shopping Center Associates is hereby authorized to receive such additional building permit or permits as are necessary to renovate, remodel and repair the Crystal Shopping Center in accordance with the development plan submitted herewith. 2. The City of Crystal Building Inspector is authorized to issue such building permits from time to time hereafter upon receipt from Crystal Shopping Center Associates of specifications demonstrating that the renovation, repairs or remodeling of existing buildings: a. are in accordance with the development plan submitted herewith dated 6/7/78 and the Anticipated Schedule of Construction dated 6/9/78; and b. conform in all respects to applicable provisions of the Crystal zoning and building codes. 3. The authorization granted hereby shall expire December 31, 1980. Motion carried. 15. Consideration was made concerning the inclusion of physical culture and health studios as a conditional use in the B-4 zoning district as referred by the City Council. Moved by Commissioner Juday and seconded by Commissioner Ellefson to recommend the adoption of an ordinance as follows: AN ORDINANCE RELATING TO ZONING: AMENDING CITY CODE, APPENDIX I (ZONING), SUBSECTION 515.37, SUBDIVISION 4 TI CITY OF CRYSTAL DOES ORDAIN: Section 1. Crystal City Code, Appendix I, Subsection 515.37, Subdivision 4, is amended by adding the following: (f) Physical culture and health studios, not including steam baths as defined by Section 620 of the City Code (unless separately licensed), provided that: 1) the use does not include activity licensed by Section 1170 of the City Code; 2) the use does not conflict with the character of development intended for the district; 217 June 12, 1978 - continued 3) the use conforms to the requirements of Section 620 of the City Code to the extent found appli- cable by the Health Authority; 4) the provisions of Subsection 515.53, Subdivision le of the Code are considered and satisfactorily met. Section 2. The ordinance is effective in accordance with Subsection 110,.11 of the City Code. Motion carried. Moved by Commissioner Juday and seconded by Commissioner Neubarth to adjourn. Motion carried. Chairmiy Elsen EPA IN ON AA VIVA Wo S JULY 10, 1978 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Elsen, Feyereisen, Juday, Neubarth, Peters, Plasencia and Ryan; the following were absent: Bergman, Ellefson and Nystrom; also present were planning consultants Peterson and Sherburne. Moved by Commissioner Juday and seconded. by Commissioner Feyereisen to approve the minutes of the June 12, 1978 meeting. Motion carried. 1. James A. Smith appeared regarding tentative approval of proposed plat TWIN LAKE PARK 5TH ADDITION located at 5652 Regent Ave. No. Moved by Commissioner Plasencia and seconded by Commissioner Juday to recommend to grant tentative approval of TWIN LAKE PARK 5TH ADDITION, which is a replat of Lot 5, Block 7, Twin Lake Park 2nd Addition. Motion carried. 2. Donald E. Swenson appeared regarding application #78-18 for rezoning the northwest corner of the intersection of Bass Lake Road- 'anti. Vera Cr'uz­Ave-: from R-1 District (single family residential) to B-4 District (community commercial). Moved by Commissioner Juday and seconded by Commissioner Peters to set a public hearing before the Planning Commission for 7:30 p.m., August 14, 1978, to consider the request of Donald E. Swenson in application #78-18 to rezone from R-1 District (single family residential) to B-4 District (community commercial) that part of SE4 of SW4 lying North of road, Section 4, Township 118, Range 21 (Parcel 2400), northwest corner of the intersection of Bass Lake Road and Vera Cruz Ave. Motion carried. 3. The City Council has asked the Planning Commission to review the desirability of permitting the mixture of residential and commercial uses within the same structure and lying within some types of commercial zoning. The Planning Commission members feel that such a use may be desirable in certain instances and request that the City Council retain the services of a professional planner to meet with the Planning Commission and establish guide lines to exercise control over this type of use. 4. No one appeared regarding application #78-19 for a variance for enlarging a non -conforming use with an addition to the house and a bay window which would extend in the front yard setback at 3542 Kyle Ave. No. Moved by Commissioner Juday and seconded by Commissioner Feyereisen to table application #78-19 as described above, for better detail and precise plans. Motion carried. July 10, 1978 - continued 5. Mardine Lindgren appeared regarding final approval of LINDGREN ADDITION located at 5739 Brunswick Ave. No. Moved by Commissioner Juday and seconded by Commissioner Feyereisen to recommend to grant final approval of LINDGREN ADDITION which is a replat of Lot 45 except the South 66' thereof, Auditor's Subdivision #328. Motion carried. Pierre L. Charboneau appeared regarding application #78-20 for a variance to allow an addition to the house on a lot with non -conforming front and side yard setbacks at 4241 Hampshire Ave. No. Moved by Commissioner Feyereisen and seconded by Commissioner Plasencia that pursuant to Section 515.55 of the Crystal City Code to recommend to the Council to vary or modify the strict application of Section 515.05, Subd. 2, to allow a 61x16' addition on a lot that is non -conforming in the front yard and side yard setbacks at 4241 Hampshire Ave. No., Lot 1, Block 4, Ostman's Addition, as requested in application #78-20 of Pierre L. Charboneau. The findings of fact are: the non -conforming set back of 19' on 43rd Ave. and 27.5' on Hampshire Ave. will remain unchanged; the addition will be of benefit to present and future owners of the property; and virtually no detriment to the neighborhood. Motion carried. 7. Stanley Wodziak appeared regarding application #78-21 for a variance in the required number of parking stalls at 5607 West Broadway. The required number for the site is 107 stalls and there are 88 stalls provided on the site plans. Moved by Commissioner Feyereisen and seconded by Commissioner Juday to table for further study until the next meeting on August 14, 1978, application #78-21 of Stanley Wodziak as described above. The applicant will review his plans to see if he can modify them to meet the parking requirements. Motion carried. 8. Robert Kuebelbeck appeared. regarding final approval of MSM ADDITION located at 3203 Vera Cruz Ave. No. Moved by Commissioner Feyereisen and seconded by Commissioner Neubarth to recommend to grant final approval of MSM ADDITION which is a replat of Lot 8, Block 6, Rosedale Acres, and Lot 9, except the North 50' of the South 70' of the East 80' thereof, Block 6, Rosedale Acres. Motion carried. 9. Robert Kuebelbeck appeared regarding a building permit for an addition to the existing building at 3203 Vera Cruz Ave. No. 220 July 10, 1978 - continued Moved by Commissioner Neubarth and seconded by Commissioner Peters to recommend to approve authorization to issue building permit #852 to Robert Kuebelbeck for an addition to the existing building at 3203 Vera Cruz Ave. No., Lot 1, Block 1, proposed MSM Addition, subject to standard procedure. Motion carried. 10. Neil Weber appeared regarding a building permit for an office building at 4905 West Broadway. Moved by Commissioner Neubarth and seconded by Commissioner Peters to recommend to approve authorization to issue building permit to Crystal Business Commons, Inc. for an office building at 4905 West Broadway, Lot 3, Block 1, West Lilac Terrace 4th Unit, subject to standard procedure. Commissioner Feyereisen abstained. Motion carried. 11. Michael D. Holt and John Hogenson of Superamerica appeared regarding applications #78-22 and #78-23 for conditional use permits to allow a motor fuel station and operate a retail store as an accessory use in conjunction with the motor fuel station at the Northeast corner of 36th and Winnetka Ave. No. Moved by Commissioner Feyereisen and seconded by Commissioner Neubarth to set a public hearing before the Planning Commission for 7:30 p.m., August 14, 1978, to consider the requests of Superamerica in applications #78-22 and #78-23 for conditional use permits to allow a motor fuel station (Section 515.35, Subd. 4-c) and operate a retail store as an accessory use in conjunction with the motor fuel station (Section 515.35, Subd. 4-f) at the Northeast corner of 36th and Winnetka Ave. No., Lot 1, Block 1, Winnetka Village Addition. Motion carried. 12. Helen Branvold appeared regarding application #78-2.4 for a variance for a fence to exceed 8 ft. in height for a tennis court at 4808 Quail Ave. No. Moved by Commissioner Peters and seconded by Commissioner Feyereisen that pursuant to Section 515.55 of the Crystal City Code to recommend to the Council to vary or modify the strict application of Section 515.07 Subd. 8-a, to grant a variance of 2 ft. to allow a 10 ft. fence to be built for a tennis court on that part of Tract C lying Nly of Registered Land Survey #688, of Registered Land Survey #438, 4808 Quail Ave. No., as requested in application #78-24 of Helen Branvold. The findings of fact are: the fencing would not be an enclosure; it would be chain link so you can see thru it; portions actually less than 10 ft. high because of grading; no harm to neighborhood or property values. Motion carried. July 10, 1978 - continued 13. Representatives from Crystal Shamrock Flight Services, Mr. Peters and Mr. Gilligan, appeared to discuss preliminary plans for office remodeling and living quarters addition to include general offices, ground school, car rental, garage and storage, airline office and pilot rest area at the Crystal Airport. The consensus of the Planning Commission members was that there is no objection to the proposal of Crystal Shamrock. Moved by Commissioner Juday and seconded by Commissioner Feyereisen to adjourn. Motion carried. Chairman iOlsen Secre ary Neubarth y AUGUST 14, 1978 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Elsen, Feyereisen, Neubarth, Nystrom, Plasencia and Ryan; the following were absent: Bergman, Ellefson, Juday and Peters; also present were planning consultants Peterson and Sherburne. Moved by Commissioner Feyereisen and seconded by Commissioner Plasencia to approve the minutes of the July 10, 1978 meeting. Motion carried. 1. It being 7:30 p.m., Chairman Elsen declared this was the time and the place as advertised for the public hearing to consider application #78-18 as submitted by Donald E. Swenson to rezone from R-1 District (single family residential) to B-4 District (community commercial) property located at northwest corner of intersection of Bass Lake Road & Vera Cruz Ave. Donald Swenson, applicant, and Jim Pahos, 5625 Vera Cruz Ave. appeared. Moved by Commissioner Feyereisen and seconded by Commissioner Neubarth to recommend to approve application #78-18 as submitted by Donald E. Swenson to rezone from R-1 District (single family residential) to B-4 District (community commercial);,that part of SE4 of SW4 lying North of road, Section 4, Township 118, Range 21, (Parcel 2400), northwest corner of the intersection of Bass Lake Road and Vera Cruz Ave. The findings of fact are: this parcel should have been included in the B-4 classification at the time of ordinance revision and that in effect this rezoning will correct an error. Motion carried. 2. It being 7:30 p.m., Chairman Elsen declared this was the time and the place as advertised for the public hearing to consider appli- cations #78-22 & #78-23 as submitted by Superamerica for conditional use permits to allow a motor fuel station and operate a retail store as an accessory use in conjunction with the motor fuel station at the northeast corner of 36th & Winnetka Ave. John Hoganson and Michael Holt of Superamerica appeared.and--presented pro- posed site plans. Moved by Commissioner Neubarth and seconded by Commissioner Feyereisen to recommend to approve applications #78-22 & #78-23 as submitted by Superamerica for conditional use permits to allow a motor fuel station (Section 515.35, Subd. 4-c) and operate a retail store as an accessory use in conjunction with the motor fuel station (Section 515.35, Subd. 4-f) at the northeast corner of 36th & Winnetka Ave., Lot 1, Block 1, Winnetka Village Addition. Motion carried. August 14, 1978 - continued 3. John Hoganson and Michael Holt of Superamerica appeared regard- ing the following variance applications: #78-29 reducing lot size and therefore eliminate non -conforming use; #78-30 reduction of offstreet parking from 12 to 5; #78-31 variance for canopy setback; #78-32 allow curb opening closer than 50 ft. to inter- section corner, located at 5359 West Broadway. Moved by Commissioner Feyereisen and seconded by Commissioner Neubarth that pursuant to Section 515.55 of the Crystal City Code to recommend to the Council to vary or modify the strict appli- cation of Section 515.09, Subd. 8(s)(t), to allow a variance of 7 offstreet parking stalls (application #78-30); and Section 515.09, Subd. 4(h-4) to allow a variance in the location of a driveway to be permitted 20' from the property corner at the intersection of Edgewood Ave. and West Broadway (application #78-32) at 5359 West Broadway, Lot 8 and that part of Lot l lying North:of.the South line of Lot 8 extended East, Block 1, Becker's Addition. The findings of fact are: Hennepin County condemned 13 ft. (approximately 3000 sq. ft.) along the Broadway side of the property making it necessary to move the pump island if two sided access were to remain -.available; Edgewood Ave. will not intersect with Broadway, therefore the proximity of the driveway to the intersection will not adversely affect the intersection. Motion carried. Moved by Commissioner Feyereisen and seconded by Commissioner Neubarth to recommend to deny application #78-29 for a variance reducing lot size and therefore eliminate non -conforming use; and application #78-31 for a variance for canopy setback, at 5359 West Broadway, Lot 8 and that part of Lot 1 lying North of the South line of Lot 8 extended East, Block 1, Becker's Addition. The findings of fact are: a non -conforming use is a non -conforming use and to declare it a conforming use should be done by reducing the requirements set forth in the ordinance, and to declare it a conforming use would be inappropriatet the property was non- conforming prior to the taking for road improvement; the canopy would be enlarging, intensifying and enhancing the non -conforming use. Motion carried. 4. Stanley Wodziak appeared regarding application #78-21 for a variance in the required number of off-street parking stalls at 5607 West Broadway which was tabled at the July meeting to enable the applicant to review his plans to see if he could modify them to meet the parking requirements. On the revised plans, 91 parking stalls are required and 88 are provided.' 224 August 14, 1978 - continued Moved by Commissioner Plasencia and seconded by Commissioner Nystrom that pursuant to Section 515.55 .of the Crystal City Code to recommend to the Council to vary or modify the strict application of Section 515.0 9 , Subd . 8-v, to grant a variance of 3 offstr+eet parking stalls at 5607 West Broadway, Lot 1, Block 1, proposed Palace .Inn Addition, as requested in appli- cation 478-21 of Stanley Wodziak. The findings of fact are: Hennepin County acquired a strip of land that left the building in a. position to be a hazard at the intersection; the proposal will be an aesthetic improvement of the property; the proponents did cooperate by modifying their plans to came closer to the offstxeet parking requirements, - the variance is small. Motion carried. 5. Gary Sayler appeared regarding application #78-19 for a variance for an addition to the house on a non -conforming lot and a bay window which would extend in the front yard setback at 3542 Kyle Ave. North. Moved by Commissioner Feye.reisen and seconded by Cnmridssioner Ryan that pursuant to Section 515.55 of the Crystal City Code. to recommend to the Council to vary or modify the strict application of Section 515.05, SUbd. 2, tea allow a V x6' addition on a non -conforming lot (40t lot width) , and a bay window which would extend in the front yard setback at 3542 Kyle .Ave. North, Leat 26, ,Block 1, Woodland Tomes, as requested iin application 078-19 of Gary Sayler. The findings of fact are: it would be a harmless expansion of a non -conforming use and would not affect neighboring property in any way. Motion carried. Boyer Palmer appeared regarding final approval of PALMER ADDITION located at Kentucky & 57th Ave. North. Moved by Commissioner Nystrom and seconded by Commissioner Neubarth to recommend to grant final approval of PALMER ADDITION which is a replat of Outlot 1, Murray Lane 6th Addition; Outlot A, 5alsberg Addition; Outlot 1, ,Spilane Addition; Outlot A, Kubinski & Palmer Addition; and Outlot A, Crystal State Bank Addition. Motion carried. 7. Final approval of GRAPHCO SECURITIES ADDITION was presented for consideration located at the northeast corner of Bass Lake Road and West Broadway. Applicant --Robert C. Kinmore. Moved by Commissioner Nystrom and seconded by Commissioner Plasencia to recommend to grant final approval of GRAPHCO SECURITIES ADDITION which is a replat of Lots 14 & 15, Auditor's Subdivision No. 226, and Lot 1, Block 1, Crystal Securities Addition. Motion carried. August 14, 1978 - continued 8. Application #78-25 for a variance was presented for consideration to build a garage on a non -conforming lot at 4323 Vera Cruz Ave. North. Applicant --Kenneth R. Sollberg. Moved by Commissioner Feyereisen and seconded by Commissioner Ryan that pursuant to Section 515.55 of the Crystal City Code to recommend to the Council to vary or modify the strict application of Section 515.05, Subd. 2, to allow a 22'x24' garage to be built on a non -conforming lot (45' lot width), at 4323 Vera Cruz Ave. North, Lot 4, Block 1, Robbinsdale Home Gardens 2nd Addition, as requested in application #78-25 of Kenneth R. Sollberg. The findings of fact are: the whole neighborhood is full of lots that size; have to allow people to build garages there; improvement to neighborhood; will eliminate sideyard encroachment of the old garage. Motion carried. 9. Mary Weekley appeared regarding application #78-26 for a variance to build a garage on a non -conforming lot at 3540 Lee Ave. North. Moved by Commissioner Nystrom and seconded by Commissioner Neubarth that pursuant to Section 515.55 of the Crystal City Code to recommend to the Council to vary or modify the strict application of Section 515.05, Subd. 2, to allow a 161x22' garage to be built on a non -conforming lot (40' lot width), at 3540 Lee Ave. North, Lot 26, Block 2, Woodland Homes Addition, as requested in application #78-26 of Mary Weekley. The findings of fact are: small lot and a variance is the only way they can put a garage on property; would constitute an improve- ment of the property. Motion carried 10. Boyd Annis appeared regarding application #78-27 for a variance to delete the required curbing around parking lot at 5153 Idaho Ave. North. Moved by Commissioner Feyereisen and seconded by Commissioner Neubarth to recommend to deny application #78-27 of Boyd Annis for a variance to delete the required curbing around parking lot at 5153 Idaho Ave. North, Lot 6, Block 1, Jayflo's Addition. The findings of fact are: don't believe proponent has made necessary arguments that would permit us to recommend deleting this requirement from the agreement. Motion carried. I.I. Harold Smith, owner, and Joseph Shun of Inter -City Builders, appeared regarding application #78-28 for a variance to build a garage on a non -conforming lot at 3456 Lee Ave. North. 46"0 August 14, 1978 - continued Moved by Commissioner Feyereisen and seconded by Commissioner Nystrom that pursuant to Section 515.55 of the Crystal City Code to recommend to the Council to vary or modify the strict application of Section 515.05, Subd. 2, to allow a 221x22' garage to be built on a non -conforming lot (38.83' lot width) at 3456 Lee Ave. North, Lot 30, Block 7, Woodland Homes Addi- tion, as requested in application #78-28 of Harold Smith. The findings of fact are: it will be an improvement to neighbor- hood; no other possible way to build garage on the lot. Motion carried. 12. Bill Miller of Miller-Dunwiddie Architects, Inc., appeared regarding a building permit for an off-season storage building on the east side of the Crystal Airport. Moved by Commissioner Neubarth and seconded by Commissioner Nystrom to recommend to approve authorization to issue a building permit to Metropolitan Airport Commission for a storage building at the Crystal Airport, subject to standard procedure. Motion carried. 13. George Frisch, Attorney representing Paster Enterprises, appeared regarding application #78-33 for a conditional use permit for a physical culture and health studio at 111 Willow Bend in the Crystal Shopping Center. Moved by Commissioner Feyereisen and seconded by Commissioner Neubarth to set a public hearing before the Planning Commission for 7:30 p.m., September 11, 1978, to consider the request of Spa Petite for a conditional use permit for a physical culture and health studio (Section 515.37, Subd. 4f) at 111 Willow Bend, Crystal Shopping Center, Lot 1, Block 1, Crystal Shopping Center Addition. Motion carried. 1_4. Bob Stroot of Boisclair Corporation 'appeared- regarding building permits for seven 4 -unit and one 3 -unit dwellings to be built west of Nevada Ave. in the vicinity of Valley Place. Moved by Commissioner Feyereisen and seconded by Commissioner Ryan to recommend to approve authorization to issue building permits to Boisclair Corporation for seven 4 -unit dwellings on Lots 1, 2, 3, 4, 5, 7 & 8, Block 1, Morningside Estates 6th Addition, and one 3 -unit dwelling on Lot 6, Block 1, Morningside Estates 6th Addition, to be built west of Nevada Ave. in the vicinity of Valley Place, subject to standard procedure. Motion carried. August 14, 1978 - continued 1.5. Final approval of FEARING ADDITION was presented for con- sideration located at 62nd & Florida Ave. North. Applicant -- Marlene Fearing. Moved by Commissioner Nystrom and seconded by Commissioner Neubarth to recommend to grant final approval of FEARING ADDITION which is a replat of the North 196' of the West 132' of the East 659.90' of the NE4 of the NE4 of Section 5, Township 118, Range 21. Motion carried. 16. Michael R. Zegar appeared regarding application #78-34 for a variance for an addition to a house on a non -conforming lot at 4325 Adair Ave. North. Moved by Commissioner Neubarth and seconded by Commissioner Feyereisen that pursuant to Section 515.55 of the Crystal City Code to recommend to the Council to vary or modify the strict application of Section 515.05, Subd. 2, for an addition to the house on a non -conforming lot (57' lot width) at 4325 Adair Ave. North, Lot 8, Block 5, Robbinsdale Home Gardens 4th Addition, as requested in application #78-34 of Michael Zegar. The findings of fact are: improvement of property; small lot. Motion carried. 17. Steve Ryan of Midwest Planning appeared to discuss possible changes in the zoning ordinance that would permit the mixture of residential and commercial uses in the same structure. Discussion included consideration of the comprehensive plan, the objectives, the zoning districts and conditional uses. Further investigation was requested for consideration of addi- tional criteria that would require separate entrances for the residential uses, ,-.common driveways for for both:'occupanci;es, limitations on signs that would be permitted on the site, and the size of the residential units. Moved by Commissioner Nystrom and seconded by Commissioner Feyereisen to adjourn. Motion carried. Chairman Elsen Secretary Neubarth 228 SEPTEMBER 11, 1978 The regular meeting of the Crystal Planning Commission convened a 7:30 p.m. with the following members present: Bergman, Elsen, Feyereisen, Neubarth, Nystrom and Plasencia; the following were absent: Ellefson, Juday, Peters and Ryan; also present were plan- ning consultants Peterson and Sherburne. Moved by Commissioner Feyereisen and seconded by Commissioner Plasencia to approve the minutes of the August 14, 1978 meeting. Motion carried. F. It being 7:30 p.m., Chairman Elsen declared this was the time and the place as advertised for the public hearing to consider application #78-33 as submitted by Ri-Mell Corp., dba Spa Petite, for a conditional use permit to allow a physical culture and health studio at 111 Willow Bend, Crystal Shopping Center. George Frisch, Attorney representing Crystal Shopping Center Asso- ciates; Reed Banet of Paster Enterprises; and Bill Olson & Sandy Hoff, District Managers from Spa Petite, were present. Moved by Commissioner Plasencia and seconded by Commissioner Feyereisen to recommend to approve application #78-33 as sub- mitted by Ri-Mell Corp., dba Spa Petite, for a conditional use permit to allow a physical culture and health studio (Section 515.37, Subd. 4f) at 111 Willow Bend, Crystal Shopping Center, Lot 1, Block 1, Crystal Shopping Center Addition. The findings of fact are: compatible use; desirable addition to Shopping Center; there seems to be a need for such a facility. Motion carried. f°. The proposed plat of TIMESAVERS 4TH ADDITION was submitted for consideration of tentative approval located at 5270 Hanson Court. Applicant --Timesavers, Inc. Moved by Commissioner Nystrom and seconded by Commissioner Bergman to recommend to grant tentative approval of TIMESAVERS 4TH ADDITION which is a replat of Lots 3, 4 & 5, Block 1, Hanson's Addition; all of Block 4, except that part thereof described as follows: Commencing at the most Sly corner of said Block, thence NEly along the SEly line of said Block 257.4', thence NWly parallel with the NEly line of West Broadway to the North line of said Block 4, thence West to the NW corner of said block, thence South 301' to the,NEly line of said Highway, thence SEly 53.5' to the point of beginning in Hanson,Ip Addition; Lot 3, Block 1, Timesavers 2nd Addition; and.Lot 1, Block 1, Timesavers 3rd Addition. Motion carried. 3. The proposed plat of CHARLES CHRISTIAN ADDITION was submitted for consideration of final approval located at the southwest quadrant of 36th & Major Ave. North. Applicant --Charles Christian. am September 11, 1978 - continued Moved by Commissioner Feyereisen and seconded by Commissioner Nystrom to recommend to grant final approval of CHARLES CHRISTIAN ADDITION which is a replat of Lots 1, 2 & 3, Block 4, Woodland Homes Addition. Motion carried. 4. The proposed plat of J. D. LARSEN ADDITION was submitted for consideration of final approval located at 58th & Orchard Ave. North. Applicant --Jerome D. Larsen. Moved by Commissioner Feyereisen and seconded by Commissioner Plasencia to recommend to grant final approval of J. D. LARSEN ADDITION which is a replat of the South 363' of the E4 of the SE4 of the NE4 of Section 4, Township 118, Range 21, except streets, (Parcels 1415 & 1420). Motion carried. 5. The proposed plat of TWIN LAKE PARK 5TH ADDITION was submitted for consideration of final approval located at 57th & Regent Ave. North. Applicant --James Smith. Moved by Commissioner Nystrom and seconded by Commissioner Neubarth to recommend to grant final approval of TWIN LAKE PARK 5TH ADDITION which is a replat of Lot 5, Block 7, Twin Lake Park 2nd Addition. Motion carried. 6. The proposed plat of SCHULZ ADDITION was submitted for consideration of tentative approval located at the southeast quadrant of 36th & Noble Ave. North. Applicant --Gerald H. Dufour. Moved by Commissioner Neubarth and seconded by Commissioner Feyereisen to recommend to grant tentative approval of SCHULZ ADDITION which is a replat of Lots 29 & 30, except the East 40' thereof, Block 4, Woodland Homes. Motion carried. 7. James R. Wenthold of Neal A. Perlich Realty Inc. appeared regarding a building permit for remodeling & alterations and an addition to the existing building at 6023 42nd Ave. North. Mr. Wenthold explained their plans for a retail store for selling "day old" bakery goods and a distrubition center for fresh bakery goods for Catherine Clark's Brownberry Ovens. Discussion of the -plans revealed that the property would be used far the warehousing and distribution center.' for fresh bakery products. The retail operation for disposing of the "day old" product is a permitted use in the B-4 District, however, the warehouse and distribution aspects of the proposal would require anIihdustrial classification of zoning. Moved by Commissioner Bergman and seconded by Commissioner Nystrom to table for further study authorization to issue building permit #1023 to Catherine Clark's Brownberry Ovens to enable applicant and City staff to attempt to come to an agreement as to what could possibly be done to permit this type of operation. Motion carried. 3 September 11, 1978 - continued 8. Robert Kurki appeared regarding application #78-35 to permit an addition to the house, said house being non -conforming on the lot, at 3732 Adair Ave. North. Moved by Commissioner Feyereisen and seconded by Commissioner Bergman that pursuant to Section 515.55 of the Crystal City Code to recommend to the Council to vary or modify the strict appli- cation of Section 515.05, Subd. 2, and permit a 8'x10' addition to the house, said house being non -conforming because of encroach- ment into the required 40' rear yard setback at 3732 Adair Ave. North, Lot 4, Block 2, Stromberg Sunnyslopes lst Addition, as requested in application 078-35 of Robert Kurki. The findings of fact are: improvement of property; small extension; garage already extends back to this point where he is going to build addition; house never was conforming under our ordinances. Motion carried. 9. Robert Senden appeared regarding application #78-36 to permit an expansion of a non -conforming use and to vary the rear yard setback requirement to allow an addition to the house at 4601 Douglas Drive. Moved by Commissioner Bergman and seconded by Commissioner Neubarth that pursuant to Section 515.55 of the Crystal City Code to recommend to the Council to vary or modify the strict application of Section 515.05, Subd. 2, to expand a non -conforming use; said non -conformity being insufficient side street side yard setback (1.5'±); and Section 515.13, Subd. 4-a, to grant a variance of 20.5' in the rear yard setback to permit the addition of an attached garage and family room at 4601 Douglas Drive, Lot 4, Klatke's Addition, as requested in application #78-36 of Robert Senden. The findings of fact are: improvement to the property; there is an alley adjacent to it and will not create any hardship for neighbors; house is already non -conforming on lot; variance is only necessary because he is building an attached garage instead of a detached garage. Motion carried. 10. The next regular Planning Commission meeting falls on October 9th which is a legal holiday (Columbus Day). Moved by Commissioner Neubarth and seconded by Commissioner Feyereisen that the next regular Planning Commission meeting will be held at 7:30 p.m., Tuesday, October 10, 1978. Motion carried. 11. Bill Rambow of Minneapolis Auto Auction appeared regarding application #78-17 for a conditional use permit for a minor auto repair shop at 5410 Lakeland Ave. North. September 11, 1978 - continued Moved by Commissioner Neubarth and seconded by Commissioner Nystrom to set a public hearing before the Planning Commission for 7:30 p.m., October 10, 19780 to corns i der the request of D. William Murphy for a conditional use permit fo,r a millax auto repair shop (Section 515.35, Subd. 4-c) at 5410 Lakeland Ave. North, on that pert of Dot 6 lying Tg1y of a line com- mencing at a paint in the NWly Line of said lot, distance 200' SWly from the [ Ely corner thereof; thence Sly in a Straight lino to a point in the SEly line of said lot, distance 125' SWly from the SEly corner thereof, Block 5, Boulevard Acres. Motion carried. 12. Continuation of discussion -regarding proposed provisions governing combined residential and non-residential uses within one principal structure in a B-2 District. Moved by Commissioner Feyereisen and seconded by Commissioner Neubarth to amend the zoning code to permit as follows: B-2 ZONING -• CONDITIONAL USE d) Residential and non-residential uses within cin;- principal structure, provided that: 1) Non-residential uses shall be limited to prof+essiolial and commercial office and service (non -retail) activities as allowed within the B-2 District. 2) Development is compatible with existing and planned use of the area and conflicts are not created between non-residential and residential use and activities, both on and off the subject property. 3) Residential use be governed by all applicable standards of this Code, as it may be amended pertaining to multiple family dwellings. 4) The minimum lot size be 10,000 square feet. 5) Subject to Subsection 4 above, the lot requirements and setbacks outlined in Subsection 515.33 of this code, for the R-0 District, and the multiple family residential building requirements outlined in Subsection 515.15 of this Code are complied with. 6) Useable open space as defined by Subsection 515.03, Subd. 175, of this Code, be provided equivalent to a minimum of 1,000 square feet and an additional"300 square feet of each dwelling unit over two. No September 11, 1978 - continued 7) Adequate off-street parking and off-street loading is provided for each use in compliance with Sub- section 515.09 and 515.11 of this code, and no parking shall be permitted within the required front yard setback. 8) The development is adequately served by a designated collector or arterial street. 9) Exterior signing shall be as regulated by Section 406 of the Crystal City Code, as may be amended, and additionally subject to the following: a. Signing shall be limited to business and property identification only. b'A Signing shall be only either one wall sign or one freestanding sign. C. A freestanding sign shall be located no further than ten (10) feet from the principal structure and shall not exceed eight (8) feet in height. d. The sign size shall not exceed fifty (50) square feet. e. The sign shall not be illuminated. 10) Residential and non-residential uses shall not be contained on the same floor and no residential use shall be located on the first floor. 11) Residential and non-residential uses shall have separate entrances and exits. 12) Adequate screening from neighboring non-residential uses and landscaping is provided in accordance with Section 515.07, Subd. 9, of this Code. 13) The provisions of Subsection 515.53, Subd. 1-e, of this Code, are considered and satisfactorily met. Motion carried. Moved by Commissioner Bergman and seconded by Commissioner Plasencia to adjourn. Motion carried. Chairman Elsen* j Secretary Neubarth 233 . OCTOBER 10, 1978 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Bergman, Elsen, Feyer- eisen, Neubarth, Nystrom, Peters and Plasencia; the following were absent: Ellefson, Juday and Ryan; also present were planning con- sultants Peterson and Sherburne. Moved by Commissioner Nystrom and seconded by Commissioner Bergman to approve the minutes of the September 11, 1978 meeting. Motion carried. 1. It being 7:30 p.m., Chairman Elsen declared this was the time and the place as advertised for the public hearing to consider application #78-17 as submitted by D. William Murphy for a con- ditional use permit to allow a minot auto repair shop at 5410 Lakeland Ave. North. The following appeared: Bill Rambow, owner of the property; Lester Pixler, 5430 Lakeland Ave.; and Chuck Fitzer, 5516 Yates Ave. Moved by Commissioner Bergman and seconded by Commissioner Plasencia to recommend to approve application #78-17 as submitted by D. William Murphy for a conditional use permit to allow a minor auto repair shop (Section 515.35, Subd. 4-c) at 5410 Lakeland Ave. North, on that part of Lot 6 lying Wly of a line commencing at a point in the Nally line of said lot, distance 200' SWly from the NEly corner thereof; thence Sly in a straight line to a point in the SEly line of said lot, distance 125' Sally from the SEly corner thereof, Block 5, Boulevard Acres. The findings of fact are: the zoning is proper right now; provision is made for potential street access along the easterly side of the property; and can see no adverse traffic effect. Motion carried. 2. W. Jurkens of Octopus Car Wash appeared regarding application #78-37 for a variance to allow a driveway opening nearer than 50' to the street intersection and to permit commercial driveways less than 40' apart at 5301 Douglas Drive. Discussion was held concerning the stacking of cars on the street, the turning move- ments, the traffic conflicts and the general congestion of the area with limited sight distances, and high traffic volumes. It appeared that the general public as well as patrons could be better served to provide access to the site on Edgewood Ave. which would provide increased stacking space on the site, reduce congestion, and eliminate the standing and stopping problem that would occur at Douglas Drive. Moved by Commissioner Bergman and seconded by Commissioner Nystrom to recommend to table application #78-37 of Octopus Car Wash for a variance of 30' in the required setback from the street inter- section (Section 515.09, Subd. 4h-4) and a variance of 40' in the distance required between driveways (Section 515.09, Subd. 4h-8) October 10, 1978 - continued on 53rd Ave. at Douglas Drive, Lot 2, Said tabling may be recalled if after month trial of an entrance on Edgewood Block 1, Whinnery Terrace. approximately an eight Ave. has been made. Motion carried. 3. Michael Holt of Superamerica appeared regarding a building permit for a motor fuel station and retail store at the northeast corner of 36th & Winnetka Ave. Moved by Commissioner Neubarth and seconded by Commissioner Peters to recommend to approve authorization to issue building permit to Superamerica for a motor fuel station and retail store at the northeast corner of 36th & Winnetka Ave., Lot 1, Block 1, Winnetka Village, subject to standard procedure. Motion carried. 4. Darrell B. Pearson appeared regarding 'a building permit for a hangar at the Crystal Airport. Moved by Commissioner Feyereisen and seconded by Commissioner Bergman to recommend to approve authorization to issue building permit #1112 to Darrel B. Pearson to build a 25'x52' hangar on leased Lot 60B, Crystal Airport, subject to standard procedure. Motion carried. 5. Lloyd J. Gramling of the Knights of Columbus appeared regarding a building permit for an addition to the existing building at 4947 West Broadway 2 7. Moved by Commissioner Nystrom and seconded by Commissioner Bergman to recommend to approve authorization to issue building permit #1114 to the Knights of Columbus for a 38'8"x21'8" addition to the existing building at 4947 West Broadway, subject to standard procedure. Motion carried. Don Hanson appeared regarding a building permit for an addition to the existing Thriftway Store at 5715 West Broadway. Moved by Commissioner Peters and seconded by Commissioner Feyereisen to recommend to approve authorization to issue building permit #1117 to Stan Morgan & Associates for a 23'x10' addition to the existing store at 5715 West Broadway, Lot 1, Block 1, Salsberg 3rd Addition, subject to standard procedure. Motion carried. Joseph Schmidt appeared regarding final approval of AUDREY ADDITION located at 34th & Yates Ave. Moved by Commissioner Feyereisen and seconded by Commissioner Bergman to recommend to grant final approval of AUDREY ADDITION which is a replat of that part of Lot 1 lying East of the West 350' thereof; and that part of Lot 2 lying East of the West 350' thereof; all in Sunnybrook Acres; also Lot 6, Block 5, Rosedale Acres. Motion carried. Q `) ( I October 10, 1978 - continued €3. Richard Schreiber appeared regarding application #78-36 for a variance to build a detached garage on a non -conforming lot (40' lot width) at 3441 Major Ave. North. Moved by Commissioner Feyereisen and seconded by Commissioner Plasencia that pursuant to Section 515.55 of the Crystal City Code to recommend to the Council to vary or modify the strict application of Section 515.05, Subd. 2, to allow a 22'x22' detached garage to be built on a non -conforming lot at 3441 Major Ave. North, Lot 5, Block 5, Woodland Homes Addition. The findings of fact are: improvement to the property; only place a garage can be put on a 40' lot. Motion carried. 9. The proposed plat of.SCHULZ. ADDITION was submitted for final approval located at Noble & 36th Ave. North. Applicant -- Gerald Dufour. Moved by Commissioner Neubarth and seconded by Commissioner Peters to recommend to grant final approval of SCHULZ ADDITION which is a replat of Lots 29 & 30, except the East 40' thereof, Block 4, Woodland Homes Addition. Motion carried. 10. The Planning Commission reviewed a proposed ordinance amending the zoning code to allow alternative uses for closed schools which was referred to them by action of the City Council at their meeting of October 3, 1978. Moved by Commissioner Plasencia and seconded by Commissioner Bergman to recommend to the City Council that the provision "state licensed residential facilities . . . " be changed to read "state licensed day care facilities . . ."; further, that it is the understanding of the Planning Commission that the added uses to be permitted under this conditional use are to be in governmentally owned buildings; and further, that the punctuation be clarified to reflect that intent. Motion carried. 11.. Building permit for remodeling & alterations for an addition to the existing building at 6023 42nd Ave. North for Catherine Clark's Brownberry Ovens which was tabled at the September Planning Commission meeting. No one appeared. Moved by Commissioner Nystrom and seconded by Commissioner Peters to recommend to deny authorization to issue building permit #1023 to Catherine Clark's Brownberry Ovens for remodeling and a 50'x39' 236 October 10, 1978 - continued addition to the existing building at 6023 42nd Ave. North, Lot 1, Block 1, Bouchard's Addition. The findings of fact are: the proposed use is not permitted in the zoning district. Motion carried. Moved by Commissioner Plasencia and seconded by Commissioner Bergman to adjourn. &tary/2N2:5t�barth Motion carried. �u Chairman Elsen ,R 7 NOVEMBER 13, 1978 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Bergman, Elsen, Juday, Neubarth, Nystrom, Peters and Plasencia; the following were absent: Ellefson, Feyereisen and Ryan; also present were planning consultants Peterson and Sherburne. Moved by Commissioner Peters and seconded by Commissioner Bergman to approve the minutes of the October 10, 1978 meeting. Motion carried. 1. Modern Trailer Sales & Service regarding a building permit for an aircraft storage -hangar at the Crystal Airport. Moved by Commissioner Bergman and seconded by Commissioner Juday to recommend to approve authorization to issue building permit #1177 to Lyman Lumber Co. for a 48'x52' aircraft storage - hangar on leased Lot 54-B located in the east building area of the Crystal Airport, for Modern Trailer Sales & Service, Inc., subject to standard procedure. Motion carried. 2. The Planning Commission reviewed a proposed ordinance amending the zoning code regarding variances on non -conforming lots which was referred to them by action of the City Council at their October 17, 1978 meeting. Moved by Commissioner Juday and seconded by Commissioner Neubarth that the existing ordinance regarding non -conforming uses and the expansion of non -conforming uses remain unchanged for the following reasons:::: 1) The proposed ordinance appears to have been done so hastily that more problems may be created than eliminated. 2) A change from the existing destroys the intent to work towards conformity and contradicts one of the long range objectives in zoning. 3) A blanket variance will have the tendency to weaken the existing provisions of the zoning ordinance. 4) City wide application of eliminating the variance procedure to enlarge a non -conforming use may prove to be detrimental to many areas of the City. 5) The proposed ordinance does not define any particular non -conforming use. 6) The Planning Commission is aware of only one strong objection to the procedure currently being followed: November 13, 1978 - continued 7) The proposed ordinance revision does not really speed up the proceedings appreciably. 8) Basically to create and administer the intricacies of a change would appear to be a greater difficulty than the current procedure. Motion carried. Moved by Commissioner Juday and seconded by Commissioner Bergman to adjourn. Motion carried. Chairman Elsen Secretary Neubarth DECEMBER 11, 1978 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Bergman, Elsen, Feyereisen, Juday, Neubarth, Nystrom, Peters and Plasencia; the following were absent: Ellefson and Ryan; also present were plan- ning consultants Peterson and Sherburne. Moved by Commissioner Bergman and seconded by Commissioner Juday to approve the minutes of the November 13, 1978 meeting with the following exceptions: amend the recommendations to the City Council on Item #2 to include: in those cases where the lot is substandard and that is the only reason for the variance that they possibly waive the public hearing to shorten the procedure for a person getting a variance and possibly waive the fee. Motion carried. 1. Twila Donley of Fantasia Salon of Beauty appeared regarding application #78-39 for rezoning Lot 1, Block 1, Lamplighter Square 5th Addition, located at 29th & Douglas Drive, from B-3 District (auto -oriented commercial) to B-2 District (limited commercial). Moved by Commissioner Neubarth and seconded by Commissioner Nystrom to set a public hearing before the Planning Commission for 7:30 p.m., January 8, 1979, or as soon thereafter as the matter may be heard, to consider the request of Twila Donley of Fantasia Salon of Beauty in application #78-39 to rezone Lot 1, Block 1, Lamplighter Square 5th Addition, located at 29th & Douglas Drive, from B-3 District (auto oriented commercial) to B-2 District (limited commercial). Motion carried. 2. Robert L. Baldwin of Baldwin Realty Co. and Charles Novak, Architect, appeared regarding elderly housing and low and moderate income family housing he is proposing to build on that part of Lot 35, Auditor's Subdivision #328 lying East of the West line of Section 4, Township 118, Range 21, located at 5442 Douglas Drive. In order to accomplish his goals, he is requesting rezoning from I-2 District (heavy industrial) to R -O District (residential -office), together with a conditional use permit to allow elderly housing (Section 515.27, Subd. 4-c) and a conditional use permit to allow a building over 3 stories in height (Section 515.15, Subd. 4-b). Mr. Baldwin explained his plans to build a 6 -story building with 89 units for elderly housing and two 3 -story apartment buildings of 70 units for low and moderate income housing. There was discussion regarding: density variances; need for senior citizen housing in Crystal; number of units allowed by City Code; probable number of children in low and moderate income housing; locating low and moderate income housing in heavy traffic industrial area; high speed roads; busing; December 11, 1978 - continued Becker Park facilities; distance to shopping; spot zoning; parking variances; financing; desirability and need for elderly housing on same tract with low and moderate income housing. E. V. Goldsmith, 3225 Louisiana Ave., and Mrs. Wayne Degendorfer, 6309 Brentwood Ave., appeared and spoke regarding the proposal. Moved by Commissioner Plasencia and seconded by Commissioner Juday to table for further study, at the request of Robert L. Baldwin, application #78-40 to rezone that part of Lot 35, Auditor's Subdivision #328 lying East of the West line of Section 4, Township 118, Range 21, located at 5442 Douglas Drive, from I-2 District (heavy industrial) to R -O District (residential -office); application #78-41 for a conditional use permit to allow construction of an elderly housing structure in the R -O District; and application #78-42 to allow construction of a 6 -story building; for the purpose of reworking the site plan with respect to density, parking, etc. Motion carried. 3. Reappointment of Planning Commission members to the Long Range Planning Commission. Moved by Commissioner Juday and seconded by Commissioner Peters to recommend to the Council to reappoint Herman Elsen, Gordon Bergman and Robert Ellefson to the Long Range Planning Commission. Motion carried. Moved by Commissioner Feyereisen and seconded by Commissioner Juday to adjourn. Chairman Elsen l Secretary Neubarth