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1979 PC Meeting MinutesO ,A a JANUARY 8, 1979 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Bergman, Elsen, Feyereisen, Neubarth, Nystrom, Peters, Plasencia and Ryan; the following were absent: Juday; also present was planning consultant Peterson. Moved by Commissioner Nystrom and seconded by Commissioner Bergman to approve the minutes of the December 11, 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 consider application #78-39 as submitted by Twila Donley of Fantasia Salon of Beauty to rezone from B-3 District (auto -oriented commercial) to B-2 District (limited commercial) property located at 29th & Douglas Drive, Lot 1, Block 1, Lamplighter Square 5th Addition. Twila Donley and Seneca Seaman, Architect, appeared and explained their plans to remodel the existing building and add an addition to be used as a beauty salon and rent out office space. Moved by Commissioner Neubarth and seconded by Commissioner Peters to recommend to approve application #78-39 as submitted by Twila Donley of Fantasia Salon of Beauty to rezone from B-3 District (auto -oriented commercial) to B-2 District (limited commercial) property located at 29th & Douglas Drive, Lot 1, Block 1, Lamplighter ,quare 5th Addition. The findings of fact are: rezoning is compatible to the rest of the neighborhood. Motion carried. 2. Robert L. Baldwin of Baldwin Realty Co. 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 5440 Douglas Drive. Mr. Baldwin presented revised plans for three 3 -story buildings of 114 units (44 units for elderly housing and 70 units for i€w and moderate income housing). Moved by Commissioner Peters and seconded by Commissioner Feyereisen to set a public hearing before the Planning Commission for February 12, 1979, at 7:30 p.m., or as soon thereafter as the matter may.be heard, to consider the following requests of Robert L. Baldwin of Baldwin Realty Co.: 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 5440 Douglas Drive, from I-2 District (heavy industrial) to R-0 District (residential -office). January 8, 1979 - continued Application #78-41 for a conditional use permit to allow construction of an elderly housing structure in the R -O District (Section 515.27, Subd. 4-c). (Application #78-42 to allow construction of a 6 -story building is not required as the revised plans are for a 3 -story building) Motion carried. 3. The proposed plat of TWIN LAKE NORTH 2ND ADDITION was submitted for final approvallocated at 4710 58th Ave. North. Applicant -- Twin Lake North Co. Moved by Commissioner Neubarth and seconded by Commissioner Nystrom to recommend to grant final approval of TWIN LAKE NORTH 2ND ADDITION which is a replat of Parcels 1200 & 2500, Section 4, Township 118, Range 21. Motion carried. 4. Application 478-43 of Zygmunt Niwinski was submitted for rezoning Lots 1, 2 & 3, Block 1, Craig Nelson Estates, located at 29th & Douglas Drive, from R-1 District (single family residential) to R-3 District (medium density residential). No one appeared. Moved by Commissioner Feyereisen and seconded by Commissioner Peters to set a public hearing before the Planning Commission for February 12, 1979, at 7:30 p.m., or as soon thereafter as the matter may be heard, to consider the request of Zygmunt Niwinski in application 478-43 to rezone Lots 1, 2 & 3, Block 1, Craig Nelson Estates, from R-1 District (single family residential) to R-3 District (medium density residential). Motion carried. 5. 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, 1979. Moved by Commissioner Bergman and seconded by Commissioner Nystrom to nominate the existing slate of officers for the year ending December 31, 1979. Moved by Commissioner Nystrom and seconded by Commissioner Bergman that nominations be closed and that the Secretary be instructed to cast a unanimous ballot for the existing slate cir officers for another term of one year - Elsen, Chairman; Peters, Vice -Chairman; and Neubarth, Secretary. Motion carried. January 8, 1979 - continued 6. Chairman Elsen asked if any Planning Commission member would be interested in replacing Mr. Ellefson on the Long Range Planning Commission. Nobody volunteered. 7.. Copies of a preliminary draft of a Policy Plan for the City of Crystal and a Comprehensive Plan Update -Planning Inventory were distributed to the Planning Commission members to be reviewed for comments and recommendations at the February meeting. Moved by Commissioner Bergman and seconded by Commissioner Plasencia to adjourn. Motion carried. Chairman V18 en 6 Secretar Neubarth y 244 FEBRUARY 12, 1979 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Elsen, Feyereisen, Juday, Neubarth, Nystrom, Peters, Plasencia and Ryan; the following were absent: Bergman; also present were planning consultants Peterson and Sherburne. Moved by Commissioner Feyereisen and seconded by Commissioner Peters to approve the minutes of the January 8, 1979 meeting. Motion carried. 1. Chairman Elsen declared this was the time and the place as advertised for the public hearing to consider applications 478-40 & #78-41 as submitted by Robert L. Baldwin of Baldwin Realty Co. to rezone from I-2 District (heavy industrial) to R-0 District (residential -office) and a conditional use permit to allow construction of an elderly housing structure in the R-0 District (Section 515.27, Subd. 4-c) at 5440 Douglas Drive. Mr. Baldwin presented the project and explained its impact with respect to schools, public transportation, shopping, traffic, variances, maintenance, rental rates, types of occupancy, handicap units, etc. The following persons identified themselves and were heard: Stanley Zieska, 5518 Douglas Drive Mrs. Wayne Degendorfer, 6309 Brentwood Ave. Alfred Morin, Crystal Human Relations, 4708 Florida Ave. Larry Wainio, 5607 Perry Ave. Loel Bertrand, Chairman, Crystal HRA Martha Greenwald, Midwest Planning E. V. Goldsmith, 3225 Louisiana Ave. Moved by Commissioner Feyereisen and seconded by Commissioner Ryan to recommend to approve applications #78-40 & #78-41 as submitted by Robert L. Baldwin of Baldwin Realty Co. to rezone from I-2 District (heavy industrial) to R-0 District (residential - office) and a conditional use permit to allow construction of an elderly housing structure in the R-0 District on that part of Lot 35, Auditor's Subdivision #328 lying East of the West line of Section 4, Township 118, Range 21, 5440 Douglas Drive. The findings of fact are: it is desirable that we have elderly housing in this community; admittedly this is not the best area for a family housing project but there is no other place in the City that would tolerate this type of project, and perhaps this is making the best of what we've got. By roll call and voting aye: Feyereisen and Ryan; voting no: Elsen, Juday, Neubarth, Nystrom, Peters and Plasencia. Motion lost 2 to 6. February 12, 1979 - continued Moved by Commissioner Juday and seconded by Commissioner Neubarth to recommend to deny applications #78-40 & #78-41 as submitted by Robert L. Baldwin of Baldwin Realty Co. to rezone from I-2 District (heavy industrial) to R-0 District (residential -office) and a conditional use permit to allow construction of an elderly housing structure in the R-0 District on that part of Lot 35, Auditor's Subdivision #328 lying East of the West line of Section 4, Township 118, Range 21, 5440 Douglas Drive. The findings of fact are: that a previous referendum indicated that the citizens are not in favor of concentrated low and moderate income housing; the 40-60 ratio of elderly housing to low and moderate income family housing is an inconsistent government policy and that the modern approach to low and moderate income family housing is the scattered site develop- ment. By roll call and voting aye: Elsen, Juday, Neubarth,.Nystrom, Peters and Plasencia; voting no: Feyereisen and Ryan. Motion carried 6 to 2. 2. Chairman Elsen declared this was the time and the place as advertised for the public hearing to consider application #78-43 as submitted by Zygmunt Niwinski to rezone from R-1 District (single family residential) to R-3 District (medium density residential) Lots 1, 2 & 3, Block 1, Craig Nelson Estates, 29th & Douglas Drive. Mr. Niwinski presented plans for two four -unit buildings on the proposed site. The following persons identified themselves and were heard: Steven Litt, 2916 Edgewood Ave. Bruce Bowman, 2937 Douglas Drive Jim Gratias, 2917 Edgewood Ave. Maurice Foy, 2938 Edgewood Ave. Moved by Commissioner Juday and seconded by Commissioner Feyereisen to recommend to deny application #78-43 as submitted by Zygmunt Niwinski to rezone from R-1 District (single family residential) to R-3 District (medium density residential), Lots 1, 2 & 3, Block 1, Craig Nelson Estates, 29th & Douglas Drive. The findings of fact are: people in the neighborhood don't want this type of development; they bought their homes when the zoning was R-1 and they want it to remain R-1. By roll call and voting aye: Elsen, Feyereisen, Juday, Nystrom, Peters, Plasencia and Ryan; voting no: Neubarth. Motion carried 7 to i. February 12, 1979 - continued 3. The proposed plat of RED LOBSTER SUBDIVISION was submitted for tentative approval located at northeast corner of Jersey Ave. & Bass Lake Road. Applicant --Red Lobster Inns of America. Moved by Commissioner Nystrom and seconded by Commissioner Peters to recommend to grant tentative approval of RED LOBSTER SUBDIVISION which is a replat of Lot 2, Block 1, Design Associates Addition, and Lot 3, Block 1, General Mills Crystal Addition except that part of said Lot 3 which lies SWly of a line drawn from a point on the West line of said Lot 3 distant 10 ft. Nally of the SW corner thereof, to a point on South line of said Lot 3 distant 10 ft. Ely of said SW corner thereof; and further, the name of the plat be changed to RED LOBSTER ADDITION. Commissioner Juday abstained from voting. Motion carried. 4. Michael Dingley appeared regarding application #79-1 requesting a variance to allow an air conditioner condenser to be located inside yard of dwelling at 4711 Lakeland Ave. North. 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 515.07, Subd. 5-d, to allow an air condi- tioner condenser to be located in side yard of dwelling at 4711 Lakeland Ave. North, Lot 4, Auditor's Subdivision #359, _f requested in application #79-1 of Michael Dingley. Motion carried. 5. Timothy Merwin appeared regarding variance applications #79-2, #79-3 & 479-4 in the rear and side yard setbacks and enlarging a nonconforming use with an addition to the existing house at 3853 Edgewood Ave. North. The existing nonconforming use is the setback on 39th Ave.; should be 25.4' rather than 20.9'. Moved by Commissioner Peters 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 515.13, Subd. 3-a)2)iii) and grant a variance of 5.6' in the required 26.5' side yard setback along 39th Ave.; Section 515.13, Subd. 4-a and grant a variance of 1.2' in the required 40' rear yard setback; and Section 515.05, Subd. 2, to enlarge a nonconforming use with an addition to the house at 3853 Edgewood Ave. North, Lot 1, Block 2, Gaulke's 5th Addition, as requested in applications #79-2, #79-3 & #79-4 of Timothy & Sharon Merwin. The findings of fact are: there seems to be 110 conflict with neighborhood esthetics. Motion carried. February 12, 1979 - continued 6. John D. MacBean appeared regarding variance application #79-5 to enlarge a nonconforming use by an addition to the existing house at 8517 32nd Place North. The existing non -conforming use is caused by encroachment into the 40' rear yard setback. 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 enlarge a nonconforming use with an addition to the house at 8517 32nd Place North, Lot 1, Block 4, Winnetka Park 2nd Addition, as requested in application #79-5 of John D. MacBean. The findings of fact are: this is a corner lot and the addition will not compound the nonconformity. Motion carried. 7. The Planning Co=issicn endorsed the recommendations in the proposed updated Policy Plan as subTRitted by Midwest Planning. The Planning commission discussed the Preliminary Draft of the Comprehensive Plan. Martha Greenwald of Midwest Planning was present and explained the purposes and pr nciplcs of the update and answered questions regarding the Policy Plan. Moved by Commissioner Peters and seconded by Commissioner Neubarth to recommend to the Council to adopt the updated Policy Plan. Motion carried. 8. The Chairman called for a member to volunteer to serve on thy_, Long Range Planning Commission. There were no volunteers and the vacancy will remain unfilled. 9. A copy of the ordinance limiting the terms of office of commission members was presented to the Planning Commission. Moved by Commissioner Juday anl seconded by Commissioner Ryan to adjourn. Motion carried. (_ -) '/ 6) Chairman/ lsen f Secretary t6ubarth 247 I MARCH 12, 1979 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Elsen, Neubarth, Nystrom, Peters and Plasencia; the following were absent: Bergman, Feyereisen, Juday and Ryan; also present were planning consultants Peterson and Sherburne. Moved by Commissioner Peters and seconded by Commissioner Plasencia to approve the minutes of the February 12, 1979 meeting. Motion carried. 1. Richard H. Edwards appeared regarding Variance Application #79-6 in which he is requesting a variance in the required number of offstreet parking spaces at 5600 Bass Lake Road because he wants to convert 2100 sq. ft. of office space to retail use. There are 31 stalls, and with the conversion of 2100 sq. ft., 34 stalls are required. Moved by Commissioner Plasencia 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 515.09, Subd. 8-t, to grant a variance of 3 offstreet parking spaces at 5600 Bass Lake Road, Lot 2, Block 1, Les Brown Addition, as requested in Variance Application #79-6 of Richard H. Edwards. The findings of fact are: there is land available for additional parking if needed, and since there is no parking permitted on the adjacent street, it would behoove the owrier to develop the additional space if such demand arose. Motion carried. 2. Jerome D. Larsen appeared regarding Rezoning Application #79-7 for rezoning Lot 1, Block 1, J. D. Larsen Addition, 4700 58th Ave. North, from R-1 District (single family residential) to B-4 District (community commercial). Mr. Larsen indicated he was requesting the rezoning because he would like to put up a larger sign than is allowed in a R-1 District and that he was concerned about being able to continue using the nursery as a nonconforming use. After discussion regarding the City's Zoning Code in regard to nonconforming uses, Mr. Larsen withdrew his request. 1. George Frisch and Reed Banet appeared regarding a building permit for a 100'xl20' addition and remodeling the existing building (Warner Hardware) at 141 Willow Bend, Crystal Shopping Center. Moved by Commissioner Neubarth and seconded by Commissioner Nystrom to recommend to approve authorization to issue building permit #1318 to Advanced Construction Co. for a 100'x120' addition and remodeling the existing building at 141 Willow Bend, Lot 1, Block 1, Crystal Shopping Center Addition, subject to standard procedure. Motion carried. MARCH 12, 1979 - continued Moved by Commissioner Peters and seconded--by--Commissioner Plasencia to adjourn. Motion carried. ChairYm sen SecretaYry Neubarth ��3 APRIL 9, 1979 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, Ryan and Schmidt; also present were planning consultants Peterson and Sherburne. Moved by Commissioner Nystrom and seconded by Commissioner Peters to approve the minutes of the March 12, 1979 meeting. Motion carried. 1. Elmer R. Hokkanen appeared regarding a building permit -For a pet hospital at 3443 Vera Cruz Ave. North. Moved by Commissioner Peters and seconded by Commissioner Plasencia to recommend to approve authorization to issue building permit #1349 to Elmer R. Hokkanen for a 51'6"x80'0" pet hospital at 3443 Vera Cruz Ave. North, Lot 2, Block 1, Griffin Addition, subject to standard procedure. Motion carried. 2. Don Brandvold appeared regarding Variance Application #79-9 to allow a fence to be erected to exceed 8 ft. in height for a tennis court at 4808 Quail Ave. North. Moved by Commissioner Neubarth 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 application of Section 515.07, Subd. 8-a, to grant a variance of 2 ft. to allow a 10 ft. high chain link fence to be built for a tennis court, provided that none of the tennis court fencing would have slats or other sight or wind screening devices or methods applied to the fencing, on Tract C, Regis- tered Land Survey #438, 4808 Quail Ave. North, as requested in application #79-9 of Helen Brandvold. 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. 3. Twila Donley appeared regarding a building permit for remodeling the existing building and an addition to the building at 2756 Douglas Drive. Moved by Commissioner Bergman and seconded by Commissioner Juday to recommend to approve authorization to issue building permit #1364 for remodeling the existing building and a 123'0"x61'4" addition to the building at 2756 Douglas Drive, Lot 1, Block 1, Lamplighter Square 5th Addition, subject to standard procedure. Motion carried. April 9, 1979 - continued 4. Jan K. Boldenow appeared regarding Variance Application #79-10 to allow a brick chimney to be constructed within the 5 ft. sideyard setback at 8018 33rd Place North. Discussion of the request elicited comments regarding the aesthetic appearance; code changes to allow fireplaces in the sideyard setback; determination of hardship; perhaps a greater incidence of fireplace requests because of the alleged petroleum situation; probably the City Planner should review; the door would be open for granting other variances; we should not start allowing building in sideyards and setbacks; it is not a good policy; building in the setback is not up- grading of property; fireplaces are difficult to construct in the interior of a dwelling; we don't think the Planning Commission should be the sole judge; we wonder if the Council would establish a hard and fast line on setbacks; there has been a previous variance approved; fire insurance ratings; fire breaks; encroachments; open space; sight; if the Council would not give direction then a judgment would have to be on a one by one basis. Moved by Commissioner Peters and seconded by Commissioner Juday to table the request and request the City Council to provide some overview and direction concerning variance requests for energy involved projects of this type inasmuch as it is deemed that there will be an increase in requests of this nature and the side yard seems to be the most fre- quently sought location. By roll call and voting aye: Bergman, Elsen, Feyereisen, Juday, Neubarth, Nystrom, Peters, Plasencia; voting no: Ryan and Schmidt. Motion carried 8 to 3. Moved by Commissioner Peters and seconded by Commissioner Feyereisen to adjourn. Motion carried. Chair n Elsen ecretary Neubarth MAY 14, 1979 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Elsen, Feyereisen, Neubarth, Nystrom, Peters, Plasencia, Ryan and Schmidt; the follow- ing were absent: Bergman and Juday; also present were planning consultants Peterson and Sherburne. Moved by Commissioner Peters and seconded by Commissioner Feyereisen to approve the minutes of the April 9, 1979 meeting. Motion carried. 1. D. Edward Ames of Orr-Schelen-Mayeron & Associates, Inc. appeared regarding final approval of FATHER WILLIAM BLUM ADDITION, located on West Broadway north of Fairview Ave. Moved by Commissioner Neubarth and seconded by Commissioner Plasencia to recommend to grant final approval of FATHER WILLIAM BLUM ADDITION which is a platting of the SE4 of the NW4 of Section 9, Township 118, Range 21, described as follows: Beginning at the SW corner of said SE4 of the NW4; thence north along the west line of said SE4 of the NW4 a distance of 440.00'; thence east parallel with the south line of said SE4 of the NW4, a distance of 155.40'; thence north, parallel with the west line of said SE4 of the NW4, a distance of 5.00'; thence east parallel with said south line, to the Wly line of West Broadway, also known as County Road 8; thence SEly along said Wly line to the south line of said SE4 of the NW4; thence Wly along said south line 602.10' to the point of beginning. Motion carried. 2. Application for a building permit for a hangar on Leased Lot 82B at the Crystal Airport was submitted for consideration. Moved by Commissioner Nystrom and seconded by Commissioner Neubarth to recommend to approve authorization to issue building permit #1468 to Cyril Silberman for a 54'x40' hangar on Leased Lot 82B, Crystal Airport, subject to standard procedure. Commissioner Feyereisen abstained from voting. Motion carried. 3. Jan K. Boldenow appeared regarding Variance Application #79-10 to allow a brick chimney to be constructed within the 5 ft. side yard setback at 8018 33rd Place North. This item was tabled at the April 9th meeting for some direction from the Council regarding variances in side yards. No change in the ordinance was considered by the City Council. May 14, 1979 - continued Moved by Commissioner Schmidt 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. 3-a, to allow a brick chimney to be constructed approximately 22 inches into the required 5 ft. side yard setback at 8018 33rd Place North, Lot 16, Block 4, Winnetka Park Third Addition. The findings of fact are: improvement to the property; no other practical way it can be put in; it is an energy saver. By roll call and voting aye: Elsen, Neubarth, Peters, Ryan and Schmidt; voting no: Feyereisen, Nystrom and Plasencia. Motion carried 5 to 3. 4. John A. McGuire appeared regarding Rezoning Application 79-8 for rezoning that part of Lot 1, Block 2, Wagner's Garden Tracts lying West of the East 135.06 ft. thereof, except street, at 4552 Colorado Ave. North, from R-1 District (single family residential) to B-3 District (auto -oriented commercial). Mr. McGuire is requesting the change of zoning to allow erecting a building to house his truck -tractor. Moved by Commissioner Feyereisen and seconded by Commissioner Peters to set a public hearing before the Planning Commission for June 11, 1979, at 7:30 p.m., or as soon thereafter as the matter may be heard, to consider the request of John A. McGuire to rezone that part of Lot 1, Block 2, Wagners Garden Tracts lying West of the East 135.06 ft. thereof, except street, 4552 Colorado Ave. North, from R-1 District (single family residential) to B-3 District (auto -oriented commercial). Motion carried. 5. John Vanable, Architect, and Patrick B. Chamberlain appeared regarding Rezoning Application #79-11 for rezoning Lot 7, Block 1, Gardendale Acres, 3517 Douglas Drive, from R-3 District (medium density residential) to B-2 District (limited commercial). The applicant is requesting the rezoning for a proposed professional office building. Moved by Commissioner Peters and seconded by Commissioner Nystrom to set a public hearing before the Planning Commission for June 11, 1979, at 7:30 p.m., or as soon thereafter as the matter may be heard, to consider the request of E.L.V. Development J.V., Inc.. to rezone Lot 7, Block 1, Gardendale Acres, from R-3 District (medium density residential) to B-2 District (limited commercial). Commissioner Feyereisen abstained from voting. Motion carried. 6. Edward Dooley & Richard Dooley appeared regarding Application 079-12 to waive the requirements of platting and approve the division and conveyance of property at 4217 Adair Ave. North. May 14, 1979 - continued Moved by Commissioner Plasencia 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 505.09, Subd. 2, to approve the division and conveyance of the following described property: That part of Lot 39, Glenwood Manor, lying West of the East 127.50' and East of a line parallel to and 96.6' East of the East line of Brunswick Ave., except the Sly 10' thereof for street; also the North 75' of the West 97.50' of the East 127.50' of said Lot 39 - into: Parcel A - The North 75' of the West 97.5' of the East 127.5' of Lot 39, Glenwood Manor; and Parcel B - That part of Lot 39, Glenwood Manor, lying West of the East 127.5' thereof, and East of a line parallel to and 96.6' East of the East line of Brunswick Ave., except the Sly 10' for street purposes. Motion carried. 7. Bruce C. Miller appeared regarding Variance Application #79-13 to expand a nonconforming use because of a 6' encroachment into the required 40' rear yard setback and to construct a 12'x24' addition on the rear of the building which will extend 13.5' into the required 40' rear yard setback located at 6805 52nd Ave. N. Moved by Commissioner Peters 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 the expansion of a nonconforming use, and Section 515.13, Subd. 4-a, to grant a variance of 13.5' in the required 40' rear yard setback for the construction of a 12'x24' addition to the rear of the house located at 6805 52nd Ave. North (part of Lots 14 & 15, Block 2, Murray Lane 7th Addition), as requested in application #79-13 of Bruce C. Miller. The findings of fact are: within the 40' setback; the lot is different than any others around it; there is no other way to expand; there is no damage or any other problem to other properties created by this addition. By roll call and voting aye: Elsen, Neubarth, Nystrom, Peters, Plasencia, Ryan and Schmidt; voting no: Feyereisen. Motion carried 7 to 1. 8. Daniel J. Hillan appeared regarding Variance Application #79-14 to expand a nonconforming use because of a 19.55' encroachment into the required 30' corner lot side yard setback located at 2959 Idaho Ave. North. Moved by Commissioner Feyereisen and seconded by Commissioner Nystrom that pursuant to Section 515.55 of the Crystal City Code r<�ay 14, 1979 - continued to recommend to the Council to vary or modify the strict application of Section 515.05, Subd. 2, to expand a non- conforming use to allow a 12'x15' addition to the rear of the house at 2959 Idaho Ave. North (Lot 1, Block 4, Edgewood Hills 2nd Addition), as requested in application 479-14 of Daniel J. Hillan. The findings of fact are: harmless expansion of a non- conforming use. Motion carried. 9. Lawrence W. Johnson appeared regarding Variance Applications #79-15 & #79-16 to expand a nonconforming use because of a 9.3' encroachment into the 30' required corner lot side yard setback and to allow an expansion to the rear of the existing garage which will extend 3.9' into the required 40' rear yard setback at 2701 Kentucky Ave. North. Moved by Commissioner Schmidt 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 appli- cation of Section 515.05, Subd. 2, to allow the expansion of a nonconforming use because of a 9.3' encroachment into the 30' required corner lot side yard setback; and Section 515.13, Subd. 4-a, to grant a variance of 3.9' in the required 40' rear yard setback to permit a 20'x22' addition to the garage at 2701 Kentucky Ave. North (Lot 2, Block 1, Lane's Addition) as requested in applications #79-15 & #79-16 of Lawrence W. Johnson. Motion carried. 10. Al Schrader appeared regarding Variance Application #79-17 to allow one additional driveway entrance at 5501 Lakeland Ave. North. Moved by Commissioner Neubarth 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 515.09, Subd. 4(h-10) to allow two driveway openings at 5501 Lakeland Ave. North (Lot 1, Block 1, Al Schrader Addition), as requested in application #79-17 of Al Schrader. The findings of fact are: the proposal will provide better traffic flow. Motion carried. May 14, 1979 - continued 11. Moved by Commissioner Peters and seconded by Commissioner Schmidt to recommend to the City Council that Section 515.37, Subd. 2, be amended to include the following as a permitted use in the B-4 District: Interior Decorators Motion carried. Moved by Commissioner Nystrom and seconded by Commissioner Peters to adjourn. Motion carried. Chairman El en Secretary Tieubarth JUNE 11, 1979 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Bergman, Elsen, Juday, Neubarth, Nystrom and Plasencia; the following were absent: Feyer- eisen, Peters, Ryan and Schmidt; also present were planning consultants Peterson and Sherburne. Moved by Commissioner Plasencia and seconded by Commissioner Nystrom to approve the minutes of the May 14, 1979 meeting. Motion carried. I. Chairman Elsen declared this was the time and the place as advertised for the public hearing to consider application #79-8 as submitted by John D. McGuire to rezone from R-1 District (single family residential) to B-3 District (auto -oriented commercial) property located at 4552 Colorado Ave. North. The applicant is requesting the rezoning so he can build a 321x48' garage, 16' in height, to house his truck -tractor. The following persons identified themselves and were heard: Joseph Stewart 4600 Colorado Ave. Richard Scott 4542 Colorado Ave. Mrs. Lawrence Melhuse 4552 Brunswick Ave. Jack Bobletter 4536 Colorado Ave. Janice Stewart 4600 Colorado Ave. Ken Covington 4517 Brunswick Ave. Robert Hasselstrom 4601 Colorado Ave. Joe Pucel 4518 Colorado Ave. James Sylte 4524 Colorado Ave. Marlene Amsler 4541 Colorado Ave. Julie Scott 4542 Colorado Ave. Moved by Commissioner Plasencia and seconded by Commissioner Bergman to recommend to the City Council to deny application #79-8 as submitted by John D. McGuire to rezone from R-1 District (single family residential) to B-3 District (auto -oriented commercial) property located at 4552 Colorado Ave. North, and legally described as that part of Lot 1, Block 2, Wagners Garden Tracts lying West of the East 135.06' thereof, except street. The findings of fact are: zoning prevents this use in a residential neighborhood; rezoning would open the door to any use permitted in the B-3 District; the proposed use is contrary to all intentions of a residential district. Motion carried. 2. Chairman Elsen declared this was the time and the place as advertised for the public hearing to consider application #79-11 as submitted by E.L.V. Development J.V., Inc. to rezone from R-3 District (medium density residential) to B-2 District (limited commercial) property located at 3517 Douglas Drive. The proponents explained their plans for a proposed professional office building. The following persons identified themselves and were heard: June 11, 1979 - continued Patrick Chamberlain of E.L.V. Development J.V., Inc. Bob Wilde 3504 Florida Ave. Peter Levander 6327 36th Ave. Larry Wertheim 3528 Florida Ave. Nelson Berg Attorney representing the seller Alice Wertheim 3528 Florida Ave. Keith Anderson 3443 Douglas Drive Moved by Commissioner Bergman and seconded by Commissioner Neubarth to recommend to the City Council to approve application #79-11 as submitted by E.L.V. Development J.V., Inc. to rezone from R-3 District (medium density residential) to B-2 District (limited commercial) property located at 3517 Douglas Drive, Lot 7, Block 1, Gardendale Acres, conditioned upon dedication of the West 22' and the East 7' of Lot 7 for street purposes. The findings of fact are: the use would be compatible with the character of the area along Douglas Drive; it would be more suitable for this type of use than the present zoning of the property. Motion carried. 3. Mary Hurley appeared regarding Variance Application #79-18 for an addition to the house and garage which will encompass the existing detached garage and encroach in the required 40' rear yard setback at 3810 Kentucky Ave. North. Moved by Commissioner Juday and seconded by Commissioner Nystrom that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict appli- cation of Section 515.13, Subd. 4-a, to grant a variance of 35' in the required 40' rear yard setback for an addition to the house and garage at 3810 Kentucky Ave. North (Lot 1, Block 2, Colonial Acres 2nd Addition), as requested in application #79-18 of Mary Hurley. The findings of fact are: it does not extend the limits of the existing structure except the 5' in the rear; the garage, which .is too close to rear lot line, is adjacent to another garage; the setbacks are not changed in any way. Motion carried. 4, Bob Miller from Canadian Products Inc. appeared regarding application #79-9 for rezoning from B-3 District (auto -oriented commercial) to B-2 District (limited commercial) property located at 3600 Douglas Drive. Mr. Miller explained their plans for remodeling the existing service station into a real estate office. Moved by Commissioner Juday and seconded by Commissioner Plasencia to set a public hearing before the Planning Commission at 7:30 p.m., July 9, 1979, to consider the request of Canadian Products, Inc. in application #79-19 to rezone from B-3 District (auto -oriented commercial) to B-2 District (limited commercial) property located at 3600 Douglas Drive, Lot 7, Block 1, except the South 8 ft. thereof, Schwartz Addition. Motion carried. June 11, 1979 - continued 5. Al Schrader appeared regarding a building permit for a proposed office building at 5501 Lakeland Ave. North. Moved by Commissioner Nystrom and seconded by Commissioner Neu- barth to recommend to the City Council to approve authorization to issue building permit #1587 to Al Schrader for a 100'x401, 2 -story office building at 5501 Lakeland Ave. North (Lot 1, Block 1, Al Schrader Addition), subject to standard procedure. Motion carried. 6. Scott Kevitt appeared regarding Variance Applications #79-21 & #79-24 to permit an expansion of a non -conforming use and to vary the rear yard setback requirements to allow an addition to the existing dwelling at 7324 33rd Ave. North. Moved by Commissioner Juday and seconded by Commissioner Bergman that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict appli- cation of Section 515.05, Subd. 2, to expand a non -conforming use, said non -conformity being created because of the zoning (I-2 District); and Section 515.13, Subd. 4-a, to grant a variance of 24.5' in the required 40' rear yard setback to permit a 26'x43' addition to the existing dwelling at 7324 33rd Ave. North (Lot 9, Robbinsdale Gardens) as requested in applications #79-21 & #79-24 of Scott Kevitt. The findings of fact are: the home is quite isolated, up against R-3 zoning and railroad tracks; doesn't appear the expansion of non -conforming use would cause any problems because there is no- one living by him. Motion carried. 7. Wayne E. Murphey of M.S.M. Company appeared regarding Variance Application #79-22 to allow one additional driveway on Vera Cruz Ave. at 3203 Vera Cruz Ave. North. Moved by Commissioner Bergman and seconded by Commissioner Juday that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict appli- cation of Section 515.09, Subd. 4(h-10) to allow two curb cut openings on Vera Cruz Ave. at 3203 Vera Cruz Ave. North (Lot 1, Block 1, M.S.M. Addition) as requested in application #79-22 of M.S.M. Company. The findings of fact are: attempt to ease traffic situation for both parking lot and adjacent street. Motion carried. S. Moved by Commissioner Juday and seconded by Commissioner Nystrom to recommend to the City Council that Section 515.37, Subd. 2, be amended to include "Taxidermy Shop" as a permitted use in the B-4 District. Motion carried. June 11, 1979 _ continued 9. The proposed plat of TIMESAVERS 4TH ADDITION was submitted for consideration of final approval located at 5270 Hanson Court. Moved by Commissioner Nystrom and seconded by Commissioner Neubarth to grant final approval of TIMESAVERS 4TH ADDITION located at 5270 Hanson Court. Motion carried. Moved by Commissioner Bergman and seconded by Commissioner Juday to adjourn. Motion carried. Chairm Elsen Secretary Neubarth l� JULY 9, 1979 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 Schmidt; the following were absent: Bergman, Juday, Peters and Ryan; also present was planning consultant Peterson. Moved by Commissioner Nystrom and seconded by Commissioner Plasencia to approve the minutes of the June 11, 1979 meeting. Motion carried. 'C. It being 7:30 p.m., Chairman Elsen declared this was the time and place as advertised for the public hearing to consider Rezoning Application #79-19, as submitted by Canadian Products, Inc., to rezone from B-3 District (auto - oriented commercial) to B-2 District (limited commercial) property located at 3600 Douglas Drive, Lot 7, Block 1, except the south 8' thereof, Schwartz Addition. Bob Eberley and Mark Hankenson explained their plans for remodeling the existing service station into a real estate office. The following persons identified themselves and were heard: William Finlayson, 3618 Douglas Drive Moved by Commissioner Plasencia and seconded by Commissioner Nystrom to recommend to the City Council to approve Rezoning Application #79-19, as submitted by Canadian Products, Inc., to rezone from B-3 District (auto -oriented commercial) to B-2 District (limited commercial) property located at 3600 Douglas Drive, Lot 7, Block 1, except the south 8' thereof, Schwartz Addition, subject to dedicating 7' of right-of-way along the Douglas Drive frontage. The findings of fact are: it would definitely be ars improvement to the site and such a use is compatible with other uses in that area. Motion carried. 2. Joseph C. Dinville submitted Variance Application #79-23 for an attached garage which will encroach in the required 40' rear yard setback at 4301 Georgia Ave. No., and expand a nonconforming use an additional 10' by replacing a 14'x20' garage which encroaches into the 40' rear yard set- back by 12', and building a 24'x24' attached garage which would encroach 22' in the required 40' rear yard setback. Moved by Commissioner Feyerisen and seconded by Commissioner Plasencia 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 515.13, Subd. 4-a, to approve expanding a non -conforming use and grant a variance of 22' in the required 40' rear yard setback, in order that the home owner can build a 24'x24' attached garage on Lot 3, Block 1, Ostman's Addition, 4301 Georgia Ave. No. The findings of fact are: no harm to the neighborhood, improvement of the property, and expanding a non -conforming use on a corner lot that typically has difficulty complying with the rear yard setback. Motion carried. July 9, 1979 - continued Patrick Chamberlain appeared regarding tentative approval of proposed plat CHAMBERLAIN BROTHERS FIRST ADDITION, located at Fairview Ave. and West Broadway. Moved by Commissioner Neubarth and seconded by Commissioner Schmidt to recommend to the City Council to grant tentative approval of CHAMBERLAIN BROTHERS FIRST ADDITION, which is a replat of Lots 1, 2, 3, 4 and 5, Block 1, West Lilac Terrace 4th Unit, subject to dedicating 7' of right-of-way along the West Broadway frontage. Motion carried. 4. John L. Washburn and Peter Perasky appeared regarding a building permit for remodeling and alterations to the existing building at 3526 Lilac Drive (formerly Chalet Liquor Store). Moved by Commissioner Feyereisen and seconded by Commissioner Nystrom -to recommend to the City Council to approve authorization to issue building, permit #1674 to John L. Washburn for remodeling and alterations to the existing building at 3526 Lilac Drive, Tract D, Registered Land Survey #860, subject to standard procedure. Motion carried. Donald L. Olson, Phil Johnson and Roger Olson appeared regarding Variance Application #79-25 in the required number of parking stalls at Mel Olson Honey Co., 5201 Douglas Drive. The required number is 32 stalls; space is available for 13 stalls. Moved by Commissioner Nystrom 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 515.09, Subd. 8 -aa, to grant a variance of 19 parking stalls on the Mel Olson Honey Co. leasehold property of the Soo Line Railroad, located at 5201 Douglas Drive. The findings of fact are: they are improving the area, not adding much to the building other than than improving it; the company is backed up against the railroad tracts; has acquired additional property to facilitate the parking; and see no reason why we can't go along with this request by this long-established business. Motion carried. Moved by Commissioner Feyereisen and seconded by Commissioner Schmidt to adjourn. Motion carried. Chairman en ff-S Neubarth 43, AUGUST 13, 1979 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Elsen, Feyereisen, Neubarth, Nystrom, Peters, Plasencia, Ryan and Schmidt; the follow- ing were absent: Bergman and Juday; also present were planning consultants Peterson and Sherburne. 1. Willard E. Burk appeared regarding Variance Application #79-26 to expand a non -conforming use, said non -conformity being the dwelling encroaches 14' in the required 30' side street yard setback at 4601 Zane Ave. N. Moved by Commissioner Schmidt and seconded by Commissioner Plasencia 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 515.05, Subd. 2, to allow the expansion of a non -conforming use to permit a 16'x20' addition and 11'x16' deck to be added to the existing dwelling at 4601 Zane Ave. N., as requested in application #79-26 of Willard E. Burk. The findings of fact are: the proposed improvement doesn't encroach any closer to the side streets; will be an improvement to the property. Motion carried. 2. Phyllis S. Mattson appeared regarding Conditional Use Permit #79-27 to allow custom manufacturing (custom decorating and drapery studio) in a B-4 District at 5707 West Broadway. Moved by Commissioner Feyereisen and seconded by Commissioner Nystrom to set a public hearing before the Planning Commission at 7:30 p.m., or as soon thereafter as the matter may be heard, September 10, 1979, to consider Conditional Use Permit #79-27 to allow custom manufacturing in a B-4 District (Section 515.37, Subd. 4-d) in the westerly 1848 sq. ft. of the second floor at 5707 West Broadway, Lot 1, Block 1, Spilane Addition. Motion carried. 3. John C. Anderson appeared regarding Variance Applications #79-29 & #79-38 to expand a non -conforming use, said non -conformity being the garage encroaches 12.67' in the rear yard setback, to permit a 8'x10' deck to be added to the existing dwelling which will encroach in the required 30' front yard setback at 5901 46th Ave. N. Moved by Commissioner Peters 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 515.05, Subd. 2, to allow the expansion of a non -conforming use, and Section 515.13, Subd. 2(a) to grant a variance of .4' in the required 30' front yard setback to permit a 8'x10' deck to be added to the existing dwelling at 5901 46th Ave. N., as requested in Variance Applications #79-29 & #79-38 of John C. Anderson. M August 13, 1979 - continued The findings of fact are: deck is already built; very small variance; not creating any problems in neighborhood. Motion carried. 4. Wm. Klinkhammer appeared regarding Variance Applications #79-30 & #79-31 to expand a non -conforming use, said non -conformity being the existing dwelling encroaches 4' into the required 26' side street yard setback to allow the construction of a 16'x12' addition to the existing dwelling which will encroach 4' into the required 26' side street yard setback at 5301 Georgia Ave. N. Moved by Commissioner Feyereisen and seconded by Commissioner Peters 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 515.05, Subd. 2, to allow the expansion of a non -conforming use, and Section 515.05, Subd. 3, to grant a variance of 4' in the required 26' side street yard setback to allow the construction of a 16'x12' addition to the existing dwelling at 5301 Georgia Ave. N., as requested in Variance Applications #79-30 & #79-31 of Wm. Klinkhammer. The findings of fact are: improvement to the property; «c)t creating any problems in neighborhood. Motion carried. Donald Adams appeared regarding Variance Applications #79-32 & #79-37 to expand a non -conforming use, said non -conformity being the existing garage encroaches 2' in the required 3' side yard setback, and allow an addition to the existing garage which will encroach 30' into the required 30' side street yard setback on Lakeland Ave., at 5334 Fairview Ave. N. Moved by Commissioner Peters and seconded by Commissioner Schmidt 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 515.05, Subd. 2, to allow the expansion of a non -conforming use, and Section 515.07, Subd. 6(c)3, to grant a variance of 30' in the required 30' side street yard setback to allow an addition to the existing garage, or construction of a new garage, at 5334 Fairview Ave. N., as requested in Applications #79-32 & #79-37 of Donald Adams. The findings of fact are: making the best of a bad situation; no other solution appears feasible. Motion carried. f. Eugene L. Langston appeared regarding Variance Applications #79-33 & #79-34 to expand a non -conforming use, said non -conformity being the house encroaches 28.88' into the required 30' front yard setback, to allow a detached garage to encroach 64.15' into the required setback of 66.7' at .3447 Hampshire Ave. N. August 13, 1979 - continued Moved by Commissioner Nystrom and seconded by Commissioner Feyereisen to table for further study Variance Applications #79-33 & #79-34 of Eugene L. Langston until the next meeting to enable them to investigate other options. Motion carried. 7. The Commission considered the request of Vic Jacobson to amend the permitted uses in the I-2 District to include the dismantling of automobiles. Mr. Jacobson did not appear. Moved by Commissioner Schmidt and seconded by Commissioner Ryan to table the request until the next meeting to give the applicant a chance to come in and discuss the use of the property. Motion carried. The Commission requested the presence of the Fire Marshall at the September meeting to discuss the ramifications of dis- mantling of automobiles inside of a building with respect to fire and safety. 8. Progressive Contractors Inc. regarding a building permit for an airplane hangar located on leased lot 72-C, Crystal Airport. Moved by Commissioner Neubarth and seconded by Commissioner Nystrom to recommend to the City Council to approve authorization to issue building permit #1840 to Progressive Contractors Inc. for a 54'x50' airplane hangar located on leased lot 72-C, Crystal Airport, subject to standard procedure. Motion carried. 9. D. M. Gormley of G & H Builders and Mr. & Mrs. Edwin Down appeared regarding Variance Application #79-35 to expand a non -conforming use, said non -conformity being the house encroaches 6' into the required 30' side street yard setback at 3204 Louisiana Ave. N. Moved by Commissioner Schmidt and seconded by Commissioner Ryan that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict appli- cation of Section 515.05, Subd. 2, to allow the expansion of a non -conforming use to allow a 12'x14' deck to be built at 3204 Louisiana Ave. N., as requested in Variance Application #79-35 of G & H Builders. The findings of fact are: Aside from the'fact that the structure is already built, it fits into the plan all right; doesn't add to non -conforming use because it doesn't extend beyond the present structure. Motion carried. August 13, 1979 - continued 10. Jim Edwards appeared regarding Variance Application #79-36 to expand a non-conforaning use, said non -conformity being the existing garage encroaches .8' into the required 3' side yard setback (12" overhang) at 4522 Brunswick Ave. N. Moved by Commissioner Feyereisen and seconded by Commissioner Nystrom 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 515.05, Subd. 2, to allow a 201x22' addition to the existing garage at 4522 Brunswick Ave. N., as requested in application #79-36 of Jim Edwards. The findings of fact are: rather insignificant non -conformity. Motion carried. 11. Bob Uebele, Architect representing Canadian Products Inc., appeared regarding a building permit for remodeling and alterations to the existing building at 3600 Douglas Drive, Lot 7, Block 1, Schwartz Addition. Moved by Commissioner Neubarth and seconded by Commissioner Plasencia to recommend to the City Council to approve authorization to issue building permit #1861 to Canadian Products Inc. for remodeling and alterations to the existing building at 3600 Douglas Drive, Lot 7, Block 1, Schwartz Addition, subject to standard procedure. Motion carried. 1.2. Request from Superamerica to extend two conditional use permits for a motor fuel station and a retail store as an accessory use thereto, Lot 1, Block 1, Winnetka Village Addition (northeast corner of 36th & Winnetka) for a period of one year. Moved by Commissioner Nystrom and seconded by Commissioner Peters to recommend to the City Council to approve the request of Superamerica to extend conditional use permits #78-22 (motor fuel station) and #78-23 (retail store as an accessory use) for a period of one year. Motion carried. Moved by Commissioner Peters and seconded by Commissioner Feyereisen to adjourn. Motion carried. Chairma Elsen Secretary Neubarth SEPTEMBER 10, 1979 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Bergman, Elsen, Neubarth, Nystrom, Plasencia and Schmidt; the following were absent: Feyereisen, Juday, Peters and Ryan; also present was planning con- sultant Peterson. Moved by Commissioner Plasencia and seconded by Commissioner Schmidt to approve the minutes of the August 13, 1979 meeting. Motion carried. 1. The next regular Planning Commission meeting falls on October 8, 1979, which is a legal holiday (Columbus Day). Moved by Commissioner Bergman and seconded by Commissioner Nystrom that the next regular Planning Commission meeting will be held at 7:30 p.m., Tuesday, October 9, 1979. Motion carried. 2. Chairman Elsen declared this was the time and the place as advertised for a public hearing to consider application #79-27 as submitted by Phyllis S. Mattson for a conditional use permit to allow custom manufacturing (custom decorating & drapery studio) in a B-4 District at 5707 West Broadway. Those persons present and heard were: Phyllis S. Mattson. Moved by Commissioner Neubarth and seconded by Commissioner Bergman to recommend to the City Council to approve application #79-27 as submitted by Phyllis S. Mattson for a conditional use permit to allow custom manufacturing (Section 515.37, Subd. 4-d) in a B-4 District, in the westerly 1848 sq. ft. of the second floor at 5707 West Broadway, Lot 1, Block 1, Spilane Addition. Motion carried. 3. Phyllis S. Mattson appeared regarding Variance Application #79-28 in the required number of parking stalls at 5707 West Broadway. The required number is 55 stalls; space is available for 48 stalls. Moved by Commissioner Nystrom and seconded by Commissioner Bergman that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict appli- cation of Section 515.09, Subd. 8, to grant a variance of 7 parking stalls at 5707 West Broadway, Lot 1, Block 1, Spilane Addition, as requested in application #79728 of Phyllis S. Mattson. The findings of fact are: this business does not require a lot of parking; there seems to be ample space on the site. Motion carried. September 10, 1979 - continued 4. The Commission considered the request of Vic Jacobson to amend the permitted uses in the I-2 District to include dismantling of junk cars, which was tabled at the last meeting. Mr. Jacobson did not appear. Art Quady, Fire Marshall for the City of Crystal, appeared and opposed any change in the zoning ordinance to allow the dismantling of automobiles as a fire hazard and cited a fire that occurred at 5111 Lakeland Ave. where they were dis- mantling automobiles. Moved by Commissioner Schmidt and seconded by Commissioner Bergman to recommend to the City Council to deny any application for a conditional use permit to allow dismantling of junk cars in an I-2 District, or any other district, based on the recommendations of the Fire Marshall. Motion carried. 5. Variance Applications #79-33 & #79-34 as submitted by Eugene L. Langston to expand a non -conforming use, said non -conformity being the house encroaches 28.88' in the required 30' front yard setback, and allow a detached garage to encroach 64.15' in the required setback of 66.7', at 3447 Hampshire Ave. Ni. No one appeared. Moved by Commissioner Plasencia and seconded by Commissioner Nystrom to recommend to the City Council to deny Variance Applications #79-33 & #79-34 as submitted by Eugene L. Langston to allow the expansion of a non -conforming use and grant a variance of 64.15' to allow a detached garage to encroach on the front half of the lot at 3447 Hampshire Ave. N. The findings of fact are: there appear to be better solutions for building the garage which could conform to the zoning ordinance. Motion carried. 6. Jaye Krantz of Century 21 Pacesetter Realty, representing David Felder, owner, appeared regarding tentative approval of proposed plat FELDER ADDITION located in the vicinity of 33rd & Hampshire Ave. Moved by Commissioner Bergman and seconded by Commissioner Nystrom to recommend to the City Council to grant tentative approval of FELDER ADDITION which is a replat of Lots 16 & 17, Block 3, Gardendale Acres, and Lot 1, Block 1, Joseph Mack Addition. Motion carried. 7. Jaye Krantz of Century 21 Pacesetter Realty, representing David Felder, owner, appeared regarding tentative approval of proposed plat FELDER 2ND ADDITION located in the vicinity of 32nd & Florida Ave. Moved by Commissioner Bergman and seconded by Commissioner Schmidt to recommend to the City Council to grant tentative approval of FELDER 2ND ADDITION which is a replat of that part of Lot 10 lying East of the West 22' thereof, Block 3, Gardendale Acres. Motion carried. az September 10, 1979 - continued 8. Charles Nichols appeared regarding building permits for airplane hangars on leased lot 64-A and leased lot 64-B, Crystal Airport. Art Quady, Fire Marshall, appeared regarding inadequate fire protection at the east end of the airport. Moved by Commissioner Schmidt and seconded by Commissioner Bergman to recommend to the City Council to approve authorization to issue building permit #1903 for a 56'x40' airplane hangar on leased lot 64-A, Crystal Airport, and building permit #1941 for a 40'x44' airplane hangar on leased lot 64-B, Crystal Airport, to Bruce Decker, subject to standard procedure. Motion carried. 9. James P. Robinson appeared regarding Variance Application #79-40 for a new house which will encroach into the required 40' rear yard setback at 4421 36th Ave. N. Moved by Commissioner Bergman and seconded by Commissioner Nystrom that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict appli- cation of Section 515.13, Subd. 4-a, to grant a variance of 2'-5/8" in the required 40` rear yard setback for a new house at 4421 36th Ave. N., as requested in application #79-40 of James P. Robinson. The findings of fact are: very minimal variance; will be an improvement to the property. Motion carried. 10. David B. Trout appeared regarding Variance Applications #79-41, #79-42 and #79-43 to expand a non -conforming use (50' lot) and to vary the side yard and front yard requirements to allow an addition to be built to the existing dwelling at 5336 49th Ave. N. Moved by Commissioner Plasencia and seconded by Commissioner Nystrom 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 515.05, Subd. 2, to allow the expansion of a non -conforming use; Section 515.13, Subd. 3-a, to grant a variance of l' in the required 5' side yard setback; and Section 515.13, Subd. 2-a, to grant a variance of 4'9" in the required 30' front yard setback to allow a 16'3"x12'9" addition to the existing dwelling at 5336 49th Ave. N., as requested in appli- cations #79-41, #79-42 & #79-43 of David B. Trout. The findings of fact are: all the houses surrounding are non- conforming in about the same way; this would not be a detriment to the neighborhood. Motion carried. I]. Conditional Use Permit #79-44 submitted by Minnesota Foam & Products Co. was presented to allow custom manufacturing in a. B-4 District at 6523 Bass Lake Road. No one appeared. September 10, 1979 - continued Moved by Commissioner Bergman and seconded by Commissioner Neubarth to set a public hearing before the Planning Commission for 7:30 p.m., or as soon thereafter as the matter may be heard, Tuesday, October 9, 1979, to consider Conditional Use Permit #79-44 to allow custom manufacturing in a B-4 District (Section 515.37, Subd. 4-d) in the East 30' of the structure on the West 53.9' of the East 113.9' of Lot 4, Block 1, F. J. McArdle's Crystal Manor Addition, except road, 6523 Bass Lake Road. Motion carried. 12. Variance Application #79-45 of Octopus Car Wash was presented to enclose dumpster area with redwood fence which will encroach in sight line at the intersection of 53rd & Edgewood Ave. N. No one appeared. 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 515.07, Subd. 8-b, to grant a variance of 7'± in the required 25' sight line triangle to enclose dumpster area with a 8'x24'x6' redwood fence at the intersection of 53rd & Edgewood, as requested in Variance Application #79-45 nf_ Octopus Car Wash, 5301 Douglas Drive. The findings of fact are: it will improve the appearance by screening the dumpster area. Motion carried. 13. Earl C. Elmquist appeared regarding Variance Application #79-47 for a 3 -season porch which will encroach 6' into the required 40' rear yard setback at 8109 35th Ave. N. Moved by Commissioner Nystrom and seconded by Commissioner Schmidt that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict appli- cation of Section 515.13, Subd. 4-a, to grant a variance of 6' in the required 40' rear yard setback for a 14'x12' 3 -season porch at 8109 35th Ave. N., as requested in Variance Application #79-47 of Earl C. Elmquist. The findings of fact are: the only way Inc can build this screen porch is with a variance. Motion carried. 14. Dan Rognrud from Creekside Townhomes appeared regarding Rezoning Application #79-48 for rezoning Lots 7 & 8, Block 4, Rosedale Acres, from R-1 District (single family residential) to R-4 District (high density residential) and Conditional Use Permit #79-49 (Section 515.23, 4-c - Townhouses) at 3504 Douglas Drive. Moved by Commissioner Neubarth and seconded by Commissioner Nystrom to set a public hearing before the Planning Commission at 7:30 p.m., or as soon thereafter as the matter may be heard, Tuesday, October 9, 1979, to consider the request of Creekside Townhomes September 10, 1979 - continued in Rezoning Application #79-48 to rezone Lots 7 & 8, Block 4, Rosedale Acres, from R-1 District (single family residential) to R-4 District (high density residential); and Conditional Use Permit #79-49 (Section 515.23, 4-c - Townhouses) at 3504 Douglas Drive. Motion carried. 1.5. Bernard M. Irmen appeared regarding Variance Application #79-50 to expand a non -conforming use, said non -conformity being the garage encroaches 9.66' into the required 40' rear yard setback at 4640 Zane Ave. N. 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 515.05, Subd. 2, to allow the expansion of a non -conforming use to allow a 12'x24' detached deck to be built at 4640 Zane Ave. N., as requested in Variance Application #79-50 of Bernard M. Irmen. Motion carried.. 16. Donald Adams appeared regarding tentative approval of proposed plat ADAMS ADDITION located at 5334 Fairview Ave. N. Moved by Commissioner Nystrom and seconded by Commissioner Neubarth to recommend to the City Council to grant tentative approval of ADAMS ADDITION which is a replat of that part of Lots 10, 23 & 24, Block 3, Twin Lake Shores lying Westerly of Minnesota State Highway 52. Motion carried. 17. Discussion regarding fire protection at the east end of the airport because of no water supply. Moved by Commissioner Plasencia and seconded by Commissioner Nystrom to recommend to the City Council that because of critical water problems to fight fires that may occur on the east side of Crystal Airport that the City Council declare a moratorium on building in the area, or any other means at their disposal, to force the construction of a water supply in the area. Motion carried. Moved by Commissioner Bergman and seconded by Commissioner Schmitt 1--o adjourn. Motion carried. Chairm,n Elsen . "' a E"'x�117 Secretary Neubarth OCTOBER 9, 1979 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 Schmidt; the following were absent: Plasencia and Ryan; also present were planning consultants Peterson and Sherburne. Moved by Commissioner Bergman and seconded by Commissioner Peters to approve the minutes of the September 10, 1979 meeting. Motion carried. 1. Chairman Elsen declared this was the time and the place as advertised for a public hearing to consider application #79-44 as submitted by Minnesota Foam & Products Co. for a conditional use permit to allow custom manufacturing in a B-4 District at 6523 56th Ave. N. Those persons present and heard were: Mike Sanko. Moved by Commissioner Bergman and seconded by Commissioner Nystrom to recommend to the City Council to approve application #79-44 as submitted by Minnesota Foam & Products Co. to allow custom manufacturing (Section 515.37, Subd. 4-d) in a B-4 District, in the east 30' of the structure at 6523 56th Ave. N., and legally described as the West 53.9' of the East 113.9' of Lot 4, Block 1, Fergus J. McArdle's Crystal Manor Addition. The findings of fact are: it follows the normal type of operation under this type of district; will create no hardship. Motion carried. 2. Chairman Elsen declared this was the time and the place as advertised for a public hearing to consider application #79-48 for rezoning Lots 7 & 8, Block 4, Rosedale Acres, from R-1 District (single family residential) to R-4 District (high density residential) and Conditional Use Permit #79-49 to allow townhouses to be constructed on the property at 3504-3516 Douglas Drive, as submitted by Creekside Townhomes. The proponent presented plans for building eight townhouses on the site. Those persons present and heard were: Dan Rognrud, Creekside Townhomes Mrs. J. Farago, 6125 36th Ave. N. Mike Wille, 3505 Brunswick Ave. N. Mrs. M. Wille, 3505 Brunswick Ave. N. Mrs. R. Mikolajczyk, 6115 36th Ave. N. Moved by Commissioner Schmidt and seconded by Commissioner Bergman to recommend to the City Council to approve applications #79-48 & #79-49 as submitted by Creekside Townhomes to rezone Lots 7 & 8, Block 4, Rosedale Acres, from R-1 District (single family residence) to R-4 District (high density residential) and a conditional use permit to allow townhouses to be constructed on the property (Section 515.23, Subd. 4-c) at 3504-3516 Douglas Drive. October 9, 1979 - continued The findings of fact are: it is an ingenious use of the property. Motion carried. 3. The Commission considered application #79-51 for variances of 3' in lot width and 204 sq. ft. in lot area, to build a single family dwelling at 4306 Brunswick Ave. N. Moved by Commissioner Feyereisen and seconded by Commissioner Juday 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. 2a(1) for a 3' variance in lot width and Section 515.15, Subd. 2d(1) for a variance of 204 sq. ft. in lot area to build a single family dwelling at 4306 Brunswick Ave. N., Lot 14, Block 5, Robbinsdale Home Gardens 4th Addition, as requested in application #79-51 of R. M. Johnson. The findings of fact are: this is a rather nominal variance in the square footage and width; the fact we can get rid of a 20'x20' house for a 28'x47' is prudent:; will upgrade -the property. Motion carried. 4. The next regular Planning Commission meeting is November .12, 1979. The City offices will be closed that day because Veteran's Day falls on Sunday, November 11th. Moved by Commissioner Juday and seconded by Commissioner Feyereisen that the next regular Planning Commission meeting will be held at 7:30 p.m., Tuesday, November 13, 1979. Motion carried. 5. Jerome Halek appeared regarding application #79-52 for rezoning from R-1 District (single family residential) to R-4 District (high density residential) the easterly 200' of property located at 6000 Lakeland Ave. N. Moved by Commissioner Peters and seconded by Commissioner Juday to set a public hearing before the Planning Commission at 7:30 p.m., or as soon thereafter as the matter may be.heard, November 13, 1979, to consider the request of Jerome Halek in application #79-52 to rezone from R-1 District (single family residential) to R-4 District (high density residential) the.easterly 200' of property located at 6000` Lakeland Ave. N. and legally described as follows: That part of the NE4 of the NE4 of Section 5, Township 118, Range 21, described as follows: Beginning at the inter- section of the original NEly line of U.S. Highway No. 52 and 218 with the S line of said NE4 of the NE4; thence running E along said S line a distance of 250.25' to the point of beginning of the land to be described; thence continuing E along said S line a distance of 200'; thence Nly a distance of 159.16' more or less to a point in a line drawn parallel with and 1204.05' S of the N line of said 104 of the NE4; thence Wly along said parallel line a distance of 2001; thence S to the point of beginning. Motion carried. �27 October 9, 1979 - continued 6. Kenneth D. Schieber appeared regarding variance application #79-53 to expand a non -conforming use, said non -conformity being the dwelling encroaches 7' in the required 27' side street side yard setback at 5857 Nevada Ave. N. Moved by Commissioner Feyereisen and seconded by Commissioner Schmidt 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 515.05, Subd. 2, to allow the expansion of a non -conforming use to permit a 16'x20' addition to the existing dwelling at 5857 Nevada Ave. N., as requested in application #79-53 of Kenneth D. Schieber. The findings of fact are: harmless expansion of this non- conforming use. Motion carried. 7. Bruce Babcock appeared regarding variance application #79-54 to expand a non -conforming use, said non -conformity being the dwelling encroaches 10.4' in the required 30' side street side yard -setback at 6505 44th Ave. N. Moved by Commissioner Nystrom and seconded by Commissioner Peters that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict appli- cation of Section 515.05, Subd. 2,.to allow the expansion of a non -conforming use to permit a 221x28' detached garage to be constructed at 6505 44th Ave. N. with the condition that the old garage be removed from the premises by June 1, 1980, as requested in variance application #79-54 of Bruce Babcock. The findings of fact are: the non -conforming house is --existing; the new garage will be an improvement considering the removal of the old garage. Motion carried. 8. The Commission considered tentative approval of the proposed plat SWADNER ADDITION located at 5027 Vera Cruz Ave. N. Moved by Commissioner Bergman and seconded by Commissioner Neubarth to recommend to the City Council to grant tentative approval of SWADNER ADDITION which is a replat of Lot 1, Kirkwood's First Addition to Crystal Village including that part of Corvallis Ave. vacated adjoining said Lot 1. Motion carried. 9. Jaye Krantz of Century 21 Pacesetter Realty appeared regarding tentative approval of proposed revised plat FELDER ADDITION located in the vicinity of 33rd & Hampshire Ave. N. Discussion was held relative to the compensatory water storage necessitated by the Bassett Creek Flood Control Commission management envelope and the surface water drainage coming from upstream areas and October 9, 1979 - continued the impact of the surface water if nothing is done, if storm sewer is provided, and if drainage is carried through open ditch. Moved by Commissioner Neubarth and seconded by Commissioner Peters to recommend to the City Council to grant tentative approval of FELDER ADDITION which is a replat of .Lots 16 & 17, Block 3, Gardendale Acres. By roll call and voting aye: Elsen, Feyereisen, Neubarth, Nystrom, Peters; voting no: Bergman, Juday and Schmidt. Motion carried 5 to 3. Moved by Commissioner Bergman and seconded by Commissioner Schmidt to adjourn. Motion carried. Chair n Elsen Neubairth NOVEMBER 13, 1979 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Bergman, Elsen, Feyereisen, Nystrom, Peters, Ryan and Schmidt; the following were absent: Juday, Neubarth and Plasencia; also present were planning consultants Peterson and Sherburne. Moved by Commissioner Nystrom and seconded by Commissioner Peters to approve the minutes of the October 9, 1979 meeting. Commissioner Schmidt objected to the Chairman voting on a roll call vote except to break a tie vote, as was the case in Item #9 of the October 9, 1979 minutes, and that henceforth the Chairman will vote on a roll call vote only to break a tie. Motion carried. 1. Chairman Elsen declared this was the time and the place as advertised for a public hearing to consider Application #79-52 as submitted by Jerome F. Halek for rezoning from R-1 District (single family residential) to R-4 District (high density residential) the easterly 200' of property located at 6000 Lakeland Ave. N. Mr. Halek was not present at the meeting and had indi- cated that he was no longer interested in the rezoning request. The following persons identified themselves and indicated they were opposed to the rezoning: Clifton Gawtry 6329 Lombardy Lane Richard Raum 6333 Lombardy Lane Mrs. Deutscher 6401 Lombardy Lane Moved by Commissioner Feyereisen and seconded by Commissioner Bergman to recommend to the City Council to deny Application #79-52 as submitted by Jerome F. Halek for rezoning from R-1 District (single family residential) to R-4 District (high density residential) the easterly 200' of property located at 6000 Lakeland Ave. N. The findings of fact are: neighborhood is against the rezoning; the applicant doesn't want his property rezoned at this time. Motion carried. 2. Dean Johnson appeared regarding variance application #79-55 to expand a non -conforming use (attached garage lies 15' into 40' rear yard setback) and to build an addition which will encroach 15' into the 40' rear yard setback at 8134 34th Ave., Moved by Commissioner Bergman and seconded by Commissioner Nystrom 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 515.05, Subd. 2 (expansion of a non- conforming use) and Section 515.13, Subd. 4-a (encroachment in rear yard setback) for an addition above the existing garage at 8134 34th Ave. N., Lot 14, Block 3, Winnetka Park 3rd Addition, as requested in Application #79-55 of Dean C. Johnson. November 13, 1979 - continued The findings of fact are: the expansion of this non -conforming use doesn't create an additional encroachment; expansion is air space, not ground space. Motion carried. 3. Earl Wilson of West Suburban Builders appeared regarding Application #79-56 for variances in the required lot width and lot area to build a single family dwelling at 7001 46th Ave. N. Moved by Commissioner Nystrom and seconded by Commissioner Feyereisen 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 10' in the required lot width; and Section 515.15, Subd. 2-b, to grant a variance of 750 sq. ft. in the required lot area to build a single family dwelling at 7001 46th Ave. N., Lot 2, Block 1, Lyle Carlson's 7th Addition, condition such that a split entry residence with tuckunder garage will be built on the site and a 43' minimum setback to conform to neighboring houses. The findings of fact are: it is a lot of record; only way to improve it is to grant variances. Motion carried. 4. Earl Wilson of West Suburban Builders appeared regarding Application #79-57 for variances in the required lot width and lot area to build a single family dwelling at 3543 Lee Ave. N. Moved by Commissioner Feyereisen and seconded by Commissioner Nystrom 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' in. -the required lot width; and Section 515.15, Subd. 2-b, to grant a variance of 2380 sq. ft. in the required lot area, to build a single family dwelling at 3543 Lee Ave. N., Lot 4, Block 3, Woodland Homes Addition. The findings of fact are: it is a platted lot; it can be built on is to grant variances; would stantially different than the rest of houses in all of which are on 40' lots. the only way not be sub - neighborhood, Motion carried. 5. Mrs. Marvin Rood appeared regarding Variance Application #79-58 to expand a non -conforming use (dwelling encroaches 9'3" into required 30' side street side yard setback) at 5260 Louisiana Ave. N. November 13, 1979 - continued Moved by Commissioner Feyereisen and seconded by Commissioner Ryan 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 515.05, Subd. 2, to allow the expansion of a non -conforming use to permit a 26'x26' detached garage to be constructed at 5260 Louisiana Ave. N., Lot 10, Block 8, Whitefield Addition, as requested in Application #79-58 of Marvin Rood. The findings of fact are: the property does not have a garage at present time; the garage would not be a part of non -conforming use; would be an asset to home; would not be a detriment to the neighborhood. Motion carried. 6. Edward Paster and Reed Banet of Crystal Shopping Center Association appeared regarding a building permit for a retail store at 329-333 Willow Bend. Moved by Commissioner Nystrom and seconded by Commissioner Bergman to recommend to the City Council to approve authorization to issue building permit #2100 to Advanced Construction Co. for a 50'x100' retail store at 329-333 Willow Bend, Lot 1, Block 1, Crystal Shopping Center Addition, subject to standard procedure. Motion carried. 7. William Sikora, Architect from M -M Development Corp., appeared regarding a building permit for an office -warehouse building at 32nd Ave. N. & Winpark Drive, Lot 1, Block 3, and Outlot 1, Winnetka Industrial Park. Moved by Commissioner Nystrom and seconded by Commissioner Peters to recommend to the City Council to approve authorization to issue building permit #2101 to M -M Development Corp. for a 600'x150' office -warehouse building at 32nd Ave. N. & Winpark Drive, Lot 1, Block 3, and Outlot 1, Winnetka Industrial Park, subject to standard procedure. Motion carried. S. William Sikora, Architect from M -M Development Corp., appeared regarding Application #79-59 for rezoning Lots 1, 2, 3 & 4, Block 1, Lynn Gardens Addition, from R-4 District (high density residential) to B-2 District (limited commercial) located at the southeast corner of 30th & Winnetka Ave. N. Moved by Commissioner Bergman and seconded by Commissioner Peters to set a public hearing before the Planning Commission at 7:30 p.m., or as soon thereafter as the matter may be heard, December 10, 1979, to consider the request of M -M Development Corp. in Application #79-59 to rezone Lots 1, 2, 3 & 4, Block 1, Lynn Gardens Addition from R-4 District (high density residential) to B-2 District (limited commercial) located at the southeast corner of 30th & Winnetka Ave. N. November 13, 1979 - continued By roll call and voting aye: Bergman, Feyereisen, Nystrom and Peters; voting no: Ryan and Schmidt. Motion carried 4 to 2. 9. The Commission considered final approval of the proposed plat ADAMS ADDITION located at 5334 Fairview Ave. N. Moved by Commissioner Nystrom and seconded by Commissioner Feyereisen to recommend to the City Council to grant final approval of ADAMS ADDITION which is a replat of that part of Lots 10, 23 & 24, Block 3, Twin Lake Shores Addition. Motion carried. 10. Dave Licht and Martha Greenwald of Midwest Planning and Research Inc. were present to discuss the preliminary draft of the Comprehensive Plan -Policy Plan/Development Framework. The plan was not discussed and Mr. Licht requested that a special meeting be set for the purpose of consideration of the Comprehensive Plan revision. Moved by Commissioner Bergman and seconded by Commissioner Schmidt to set 7:00 p.m., Monday, December 3, 1979, as a special meeting to discuss the proposed revisions. Motion carried. Moved by Commissioner Bergman and seconded by Commissioner Schmidt to adjourn. Motion carried. Cha man Eisen Secr ary Neubarth DECEMBER 3, 1979 The special meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following members present: Elsen, Feyereisen, Nystrom, Peters, Plasencia and Ryan; the following were absent: Bergman, Juday, Neubarth and Schmidt; also present was Planning Consultant Sherburne. I. David Licht and Martha Greenwald of Midwest Planning and Research Inc. were present to present and discuss the pre- liminary draft of the Comprehensive Plan -Policy Plan/ Development Framework update. Moved by Commissioner Nystrom and seconded by Commissioner Peters to adjourn. Motion carried. DECEMBER 10 , 1979 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 Schmidt (7:50 p.m.); the following were absent: Feyereisen, Plasencia 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 November 13, 1979 and December 3, 1979 meetings. Motion carried. 1. Chairman Elsen declared this was the time and the place as advertised for a public hearing to consider Application #79-59 as submitted by M -M Development Corporation for rezoning from R-4 District (high density residential) to B-2 District (limited commercial) Lots 1, 2, 3 & 4, Block 1, Lynn Gardens Addition, located at the southeast corner of 30th & Winnetka Ave. N. Steve Schumeister and William Sikora from M -M Development Corporation presented plans for an approximately 10,000 sq. ft., one story office building. A petition was submitted by Joe Pazandak signed by residents in the vicinity. Those persons present and heard were: Joe Pazandak, owner of property Richard Kuffel, 2955 Sumter Ave. Harold Peterson, 7909 30th Ave. Doug Smith, 2940 Winnetka Ave. Walter Gray, 3025 Winnetka Ave. Steve Reckers, 2917 Sumper Ave. Albert Usset, 7900 29th Ave. Jim Lamphere, 2900 Winnetka Ave. J. Cullen, 2971 Sumter Ave. John Winkler, 2963 Sumter Ave. Robert Wilken, 2947 Sumter Ave. A letter from David G. Schwain, 2939 Sumter Ave., New Hope, was received. Moved by Commissioner Bergman and seconded by Commissioner Peters to recommend to the City Council to approve Application #79-59 as submitted by M -M Development Corp. to rezone from R-4 District (high density residential) to B-2 District (limited commercial) Lots 1, 2, 3 & 4, Block 1, Lynn Gardens Addition, located at the southeast corner of 30th & Winnetka Ave. N. The findings of fact are: this would be a satisfactory develop- ment of this particular area; residents have expressed their opinion that they would prefer the office building to an apartment building; it is the most equitable use of the property. Motion carried. 2. Mrs. Howard Martin appeared regarding Variance Application #79-60 to expand a non -conforming use (57' lot width) at 4306 Adair Ave. N. Moved by Commissioner Peters and seconded by Commissioner Juday 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 515.05, Subd. 2, to allow the expansion December 10, 1979 - continued of a non -conforming use to permit a 12'x14' deck to be built at 4306 Adair Ave. N., Lot 14, Block 2, Robbinsdale Home Gardens 4th Addition, as requested in Application #79-60 of G & H Builders. The findings of fact are: no violation of expanding to the lot line or causing any harm to neighborhood; it seems like a logical request. Motion carried. 3. Cloud Fasching appeared regarding Variance Application #79-61 to allow an attached garage to be constructda which would encroach 12' in the required 5' side yard setback at 4748 Hampshire Ave. N. 4. Moved by Commissioner Nystrom and seconded by Commissioner Peters to recommend to the City Council to deny Variance Application #79-61 as submitted by Cloud Fasching for a variance of 12' in the side yard setback to allow a 23'x28' attached garage to be constructed at 4748 Hampshire Ave. N., Lot 2, Block 1, Crystal Manor Addition. The findings of fact are: there are other ways he can add on without encroaching; we need to maintain 5' side yard; this is not a hardship nor is it unique to the lot. Motion carried. The Commission considered final approval of the proposed plat SWADNER ADDITION located at 5027 Vera Cruz Ave. N. Moved by Commissioner Juday and seconded by Commissioner Bergman to recommend to the City Council to grant final approval of SWADNER ADDITION which is a replat of Lot 1, Kirkwoods First Addition to Crystal Village and that part of vacated Corvallis.Ave.,adjoining said Lot 1 lying between the northerly extension of the east and west lines of said Lot 1. Motion carried. The Commission considered a building permit for an aircraft hangar on leased Lot 22, Crystal Airport.. Moved by Commissioner Nystrom and seconded by Commissioner Neubarth to recommend to the City Council to approve authori- zation to issue building permit #2159 to Lesters, Inc. for a 44'x100' aircraft hangar on leased Lot 22, Crystal Airport, subject to standard procedure. Motion carried. 6. Dennis Cavanaugh from C. G. Rein Co. appeared regarding Application #79-62 for rezoning from I-2 District (heavy industrial) to B-4 District (community commercial) property at 5440 Douglas Drive. December 10, 1979 - continued Moved by Commissioner Neubarth and seconded by Commissioner Nystrom to set a public hearing before the Planning Commission at 7:30 p.m., January 14, 1980, to consider the request of Sibley Catalog Showrooms in Application #79-62 to rezone from I-2 District (heavy industrial) to B-4 District (community commercial) that part of Lot 35, Auditor's Subdivision #328 lying east of the west line of Section 4, Township 118, Range 27., 5440 Douglas Drive. Motion carried. 7. A brief discussion was held regarding the placement of air conditioning condensers in residential districts. The con-° sensus is that there is no reason to consider changing the present requirements. B. Moved by Commissioner Juday and seconded by Commissioner Peters to tentatively approve the revised draft of the Comprehensive Plan -Policy Plan/Development Framework update, as amended in the memorandum dated 12/4/79, and request tentative approval from the City Council prior to the Planning Commission scheduling a public hearing on the matter in order to hopefully present a unified approach to the final adoption of the revised draft. Motion carried. Moved by Commissioner Peters and seconded by Commissioner Juday to adjourn. Motion carried. / 4/-, /C,- -, � � � 6 ) zo:� - ChairmaW Elsen Secretary Neubarth