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1980 PC Meeting MinutesJANUARY 14, 1980 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 and Ryan; the following were absent: Schmidt; also present were Planning Consultants Peterson and Sherburne. Moved by Commissioner Nystrom and seconded by Commissioner Peters to approve the minutes of the December 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 #79-62 as submitted by Sibley Catalog Showrooms for rezoning from I-2 District (heavy industrial) to B-4 District (community com- mercial) 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. Dennis Cavanaugh of C. G. Rein Co. and Al Mundt, President of Sibley Catalog Showrooms, presented plans for a 51,970 sq. ft. building. Those persons present and heard were: Stan Zieska, 5518 Douglas Drive; Dick Kauff- mann, 6048 Lakeland Ave. Moved by Commissioner Plasencia and seconded by Commissioner Neubarth to recommend to the City Council to approve Application #79-62 as submitted by Sibley Catalog Showrooms 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 21, 5440 Douglas Drive. The findings of fact are: the development is adjacent to commercial area; it would add to and complement the existing commercial. Motion carried. 2., The Commission considered final approval of the proposed plat FELDER ADDITION located in the vicinity of 33rd & Hampshire Ave. North. Applicant --David Felder. Moved by Commissioner Neubarth and seconded by Commissioner Nystrom to recommend to the City Council to grant final approval of FELDER ADDITION which is a replat of Lots 16 17, Block 3, Gardendale Acres. Motion carried. 3. The Commission considered final approval of the proposed plat FELDER 2ND ADDITION located in the vicinity of 32nd & Florida Ave. North. Applicant --David Felder. January 14, 1980 - continued Moved by Commissioner Feyereisen and seconded by Commissioner Peters to recommend to the City Council to grant final 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. 4. Jean Zamor appeared regarding a building permit for a restaurant at 5303 36th Ave. North. Moved by Commissioner Peters and seconded by Commissioner Nystrom to recommend to the City Council to approve authori- zation to issue building permit #2190 to Mister Donut for a 40'x45' restaurant located on part of Tract B, Registered Land Survey #860, 5303 36th Ave. North, subject to standard pro- cedure. S. H. Norman Nafstad and H Application #79-64 for family residential) to Application #79-65 for family residential) to property located in the of Brunswick Ave. The two multiple dwellings the site. Motion carried. . W. Stenquist appeared regarding rezoning from R-1 District (single R -O District (residential -office) and rezoning from R-1 District (single R-4 District (high density residential) vicinity south of 32nd Ave. and west proponents explained their plans for and one elderly apartment complex on Moved by Commissioner Peters and seconded by Commissioner Neubarth to set a public hearing before the Planning Commission at 7:30 p.m., or as soon thereafter as the matter may be heard, February 11, 1980, to consider the request of H. Norman Nafstad in Application #79-64 to rezone from R-1 District (single family residential) to R-0 District (residential -office) the following described land: The north 310.00 feet of that part of Lots 25, 26, 27, 28, 29 and 30, SUNNYBROOK ACRES and that part of McKEE'S BEL AIRE ADDITION, according to the recorded plats thereof, described as follows: Beginning at the southeast corner of Lot 1, Block 1, said McKEE'S BEL AIRE ADDITION; thence west along the south line thereof to the southwest corner of Lot 1, Block 2 said McKEE'S BEL AIRE ADDITION; thence north along the west line of said Lot 1 and its northerly extension to the north line of said McKEE'S BEL AIRE ADDI- TION; thence east along said north line to the intersection with the southerly extension of the east line of ROBERT'S ADDITION; thence north along said extension and east line of ROBERT'S ADDITION and its northerly extension to the north line of said Lot 27; thence west along said north line to the east line of Douglas Drive; thence north along said east line to the north line of the south one acre January 14, 1980 - continued of that part of said Lot 26 which lies west of the east 4 acres thereof; thence east along said north line to the intersection with the east line of the west 150.00 feet of said Lot 26; thence north along said east line and its northerly extension to the south line of North Half of said Lot 25; thence east along said south line, to the west line of Brunswick Avenue; thence south along said west line to the north line of said McKEE'S BEI.AIRE ADDITION; thence west along said north line to the intersection with the northerly extension of the east line of said Lot 1, Block 1, McKEE'S BEL AIRE ADDITION; thence south along said extension and said east line to the point of beginning. Motion carried. 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, February 11, 1980, to consider the request of H. Norman Nafstad in Application #79-65 to rezone from R-1 District (single family residential) to R-4 District (high density residential) the following described land: That part lying south of the north 310.00 feet of that part of Lots 25, 26, 27, 28, 29 and 30, SUNNYBROOK ACRES and that part of McKEE'S BEL AIRE ADDITION, according to the recorded plats thereof, described as follows: Beginning at the southeast corner of Lot 1, Block 1, said McKEE'S BEL AIRE ADDITION; thence west along the south line thereof to the southwest corner of Lot 1, Block 2 said McKEE'S BEL AIRE ADDITION; thence north along the west line of said Lot 1 and its northerly extension to the north line of said McKEE'S BEL AIRE ADDITION; thence east along said north line to the intersection with the southerly extension of the east line of ROBERT'S ADDITION; thence north along said extension and east line of ROBERT'S ADDITION and its northerly extension to the north line of said Lot 27; thence west along said north line to the east line of Douglas Drive; thence north along said east line to the north line of the south one acre of that part of said Lot 26 which lies west of the east 4 acres thereof; thence east along said north line to the intersection with the east line of the west 150.00 feet of said Lot 26; thence north along said east line and its northerly extension to the south line of north half of said Lot 25; thence east along said south line to the west line of Brunswick Avenue; thence south along said west line to the north line of said McKEE'S BEL AIRF ADDITION; thence west along said north line to the intersection with the northerly extension of the east line of said Lot 1, Block 1, McKEE'S BEL AIRE ADDITION; thence south along said extension and said east line to the point of beginning. Motion carried. 0 JANUARY 14, 1980 - continued 6. The Commission considered Application #79-63 of Norman A. Ganz for rezoning from B-4 District (community commercial) to I-1 District (warehousing and light industrial) property located at 5501 Yates Ave. North. No one appeared. Moved by Commissioner Feyereisen 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, February 11, 1980, to consider the request of Norman A. Ganz in Application #79-63 to rezone from B-4 District (community commercial) to I-1 District (warehousing and light industrial) Tract B, Registered Land Survey No. 762, 5501 Yates Ave. North. Motion carried. 7. Chairman Elsen declared that nominations were open for officers to the Planning Commission consisting of Chairman, Vice - Chairman and Secretary for the year ending Deceirber 31, 1980. Moved by Commissioner Feyereisen and seconded by Commissioner Ryan to nominate the existing slate of officers for the year ending December 31, 1980. Moved by Commissioner Feyereisen and seconded by Commissioner Ryan 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. Moved by Commissioner Peters and seconded by Commissioner Ryan to adjourn. Motion carried. Secretary Neuba th Chairmai Elsen FEBRUARY -11, 1980 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. Paulette Magnuson and Julian C. Melich were sworn in as new Planning Commission members. The following members were present: Elsen, Feyereisen, Magnuson, Melich, Neubarth, Nystrom, Peters, Plasencia and Schmidt; the following were absent: Ryan; also present were Planning Consultants Peterson and Sherburne. Moved by Commissioner Nystrom and seconded by Commissioner Peters to approve the minutes of the January 14, 1980 meeting. Motion carried. 1. Chairman Elsen declared this was the time and the place as adver- tised for a public hearing to consider Applications #79-64 & #79-65, as submitted by H. Norman Nafstad, for rezoning property located in the vicinity south of 32nd Ave. and west of Brunswick Ave. The proponents presented plans to rezone the property into two parcels for a 80 unit apartment building for the elderly and two 105 -unit apartment buildings with underground parking. Those persons present and heard were: Henry Stenquist, Architect Gary Nafstadt representing H. Norman Nafstad Lois Hardt, 3109 Douglas Drive Steve Brown, 6300 31st Ave. N. Robert Hardt, 3109 Douglas Drive Matt LaBissoniere, 3120 Douglas Drive Mr. Abel, 3030 Douglas Drive Bob Dvorak, 3046 Douglas Drive Moved by Commissioner Plasencia and seconded by Commissioner Feyereisen to recommend to the City Council to approve Appli- cations #79-64 & #79-65, as submitted by H. Norman Nafstad, for rezoning property located in the vicinity south of 32nd Ave. and west of Brunswick Ave. described as follows: From R-1 District (single family residential) to R. -O District (high density residential -office) - The north 310.00 feet of Parcel A :described below; and From R-1 District (single family residential) to R-4 District (high density residential) - That part lying south of the north 310.00 feet of Parcel A described below. PARC CF. T. A That part of Lots 25, 26, 27, 28, 29 and 30, Sunnybrook Acres and that part of McKee's Bel Aire Addition, according to the recorded plats thereof, described as follows: Beginning at the southeast corner of Lot 1, Block 1, said McKee's Bel Aire Addition; thence west along the south line thereof to the southwest corner of Lot 1, February 11, 1980 - continued Block 2 said McKee's Bel Aire Addition; thence north along the west line of said Lot 1 and its northerly extension to the north line of said McKee's Bel Aire Addition; thence east along said north line to the intersection with the southerly extension of the east line of Roeber's Addition; thence north along said extension and east line of Roeber's Addition and its northerly extension to the north line of said Lot 27; thence west along said north line to the east line of Douglas Drive; thence north along said east line to the north line of the south one acre of that part of said Lot 26 which lies west of the east 4 acres thereof; thence east along said north line to the intersection with the east line of the west 150.00 feet of said Lot 26; thence north along said east line and its northerly extension to the south line of north half of said Lot 25; thence east along said south line, to the west line of Brunswick Avenue; thence south along said west line to the north line of said McKee's Bel Aire Addition; thence west along said north line to the intersection with the northerly extension of the east line of said Lot 1, Block 1, McKee's Bel Aire Addition; thence south along said extension and said east line to the point of beginning. The findings of fact are: land is unsuited for single family development; this particular plan is feasible in that it is on a main arterial street; additional traffic should have a minimal effect; follows the comprehensive plan. Motion carried. 2. Chairman Elsen declared this was the time and the place as advertised for a public hearing to consider Application #79-63, as submitted by Norman A. Ganz, for rezoning from B-3 District (auto -oriented commercial) to I-1 District (warehousing and light industrial) Tract B, Registered Land Survey #762, 5501 Yates Ave. North. Norman A. Ganz indicated he is asking for the rezoning so he can build a 28'x48' unheated storage building on the property. Those persons present and heard were: Dennis Pickering, 5716 Wilshire Blvd. Moved by Commissioner Peters and seconded by Commissioner Plasencia to recommend to the City Council to approve Appli- cation #79-63 as submitted by Norman A. Ganz to rezone from B-3 District(auto oriented commercial) to I-1 District (ware- housing and light industrial) Tract B, Registered Land Survey No. 762, 5501 Yates Ave. North. The findings of fact are: would not downgrade neighborhood; the size of property not large enough to create any problems for anyone moving in there; it wouldn't be large enough for a number of employees to come and go; think it is compatible and would not create any problems. February 11, 1980 - continued By roll call and voting aye: Feyereisen, Magnuson, Melich, Peters and Plasencia; voting no: Neubarth, Nystrom and Schmidt. Motion carried 5 to 3. 3. Jamey Viger of Decor Builders Inc. appeared regarding Variance Applications #80-1, #80-2 & #80-3 to expand a non -conforming use (existing attached garage encroaches 17 ft. in the required 40 ft. rear yard setback and 4.5' in the side street setback) and to vary the side street side yard and rear yard requirements to allow an addition to the existing attached garage at 4601 Louisiana 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 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. 3a(ii), to grant a variance of 4.5' in the required 25 ft. side street side yard setback; and Section 515.13, Subd. 4a, to grant a variance of 29 ft. in the required 40 ft. rear yard setback to allow a 12'x22' addition to the existing attached garage at 4601 Louisiana Ave. North, Lot 8, Block 1, Ostman's 7th Addition, as submitted in Applications #80-1, #80-2 & #80-3 of LaVerne D. Lien. The findings of fact are: apparent harmless expansion of existing usage; typical corner lot that we have been wrestling with; we have approved many others. Motion carried. Moved by Commissioner Schmidt and seconded by Commissioner Peters to adjourn. Motion carried. Chairm Elsen Secretary Neubarth MARCH 10, 1980 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Elsen, Feyereisen, Magnuson, Melich, Neubarth,.Nystrom, Peters, Plasencia, Ryan, Schmidt; also present were Planning Consultants Peterson and Sher- burne. Moved by Commissioner Feyereisen and seconded by Commissioner Peters to approve the minutes of the February 11, 1980 meeting. Motion carried. 1. The City Council at their 2/19/80 meeting considered the rezon- ing of property south of 32nd Ave. between Brunswick Ave. and Douglas Drive, from R-1 to R -O and R-1 to R-4 as requested by H. Norman Nafstad. They referred the rezoning requests back to the Planning Commission to review the project in light of the change in property description and the elimination of access onto Douglas Drive. Henry Stenquist was present, representing the applicant. Moved by Commissioner Peters and seconded by Commissioner Plasencia to confirm the original recommendation to approve the rezoning. The driveway entrance onto Douglas Drive at about 30th Ave. is not overly important or desirable in that it may create traffic problems rather than alleviate problems. Motion carried. 2. A. T. Gearman appeared regarding Application #80-6 for rezoning from R-1 District (single family residential) to R-4 District (high density residential) property located east of 3246 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, April 14, 1980, to consider the request of A. T. Gearman in Application #80-6 to rezone from R-1 District (single family residential) to R-4 District (high density residential) Lots 1 thru 6, Block 1, Crystal Terrace Addition, property located east of 3246 Douglas Drive. Motion carried. 3. Richard C. Kauffmann of Village Builders appeared regarding Variance Applications #80-7, #80-8, #80-9 & #80-10 for Lots 1 thru 8, Block 1, Morningside Estates 6th Addition located in the vicinity of Valley Place & Nevada Ave. The zoning code requires that off-street parking shall be on the same lot and under the same ownership as the principal use (Section 515.09, Subd. 6a); that the parking area shall not be closer than 5' to any lot line (Section 515.09, Subd. 4h-15); and that curb openingsshall be not less than 3' from the side lot line (Section 515.09, Subd. 4h-7). March 10, 1980 - continued Moved by Commissioner Schmidt and seconded by Commissioner Nystrom that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to allow: parking area to be off-site; parking area closer than 5' to property line; and curb opening closer than 3' to a side lot line on Lots 1&2, 3&4, 5&6 & 7&8, Block 1, Morningside Estates 6th Addi- tion, as requested in Applications #80-7, #80-8, #80-9 & #80-10 of Village Builders. The findings of fact are: It is the feasible way of getting the most for the money out of the area. By roll call and voting aye: Nystrom, Plasencia and Schmidt; voting no: Feyereisen, Magnuson, Melich, Neubarth, Peters and Ryan. Motion lost 6 Ln 3. Moved by Commissioner Neubarth and seconded by Commissioner Magnuson to recommend to the City Council to deny Variance Applications #80-7, #80-8, #80-9 & #80-10 of Village Builders for Lots 1&2, 3&4, 566 & 7&8, Block 1, Morningside Estates 6th Addition. The findings of fact are: Financing is the only reason for the request; cross easements are not desirable; and the motion to approve failed. By roll call and voting aye: Feyereisen, Magnuson, Melich, Neubarth, Peters and Ryan; voting no: Nystrom, Plasencia and Schmidt. Motion carried 6 to 3. .1. Richard C. Kauffmann withdrew his request for tentative approval of proposed plat MORNINGSIDE ESTATES 7TH ADDITION located in the vicinity of Valley Place & Nevada Ave. Moved by Commissioner Schmidt and seconded by Commissioner Ryan to adjourn. Motion carried. Chairma lsen Secretary Neubarth APRIL 14, 1980 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Elsen, Feyereisen, Magnuson, Melich, Neubarth, Nystrom, Peters, Plasencia; also present were Planning Consultants Peterson and Sherburne and Recording Secretary Borrell. Moved by Commissioner Neubarth and seconded by Commissioner Magnuson to approve the minutes of the March 10, 1980 meeting. Motion carried. L. Chairman Elsen declared this was the time and the place as advertised for a public hearing to consider Application #80-6 as submitted by A. T. Gearman to rezone property located east of 3246 Douglas Drive. A. T. Gearman was present. Moved by Commissioner Plasencia and seconded by Commissioner Nystrom to recommend to the City Council to approve Application #80-6 as submitted by A. T. Gearman to rezone from R-1 District (single family residential) to R-4 District (high density residential) Lots 1 thru 6, Block 1, Crystal Terrace Addition, property located east of 3246 Douglas Drive. The findings of fact are: Colorado Ave. is not likely to be constructed in the foreseeable future; the nature of the soil increases the cost of construction; R-4 zoning is the best use for this particular parcel of land. Motion carried. 2. Kent Moses of Miller Dunwiddie, Architects, appeared regarding a building permit for an addition to the Administration Building for offices for M.A.C. at the Crystal Airport. Moved by Commissioner Feyereisen and seconded by Commissioner Peters to recommend to the City Council to approve authorization to issue building permit #2280 to Miller Dunwiddie, Architects, for a 16'x58' addition to the Administrative Building for offices for M.A.C. at the Crystal Airport, subject to standard procedure. Motion carried. The Commission considered tentative approval of proposed plat DORIANS 2ND ADDITION located at 5636 Lakeland Ave. North. Applicant --Phil Eder. Moved by Commissioner Nystrom and seconded by Commissioner Magnuson to recommend to the City Council to grant tentative approval of DORIANS 2ND ADDITION which is a replat of the South 6.00 feet of Lot 53 and all of Lots 54, 55 & 56, Auditor's Subdivision No. 328, 5636 Lakeland Ave. North. Motion carried. �17 April 14, 1980 - continued 4. Donald E. Swenson appeared regarding Application #80-12 for rezoning property located at 5810 0 -6th Ave.. North from R-1 District (single family residential) to B-2 District (]_imited commercial). The following persons identified themselves and were heard: Daniel Olson, 5636 Zane Ave. Mildred Rambow, 5809 56th Ave. Gary Gundlach, 5757 Adair Ave. Helen Olson, 5630 Zane Ave. Moved by Commissioner Neubarth and seconded by Comsnissione_r_ Feyereisen to set a public hearing before the Planning Commission at 7:30 p.m., or as soon thereafter as the matter may be heard, May 12, 1980, to consider the request of Donald F. Swenson in Application #80-12 to rezone from R-1 District (single family residential) to B-2 District (limited commercial), Tract D except the North 60 ft. of the East 10 ft., Registered Land Survey #468, 5810 56th Ave. North. Motion carried. 5. Douglas Chapman appeared regarding Application #80-13 requesting a variance to allow an air conditioner condenser to be located in side yard of dwelling at 4617 Zane Ave. North. Moved by Co_rmissioner Plasencia and seconded by Cominissioner Nystrom that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the stric-:. application of Section 515.07, Subd. 5--d, to allow an air_ con- ditioner condenser to be located in side yard of dwelling at 4617 Zane Ave. North, Plat #54109, Parcel #4050, as requested in Application #80-13 of Douglas Chapman, owner. The findings of fact are: the air conditioner was installed in error; don't think it warrants the cost of moving it in order to comply with ordinance. Motion carried. 6. Michael Halley of Halley Land Corporation appeared re(ar_ding tentative approval of proposed plat VILLAGES I!d CRYSTAL located north of Soo Line Railroad between Quail & Vera Cruz Ave. Moved by Commissioner Neubarth and seconded by Commissioner Nystrom to recommend to the City Council to grant tentative approval of the proposed plat VILLAGES IN CRYSTAL which is unplatted. property located north of Soo Line Railroad between Quail & Vera Cruz Ave., Plat #54109, Parcel ti#321. Motion carried. 7. Michael Halley & J_m.es Thul of I -'-alley Land. Corporation, and Richard Drier & Jim £enshoof of Planning & Encin.ec!ri_ng Co., appeared regarding building permits for multi -family housing located north of Soo Line Railroad between Quail & Vera CrU.T Ave. The proponents 8-plexes with garages. The heard: April 14, 1980 - continued presented plans to build 148 units, thirteen detached garages and eleven 4-plexes with attached following persons identified themselves and were Ed Thonander, 5409 53rd Ave. Rose Braden, 5315 53rd Ave. Al Wagner, 5409 Scott Ave. Bob Barton, 5303 54th Ave. Spencer Wolff, 5103 53rd Ave. Merle Bouley, 5003 53rd Ave. Linda Shearer, 5015 53rd Ave. Jean Atkinson, 5550 Toledo Ave. Dave Johnson, 5221 53rd Ave. Al Lundgren, 5519 Vera Cruz Al Marfiz, 5115 53rd Ave. Ken Cogswell, 5215 Regent Ave. Tom Kammeier, 5550 Vera Cruz Ave. Barbara Skelton, 5211 54th Ave. Eleanor Beadle, 5508 54th Ave. Liz Reid, 5417 Vera Cruz Ave. Gary Gundlach, 5757 Adair Ave. Carl Carlson, 5566 Unity Ave. Norman Reid, 5417 Vera Cruz Ave. John Malnati, 4927 53rd Ave. Lynn Miedema, 5542 Vera Cruz Ave. K. Horwig, 5320 Quail Ave. There was considerable discussion regarding traffic, rezoning to R-1, park land acquisition, environmental assessment worksheets, and traffic studies. _moved by Commissioner Peters and seconded by Commissioner Melich to table until the May 12th meeting, to provide time for further study of park acquisition and traffic, the request of Halley Land Corporation to authorize issuance of building permits for multi -family housing on property located north of Soo Line Rail- road between Quail & Vera Cruz Ave. (proposed Lot 1, Block 1, Villages in Crystal). Motion carried. f The Commission considered tentative approval of proposed plat WINNETKA INDUSTRIAL CENTER located at 32nd Ave. and Winp_ark Drive. Applicant--M-M Development Corp. Moved by Commissioner Nystrom and seconded by Commissioner Magnuson to recommend to the City Council to grant tentative approval of proposed plat WINNETKA INDUSTRIAL CENTER which is a replat of Lot 1, Block 3, and Outlot 1, Winnetka Industrial Park, 32nd and Winpark Drive. Motion carried. ?. The Commission considered Application #80-15 submitted by Antler Corporation for a conditional use permit to allow an addition and remodeling to the existing building (Arby's Roast Beef) at 5629 West Broadway. Moved by Commissioner Feyerei.sen and seconded by Commissioner Melich to set a public hearing before the Planning Commission at 7:30 p.m., or as soon thereafter as the matter may be heard, May 12, 1980, to consider the request of Antler Corporation in April 14, 1980 - continued Application #80-15 for a conditional use permit (Section 515.35, Subd. 4-a) to allow an addition and remodeling to the existing building at 5629 West Broadway, Lot 1, Block 1, Design Associates Addition. Motion carried. Moved by Commissioner Peters and seconded by Commissioner Magnuson to adjourn. Motion carried Cha 'an Elsen Secretary Neubarth �'o %Y 12, 1980 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Elsen, Magnuson, Melich, Neubarth, Nystrom, Peters, Ryan, Schmidt; the following were absent: Feyereisen and Plasencia; also present were Planning Con- sultants Peterson and Sherburne and Recording Secretary Borrell. moved by Commissioner Peters and seconded by Commissioner Magnuson to approve the minutes of the April 14, 1980 meeting. Motion carried. I. Chairman Elsen declared this was the time and the place as advertised for a public hearing to consider Application #80-12 as submitted by Donald E. Swenson to rezone property located at 5810 56th Ave. North. Mr. Swenson indicated he is asking for the rezoning so he can remodel the existing dwelling into a beauty shop. The following persons identified themselves and were heard: Donald & Bobbi Swenson, D & B Hair Design Larry & Sherri Andresen, 5810 56th Ave. Rick Digatono, Real Estate 10 James & Wanda Heath, 5624 Zane Ave. Gary Gundlach, 5757 Adair Ave. Helen Olson, 5630 Zane Ave. Bruce Johnson, 5641 Adair Ave. Tom Nolan, 5612 Adair Ave. Bob Miller, 5708 56th Ave. Dan & Sue Olson, 5636 Zane Ave. John Malnati, 4927 53rd Ave. Linda Sladek, 5648 Zane Ave. Carl Werman, 5617 Yates Ave. Mr. & Mrs. Odie Germundson, 5802 56th Ave. Ronald Gallus, 5649 Zane Ave. Al Wagner, 5409 Scott Ave. Jane Atkinson, 5550 Toledo Ave. H. Bishop, 5600 Vera Cruz Ave. Don Swadek, 5648 Zane Ave. Gerald Mosley, owner of 5901 56th Ave. There was discussion regarding traffic iii the neighborhood, zoning in area and parking problems. Moved by Commissioner Ryan and seconded by Commissioner Magnuson to recommend to the City Council to deny Application #80-12 as submitted by Donald E. Swenson to rezone from R-1 District (single family residential) to B-2 District (limited commercial) and legally described as Tract D except the North 60 ft. of the East 10 ft. of Registered Land Survey #468, 5810 56th Ave. North. The findings of fact are: spot zoning, there is no need for additional strip commercial zoning; adverse impact on neighbor- hood. Motion carried. May 12, 1980 - continued 2. Chairman Elsen declared this was the time and the place as advertised for a public hearing to consider Application #80-15 as submitted by Antler Corporation for a conditional use permit to allow an addition and remodeling to the existing building (Arby's Roast Beef) at 5629 West Broadway. The following identified themselves and were heard: Linda Fisher, Attorney representing Design Associates Charles Nadler of Arby's Dan Liemandt Al Schreiber John Schaaf, member of City Council There was discussion regarding non -conforming use and the Interim Zoning Ordinance. Moved by Commissioner Peters and seconded by Commissioner Neubarth to recommend to the City Council to approve Appli- cation #80-15 as submitted by Antler Corporation for a condi- tional use permit to remove the non --conforming status of the property as it e2xists today, said property being 5629 West Broadway, Lot 1, Block 1, Design Associates Addition. The findings of fact are: the building is existing and we see no problem. Motion carried. Moved, by Commissioner Schmidt and seconded by Commissioner Ryan to recommend to the City Council to consider a variance and authorize issuance of a building permit. Motion carried. 3. Richard Krier of Westwood Planning & Engineering Co. and Michael Halley of Halley Land Corporation appeared regarding building permits for multi -family housing located north of Soo Line Railroad between Quail & Vera Cruz Ave. which was tabled at the April 14th Planning Commission meeting. There was discussion regarding traffic, rezoning to R-1, financing of project, environmental assessment work sheets, park acquisition, and traffic delay. Moved by Commissioner Magnuson and seconded by Commissioner Melich to recon -rend to the City Council to deny authorization to issue building permits to Halley Land Corporation for multi- family housing on property located north of Soo Line Railroad between Quail & Vera Cruz Ave. (proposed Lot 1, Block 1, Villages in Crystal). The findings of fact are: We do have a traffic problem and until the City can find some way to take care of congestion of traffic at Bass Lake Road and Highway 52 and keep minimum of traffic on residential streets to what State requires, we should deny building permits until something is done with this traffic congestion. 51q, May 12, 1980 - continued By roll call and voting aye: Magnuson, Melich, and Schmidt; voting no: Neubarth and Nystrom Motion Peters, Ryan carried 5 Lo 2. �1. The Commission considered Variance Application #80-16 to permit an expansion of a non -conforming use, said non -conformity being created because of a single family residence in a B-4 District, to allow the construction of a detached garage at 5256 West Broadway. No one appeared. Moved by Commissioner Schmidt and seconded by Commissioner Ryan to table Variance Application #80-16 as submitted by Clemons Steichen to permit an expansion of a non -conforming use at 5256 West Broadway to allow the applicant to appear and explain what he proposes to do. Motion carried. S. John R. Schaaf Jr. appeared regarding Variance Application #80-17 to permit an expansion of a non -conforming use to allow the construction of a deck at 4908 Quail Ave. North. Moved by Commissioner Schmidt 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 515.45, Subd. 2, to expand a non -conforming use, said non -conformity being the detached garage encroaches upon the front half of the lot (Section 515.07, Subd. 5c-1), to allow the construction of a 12'x20' deck at 4908 Quail Ave. North, Lot 4 and South 1/2 of Lot 3, Block 6, Twin Lake Shores Addition as submitted by John R. Schaaf Jr. in Variance Application #80-17. The findings of fact are: reasonable improvement to property. Motion carried. 6. The Commission considered a building permit I -or an airplane hangar on leased Lot 60-C, Crystal Airport. Moved by Commissioner Peters and seconded by Commissioner Schmidt to recommend to the City Council to approve authorization to issue building permit #2369 to Ralph Nadeau for a 44'x32' airplane hangar on leased Lot 60-C, Crystal Airport, subject to standard procedure. Motion carried. 7. The Commission considered a building permit 1'or an airplane hangar on leased Lot 60-D, Crystal Airport. Moved by Commissioner Neubarth and seconded by Commissioner Melich to recommend to the City Council to approve authorization to issue building permit #2367 to Ralph Nadeau for a 44'x32' airplane hangar on leased Lot 60-D, Crystal Airport, subject to standard procedure. Motion carried. °7:- r' 12, 1980 - continued 8. Mrs. Wilfred G. Scheiller appeared regarding Variance #80-18 to permit an expansion of a non -conforming use the construction of a deck at 4614 Zane Ave. North. Application to allow 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 515.05, Subd. 2, to expand a non -conforming use, said non -conformity being the house encroaches 2.4' in the front yard setback, to construct a 121x24' deck at 4614 Zane Ave. North, legally described as the South 75 ft. of Lot 8, Block 3, Paradise Park Addition, as submitted by Wilfred G. Scheiller in Variance Application #80-18. The findings of fact are: all the houses are setback about the same in the block; seem to have plenty of room; won't cause a problem. Motion carried. 9. Stanley J. Wodziak of Palace Inn appeared regarding Variance Applications #80-20, #80-21 & #80-22 to expand a non -conforming use and to vary the front yard setback requirements at 5607 West Broadway. Moved by Commissioner Peters and seconded by Commissioner Magnuson 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 expand a non- conforming use by remodeling interior and exterior, said non- conformity being the existing building encroaches 17.8' in the required 22' front yard setback; also vary the required 22' front yard setback for a Mansard roof to encroach 22' and bay windows to encroach up to 19' in the front yard setback (Section 515.13, Subd. 2(b), at 5607 West Broadway, Lot 1, Block 1, Brisky Addition, as submitted by Stanley J. Wodziak in Variance Appli- cations #80-20, #80-21 & #80-22. The findings of fact are: improvement to the property; see no problems. Motion carried. 10. Jim Merrill of Jim Merrill Construction Co. and Bill Nicklow appeared regarding a building permit for general remodeling to the existing building at 6615 56th Ave. North. Moved by Commissioner Peters and seconded by Commissioner Ryan to recommend to the City Council to approve authorization to issue building permit #2403 to Jim Merrill Construction Co. for general remodeling to the existing building at 6615 56th Ave. North, Lot 2, Ahrens Addition, subject to standard procedure. Motion carried. May 12, 1980 - continued 11. Moved by Commissioner Ryan and seconded by Commissioner Schmidt to set a public hearing before the Planning Commission at 7:30 p.m., or as soon thereafter as the matter may be heard, June 9, 1980, to consider Enacting an Interim Zoning Ordinance; and Declaring a Moratorium on Certain Development Within a Certain Area of the City. Motion carried. Moved by Commissioner Peters and seconded by Commissioner Melich to adjourn. Motion carried. Cha' man Elsen Secretary Neubarth JI'N7. 9, 1980 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Elsen, Eeyereisen, Magnuson, Melich, Neubarth, Peters and Schmidt; the following were absent: Nystrom, Plasencia and Ryan; also present were Planning Consultants Peterson and Sherburne and Recording Secretary Bye. Moved by Commissioner Peters and seconded by Commissioner Melich to approve the minutes of the May 12, 1980 meeting. Motion carried. 1. Chairman Elsen declared this was the time and the place as advertised, for a public hearing to consider enacting an Interim Zoning Ordinance; and declaring a moratorium on certain develop- ment in the Bass Lake Road/Becker Park area. Doug Sinclair of Paster Enterprises was present and heard. Moved by Commissioner Feyereisen and seconded by Commissioner Schmidt to recommend to the City Council to approve enacting an Interim Zoning Ordinance; and declaring a moratorim on certain development within a certain area of the City described as follows: Commencing at the SW corner Lot 1, Block 1, Crystal State Bank Addition; thence Nly to the SE corner Lot 1, Block 1, Palmer Addition; thence Wly to SW corner said Lot 1; thence Nly to the NW corner Lot 1, Block 1, Holmquist Addition; thence Wly to the SW corner Lot 1, Block 1, Tschudy Addition; thence Nly to NW corner said Lot 1; thence Ely to NE corner Lot 7, Block 3, Mork -Campion Addition; thence Sly to SE corner said Lot 7; thence Wly to NE corner Lot 5, Cloverdale Acres; thence Sly to SLS corner said Lot 5; thence Ely to centerline Hampshire Ave.; thence Sly to centerline 57th Ave. thence Ely to center- line Hampshire Ave.; thence Sly to centerline Brentwood Ave.; thence Ely to Wly line of Lot 2, Block 1, Blakebor ugh Addition; thence Nally to Wly corner Lot 9, Bloch 1, Kersey Manor; thence NEly to Forth, corner- said Lot 9 thence SEly along the Wly r/w line of Burlington Northern Railroad r/w to SEly c+oi7ner Lot 1, Block 1, Timesavers 4th Addition; thence along the Sly boundary of said Lot 1, to the Wly corner Lot 2,, Block 1, Timesavers 3rd Addition; thence SW1y to Sly corner Block 4, Hanson's Addition; thence Sly to centerline 53rd Ave.; thence Wly to centerline Edgewood Ave., thence lily to centerline 54th Ave . ; thence Wly to the East line Louisiana Ave.; thence Nly to NW corner Lot 1, Black 3, Murray Lane 5th Addition; thence Ely to NE corner said Lot 1,; thence Nly to South line Lot 1, Block 1, Crystal State Bank Addition; thence Wly to beginning. Motion carried. 2. Clemons Steichen appeared regarding Variance Application #80-16 to permit an expansion of a non -conforming use to allow the con- struction of a detached garage at 5256 West Broadway which was tabled at the May 12th meeting to allow the applicant to appear and explain what he proposes to do. June 9, 1980 - continued Moved by Commissioner Neubarth and seconded by Commissioner Peters that pursuant to Section 515.55 of the Crystal City Code to recom- mend to the City Council to vary or modify the strict application of Section 515.05, Subd. 2, to expand a non -conforming use, said non -conformity being created because of a single family residence in a B-4 District, to allow the construction of a 321x24' detached garage at 5256 West Broadway, Lot 15, Block 2, Hanson's Addition, as requested in Application #80-16 of Clemons Steichem, subject to a 10' alley easement. The findings of fact are: A man should be entitled to a garage to store his vehicles; no harm to existing property; building is an improvement to the property; future use is commercial and this property has commercial zoning. By roll call and voting aye: Magnuson, Melich, Neubarth and Peters; voting no: Feyereisen and Schmidt. Motion carried 4 to 2. 3. Mrs. Donald Gonnella appeared regarding Variance Application #80-23 to vary the front yard setback at 4515 Welcome Ave. North. Moved by Commissioner Feyereisen and seconded by Commissioner Neu- barth 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. 2-a, to allow a bay window to encroach 5" in front yard setback at 4515 Welcome Ave. North, Lot 3, Block 2, West Lilac Terrace 3rd Unit, as requested in Application #80-23 of Donald Gonnella. The findings of fact are: this is a harmless encroachment. Motion carried. 4. Allan Thompson appeared regarding Variance Application #80-24 to permit an expansion of a non -conforming use to allow the construction of a 2 -story addition to the house and a deck at 4308 Xenia Ave. North. Moved by Commissioner Schmidt and seconded by Commissioner Feyereisen that pursuant to Section 515.55 of the Crystal City Code to recom- mend to the City Council to vary or modify the strict application of Section 515.05, Subd. 2, to expand a non -conforming use, said non -conformity being created because of 45.5' lot width and eistinq house encroaches 7'10" in front yard setback, to allow the con- struction of a 241x12' 2 -story addition and a 24'x12' deck at 4308 Xenia Ave. North, Lot 12, Block 2, Robbinsdale Home Gardens 2nd Addition, as submitted by Allan Thompson in Variance Application #80-24. The findings of fact are: improvement to property; good deep lot, although narrow. Motion carried. L June 9, 1980 - continued 5. Hy Weingarden had requested a building permit for an airplane hangar on leased Lot 70-D, Crystal Airport. Moved by Commissioner Peters and seconded by Commissioner Melich to recommend tc the City Council to approve authorization to issue building permit #2439 to Hy Weingarden for a 49:1x86' airplane hangar on leased Lot 70-D, Crystal Airport, subject to standard procedure. Motion carried. 6. Myron Roggemann of Crystal Barbers appeared regarding a change of use at 5249 Douglas Drive to allow remodeling to the existing building. Moved by Commissioner Feyereisen and seconded by Commissioner Magnuson to recommend to the City Council to approve authorization to issue building permit 42437 to Crystal Barbers for general remodeling to the existing building to allow a change of use at 5249 Douglas Drive, Lot 2, Block 1, Whitefield Addition, subject to standard procedure. Motion carried. 7. Eunice Pitmon, daughter of Mathilda C. Pitmon, appeared regarding Application #80-26 for rezoning property located at 3.139 Vera Cruz Ave. North from p-1 District (single family residential) to B-4 District (community commercial). Moved by Commissioner Schmidt and seconded by Commaissioner Neubarth to set a public hearing before the Planning Commission at 7:30 p.m., or as soon thereafter as the matter may be heard, July 14, 1980, to consider the request of Mathilda C. Pitmon in Application #80-26 to rezone from R-1 District (single family residential) to B-4 District (community commercial), East 1/2 of North 1/2 of Lot 14, Sunnybrook Acres, 3139 Vera Cruz Ave. North. Motion carried. 8. Stanley Wodziak of Palace Inn appeared regarding a building permit for phase one remodeling interior and exterior of existing building at 5607 West Broadway. Moved by Commissioner Neubarth and seconded by Commissioner Magnuson to recommend to the City Council to approve authorization to issue building permit #2486 to Stanley Wodziak for phase one remodeling interior and exterior of building at 5607 West Broadway, Lot 1, Block 1, Brisky Addition, subject to standard procedure. Motion carried. 9. William Jensen of Minneapolis Elks Lodge #44 appeared regarding Variance Application #80-28 to permit an expansion of a non- conforming use at 5410 Lakeland Ave. North (formerly Auto Auction). June 9, 1980 - continued 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 expand a non -conforming use, said non -conformity being encroachment of the building set- back, at 5410 Lakeland Ave. North, Lots 5 &6, Block 5, Boulevard Acres, as submitted by Minneapolis Elks Lodge #44 in Variance Application #80-28. The findings of fact are: harmless expansion of a non -conforming use; building already exists; plans are only to remodel and improve the looks. Motion carried. 10. Jon R. Horkey and Phillip Johnson appeared regarding Variance Application #80-30 to expand a non -conforming use to allow the eventual erection of a storage building at 5170 West Broadway. The site is non -conforming because of the operation of uses which are not permitted in an I-2 Zoning District. Moved by Commissioner Schmidt and seconded by Commissioner Magnu- son 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 to allow the eventual erection of a 281x50' storage building at 5170 West Broadway, Plat #54109, Parcel #2500, as submitted by Jon R. Horkey in Variance Application #80-30. The findings of fact are: harmless modification of strict appli- cation of the code. By roll call and voting aye: Magnuson, Melich, Neubarth, Peters and Schmidt; voting no: Feyereisen. Motion carried 5 to 1. l'. The City Council at their May 20th meeting referred the question of rezoning property located north of Soo Line Railroad between Quail and Vera Cruz, lying south of Murray Lane 8th Addition, to the Planning Commission to consider changing the zoning from, R-4 District (high density residential) to R-1 District (single family residential) and to consider possible corresponding changes in the Comprehensive Plan. The following persons identified themselves and were heard: Rose Braden, 5315 53rd Ave. North; Bob Barton, 5303 54th Ave. North. Moved by Commissioner Feyereisen and seconded by Commissioner Neubarth to recommend to the City Council to deny consideration to rezone property located north of Soo Line Railroad between Quail and Vera Cruz, lying south of Murray Lane 8th Addition, in that the current zoning is proper. June 9, 1980 - continued The findings of fact are: Comprehensive plan is proper and has been restudied in 1978 and 1979 in the process of being updated by the Planning Commission and City Council; the current zoning is proper to the site; and effort should be made towards imple- menting the Comprehensive Plan in order to resolve the traffic problems in the area. By roll call and voting aye: Feyereisen, Neubarth, Peters and Schmidt; voting no: Magnuson and Melich. Motion carried 4 to ?. 12. A public hearing to consider the Comprehensive Plan update was set for 7:30 p.m., or as soon thereafter as the matter may be heard, July 14, 1980 meeting. Moved by Commissioner Feyereisen aiid seconded by Commissioner Magnuson to adjourn.. Motion carried. Chairj46n Elsen fi Secretary Neubarth 1A JULY 14, 1980 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Elsen, Feyereisen, Magnuson, Neubarth, Nystrom, Peters, Plasencia and Ryan; the follow- ing were absent: Melich and Schmidt; also present -were Building Inspector Peterson, City Engineer Sherburne and Recording Secretary Borrell. Moved by Commissioner Peters and seconded by Commissioner Feyereisen to approve the minutes of the June 9, 1980 meeting. Motion carried. 1. Chairman Elsen declared this was the time and the place as adver- tised for a public hearing to consider Application #80-26 as submitted by Mathilda C. Pitmon to rezone from R-1 District (single family residential) to B-4 District (community commercial) property located at 3139 Vera Cruz Ave. North. The following persons identi- fied themselves and were heard: Eunice Pitmon, daughter of Mathilda C. Pitmon Richard & Jackie Biron, 3111 Vera Cruz Ave. John & Jane Buxell, 3148 Welcome Ave. Resident, 3131 Vera Cruz Ave. Roger Evans, 5603 32nd Ave. Kevin Schiffler, 3117 Welcome Ave. Timothy Thorbus, 3133 Welcome Ave. Moved by Commissioner Feyereisen and seconded by Commissioner Magnuson to recommend to the City Council to deny Application #80-26 as submitted by Mathilda C. Pitmon to rezone from R-1 District (single family residential) to B-4 District (community commercial) East 1/2 of North 1/2 of Lot 14, Sunnybrook Acres, 3139 Vera Cruz Ave. North. The findings of fact are: Would not be in keeping with Comprehensive Plan; Would constitute spot zoning. Motion carried. 2. Chairman Elsen declared this was the time and the place as advertised for a public hearing to consider the Comprehensive Plan Update - Policy Plan/Development Framework for the City of Crystal. Dave Licht, City Planning Consultant, was present. The plan as presented was modified as follows: p. 85 - Winnetka Ave. to be changed to a Minor arterial instead of Collector street; p. 42, No. 6, third line, should read "promote and protect the installation and use of solar/alternate energy systems." Moved by Commissioner Feyereisen and seconded by Commissioner Magnuson to approve the Comprehensive Plan Update - Policy Plan/ Development Framework for the City of Crystal and recommend its adoption to the City Council. Motion carried. �l July 14, 1980 - continued 3. Louis A. Billodeau appeared regarding Variance Application #80-33 to expand a non -conforming use, said non -conformity being the existing attached garage encroaches 3' in the required 40' rear yard setback, at 3102 Idaho Ave. North. Moved by Commissioner Ryan 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 515.05, Subd. 2, to allow the expansion of a non -conforming use to permit a 14'x14' deck to be constructed at 3102 Idaho Ave. North, Lot 5, Block 1, Sandblade's 2nd Addition, as requested in Application #80-33 of Louis A. Billodeau. The findings of fact are: if the garage wasn't there, a variance would not be needed. Motion carried. 4. Roger C. Hedlof appeared regarding Variance Application #80-34 to relocate an air conditioner condenser from the rear yard to side yard of dwelling at 5749 Pennsylvania Ave. North because of a proposed 301x24' addition to the rear of the existing house . Moved by Commissioner Feyereisen and seconded by Commissioner Neubarth to deny Variance Application #80-34 to allow an air conditioner condenser to be relocated in side yard of dwelling at 5749 Pennsylvania Ave. North, Lot 2, Block 2, Murray Lane 3rd Addition, as requested in Application #80-34 of Roger G. Hedlof. The findings of fact are: The circumstances would not justify setting a precedent for this condition. Motion carried. 5. E. W. Dooley of E. W. Dooley Construction Co. appeared regarding Variance Application #80-36 to expand a non -conforming use, said non -conformity being the existing house encroaches 2.25' in the required 24' side street side yard setback, at 5300 Georgia Ave. North. Moved by Commissioner Plasencia and seconded by Commissioner Nystrom that pursuant to Section 515.55 of the Crystal City Code to recom- mend 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 141x16' addition to the existing house at 5300 Georgia Ave. North, Lot 8, Block 1, Becker's 2nd Addition, as requested in Application #80-36 of Lionel L. Labat, owner_. The findings of fact are: The addition is conforming; The non -conforming use existed prior to this building addition. Motion carried. July 14, 1980 - continued 5. The City Council at their June 17th meeting referred to the Planning Commission consideration of the inclusion of amuse- ment arcades as an allowable use within the B-4 zoning classi- fication. Moved by Commissioner Plasencia and seconded by Commissioner Ryan to recommend to the City Council to include the inclusion of amusement arcades as an allowable use in Section 515.37, Subd. 2, in the B-4 zoning classification with a conditional use in the B-4 zoning. By roll call and voting aye: Magnuson, Nystrom, Peters, Plasencia and Ryan; voting no: Feyereisen and Neubarth. Motion carried 5 to 2. 7. A representative from Snyder Drug Store appeared regarding the request to vary the requirements of the Interim Zoning Ordinance to allow remodeling in the pharmacy area of the Snyder Drug Store at 103 Willow Bend. Moved by Commissioner Neubarth and seconded by Commissioner Nystrom to recommend to the City Council to approve the request of Kraus -Anderson Building Co. in Variance Application #80-37 to waive the building permit moratorium requirement to allow interior remodeling at 103 Willow Bend, Lot 1, Block 1, Crystal Shopping Center Addition. Motion carried. 8. Al Salsberg of Thriftway Market and Gene Hostetler of Gordon - Robert -Peterson Design Associates appeared regarding the request to vary the requirements of the Interim Zoning Ordinance to allow an expansion and remodeling of their facility at 5715 West Broadway. Moved by Commissioner Feyereisen and seconded by Commissioner Neubarth to recommend to the City Council to approve the request of Thriftway Market in Variance Application #80-38 to waive the building permit moratorium requirement to allow remodeling and construction of a 72'x17' addition at 5715 West Broadway, Lot 1, Block 1, Salsberg 3rd Addition. Motion carried. 9.. Al Salsberg of Thriftway Market and Gene Hostetler of Gordon - Robert -Peterson Design Associates Inc. appeared regarding Variance Application #80-39 for offstreet parking requirements at 5715 West Broadway. Moved by Commissioner Peters and seconded by Commissioner Magnuson 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-t, to allow a variance of 7 additional parking stalls (23 stalls including previous variances) at 5715 West Broadway, Lot 1, Block 1, Salsberg 3rd Addition. July 14, 1980 - continued The findings of fact are: The need for 7 additional stalls is offset by the speed up in traffic movement which will.. be accom- plished by the improvement in the conveyor system and the movement of products and therefore will not create any problems. Motion carried. 100. Al Salsberg of Thriftway Market and Gene Hostetler of Gordon - Robert -Peterson Design Associates Inc. appeared regarding a building permit for remodeling and an addition to the existing building at 5715 West Broadway. Moved by Commissioner Peters and seconded by Commissioner Nystrom to recommend to the City Council to approve authorization to issue building permit #2569 to Thriftway Market for remodeling and a 7,'x17' addition to the existing building at 5715 West Broadway, Lot 1, Block 1, Salsberg 3rd Addition, subject to standard procedure. Motion carried. 11. Bill Nicklow and John Bulov appeared regarding Variance Application #80-40 to vary the requirements of the Interim Zoning Ordinance to allow remodeling and an addition to the existing building at 6621 56th Ave. North. Moved by Commissioner Feyereisen and seconded by Commissioner Plasencia.to recommend to the City Council to deny the request of Bill Nicklow to waive the building permit moratorium require- ment to allow a 13'x30' addition and remodeling to the existing building at 6621 56th Ave. North, Lot 1, Block 1, Ahrens Addition. The findings of fact are: The moratorium was intended to stop the enhancement of building in this particular target area. By roll call and voting aye: Feyereisen, Nystrom, Peters, Plasencia and Ryan; voting no: Magnuson and Neubarth. Motion carried 5 1:_n 2. A building permit for the above site was not considered because of the recommendation to deny. 1.2. Graphco Securities Inc. requested to vary the requirements of the Interim Zoning Ordinance to allow remodeling of their facility at 5616 West Broadway. Moved by Commissioner Peters and seconded by Commissioner Feyereisen to recommend to the City Council to deny the request of Graphco Securities Inc. in Application #80-41 to waive the building permit moratorium requirement to allow remodeling at 5616 West Broadway, Lot 1, Block 1, Graphco Securities Addition. The findings of fact are: The moratorium was intended to stop the enhancement of building in this particular target area. By Roll call and voting aye: Feyereisen, Magnuson, Nystrom, Peters, and Plasencia; voting no: Neubarth and Ryan. Motion carried 5 .L0 2. July 14, 1980 - continued 13. Graphco Securities Inc. requested to vary the requirements of the Interim Zoning Ordinance to allow remodeling of their facility at 5600-5610 West Broadway. Moved by Commissioner Feyereisen and seconded by Commissioner Plasencia to recommend to the City Council to deny the request of Graphco Securities in Application #80-42 to waive the building permit moratorium requirement to allow remodeling at 5600-5610 West Broadway, Lot 1, Block 1, Graphco Securities Addition. The findings of fact are: The moratorium was intended to stop the enhancement of building in this particular target area. By roll call and voting aye: Feyereisen, Magnuson, Nystrom, Peters and Plasencia; voting no: Neubarth and Ryan. Motion carried 5 to 2. 1.4. Leo Roehl appeared regarding Variance Applications #80-43, #80-44 & #80-45 to expand a non -conforming use, said non -conformity being the attached garage encroaches in the 25' side street side yard setback, and to vary the side street side yard and rear yard requirements to allow an addition to an attached garage at 4401 Vera Cruz Ave. North. Moved by Commissioner Magnuson 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; Section 515.13, Subd. 3-a, to grant a variance of 10' in the required 25' side street side yard setback; and Section 515.13, Subd. 4-a, to grant a variance of 4' in the required 40' rear yard setback, to allow a 121x22' addition to the attached garage at 4401 Vera Cruz Ave. North, Lot 2, Block 1, West Lilac Terrace Addition, as requested in Applications #80-43, #80-44 & #80-45 of Leo Roehl. The findings of fact are: Improvement to the property; no harm; nobody affected by it. By roll call and voting aye: Magnuson, Neubarth; Nystrom, Peters and Ryan; voting no: Feyereisen and Plasencia. Motion carried 5 to 2. 15. Patricia E. Bunders appeared regarding Variance Application #80-46 to expand a non -conforming use, said non -conformity being the existing garage encroaches 19.24' in the required 40' rear yard setback at 6000 46th Ave. North. Moved by Commissioner Nystrom and seconded by Commissioner Mag- nuson 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 18'x12' addition to be constructed connecting the house and garage at 6000 46th Ave. N., Plat #54109, Parcel #4950, as requested in Application #80-46 of Patricia E. Bunders. July 14, 1980 - continued The findings of fact are: The house and the garage are existing; the non -conformity is there; only connecting garage and house; harmless addition. Motion carried. lei. Chauncey F. Bixler appeared regarding Variance Application #80-47 to expand a non -conforming use, said non -conformity being the existing house encroaches 24' in the rear yard setback and the Int width (50') at 4343 Xenia 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 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 101x16' storage shed to be built at 4343 Xenia Ave. North, Lot 5, Block 3, Robbinsdale Home Gardens 3rd Addition, as requested in Application #80-47 of Chauncey F. Bixler. The findings of fact are: The accessory building may benefit the neighborhood and the property by providing shed storage instead of yard storage. Motion carried. 1.7. The Commission considered final approval of proposed plat DORIANS 2ND ADDITION located at 5636 Lakeland Ave. North. Applicant --Phil Eder. 1-1oved by Commissioner Peters and seconded by Commissioner Nystrom to recommend to the City Council to grant final approval of DORIANS 2ND ADDITION which is a replat of the South 6.00 feet of Lot 53 and all of Lots 54, 55 & 56, Auditor's Subdivision No. 328, 5636 Lakeland Ave. North. Motion carried. Moved by Commissioner Nystrom and seconded by Commissioner Feyereisen to adjourn. Motion carried. Chai an Elsen Secretary Neubarth AUGUST 11, 1980 The regular meeting of the Crystal Planning Commission convened at 7:30 P.M. with the following members present: Elsen, Feyereisen, Magnuson, Neubarth, Melich, Nystrom and Schmidt; the following were absent: Peters, Plasencia and Ryan; also present were Building Inspector Peterson, City Engineer Sherburne and Recording Secretary Bye. Moved by Commissioner Feyereisen and seconded by Commissioner Magnuson to approve the minutes of the July 14, 1980 meeting. Potion carried. 1. Thomas F. Dunlap appeared regarding Variance Application #80-48 to expand a non -conforming use, said non -conformity being the existing house encroaches 16' in the required 40' rear yard set- back at 6308 43rd Ave. No. Moved by Commissioner Schmidt and seconded by Commissioner Magnuson 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 512"x614" addition to the existing house at 6308 43rd Ave. No., the west 60' of Lot 50 and the west 60' of the east 140' of the north 36' of Lot 51, Auditor's Subdivision No. 324, as requested in Application #80-48 of Thomas F. Dunlap. The findings of fact are: a necessary addition, not detrimental to neighborhood or property. By roll call and voting aye: Magnuson, Melich, Neubarth, Nystrom and Schmidt; voting no: Feyereisen. Motion carried 5 to 1. 2. Charles Nichols appeared regarding a building permit for an air- craft storage hangar on leased Lot 64-C, Crystal Airport. Moved by Commissioner Feyereisen Nystrom to recommend to the City to issue building permit #2590 to aircraft storage hangar on leased subject to standard procedure. and seconded by Commissioner Council to approve authorization Charles Nichols for a 441x40' Lot 64-C, Crystal Airport, Motion carried. 3. Charles Nichols appeared regarding a building permit for an air- craft storage hangar on leased Lot 64-D, Crystal Airport. Moved by Commissioner Feyereisen Nystrom to recommend to the City to issue building permit #2591 to aircraft storage hangar on leased subject to standard procedure. and seconded by Commissioner Council to approve authorization Charles Nichols for a 441x40' Lot 64-D, Crystal Airport, Motion carried. August 11, 1980 - continued 4. Charles Nichols appeared regarding a building permit for an air- craft storage hangar on leased Lot 64-E, Crystal Airport. Moved by Commissioner Feyereisen Nystrom to recommend to the City to issue building permit #2664 to aircraft storage hangar on leased subject to standard procedure. and seconded by Commissioner Council to approve authorization Charles Nichols for a 561x40' Lot 64-E, Crystal Airport, Motion carried. 5. Robert M. Graham of Sundown Properties, Inc. appeared regarding Application #80-51 for rezoning property at 3342 Douglas Drive from R-1 District (single family residential) to R-2 District (single and two family residential). Moved by Commissioner Feyereisen and seconded by Commissioner Magnuson 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 8, 1980, to consider the request of Robert M. Graham in Application #80-51 to rezone from R-1 District (single family residential) to R-2 District (single and two family residential) that part of Lot 16 lying south of the north 66' and west of the east 30' thereof, Block 2, Sunnybrook Acres 2nd Addition, 3342 Douglas Drive. By roll call and voting aye: Feyereisen, Magnuson, Melich, Nystrom and Schmidt; voting no: Neubarth. Motion carried 5 tc 1. 6. R. T. Coughlin appeared regarding a building permit for an addition to an existing hangar on leased Lot 58-D, Crystal Airport. Moved by Commissioner Nystrom and to recommend to the City Council building permit #2670 to Hilltop addition to an existing hangar on subject to standard procedure. seconded by Commissioner Melich to approve authorization to issue Construction Co. for a 401x50' leased Lot 58-D, Crystal Airport, Motion carried. 7. Jon Horkey appeared regarding a building permit for a storage building at 5170 West Broadway. Moved by Commissioner Magnuson and seconded by Commissioner Melich to recommend to the City Council to approve authorization to issue building permit #2657 to Snyder Construction Co. for a 28'x50' storage building at 5170 West Broadway, Plat #54109, Parcel #2500, subject to standard procedure. By roll call and voting aye: Magnuson and Melich; voting no: Feyereisen, Neubarth, Nystrom and Schmidt. Motion failed 4 to 2. August 11, 1980 - continued Moved by Commissioner Feyereisen and seconded by Commissioner Schmidt to recommend to the City Council to deny authorization to issue building permit #2657 to Snyder Construction Co. for a 281x50' storage building at 5170 West Broadway, Plat #54109, Parcel #2500. By roll call and voting aye: Feyereisen, Nystrom and Schmidt; voting no: Magnuson, Melich, Neubarth and Elsen. Motion failed 4 to 3. Moved by Commissioner Magnuson and seconded by Commissioner Melich to recommend to the City Council to approve authorization to issue building permit #2657 to Snyder Construction Co. for a 281x50' storage building at 5170 West Broadway, Plat #54109, Parcel #2500, subject to standard procedure and with the condi- tions that the existing opening in the south fence be closed, and with the understanding that if the building is to be used for anything other than storing special cars, that a new variance will be required. Findings of fact: it will upgrade the property; it will not tear down the entire operation; does no damage in this area; a good place for such a storage building. By roll call and voting aye: Magnuson, Melich, Neubarth aiitl Elsen; voting no: Feyereisen, Nystrom and Schmidt. Motion carried 4 to 3. 8. Robert D. Johnson appeared regarding Variance Application #80-52 to expand a non -conforming use, said non -conformity being the existing attached garage encroaches .43' in the required 40' rear yard setback and 12.1' in the side street setback at 3900 Kentucky Ave. No. Moved by Commissioner Feyereisen 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 construct a 24'x24' detached garage at 3900 Kentucky Ave. No., Lot 15, Block 3, Brownwood Manor 2nd Addition, as requested in Application #80-52 of Robert D. Johnson. The findings of fact are: non -conforming use, would without being a detriment this is a harmless expansion of a be an improvement to the property to the neighborhood. Motion carried. 9. The Commission considered final approval of proposed plat WINNETKA INDUSTRIAL CENTER located at 32nd Ave. and Winpark Drive, submitted by M -M Development Corp. 4 August 11, 1980 - continued Moved by Commissioner Schmidt and seconded by Commissioner Nystrom to recommend to the City Council to grant final approval of WINNETKA INDUSTRIAL CENTER, which is a replat of Lot 1, Block 3, and Outlot #1, Winnetka Industrial Park, located at 32nd Ave. and Winpark Drive. Motion carried. 10. Boyer Palmer appeared regarding a building permit for ars office building at 5701 Kentucky Ave. No. Moved by Commissioner Schmidt and seconded by Commissioner Magnuson to recommend to the City Council to approve authoriza- tion to issue building permit #2682 to Kubinski & Palmer for a 601x280' office building at 5701 Kentucky Ave. No., Lot 1, Block 1, Palmer Addition, subject to standard procedure. Motion carried. 11. Paul A. Nelson appeared regarding Variance Application #80-53 to expand a non -conforming use, said non -conformity being the existing detached garage encroaches 4' in the required 25' side yard setback at 4757 Douglas Drive. 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 the expansion of a non -conforming use to permit a 345 sq. ft. deck to be constructed at 4757 Douglas Drive, Lot 15, Block 4, Crystal Manor Addition, as requested in Application #80-53 of Paul A. Nelson. The findings of fact are: It is a harmless expansion; the expansion is away from the non -conforming area; the project will be an improvement to the property and is not detrimental to neighboring property. Motion carried. 12. The City Council established its intent to rezone the "Halley Land" property and the "Soo Line" property to a R-1 classifi- cation, and therefore directs that the Planning Commission hold a public hearing to consider the matter. Moved by Commissioner Feyereisen and seconded by Commissioner Melich to set a public hearing at 7:30 P.M., or as soon there- after as the matter may be heard, Monday, September 8, 1980, to consider rezoning that part of Section 9, Township 118, Range 21, lying north of Soo Line Railroad between Quail and Vera Cruz, lying south of Murray Lane 8th Addition - from R-4 District (high density residential) to R-1 District (single family residential); and that part of the NE4 of the NWQ of Section 9, Township 118, Range 21, lying easterly of State Highway 52 and northerly of Soo Line Railroad right-of-way - from I-1 District (warehousing and light industrial) to R-1 District (single family residential). August 11, 1980 - continued The Planning Commission requested that the City Attorney attend this public hearing. .Motion carried. Moved by Commissioner Schmidt and seconded by Commissioner Melich to adjourn. Motion carried. Secretary Neubarth w Chairma Esen SEPTEMBER 8, 1980 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following present: Elsen, Feyereisen, Magnuson, Melich, Neubarth, Nystrom, Plasencia., Ryan and Schmidt; the following were absent: Peters; also present were City Engineer Sherburne, Building Inspector Peterson, City Attorney Kennedy and Recording Secretary Borrell. Moved by Commissioner Feyereisen and seconded by Commissioner Melich to approve the minutes of the August 11, 1980 meeting. Motion carried. 1. Chairman Elsen declared this was the time and the place as adver- tised for a public hearing to consider rezoning two vacant tracts of land located north of Soo Line Railroad between Quail Ave. and Highway 52. The following persons identified themselves and were heard: Ed Thonander, 5409 53rd Ave. Rose Braden, 5315 53rd Ave. Bob Barton, 5303 54th Ave. John Malnati_, 4927 53rd Ave. Ken Cogswell, 5215 Regent Ave. Richard. Krier, Westwood Planning & Engineering Co. Stan Mrosak, Soo Line Railroad Co. Moved by Commissioner Feyereisen and seconded by Commissioner Magnuson to recommend to the City Council to deny the following proposed rezoning of properties: From R-4 District (high density residential) to R-1 District (single family residential) and described as follows: That part of Section 9, Township 118, Range 21., _lying north of Soo Line Railroad between Quail and Vera Cruz, lying south of Murray Lane 8th Addition (Owner, Midwest Federal - Halley Land Corp.). From I-1 District (warehousing and light industrial) to R-1 District (single family residential) and described as follows: That part of the NE4 of the NW4 of Section 9, Township 118, Range 21, lying easterly of State Highway 52 and northerly of Soo Line Railroad right-of-way. (Owner, Tri-State Land Co. - Soo Line Railroad). The findings of fact are: I. The lands in question have been zoned R-4 since approximately 1965 and that no new facts have come to the Planning Commission's attention which would indicate that this is an improper zoning classification. September 8, 1980 - continued 2. The City's Comprehensive Plan as originally adopted and as currently updated as well as the planning inventory and other planning studies conducted by the City have all recognized that traffic problems exist in the areas of the lands to be rezoned, but have nevertheless reaffirmed the present zoning of the Midwest Federal tract and recommended that the Soo Line tract should be considered for R-4 classification. 3. Present comprehensive plan of the City speaks in terms of consideration of changing zoning in the area to less dense uses only if necessary: nothing has been brought to the Commission's attention to indicate that such rezoning is necessary at this time. 4. There has been no suggestion of or proposal for a change in the zoning of the lands proposed to be rezoned in question prior to the present proposal for development submitted by the Halley Land Corporation. 5. The rezoning as proposed would not alleviate existing traffic problems in the areas since no evidence has been presented to the Commission indicating that the number of trip -ends would be significantly lower with R-1 develop- ment rather than R-4 development of the area. 6. Rezoning the lands in question will not alleviate noise pollution problems created by the adjacent railroad or airport, since those noise sources will not be affected by the use of the lands in question. 7. Testimony before the Commission indicates that no land in the areas proposed to be rezoned has been designated "wetlands" by the Department of Natural Resources. 8. Based upon the testimony presented to the Commission and the Commission's review of the Municipal Comprehensive Plan, the lands in question are in proper zoning districts. By roll call and voting aye: Feyereisen, Magnuson, Neubarth, Nystrom and Plasencia; voting no: Melich, Ryan and Schmidt. Motion carried 5 to 3. 2. Chairman Elsen declared this was the time and the place as adver- tised for a public hearing to consider Application #80-51 as submitted by Sundown Properties to rezone from R-1 District (single family residential) to R-2 District (single and two family residential) property located at 3342 Douglas Drive. Robert Gorham of Sundown Properties appeared and presented plans for a double bungalow. September 8, 1980 - continued Moved by Commissioner Feyereisen and seconded by Commissioner Nystrom to recommend to the City Council to deny Application #80-51 as submitted by Sundown Properties to rezone from R-1 District (single family residential) to R-2 District (single and two family residential) that part of Lot 16 lying south of the north 66' and west of the east 30' thereof, Block 2, Sunnybrook Acres 2nd Addition, 3342 Douglas Drive. The findings of fact are: not in keeping with Comprehensive Plan; would be stretching the variance requirements too far. Motion carried. 3. The next regular Planning Commission meeting falls on October 13, 1980, which is a legal holiday (Columbus Day). Moved by Commissioner Neubarth and seconded by Commissioner Magnuson that the next regular Planning Commission meeting will be held at 7:30 p.m., Tuesday, October 14, 1980. Motion carried. 4.. Jerome F. Halek of Royal Crown Motel appeared regarding Application #80-55 for a variance to expand a non -conforming use, said non- conformity being encroachment of the existing structure 22' into the required setback along 60th Ave., at 6000 Lakeland Ave. North. Moved by Commissioner Neubarth and seconded by Commissioner Magnuson to table for further study until October 14th meeting Variance Application #80-55 to enable the applicant to bring in more specific plans. By roll call and voting aye: Feyereisen, Magnuson, Melich, Neubarth, Nystrom, Plasencia and Ryan; voting no: Schmidt. Motion carried 7 to 1. 5. Carl Peterson appeared regarding Application #80-56 for a conditional use permit to allow a motor fuel station at 5500 West Broadway. Mr. Peterson is preparing to expand the existing facilities. 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 14, 1980, to consider the request of Carl Peterson in Application #80-56 for a conditional use permit to allow a motor fuel station in a B-3 District at 5500 West Broadway. Motion carried. 6. The Commission considered Variance Application #80-60 as submitted by Mary Allen DuBois for an attached basement garage which will encroach 4' in the required 5' side yard setback at 3326 Brunswick Ave. North. September 8, 1980 - continued Moved by Commissioner Feyereisen and seconded by Commissioner Neubarth to recommend to the City Council to deny Variance Application #80-60 as submitted by Mary Allen DuBois for a variance of 4' in the required 5' side yard setback for a 201x26' attached basement garage at 3326 Brunswick Ave. North, Lot 4, Block 1, Mark Addition. The findings of fact are: setting a bad precedent to violate the side yard setback by a 80% margin of our ordinance. Motion carried. The Commission considered Variance Application #80-61 as sub- mitted by John R. Schaaf Jr. to expand a non -conforming use, said non -conformity being the existing detached garage encroaches upon the front half of the lot at 4908 Quail Ave. North. Moved by Commissioner Plasencia 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 515.05, Subd. 2, to allow the expansion of a non -conforming use, to permit a 18'x30' addition, 101x18' screen porch and 18'x12' expansion of the deck to be constructed at 4908 Quail Ave. North, Lot 4 and South 1/2 of Lot 3, Block 6, Twin Lake Shores Addition, as requested in Application #80-61 of John R. Schaaf Jr., owner. The findings of fact are: existing variance is there and addition will not affect it. Motion carried. S. The Commission considered a building permit submitted by Charles Nichols for an aircraft storage hangar on Leased Lot 64-F, Crystal Airport. Moved by Commissioner Feyereisen and seconded by Commissioner Schmidt to recommend to the City Council to approve authorization to issue building permit #2717 to Charles Nichols for a 68'x40' aircraft storage hangar on Leased Lot 64-F, Crystal Airport, subject to standard procedure. Motion carried. 9. Bill Sikora, Architect from M -M Corporation appeared regarding a building permit for an office -warehouse at 3240 Winpark Drive. Moved by Commissioner Nystrom and seconded by Commissioner Mellich to recommend to the City Council to approve authorization to issue building permit #2718 to M -M Development Corporation for a 150'x540' office -warehouse at 3240 Winpark Drive, Lot 2, Block 1, Winnetka Industrial Park, subject to standard procedure. Motion carried. ZS September 8, 1980 - i,nntini.ied 10. Bill Sikora, Architect from M -M Development Corporation, appeared regarding a building permit for an office building at 2950 Winnetka Ave. North. There was discussion regarding placement of building on site. Robert Wilken, 2947 Sumter Ave., identified himself and was heard. Other unidentified neighbors were also heard. Moved by Commissioner Schmidt to recommend to the City Council I -o approve authorization to issue building permit #2719 to M -M Development Corporation for an office building at 2950 Winnetka Ave. North, subject to moving building to the northwest corner of the site and not exceeding a height of 18'. The motion failed for lack of a second. Moved by Commissioner Ryan and seconded by Commissioner Schmidt to recommend to the City Council to deny authorization to issue building permit #2719 to M -M Development Corporation for an office building at 2950 Winnetka Ave. North. The findings of fact are: the building is too high and does not fit into neighborhood. By roll call and voting aye: Ryan and Schmidt; voting no: Magnuson, Melich, Neubarth, Nystrom and Plasencia; Feyereisen abstained from voting. Motion lost 5 to 2. Moved by Commissioner Neubarth and seconded by Commissioner Nystrom to recommend to the City Council to approve authorization to issue building permit #2719 to M -M Development Corporation for a 1201x60' office building at 2950 Winnetka Ave. North, Lots 1 thru 4, Block 1, Lynn Gardens, subject to standard procedure. By roll call and voting aye: Magnuson, Neubarth, Nystrom and Plasencia; voting no: Melich, Ryan and Schmidt; Feyereisen abstained from voting. Motion carried 4 to 3. l.].. Michael D. Babcock appeared regarding Variance Applications #80-62 & 480--63 to expand a non -conforming use, said non -conformity being the existing house encroaches 11.8' in the 30' front yard setback, to allow the construction of a detached garage and an addition to the house which will encroach 11.8' in the front yard setback, at 5406 Twin Lake Terrace. Moved by Commissioner Feyereisen-and seconded by Commissioner Magnuson 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, & Section 515.13, Subd. 2-a, to allow the expansion of a non -conforming use to allow the con- struction of a 22'x22' detached garage and a 16'x14' addition which will encroach 11.8' in the front yard setback, at 5406 Twin Lake Terrace, Lot 2, Block 1, Orchard Addition, as requested in Appli- cations #80-62 & #80-63 of Michael D. Babcock. The findings of fact are: harmless expansion of a non -conforming use. Motion carried. September 8, 1980 -- conti_nlzed 1. Thomas W. Jordan appeared regarding Variance Application #80-64 to expand a non -conforming use, said non -conformity being the existing house encroaches approximately 22' in the 40' rear yard setback at 8000 33rd 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 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'x26' deck to be constructed at 8000 33rd Ave. North, Lot 25, Block 2, Winnetka Park 1st Addition, as requested in Application #80-64 of Thomas W. Jordan, owner. 10— findings of fact are: harmless expansion. Motion carried. L3. Elmer R. Hokkanen appeared regarding a building permit for a pet hospital at 3443 Vera Cruz Ave. North. Moved by Commissioner Nystrom and seconded by Commissioner Feyereisen to recommend to the City Council to approve authorization to issue building permit #2733 to Elmer R. Hokkanen for a pet hospital at 3443 Vera Cruz Ave. North, Lot 2, Block 1, Griffin Addition, subject to standard procedure. Motion carried. 1.4_ Don Swenson requested the Planning Commission to reconsider the requirements set forth to permit the combination of residence in conjunction with commercial use as set forth in Section 515.33, Subd. 4-d, as it applies to property at the northwest quadrant of 56th & Vera Cruz. The matter is to be .investigated as with regard to other possibilities and again be discussed at the October 14th meeting. 15. The Commission considered an I -Z zoning variance request b First Federal Savings & Loan for 5440 West Broadway. Moved by Commissioner Feyereisen and seconded by Commissioner Plasencia to yrant the request of First Federal Savings & Loan in variance application #80--67 to waive the building permit moratorium requirement to allow remodeling to the interior of building at 5440 West Broadway. Motion carried. 16. The Commission considered a building permit application for remodeling the interior of building at 5440 West Broadway (First Federal Savings & Loan). Moved by Commissioner Nystrom and seconded by Commissioner Neubarth to recommend to the City Council to approve authorization to issue building permit #2747 to Kraus Anderson Building Co. for remodeling_ interior of building at 5440 West Broadway, Lot 1, Block 1, First Federal Ron Dopp 2nd Addition, subject to standard procedure. Commissioner Schmidt abstained from voting. Motion carried. September 8, 1980 - continued Moved by Commissioner Neubarth and seconded by Commissioner Nystrom to adjourn. Motion carried. Secretary Neu+++barth J i- .. sen - 71r OCTOBER 14, 1980 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following present: Elsen, Feyereisen, Magnuson, Melich, Neubarth, Nystrom and Schmidt; the following were absent: Peters, Plasencia and Ryan; also present were City Engineer Sherburne, Building Inspector Peterson and Recording Secretary Borrell. Moved by Commissioner Feyereisen and seconded by Commissioner Magnuson to approve the minutes of the September 8, 1980 meeting. Motion carried. F. Jerome F. Halek of Royal Crown Motel appeared regarding Application #80-55 for a variance to expand a non -conforming use, said non- conformity being encroachment of the existing structure 22' into the required setback along 60th Ave., at 6000 Lakeland Ave. North. This item was tabled for further study at the September 8th meeting to enable the applicant to bring in more specific plans. 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 515.05, Subd. 2, to allow the expansion of a non -conforming use to permit six motel units to be constructed at 6000 Lakeland Ave. North, Plat #54105, Parcel #3233, as requested in Application #80-55 of Jerome F. Halek. The findings of fact are: The )jew addition will not add to the non -conformity. Motion carried. 2. Jerome F. Halek of Royal Crown Motel appeared regarding a building permit at 6000 Lakeland Ave. North. Moved by Commissioner Feyereisen and seconded by Commissioner Nystrom to recommend to the City Council to approve authorization to issue building permit #2703 to Jerome F. Halek for 6 motel units at 6000 Lakeland Ave. North, Plat #54105, Parcel #3233, subject to standard procedure. Motion carried. 3. Chairman Elsen declared this was the time and the place as adver- tised for a public hearing to consider Application #80-56 as sub- mitted by Carl Peterson for a conditional use permit for a motor fuel station in a B-3 District at 5500 West Broadway. Carl Peterson and David Runyan appeared. Moved by Commissioner Nystrom and seconded by Commissioner Neubarth to recommend to the City Council to approve Application #80-56 as submitted by Carl Peterson for a conditional use permit for a motor fuel station in a B-3 District at 5500 West Broadway, Tract B, Registered Land Survey #516. The findings of fact are: The site has been used as a motor fuel station; meets the requirements set forth for a conditional use. Motion carried. October 14, 1980 - continued 4. Carl Peterson appeared regarding Variance Applications #80-57, #80-58 & #80-59 to waive the building permit moratorium require- ment; allow the expansion of a non -conforming use (said non- conformity being non -conforming setback on 55th Ave.); and vary the building setback requirement on 55th Ave., at 5500 West Broadway. Moved by Commissioner Schmidt and seconded by Commissioner Melich that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to waive the building permit mora- torium requirement at 5500 West Broadway. Motion carried. Moved by Commissioner Magnuson 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 at 5500 West Broadway. The findings of fact are: The road was constructed after the building was built; the non -conformity is created through no action of the present owners. Motion carried. 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 515.13, Subd. 3a)3) to vary the setback requirements on 55th Ave. from 22' to 6' at 5500 West Broadway. The findings of fact are: The non -conformity will be expanded in a harmless direction. Motion carried. 5. Carl Peterson and David Runyan appeared regarding a building permit at 5500 West Broadway. Moved by Commissioner Neubarth and seconded by Commissioner Magnuson to recommend to the City Council to approve authorization to issue building permit #2819 to Carl Peterson for a 4305 sq. ft. addition at 5500 West Broadway, Tract B, Registered Land Survey #516, subject to standard procedure. Motion carried. 6, Tom Haley representing Compaction Services appeared regarding consideration of I -Z zoning variance request by Thriftway Market, 5715 West Broadway. Moved by Commissioner Magnuson and seconded by Commissioner Melich to recommend to the City Council to approve the request of Thriftway Market in Variance Application #80-78 to waive the building permit moratorium requirement to relocate an existing compactor and installing a new compactor at 5715 West Broadway. Motion carried. October 14, 1980 - continued I. Tom Haley representing Compaction Services appeared regarding a building permit for Thriftway Market, 5715 West Broadway. Moved by Commissioner Schmidt and seconded by Commissioner Nystrom to recommend to the City Council to approve authori- zation to issue building permit #2753 to Compaction Services to relocate an existing compactor and installing a new com- pactor at 5715 West Broadway, Lot 1, Block 1, Salsberg 3rd Addition, subject to standard procedure. Motion carried. 8. Consideration of an application for a building permit by Roger Beyer for an airplane hangar at the Crystal Airport. Moved by Commissioner Nystrom and seconded by Commissioner Magnuson to recommend to the City Council to approve authori- zation to issue building permit #2788 to Roger Beyer for a 481x130' airplane hangar on Leased Lot 9P4, Crystal Airport, subject to standard procedure. Motion carried. 9. Charles Nichols appeared regarding building permits for six airplane hangars at the Crystal Airport. Moved by Commissioner Magnuson and seconded by Commissioner Nystrom to recommend to the City Council to approve authori- zation to issue the following building permits to Charles Nichols subject to approval by M.A.C., and further subject to standard procedure. Lot 68A 401x58.5' Airplane hangar Lot 68B 40'x49' Airplane hangar Lot 68C 40'x49' Airplane hangar Lot 68D 40'x49' Airplane hangar Lot 68E 40'x49' Airplane hangar Lot 68F 40'x60' Airplane hangar Motion carried. 10. Mr. & Mrs. Robert Barbaris appeared regarding Variance Application #80-65 for a detached garage which will encroach 2' in the required 3' side yard setback at 6908 38th Ave. North. Moved by Commissioner Nystrom and seconded by Commissioner Neubarth to table for further study Variance Application #80-65 of Robert Barbaris, as requested by the applicant, to see if they can work out a solution without a variance. Motion carried. 11. Jeffrey Krickle appeared regarding Variance Application #80-66 for a detached garage which will encroach 8' in the required 25' side yard setback at 5434 53rd Ave. North. October 14, 1980 - continued Moved by Commissioner Feyereisen and seconded by Commissioner Schmidt to recommend to the City Council to deny Variance Application #80--66 of Jeffrey Krickle for a 28'x26' detached garage which will encroach 8' in the required 25' side yard setback at 5434 53rd Ave. North, Lot 1, Block 1, Murray Lane 8th Addition. The findings of fact are: Encroachment would create a hazardous condition in the event it would be necessary to have sidewalks in area; cars parked in front of garage would have to be in public right-of-way. Motion carried. .1.2. Byron McCullagh appeared regarding tentative approval of proposed plat Beelen Addition located at 3836 and 3538 Douglas Drive. Moved by Commissioner Feyereisen and seconded by Commissioner Nystrom to table consideration of tentative approval to the November 10th meeting, at the request of Mr. McCullagh, to give him opportunity to discuss the matter with his clients and determine how they wish to proceed. By roll call and voting aye: Feyereisen, Magnuson, Mel_ich, Neubarth and Nystrom; voting no: Schmidt. Motion carried 5 to 1. 13. Ruth Watson appeared regarding Variance Application 080-68 to expand a non --conforming use, said non -conformity being encroach- ment of existing house 4.4' in the required 13.9' side street setback at 3456 Perry Ave. North. Moved by Commissioner Feyereisen and seconded by Commissioner Neubarth that pursuant to Section 515.55 of the Crestal_ 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 an 181x12' addition to be con- structed at 3456 Perrlr Ave. North, Lot 1, Block 6, Crystal Heights View Addition, as requested in Application #80-68 of .Rut's Watson. The findings of fact are: An improvement to property; the addition does not increase the non -conformity. 'lotion carried. 14. Gerald H. Benson appeared regarding Variance Application 480-69 to expand a non -conforming use, said non -conformity being the house encroaches 141± in the required 25' side street side yard setback, at 5001 Wilshire Blvd. Moved by Commissioner Nystrom and seconded by Commissioner Schmidt that pursuant to Section 515.55 of the Crystal Cite Code to recommend to the City Council to vary or modify the strict appli- cation of Section 515.05, Subd. 2, to allow the exiDansion of a non -conforming use to permit. a. 14'x16' deck to be constructed at 5001 Wilshire Blvd., lot .10, Hiawatha Manor_, as requested in Application #80-69 of Gerald H. Benson. sa, October 14, 1980 - continued The findings of fact are: The addition of the deck does not add to the existing non -conformity. Motion carried. 15. James E. Olson appeared regarding Variance Application #80-70 to allow a fireplace to be constructed within the 5' side - yard setback at 3025 Yukon Ave. North. Moved by Commissioner Schmidt and seconded by Commissioner Mellich 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. 3a) to allow a fireplace to encroach 2'3" in the required 5' sideyard setback at 3025 Yukon Ave. North, Lot 3, Block 9, West Winnetka Terrace 6th Addition, as requested in Application #80-70 of James E. Olson. The findings of fact are: Harmless expansion into the required sideyard setback; access to the rear of the property is available through Yunkers Park. By roll call and voting aye: Magnuson, Melich, Neubarth and Schmidt, voting no: Feyereisen and Nystrom. Motion carried 4 to 2. Commissioner Feyereisen requested that a minority finding of fact be included in the record, and stated that it is a terribly bad precedent to be modifying side yard setbacks. 16. Consideration of the request of Erickson Petroleum Corporation regarding Applications #80-71 & #80-72 for a conditional use permit to allow a motor fuel station in a B-3 District and a conditional use permit to allow an accessory, enclosed retail activity in a B-3 District at 5521 Lakeland Ave. North. Moved by Commissioner Schmidt and seconded by Commissioner Magnuson 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 10, 1980, to consider the request of Erickson Petroleum Corporation in Applications #80-71 # #80-72 for a conditional use permit to allow a motor fuel station in a B-3 District and a conditional use permit to allow an accessory, enclosed retail activity in a B-3 District at 5521 Lakeland Ave. North, Lot 2, Block 1, Lafayette First Addition. Motion carried. 17. Discussion of the review of the requirements set forth as a conditional use which would allow the mix of a residence and business was tabled from the September 8th meeting to see if something might be worked out. It was reported that the applicant was adamant in the need for liberalization of the requirements set forth in the conditions to accommodate his scheme of construction. October 14, 1980 - continued i8. Lloyd Hope of Statewide Exteriors appeared regarding Variance Applications #80-77 & #80-78 to expand a non -conforming use, said non -conformity being less than minimum size lot, and allow the construction of an addition to the existing house which will encroach in the 40' rear yard setback at 5308 Byron 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 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 grant a variance of 7' in the rear yard setback (Section 515.13, Subd. 4a), to allow a 151x12' addition to the existing house at 5308 Byron Ave. North, Lot 11, Block 2, W. Paul Resop Addition, as requested in Applications #80-77 & #80-78 of Willis Beers, owner. The findings of fact are: An improvement to property; a harmless encroachment on the rear yard setback. Motion carried. 19. The City Council directed that the Planning Commission hold a public hearing to consider an amendment to the zoning code to permit amusement arcades as a conditional use in a B-4 District. Moved by Commissioner Feyereisen and seconded by Commissioner Neubarth 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 10, 1980, to consider an amendment to the zoning code to permit amusement arcades as a conditional use in a B-4 District. Motion carried. 20. Moved by Commissioner Feyereisen and seconded by Commissioner Nystrom to request that an amendment be prepared to change the sideyard setback requirements in a R-1 District from 5' to 3' for consideration and discussion at the November 10th Planning Commission meeting. Motion carried. Moved by Commissioner Magnuson and seconded by Commissioner Mellich to adjourn. Motion carried. - ChairmarVElsen Secretary Neubarth NOVEMBER 10, 1980 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following members present: Elsen, Magnuson, Melich, Neubarth, Nystrom, Plasencia, Ryan and Schmidt; the following were absent: Feyereisen and Peters; also present were City Engineer Sherburne, Building Inspector Peterson and Recording Secretary Borrell. Moved by Commissioner Nystrom and seconded by Commissioner Melich to approve the minutes of the October 14, 1980 meeting. Motion carried. 1. Chairman Elsen declared this was the time and the place as adver- tised for a public hearing to consider Conditional Use Application #80-71 and Variance Application #80-73 of Erickson Petroleum Corp. to permit a motor fuel station in a B-3 District and a variance of the lot dimension requirements of the conditional use stipulations, at 5521 Lakeland Ave. North. Jerry Jensen of Holiday Station Stores and Stan Zieska, 5518 Douglas Drive, appeared. a.. 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 515.35, Subd. 4 c), which requires minimum lot dimensions of 150'x1301(the existing dimensions are 125' at the southerly end and 88' at the northerly end), at 5521 Lakeland Ave. North, Lot 2, Block 1, Lafayette First Addition. The findings of fact are: The station is there and will continue to exist; the dimensions of the existing station will not change; the proposal will be an improvement to the operation as it now stands. Motion carried. L. Moved by Commissioner Nystrom and seconded by Commissioner Neubarth to recommend to the City Council to approve Condi- tional Use Application #80-71 to Erickson Petroleum Corp. to allow a motor fuel station in a B-3 District at 5521 Lakeland Ave. North, Lot 2, Block 1, Lafayette First Addition. The findings of fact are: The station is already there anti; in business; they are not changing anything. Motion carried. 2. Chairman Elsen declared this was the time and the place as adver- tised for a public hearing to consider Conditional Use Application #80-72 of Erickson Petroleum Corp. to allow an accessory, enclosed retail activity in a B-3 District at 5521 Lakeland Ave. North. Jerry Jensen of Holiday Station Stores appeared. Moved by Commissioner Magnuson and seconded by Commissioner Nystrom to recommend to the City Council to approve Application #80-72 for a conditional use permit to allow an accessory, enclosed retail activity in a B-3 District at 5521 Lakeland Ave. North, Lot 2, Block 1, Lafayette First Addition. November 10, 1980 - continued P, The findings of fact are: Existing station; they will not be expanding. Motion carried. �. Jerry Jensen of Holiday Station Stores appeared regarding Variance Application #80-74 of Erickson Petroleum Corp. for a variance of the setback requirements at 5521 Lakeland Ave. North. Moved by Commissioner Schmidt and seconded by Commissioner Magnuson 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. 2 b)1), to vary the front yard setback requirements from 22' to 12' to erect a pump island canopy at 5521 Lakeland Ave. North, Lot 2, Block 1, Lafayette First Addition. The findings of fact are: The improvement will I]e a safety and convenience factor for the customers. Motion carried. 4. Jerry Jensen of Holiday Station Stores appeared regarding a building permit for a pump island canopy at 5521 Lakeland Ave. North. Moved by Commissioner Magnuson and seconded by Commissioner Neubarth to recommend to the City Council to approve authorization to issue building permit #2899 to Erickson Petroleum Corp. for a pump island canopy at 5521 Lakeland Ave. North, Lot 2, Block 1, Lafayette First Addition, subject to standard procedure. Motion carried. 5. Chairman Elsen declared this was the time and the place as adver- tised for a public hearing to consider an amendment to the zoning code to permit amusement arcades as a conditional use in a B-4 District. Stan Zieska, 5518 Douglas Drive, and George Frisch of Paster Enterprises, appeared. Moved by Commissioner Ryan and seconded by Commissioner :lagnuson to continue the public hearing until the December 8th meeting to consider an amendment to the zoning code to permit amusement arcades as a conditional use in a B-4 District. Motion carried. 6. Tentative approval of proposed plat Beelen Addition located at 3836 and 3838 Douglas Drive which was tabled at the October 14th meeting. Moved by Commissioner Schmidt and seconded by Commissioner Melich to table consideration of tentative approval of Beelen Addition to January 12, 1981 meeting as requested by Byron McCullagh. Motion carried. +. Variance Application #80-65 submitted by Robert Barbaris for a detached garage which will encroach 2' in the required 3' side yard setback at 6908 38th Ave. North. This item was tabled at the October 14th meeting, as requested by the applicant, to see if they could work out a solution without a variance. The Building Inspector indicated that a building permit has been issued which does not require a variance. November 10, 1980 - continued Moved by Commissioner Nystrom and seconded by Commissioner Magnuson to deny Variance Application #80-65 of Robert Barbaris, 6908 38th Ave. North. Motion carried. 8. Steve Leppa of Conservation Systems Inc. appeared regarding a building permit for remodeling and alterations to the existing building at 5241 West Broadway. Moved by Commissioner Nystrom and seconded by Commissioner Neubarth to recommend to the City Council to approve authorization to issue building permit #2765 to D. J. Kranz Co., Inc. for remodeling and alterations to the existing building at 5241 West Broadway, Plat #54109, Parcel #2115, subject to standard procedure. Motion carried. 9. Mike J. Sanko of Minnesota Foam & Products Co. appeared regarding Application #80-80 for a conditional use permit to allow custom manufacturing in a B-4 District at 6520 Bass Lake Road. 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, December 8, 1980, to consider the request of Minnesota Foam & Products Co. in Appli- cation #80-80 for a conditional use permit to allow custom manu- facturing in a B-4 District (Section 515.37, Subd. 4 d) at 6520 Bass Lake Road. motion carried. 10. Jeanne M. Goldston appeared regarding Variance Application #80-81 for an addition to tie in the existing house and detached garage which will encroach in the required 40' rear yard setback at 5205 Idaho Ave. North. Moved by Commissioner Schmidt and seconded by Commissioner Melich 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 6.6' in the required 40' rear yard setback for a 10'x24' addition to tie in the existing house and detached garage at 5205 Idaho Ave. North, Lot 5, Block 7, Murray Lane 7th Addition, as requested in Application #80-81 of Jeanne M. Goldston. Tl -ie findings of fact are: Good use of unused area. Motion carried. 1.1. Variance Application #80-82 of Gary J. Bates for a detached garage which will encroach in the required 30' front yard setback at 5221 Scott Ave. North. November 10, 1980 - continued Moved by Commissioner Ryan and seconded by Commissioner Magnuson 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. 2 a), to grant a variance of 25' in the required 30' front yard setback for a 2.0'x20' detached garage at 5221 Scott Ave. North, Lot 7, Block 2, Murray Lane 9th Addition, as requested in Application #80-82 of Gary J. Bates. The findings of fact are: This is a unique situation; the garage can only be located in front; a 85' driveway is unsafe; and it is a deadend street. Motion carried. 12. Luverne L. Klinkner of Vern's Standard Oil appeared regarding Application #80-33 for a conditional use permit for a motor fuel station in a B-3 District at 3401 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, December 8, 1980, to consider the request of Vern's Standard Oil in Application #80-83 for a conditional use permit for a motor fuel station in a B-3 District at 3401 Douglas Drive, Lot 6, Block 1, Perlick Addition. Motion carried. 13. Sidney B. Konikoff appeared regarding a building permit for an airplane hangar at the Crystal Airport. Moved by Commissioner Magnuson and seconded by Commissioner Melich to recommend to the City Council to approve authorization to issue building permit #2902 to Sidney B. Konikoff for a 34'x40' airplane hangar on Leased Lot 62-D, Crystal Airport, subject to standard procedure. Motion carried. 14. George Frisch of Paster Enterprises appeared regarding an amendment to the zoning code providing for enclosed indoor storage as a conditional use in the B-4 District. Moved by Commissioner Magnuson 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, December 8, 1980, to consider an amendment to the zoning code providing for enclosed indoor storage as a conditional use in the B-4 District. Motion carried. 15. Consideration of an amendment correcting errors in the zoning ordinance pertaining to structures in rear yards. Moved by Commissioner Magnuson and seconded by Commissioner Schmidt 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 8, 1980, to consider an amendment to the zoning code defining certain permitted structures in rear yards. Motion carried. November 10, 1980 - continued 16. Discussion of changing the side yard setback in a R-1 District from 5' to 3' (Section 515.13, Subd. 3 a)1). Moved by Commissioner Schmidt and seconded by Commissioner Melich to drop consideration of a change in the side yard setback requirements in a R-1 District. Motion carried. Moved by Commissioner Magnuson and seconded by Commissioner Plasencia to adjourn. Motion carried. Chair,an Elsen Secretary Neubarth DECEMBER 8, 1980 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following present: Elsen, Feyereisen, Magnuson, Neubarth, Nystrom and Peters; the following were absent: Melich, Plasencia, Ryan and Schmidt; also present were City Engineer Sherburne, Building Inspector Peterson and Recording Secretary Borrell. Moved by Commissioner Peters and seconded by Commissioner Nystrom to approve the minutes of the November 10, 1980 meeting. Motion carried. 1. Chairman Elsen declared this was the time and the place as advertised for a public hearing to consider Conditional Use Application #80-80 to allow custom manufacturing in a B-4 District at 6520 Bass Lake Road. Mike Sanko of Minnesota Foam & Products Co. appeared. Moved by Commissioner Peters and seconded by Commissioner Neubarth to recommend to the City Council to approve Conditional Use Application #80-80 of Minnesota Foam & Products Co. to allow custom manufacturing in a B-4 District (Section 515.37, Subd. 4 d) at 6520 Bass Lake Road. The findings of fact are: There is no disruption to the property in the area; there doesn't seem to be any parking problem. Motion carried. Chairman Elsen declared this was the time and the place as advertised for a public hearing to consider Conditional Use Application #80-83 and Variance Application #80-84 of Vern's Standard Oil to permit a motor fuel station in a B-3 District and a variance of the lot area and dimension requirements of the conditional use stipulations at 3401 Douglas Drive. Luverne L. Klinkner of Vern's Standard Oil appeared. L1. 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 515.35, Subd. 4 c)4), which requires minimum lot area of 22,500 sq. ft. and minimum lot dimensions of 150'x130' (the existing lot area is 19,500 sq. ft.; the existing lot dimensions are 116'x143') at 3401 Douglas Drive, Lot 6, Block 1, Perlick Addition, as requested in Variance Application #80-84 of Vern's Standard Oil. The findings of fact are: The station has been there some length of time and was in compliance at the time it was built; the site is zoned commercial on all sides; seems to be no reason why variance should not be granted. Motion carried. December 8, 1980 - continued 17. Moved by Commissioner Feyereisen and seconded by Com- missioner Peters to recommend to the City Council to approve Conditional Use Application #80-84 of Vern's Standard Oil to allow a motor fuel station in a B-3 District at 3401 Douglas Drive, Lot 6, Block 1, Perlick Addition. The findings of fact are: the station has been there some length of time and was in compliance at the time it was built; the site is zoned commercial on all sides; seems to be no reason why the conditional use should not be granted. Motion carried. Jeanette F. Pugh appeared regarding tentative approval of proposed plat PUGH ADDITION located at 6504 46th Ave. N. Moved by Commissioner Nystrom and seconded by Commissioner Neubarth to recommend to the City Council to grant tentative approval of proposed plat PUGH ADDITION which would consist of three lots, one large lot facing 46th Ave. and two lots facing 46th Place,, which is a replat of Lot 9, Klatke's Addition. Motion carried. 4. Consideration of a building permit submitted by Progressive Technology for an addition to an existing hangar on Leased Lot 82-B, Crystal Airport. Moved by Commissioner Feyereisen and seconded by Commissioner Nystrom to recommend to the City Council to approve authoriza- tion to issue building permit #2922 to Progressive Technology for a 16'x40' addition to the existing hangar on Leased Lot 82-B, Crystal Airport, subject to standard procedure. Motion carried. 5. Robert Hubbs appeared regarding a building permit for an airplane hangar on Leased Lot 70-A, Crystal Airport. Moved by Commissioner Magnuson and seconded by Commissioner Feyereisen to recommend to the City Council to approve authorization to issue building permit #2947 to Reliable Builders for a 441x40' airplane hangar on Leased Lot 70-A, Crystal Airport, subject to standard procedure. Motion carried. 6. Ralph Nadeau appeared regarding a building permit for a.ii airplane hangar on Leased Lot 72-D, Crystal Airport. Moved by Commissioner Peters and seconded by Commissioner Magnuson to recommend to the City Council to approve authorization to issue building permit #2952 to Ralph Nadeau for a 1001x60' airplane hangar on Leased Lot 72-D, Crystal Airport, subject to standard procedure. Motion carried. December 8, 1980 - continued 7. Albert J. Mantei appeared regarding Variance Application #80-85 to expand a non -conforming use, said non -conformity being encroachment of existing garage 8"± in the required 40' rear yard setback, at 5705 Elmhurst 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 permit a 151x34' addition to the existing house and a 15'x20' addition to the existing garage at 5705 Elmhurst Ave. N., Lot 23, Block 3, Kensey Manor Addition, as requested in Variance Application #80-35 of Albert J. Mantei. The findings of fact are: It is a rather nominal request for a variance; appears to be no adverse factors for any of the surrounding property owners. Motion carried. 8. Consideration of Variance Application #80-86 submitted by Richard Zejdlik for a glass porch addition to the existing dwelling which will encroach in the 30' front yard setback at 3932 Edgewood Ave. N. Moved by Commissioner Peters and seconded by Commissioner Magnuson to table for further study Variance Application #80-86 to enable the applicant to appear and explain his plans. Motion carried. ;. Harold Herman appeared regarding a building permit for remodel- ing the interior of the existing building (former 7 -Eleven Store) at 3537 Douglas Drive. Moved by Commissioner Feyereisen and seconded by Commissioner Neubarth to recommend to the City Council to approve authoriza- tion to issue building permit #2946 to F. P. Lutz & Co. for remodeling the existing building at 3537 Douglas Drive, subject to standard procedure. Motion carried. 1.0. Chairman Elsen declared this was the time and the place as advertised for a public hearing to consider an amendment to the zoning code providing for enclosed indoor storage as a conditional use in a B-4 District. Moved by Commissioner Feyereisen and seconded by Commissioner Peters to recommend to the City Council to approve an amendment to the zoning code providing for enclosed indoor storage as a conditional use in a B-4 District as follows: December 8, 1980 - continued Crystal City Code, Appendix I ("Zoning"), Subsection 515.37, Subdivision 4 is amended by adding a new clause to read as follows: (g) Enclosed indoor storaqe as an accessory use provided that: (1) the storage area is not physically connected to the principal use and, i) both the storage area and the principal. use are located on the same lot and, (ii) the right to occupy the storage area and the principal use derive immediatel from the same person and,(iii) the storage area is to e use only for the storage of retail goods for resale in the principal use referred to above. Such area shall not be used as a distribution center or for assembly of component parts. Motion carried. ]__L. Chairman Elsen declared this was the time and the place as adver- tised for a public hearing to consider an amendment to Section 515.13, Subd. 5, Structures in Required Yards. Moved by Commissioner Feyereisen and seconded by Commissioner Peters to recommend to the City Council to approve an amendment to Section 515.13, Subd. 5, Structures in Required Yards as follows: Section 1. Crystal City Code, Appendix I ("Zoning"), Subsection 515.13, Subdivision 5, is amended to read: Subd. 5. Structures in Required Yards. Every part of a required yard shall be open and unobstructed by any building or structure, from its lowest point upward, except as follows: a) In a front yard: _awnings, steps, chimney, flag pole and eaves. a} b) In any a rear yard er-freet-yard: entrances or foyer, terraces, awnings, canopies, steps, chimneys, flag poles, eaves, recreational equipment, clothes line poles, arbors and trellises, detached outdoor living rooms, detached garages, storage sheds, and air conditioning or heating equipment. e} ln-rear-p�crels ;-reereetienel-equipment ;-eloti�es-line pales;-artier-anel-trellises;-baleenies;-breezeaaa�*s;-open pere�es ;-detael�ed-etttdeer-li�inc�-reert�s ;-e�arae�es ; -and air-eend�tfen�ng-er-beating-eelttipr�ent- b+ c) In a side or rear yards: off-street open parking spaces as regulated by Sub -Section 515.09, fences or walls not exceeding eight feet in height and as regulated by Subsection 515.07, Subd. 8 of this Code. However, in a corner lot no obstruction higher than curb level shall be located within 25 feet of the lot corner formed by the property line of any two intersection streets. December 8, 1980 - continued d) In a side yards: 4eeks7-8tee159;-an4 awnings �,aH�eh-�ta�-lie-te�dee�-that-aha}est-the-b���el��g, steps and eaves, Motion carried. 12. Continuation of a public hearing to consider an amendment to the zoning code to permit amusement arcades as a conditional use in a B-4 District. Moved by Commissioner Peters and seconded by Commissioner Neubarth to recommend to the City Council denial of an amendment to the zoning code to permit amusement arcades as a conditional use in a B-4 District. It was the con- sensus of opinion that it would constitute a nusiance, don't see any value to it; don't think we need it from a business standpoint; also be another spot for the police to check; think we have enough problems without adding any more; think this would just add a number of problems; not constrictive enough to control. Motion carried. 13. 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, 1981. Moved by Commissioner Nystrom and seconded by Commissioner Feyereisen to nominate the existing slate of officers for the year ending December 31, 1981. Moved by Commissioner Nystrom and seconded by Commissioner Feyereisen 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 - Herman Elsen, Chairman; Frank Peters, Vice -Chairman; and Elmer Neubarth, Secretary. Motion carried. Moved by Commissioner Peters ,gtid1 seconded by Commissioner Magnuson to adjourn. Motion carried. Chairman/ lsen Secretar Neubarth