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1988 PC Meeting MinutesCRYSTAL PLANNING COMMISSION MINUTES January 11, 1988 The meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following present: Anderson, Barden, Elsen, Feyereisen, Guertin, Halpaus, Magnuson and Nystrom; the follow- ing were absent Christopher and Kamp; also present were City Engineer Monk and Recording Secretary Scofield. Moved by Commissioner Barden and seconded by Commissioner Magnuson to approve the minutes of the December 14, 1987, meeting. Motion carried. 1. Chairperson Feyereisen declared that nominations were open for officers to the Planning Commission consisting of Chairperson, Vice -Chairperson and Secretary for the year ending December 31, 1988. Commissioner Magnuson nominated and Commissioner Elsen seconded the nomination of Francis Feyereisen as Chairper- son of the Planning Commission for the year ending December 31, 1988. Moved by Commissioner Elsen and seconded by Commissioner Barden to re-elect Francis Feyereisen as Chairperson of the Planning Commission for the year ending December 31, 1988, by unanimous ballot. Motion carried. Commissioner Elsen nominated and Commissioner Halpaus seconded the nomination of Paulette Magnuson as Vice -Chair- person of the Planning Commission for the year ending December 31, 1988. Moved by Commissioner Guertin and seconded by Commissioner Barden to re-elect Paulette Magnuson as Vice -Chairperson of the Planning Commission for the year ending December 31, 1988, by unanimous ballot. Motion carried. Commissioner Magnuson nominated and Commissioner Guertin seconded the nomination of Jane Elsen as Secretary of the Planning Commission for the year ending December 31, 1988. Moved by Commissioner Barden and seconded by Commissioner Halpausto elect Jane Elsen as Secretary of the Planning Commission for the year ending December 31, 1988, by unanimous ballot. Motion carried. 2. Chairperson Feyereisen declared this was the time and the place as advertised for a public hearing to consider Appli- cation #87-74 as submitted by H. W. Elfstrom to rezone from District to B-4 District property located at 3401 Vera Cruz /5-Y January 11, 1988 - Continued Ave. N. The proponents presented the following: Attorney Vincent Johnson stated Mr. Elfstrom is willing to spend $20,000 to make improvements but wants the zoning of B-4 to match the business use of the property. He doubted if the present building were to burn down that anyone would want to put up a single family residence in its place. Mr. Elfstrom stated the uniform business had moved out today, but Norcostco and Strawberry Patch are still present tenants. The following concerns were presented by the opposition: problems with parking and the ability to attract suitable tenants, because owner doesn't improve building feels will affect surrounding property values, wonders what real mo- tive is for rezoning request, increased traffic, questioned what the State Highway Department is going to do with 36th Avenue and Highway 100 and wanted to table issue until find out from the State Highway Department. The following were heard: George Aebly, 3419 Welcome Ave. N. Durwin Ward, 3356 Welcome Ave. N. Clarence Schulz, 3264 Welcome Ave. N. Brenda Olander, 3425 Welcome Ave. N. Judy Swenson, 3413 Welcome Ave. N. Donna Treichel, 3424 Xenia Ave. N. The City Engineer said the State was working on a prelimi- nary design that they would present by summer with con- struction to begin 1990 or 1991. 36th Avenue would be a bridge over the highway and the frontage road will stay and be two-way from 36th to Duluth. This request for rezoning is a land use issue. Moved by Commissioner Magnuson and seconded by Commissioner Barden to close the public hearing. Motion carried. Moved by Commissioner Elsen and seconded by Commissioner Guertin to recommend to the City Council to approve Appli- cation #87-74, as submitted by H. W. Elfstrom to rezone from R-1 District (Single Family Residential to B-4 Dis- trict (Community Commercial), that part of Lot 12 lying east of the west 80' Block 1, Rosedale Acres. The findings of fact are: with inadequate parking tenants would probably consider this when renting, property not likely to be suitable for residential and the addition of improvements would be an asset to the City. The following voted aye: Elsen, Feyereisen, Guertin and Halpaus. The following voted no: Anderson, Barden, Magnuson and Nystrom. Motion tied 4-4. January 11, 1988 - Continued 3. Chairperson Feyereisen declared this was the time and the place as advertised for a public hearing to consider Appli- cation #87-75 as submitted by Kurt D. Templin for a condi- tional use permit for a convenience food establishment (take-out/delivery pizza shop) in a B-4 District at 3545 Douglas Drive. In regard to the Commission's concern about parking and traffic the City Engineer stated there was no parking in front of the various business properties from 7-9 a.m. and 4-6 p.m., a one-way alley to the rear of the properties from 36th south to the parking lot next to Tom Thumb and access from Douglas to the same parking lot. Moved by Commissioner Magnuson and seconded by Commissioner Barden to close the public hearing. Motion carried. Moved by Commissioner Barden and seconded by Commissioner Guertin to recommend to the City Council to approve Appli- cation #87-75, as submitted by Kurt D. Templin, for a con- ditional use permit to allow a convenience food establish- ment (take-out/delivery pizza shop) in a B-4 District (Community Commercial) at 3545 Douglas Drive, P.I.D. #20- 118-21-11-0098. The findings of fact are: no problem with a conditional use permit as a convenience food establishment is one of the permitted uses in a B-4, no one appeared in opposition and 35 property owners were notified of the public hearing. The following voted aye: Anderson, Barden, Elsen, Feyereisen, Guertin, Halpaus and Magnuson. The following voted no: Nystrom. Motion carried 7-1. Moved by Commissioner Barden and seconded by Commissioner Nystrom to adjourn. The meeting adjourned at 8:39 p.m. Motion carried. �f T p hair ren Feyereisen rl nom- o ✓1 Secretary Elsen CRYSTAL PLANNING COMMISSION MINUTES February 8, 1988 The meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following present: Anderson, Barden, Christopher, Elsen, Guertin, Halpaus, Magnuson and Nystrom; the following were absent Feyereisen and Kamp; also present were Building Inspector Peterson, City Engineer Monk and Recording Secretary Scofield. Moved by Commissioner Barden and seconded by Commissioner Elsen to approve the minutes of the January 11, 1988, meeting. Motion carried. I. Consideration of a building permit of Brutger Companies for construction of a 79 -unit senior citizen rental housing at 6315 - 55th Avenue North. Moved by Commissioner Christopher and seconded by Commissioner Nystrom to recommend to the City Council to approve authorization to issue building permit #237 to Brutger Companies for construction of a 209 x 254 ft. 79 -unit senior citizen rental housing at 6315 - 55th Avenue North, P.I.D. #05-118-21-44-0048, subject to standard procedure. Motion carried. 2. Consideration of tentative approval of proposed plat Finley Addition located at 3209 Florida Avenue North. Moved by Commissioner Guertin and seconded by Commissioner Christopher to recommend to the City Council to grant tentative approval of Finley Addition which is a replat of the pant of Lot 10 Lying east of the west 22 feet thereof, Block 3, Gardendale Acres. Motion carried. 3. Consideration of Conditional Use Permit Application #88-1 for a convenience food establishment (oriental take-out) in a B-4 District at 2724 Douglas Drive. Moved by Commissioner Elsen and seconded by Commissioner Barden to set a public hearing before the Planning Commission at 7:30 p.m., or as soon thereafter as the matter may be heard, Monday, March 14, to consider the request of Kok Ching Cheng in Application #88-1 to allow a convenience food establishment (oriental take-out) in a B-4 District (Community Commercial) (Section 515.37, Subd. 4 i) at 2724 Douglas Drive, P.I.D. #21-118-21-33-0039. Motion carried. February 8, 1988 - Continued 4. William Mavity and Jay H. Isenberg, representing Steven A. Weisman of SteveO's, appeared regarding Variance Applications #88-4, #88-2 and #88-3 to vary the required number of parking stalls; to expand a non -conforming structure and to vary the front yard setback requirements at 4900 West Broadway. They stated Mr. Weisman's intention to increase the food business and to remodel the second floor for additional dining space and the addition of a solarium. A. Moved by Commissioner Elsen and seconded by Commissioner Christopher to recommend to the City Council to deny a variance of 25 off-street parking spaces of the required 25 spaces at 4900 West Broadway, P.I.D. #09-118-21-31-0007, as requested in Application #88-4 of Steven Weisman. The findings of fact are: Although the Commission has sympathy and would like to see the business expand, it would not be in the City's best interest. For this much of a parking variance SteveO's cannot rely on surrounding businesses to provide the requirement. Motion carried. B. Moved by Commissioner Barden and seconded by Commissioner Nystrom to give no recommendation on a variance to expand a non -conforming use, said non- conformity being the existing building encroaches 211+ in the required 22' front yard setback, and a variance of 211+ in the required 22' Front yard setback to permit remodeling the existing structure at 4900 West Broadway, P.I.D. #09-118-21-31-0007, as requested in Applications #88-2 and #88-3 of Steven Weisman. The above motion was based on action in Item A above. Motion carried. Moved by Commissioner Barden and seconded by Commissioner Elsen to adjourn. Motion carried. The meeting adjourned at 8:34 p.m. Vice -Chain on Magnuson I L_z"_ (t A,- -- 1�Secretary Elsen CRYSTAL PLANNING COMMISSION MINUTES March 14, 1988 The meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following present: Anderson, Barden, Elsen, Feyereisen, Halpaus, Kamp, Magnuson and Nystrom; the following were absent Christopher and Guertin; also present were Building Inspector Peterson, City Engineer Monk and Recording Secretary Scofield. Moved by Commissioner Magnuson and seconded by Commissioner Elsen to approve the minutes of the February 8, 1988, meeting. Motion carried. 1. Chairperson Feyereisen declared this was the time and the place as advertised for a public hearing to consider Condi- tional Use Permit Application #88-1 for a convenience food establishment (oriental take-out) in a B-4 District at 2724 Douglas Drive as submitted by Kok Ching Cheng. The City Engineer stated this application was similar to the subma- rine sandwich shop proposal the Planning Commission ap- proved about a year ago, and the parking availability is in excess, of the needs of the shops in this strip. Moved by Commissioner Barden and seconded by Commissioner Nystrom to close the public hearing. Motion carried. Moved by Commissioner Barden and seconded by Commissioner Magnuson to recommend to the City Council to approve Appli- cation #88-1, as submitted by Kok Ching Cheng to allow a convenience food establishment (oriental take-out) in a B-4 District (Community Commercial) (Section 515.37, Subd. 4 i) at 2724 Douglas Drive, P.I.D.#21-118-21-33-0039. The findings of fact are: Similar to application with same use approved year ago, no opposition and good addition to Lamplighter Square. Motion carried. 2. Consideration of a building permit of Mikkelson-Wulff Con- struction for remodeling for a take-out restaurant at 2724 Douglas Drive. Moved by Commissioner Elsen and seconded by Commissioner Kamp to recommend to the City Council to approve autho- rization to issue building permit #000331 to Mikkelson- Wulff Construction on behalf of Tom and Corrina Cheng for remodeling for an Oriental take-out restaurant at 2724 Douglas Drive, P.I.D. #21-118-21-33-0039, subject to standard procedure. Motion carried. March 14, 1988 - Continued 3. Thomas L. Philstrom appeared regarding a building permit for an aircraft storage hangar at Lot 3-2B, Crystal Airport. Moved by Commissioner Barden and seconded by Commissioner Magnuson to recommend to the City Council to approve authorization to issue building permit #000289 to Thomas L. Philstrom to build a 401x100' aircraft storage hangar at Lot 3-2B, Crystal Airport, subject to standard procedure. Motion carried. 4. Consideration of final plat approval of Opsahl Addition located at 5757 Orchard Avenue North. Moved by Commissioner Magnuson and seconded by Commissioner Kamp to recommend to the City Council to grant final plat approval of Opsahl Addition which is a replat of Lot 1, Block 2, Twin Lake Park 2nd Addition. Motion carried. 5. Representative of Dawkins Construction Co. appeared regard- ing a building permit for remodeling for an office at 5926 - 56th Ave. N. Moved by Commissioner Magnuson and seconded by Commissioner El.sen to recommend to the City Council to approve autho- rization to issue building permit #000330 to Dawkins Con- struction Co. on behalf of R. A. & D. M. Stanchfield for remodeling for an suffice at 5926 - 56th Ave. N., P.I.D. #04-118-21-32--0088, subject to standard procedure. Motion carried. Moved by Commissioner Magnuson and seconded by Commissioner Barden to adjourn. Motion carried. The meeting adjourned at 8:02 p.m. f". Q, 4, ecretary Elsen 5-7 /66 CRYSTAL PLANNING COMMISSION MINUTES April 11, 1988 The meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following present: Anderson, Barden, Christo- pher, Elsen, Feyereisen, Guertin, Kamp, Magnuson and Nystrom; the following was absent Halpaus; also present were Building Inspector Peterson, City Engineer Monk and Recording Secretary Scofield. Moved by Commissioner Magnuson and seconded by Commissioner Elsen to approve the minutes of the March 14, 1988, meeting. Motion carried. 1. Moved by Commissioner Elsen and seconded by Commissioner Guertin to consider the last item on the agenda first because of health reasons of the applicant. Motion carried. Consideration was given to a land split in lieu of a plat as requested by Alvin and Doris Gotsch, property located at 3136 Douglas Drive. Moved by Commissioner Magnuson and seconded by Commissioner Christopher to recommend to the City Council to grant the Gotsch Land Split, located at 3136 Douglas Drive, P.I.D. #21-118-21-32-0003 as requested by Alvin and Doris Gotsch. Motion carried. 2. Consideration was given to a building permit for an air- craft storage hangar at Lot 80E, Crystal Airport as applied for by James Schumacher. Moved by Commissioner Elsen and seconded by Commissioner Barden to recommend to the City Council to approve autho- rization to issue building permit #000424 to James Schu- macher to build a 721x40' aircraft storage hangar at Lot 80E, Crystal Airport, subject to standard procedure. Motion carried. 3. Consideration was given to Variance Applications #88-3 to vary the requirement of a 60' lot width and #88-4 for an addition which will encroach in the required 5' side yard setback at 4232 Zane Ave. N as requested by Arthur A. Theyson. Moved by Commissioner Magnuson and seconded by Commissioner Kamp that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.15, Subd. 2 a) 1), to grant a variance of 20' in the required 60' lot width, and 161 April 11, 1988 - Continued Section 515.13, Subd. 3 a) 1), to grant a variance of 1' in the required 5' side yard setback to build a 31' x 20' addition at 4232 Zane Ave. N., P.I.D. #16-118-21-21-0073, as requested in Applications #88-3 and #88-4 of Arthur A. Theyson. The findings of fact are: In order to make any improvement or addition would require a variance because of the lot size. 1' side yard variance is minimal. Addition would improve the non-conformance of the size of the house. Motion carried. 4. Consideration was given to Variance Applications #88-5 to expand a non -conforming building, said non -conformity being the existing garage encroaches in the required 25' setback from the public right-of-way (street), and #88-6 to vary the public right-of-way (street) setback requirements to allow an addition to the garage at 5261 Edgewood Ave. N. as requested by James Becker. Mored by Commissioner Christopher and seconded by Commis- sioner Barden that pursuant to Section :515.55 of the Crys- tal City Cade to recommend to the City Council to vary or modify the strict application of Section 515.05, Subd. 2, to expand a non -conforming building; and Section 515.07, Subd. 5 c) 7) to grant a variance of 51 in the requ,ired. 25" that a garage is to be set back from the public right-of- way (street) to allow a 10, x 201 addition to the existing 1.4' x 20' garage, 5261 Edgewood Ave. N., P.T.D. #08-118-21- 11-0086, as requested in Applications #88-5 and #88-6 of James Becker. The findings of fact are: Addition conforms with existing garage, and no problem with existing garage in that vicin- ity. Motion carried. 5. Consideration was given to Variance Application 498-7 to vary the lot width from the required 60" lot width at 6500 - 44th Ave. N. as requested by Harvey F. Hagel. Moved by Commissioner Barden and seconded by Commissioner Magnuson to table for further study by the Planning Commission until May 9, 1988, Variance Application #88-7 of Harvey F. Hagel concerning a variance of 3.7' in the re- quired 60' lot width at 6500 - 44th Ave. N., P.I.D. #17- 118-21-11-00621 in order to determine the feasibility of extending the sewer from 44th Avenue and thereby avoid the need for a variance. April 11, 1988 - Continued The following voted aye: Anderson, Barden, Christopher, Elsen, Guertin, Kamp, Magnuson and Nystrom. The following voted no: Feyereisen Motion carried 8-1. 6. Given no action on previous item, no action necessary re- garding tentative approval of proposed plat Hagel Addition located at 6500 - 44th Ave. N., which is a replat of Fair- view Acres 2nd Unit, as submitted by Harvey F. Hagel. 7. Consideration was given to Application #88-8 for rezoning property from B-4 District to B-3 District and Application #88-9 for a conditional use permit to allow automotive re- pair and related automotive shops in B-3 at 5200 Douglas Drive, as requested by Mark Hebert of Minnesota Auto Serve Center Partners. moved by Commissioner Christopher and seconded by commis sinner Kamp to set a public hearing before the Planning Commission at 7:30 p.m., or as soon thereafter as the matter may be heard, Monday, May 9, 1988, to consider the request of Minnesota Auto Serve Center Partners to rezone from B-4 District (Community Commercial) to B-3 District (Auto -Oriented Commercial) and Application #88-9 for a conditional use permit to allow a tire shop, muffler shop, tune & lube, stereo shop, radiator shop, engine repair, glass replacement, car detailing and rustproofing in B-3 District (Section 515.35, Subd. 4 c) at 5200 Douglas Drive, P.I.D. #09-118-21-22-0050. Motion carried. 8. Alan Chazin of Homedale Builders, Inc. appeared regarding tentative approval of proposed plat Winnetka Woods located at 3411 Winnetka Ave. N. He stated it was necessary to plat at least 6 lots to make the project economically fea- sible, plans to build houses valued at $125,000 and attempt to save as many trees as possible, hence the name Winnetka Woods. The following concerns were raised by individuals in oppo- sition: developer must be paying too much for the lots to have to build 6 houses, will change the character of the area to remove so many trees as the existing houses are set back, noise study done on Winnetka shows noise level ex- ceeds PCA code presently and removing the natural barrier (trees) would increase the level, wooded area offsets the liability of light industrial on the other side of Win- netka, potential loss of trees because of the disturbance in the area and reduction in value of existing homes, be- lieve value of potential homes inflated as existing homes April 11, 1988 - Continued have a value range of $72,000 to $92,000. The following were heard: John Martin, 7900 - 35th Ave. N. Michael Blehert, 3408 Utah Diane Schipper, 3425 Winnetka Paul Goda, 3349 Winnetka John Javner, 3309 Winnetka Pauline Langsdorf, 8100 - 33rd Ave. N. Ryan Schroeder, 3356 Utah Paul Andress, 3416 Utah Sue Blehert, 3408 Utah Moved by Commissioner Magnuson and seconded by Commissioner Andersen to recommend to the City Council to duty tentative approval of Winnetka Woods which is a replat of Lets 1, 2 & 3, Block 11 Winnetka Park 5th Addition. No findings of fact are reined, but the following were given: Lets were originally set up for three single family homes, value of existing homes along Winnetka range between $80,000 and, $100,000 so proposed $125,000 homes appear inconsistent, noise pollution and potential of new additions needing the granting of variances. The following voted aye: Anderson, Eisen and Magnuson. The following voted no: Barden, Christopher, Feyereisen, Guertin and Nystrom. The following abstained: Kamp. Motion failed 5-3. Moved by Commissioner Eisen and seconded by Commissioner Nystrom to table for further study by the Commission until May 9, 1988, tentative approval of Winnetka Woods which is a replat of Lots 1, 2 & 3, Block 1, Winnetka Park 5th Addition. Motion carried. Moved by Commissioner Magnuson and seconded by Commissioner Nystrom to adjourn. Motion carried. The meeting adjourned at 9:21 p.m. C airpe s Feyereisen o._ S retary Eisen CRYSTAL PLANNING COMMISSION MINUTES May 9, 1988 The meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following present: Anderson, Barden, Christo- pher, Elsen, Feyereisen, Guertin, Halpaus, Kamp, Magnuson and Nystrom; also present were Building Inspector Peterson, City Engineer Monk and Recording Secretary Scofield. Moved by Commissioner Magnuson and seconded by Commissioner Elsen to approve the minutes of the April 11, 1988, meeting. Motion carried. 1. Chairperson Feyereisen declared this was the time and the place as advertised for a public hearing to consider Ap- plication #88-8 as submitted by Mark Hebert of Minnesota Auto Serve Center Partners to rezone from B-4 District (Community Commercial) to B-3 District (Auto -Oriented Com- mercial) and Application #88-9 for a conditional use per- mit to allow automotive repair and related automotive shops in B-3 at 5200 Douglas Drive. The proponents pre- sented the following: Mark Hebert stated he had a "hard" lease with 30% of the proposed tenants and a "strong in- tent" with 60% of the proposed tenants. Wally Kluse, com- mercial realtor, had tried to interest various businesses in the property using the present zoning but they were not interested, believes good to concentrate auto usage, good for competition and good for consumers. Dr. John Grant stated Northwest Family Physicians has tried to market the property for the past 18 months, believes the Comprehen- sive Plan has been changed and resents the $5,000 per month it costs to care for the property. Bob Hurd of Auto Max (muffler tenant) entered into preliminary lease agree- ment. They have 11 stores and each is very successful, providing service at competitive rates. Comfortable with competitive situation. The following voiced their concerns and opposition: Bill Jurkens, Octopus Car Wash, 5301 Douglas Drive Chuck Russell, Jiffy Lube, 5273 W. Broadway Carl Peterson, Carl's Tire, 5500 W. Broadway Mike Noonan, Hanson Court Apts., 5329, 5332, 5340 Hanson Court John Groettum, Market Tire, 54th & W. Broadway Rollie Smothers, City Council Person Craig Fitch, Motor Parts Service, 5140 W. Broadway. These concerns were as follows: Will have to decide to have a few businesses doing the same thing and doing well or many businesses doing the same thing and not doing well, many gas stations have May 9, 1988 - Continued closed, the auto mall in Anoka is having a hard time, feels will devalue property (apartment complexes), traffic not planned to handle this type of operation, concerned that property will not be kept clean with many tenants and heavy turnover, entire Broadway area oversaturated with auto -related business, if included auto sales and ques- tioned only one best use of property (auto -related). Moved by Commissioner Magnuson and seconded by Commis- sioner Elsen to close the public hearing. Motion carried. Moved by Commissioner Halpaus and seconded by Commissioner Christopher to recommend to the City Council to approve Application 88-8, as submitted by Minnesota Auto Servs Center Partners, to rezone from B-4 District (Community Commercial) to B-3 District (Auto -oriented Commercial) and Application #88-9 for a conditional use permit to allow a tire shop, muffler shop, tune & lube, stereo shop, radia- tor shop, engine repair, glass replacement, car detailing and rustproofing in B-3 District (Section 515.35, Subd. 4 c) at 5200 Douglas Drive, P.I.D. 409-118-21-22-0050. The findings of fact are: Suitable use, serious effort to attract other business conforming with zoning and will im- prove appearance of property for the City. The following voted aye: Christopher, Guertin, Halpaus and Kamp. The following voted no: Anderson, Barden, Elsen, Feyereisen, Magnuson and Nystrom. Motion lost 4-6. Moved by Commissioner Magnuson and seconded by Commis- sioner Anderson to recommend to the City Council to deny Application #85-8, as submitted by Minnesota Auto serve Center Partners, to rezone from. B-4 District (Communit.y Commercial) to B-3 District (Auto -Oriented Commercial) and Application #88-9 for a conditional use permitto allow a tire shop, muffler shop, tune & lube, stereo shop, radia- tor shop, engine repair, glass replacement, car detailing and rustproofing in B-3 District (Section 515.35, Subd. a c) at 5200 Douglas Drive, P.T.D. X09-118-21-22-0050. The findings of fact are: Believe creating oversaturation of auto -oriented services, applicant has not demonstrated a need for further auto -oriented businesses in our City. The following voted aye: Anderson, Barden, Elsen, Fey- ereisen, Magnuson and Nystrom. The following voted no: Christopher, Guertin, Halpaus and Kamp. Motion carried 6-4. May 9, 1988 - Continued 2. Consideration of tentative approval of proposed plat Hagel Addition located at 6500 - 44th Ave. N. which includes a variance request (Variance Application #88-7, tabled at meeting of April 11) to the required 60' lot width. Moved by Commissioner Elsen and seconded by Commissioner Christopher to recommend to the City Council to grant ten- tative approval of Hagel Addition which is a replat of Lot 18, Fairview Acres 2nd Unit including varying or modifying the strict application of Section 515.15, Subd. 2 a) 1), to grant a variance of 3.7' in the required 60' lot width at 6500 - 44th Ave. N., P.I.D. #17-118-21-11-0062, as re- quested in Application #88-7 of Harvey F. Hagel. The findings of fact are: House will look better facing 44th Ave. N., small variance for improvement to City. Motion carried. 3. Reconsideration of tentative approval of proposed plat Winnetka Woods (tabled at meeting of April 11) located at 3411 Winnetka Ave. N. as requested by Alan Chazin of Home - dale Builders, Inc. Moved by Commissioner Magnuson and seconded by Commis- sioner Barden to table for further study tentative ap- proval of Winnetka Woods which is a replat of Lots 1, 2 & 3, Block 1, Winnetka Park 5th Addition. Motion carried. 4. Drake Jackson appeared regarding Variance Application #88- 12 to build a garage which will encroach in the required 5' side yard setback at 5237 Idaho Ave. N. Moved by Commissioner Barden and seconded by Commissioner Kamp 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. 3 a) 1), to grant a variance of 2' in the required 5' side yard setback to build a 21' x 26' attached garage at 5237 Idaho Ave. N., P.I.D. #08-118-21-12-0111, as requested in Application #88-12 of Drake Jackson. The findings of fact are: No detriment to neighbors, have granted such a variance in the past and welcome addition to home. Motion carried. 5. Richard Harrison of Land Innovations, Inc. appeared re- garding a building permit for an aircraft storage hangar at Lot 68E, Crystal Airport. Moved by Commissioner Christopher and seconded by Commis- sioner Guertin to recommend to the City Council to approve May 9, 1988 - Continued authorization to issue building permit #000549 to build a 50' x 361 aircraft storage hangar at Lot 68E, Crystal Air- port, subject to standard procedure. Motion carried. 6. Consideration of Variance Application #88-14 for a deck on the house which encroaches in the required 401 rear yard setback at 6329 - 45th Place N. as requested by Robert Rehberg on behalf of Sharon Peterson. Moved by Commissioner Barden and seconded by Commissioner Christopher that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or mod- ify the strict application of Section 515.13, Subd. 4 a), to grant a variance of 2' in the required 40' rear yard setback for a 10' x 101 deck on the existing house, 6329 - 45th Place M., P.1,D. 008-118-21-44-0147, as requested in Application 88-14 of Robert Rehberg on behalf of Sharon Peterson. The findings of fact are: Deck already there, valued addition and a housekeeping matter to satisfy the court as ordered. Motion carried. 7. Consideration of final plat approval of Finley Addition located at 3209 Florida Ave. N. Moved by Commissioner Elsen and seconded by Commissioner Kamp to recommend to the City Council to grant final plat approval of Finley Addition with the condition that ease- ment of 101 is provided between Lots 1 and 2 which is a replat of Lot 10 lying east of the west 22 feet thereof, Block 3, Gardendale Acres. Motion carried. 8. Jean Lewis appeared regarding an extension of Variance Applications #87-21 and #87-22. Moved by Commissioner Barden and seconded by Commissioner Halpaus that pursuant to Section 515.55, Subd. 7, to rec- ommend to the City Council to grant an extension until May 5, 1989, of Variance Applications #87-21 and #87-22 (3W variance in required 401 rear yard setback and 101 vari- ance in required 30' side street side yard setback to build a 34' x 261 detached garage), as requested by Jean and Craig Lewis, 48.01 Louisiana Ave. N. Motion carried. 9. Harvey Howard, Jr. appeared regarding an extension of Variance Applications #82-72 and #82-73. May 9, 1988 - Continued As the Commission was uncomfortable extending variances that had lapsed, it was decided to go through the request- ing variances process again. Moved by Commissioner Barden and seconded by Commissioner Magnuson that pursuant to Section 515.55 of the 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 a 40' lot; and Section 515.07, Subd. 5 c) 7) to grant a variance of 3' in the required 25' setback from alley for a 24' x 24' detached garage) at 3409 Kyle Ave. N., P.I.D. #07-029-24- 12-0165, as requested in Applications #88-16 and #88-17 of Harvey Howard, Jr., The findings of fact are: Consistent with previous vari- ances approved and improvement to the property. Recommend the fees be waived. Motion carried. lo. Consideration of ordinance amendment concerning vehicle sales uses. Moved by Commissioner Magnuson and seconded by Commis- sioner Elsen to continue until June 13 the discussion of a recommendation to modify Section 515.35 of City Code con- cerning vehicle sales defined as a conditional use in a B-3, Auto -Oriented Commercial, District Motion carried. Moved by Commissioner Anderson and seconded by Commissioner Kamp to adjourn. Motion carried. The meeting adjourned at 9:44 p.m. 1 ha r cn Feyereisen Secretary Elsen CRYSTAL PLANNING COMMISSION MINUTES June 13, 1988 The meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following present: Anderson, Christopher, Elsen, Feyereisen, Guertin, Halpaus, Kamp, Magnuson and Nystrom; the following was absent Barden; also present were Building Inspec- tor Peterson, City Engineer Monk and Recording Secretary Scofield. Moved by Commissioner Christopher and seconded by Commissioner Halpaus to approve the minutes of the May 9, 1988, meeting. Motion carried. 1. Reconsideration of tentative approval of proposed plat Winnetka Woods (tabled at meeting of May 9) located at 3411 Winnetka Ave. N. as requested by Alan Chazin of Home - dale Builders, Inc. The following concerns were raised by individuals in oppo- sition; questioned the latest noise studies by PCA (believes higher) , thinks noise level will be higher when trees are removed prier to construction of homes, con- cerned with drainage problem of Lot 1 (who will be respon- sible for flooding onto adjoining lot?) and questioned the grade of Leat 5 and Winnetka Ave. The fallowing were heard Mike Blehert, 3408 Utah Diane Schipper, 3425 Winnetka Jim Glyer, 3425 Winnetka Ryan Schroeder, 3356 Utah Moved by Commissioner Christopher and seconded by Commis- sioner Elsen to recommend to the City Council to deny ten- tative approval of Winnetka Woods which is a replat of Lots 1, 2 & 3, Block 1, Winnetka Park 5th Addition. The findings of fact are: The noise pollution factor and questioning the PCA noise studies, Commission facing request for variances on Lot 1 and the drainage problem of Lot 1. Motion carried. 2. Elaine M. Pregent appeared regarding Variance Applications #88-20 and #88-21 to widen the driveway in the front yard towards the house and to vary the front yard setback re- quirements to allow the construction of a deck at 5917 - 46th Ave. N. June 13, 1988 - Continued Moved by Commissioner Elsen and seconded by Commissioner Christopher that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or mod- ify the strict application of Section 515.09, Subd. 6 e) and f) in order to widen the driveway in the front yard towards the house; and Section 515.13, Subd. 2 a) to grant a variance of 5' in the required 30' front yard setback to allow the construction of a 5' x 20' deck on the existing house at 5917 - 46th Ave. N., P.I.D. #09-118-21-33-0079, as requested in Applications #88-20 and #88-21 of Elaine M. Pregent. The findings of fact are: Problems inherent to property makes variances necessary, good addition to the house and no detriment to neighbors. Motion carried. 3. William L. Feist appeared regarding Variance Applications #88-22 and #88-23 to expand a non -conforming use, said non -conformity being the 40' lot width instead of the re- quired 60' lot width, and to vary the set back from the public right-of-way (alley) requirements to allow a de- tached garage at 3425 Major Ave. N. Moved by Commissioner Christopher and seconded by Commis- sioner Kamp that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or mod- ify the strict application of Section 515.05, Subd. 2, to expand a non -conforming use; and Section 515.07, Subd. 5 c) 7) to grant a variance of 3' in the required 25' that a garage is to be set back from the public right-of-way (alley) to permit construction of a 24' x 24' detached garage at 3425 Major Ave. N., P.I.D. #07-029-24-12-0110, as requested in Applications #88-22 and #88-23 of William L. Feist. The findings of fact are: Good use of the backyard and good addition to the property. Motion carried. 4. A representative of Modern Insulation on behalf of Dennis Holland appeared regarding Variance Applications #88-24 and #88-25 to expand a non -conforming use, said noncon- formity being the 6,480 sq. ft. in area instead of the required 7,500 sq. ft. in area, and to vary the rear yard setback requirements to allow for an enlarged kitchen and deck at 5917 - 38th Ave. N. Moved by Commissioner Magnuson and seconded by Commis- sioner Christopher 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; and Section 515.13, June 13, 1988 - Continued Subd. 4 a), to grant a variance of 3' in the required 40' rear yard setback for a 12' x 13' enlarged kitchen and 9' x 12' deck at 5917 - 38th Ave. N., P.I.D. #16-118-21- 33-0107, as requested in Applications #88-24 and #88-25 of Modern Insulation on behalf of Dennis Holland. The findings of fact are: Small variances, will enhance the home and no problem for neighbors. Motion carried. 5. Wallace E. Anderson of Twin Oaks Realty on behalf of Frank Beelen appeared regarding tentative approval of proposed plat Beelen Addition located at 3836-38 Douglas Drive which includes a Variance Application #88-26 which will encroach in the required 5' side yard setback. Moved by Commissioner Magnuson and seconded by Commis- sioner Elsen to recommend to the Cite Council to grant tentative approval of Beelen Addition whish is a replat of Units 1 and 2 Condominium No, 281 Beeler Condominiums which includes varying or modifying the strict application of Section 515.13, Subd. 3 .a) 1) , to grant a variance of 5' in the required 50 side yard setback at 3836-38 Douglas Drive, as ]requested in Application #88-26 of Wallace E. Andersen of Twin Oaks Realty on behalf of Frank Beelen. This approval was given upon the conditions of construc- tion of an appropriate fire gall, separate sewer and standard maintenance agreement. The findings of fact: Should be no problems with 0 lot line. Motion carried. 6. Jack Stack appeared regarding Variance Application #88-27 for a porch on the existing house which will encroach in the required 40' rear yard setback at 8117 - 35th Ave. N. Moved by Commissioner Christopher and seconded by Commis- sioner KamP that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or mod- ify the strict application of Section 515.13, Subd. 4 a), to grant a variance of lit in the required 40' rear yard setback for a 121 x 12' porch on the existing house, at 811.7 - 35th Ave. N., P.I.D. #19-118-21-11-006+x, as re- quested in Application #88-27 of the Denesen Co. on behalf of Jack Stack. The findings of fact are: Enhancement to the property and no apparent problems for the neighborhood as it is /-7 June 13, 1988 - Continued consistent with the neighbor adjacent to property. Motion carried. 7. Edward and Eileen Champeau appeared regarding Variance Ap- plication #88-28 for a porch on the existing house which will encroach in the required 40' rear yard setback at 8216 - 30th Ave. N. Moved by Commissioner Guertin and seconded by Commissioner Anderson that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.13, Subd. 4 a), to grant a variance of 4' in the required 40' rear yard setback for a 12' x 20' 3 -season porch on the exist- ing house, at 8216 - 30th Ave. N., P.I.D. #19-118-21-41- 0115, as requested in Application #88-28 of Edward and Eileen Champeau. The findings of fact are: Nice addition to the house and a 4' variance is nominal to the setback. Motion carried. 8. Consideration of Application #88-29 of Norling Sales and Leasing, Inc. for rezoning property from B-4 District to B-3 District at 6048 Lakeland Ave. N. Moved by Commissioner Magnuson and seconded by Commis- sioner Christopher to set a public hearing before the Planning Commission at 7:30 p.m., or as soon thereafter as the matter may be heard, Monday, July 11, 1988, to con- sider the request of Norling Sales and Leasing, Inc. in Application #88-29 to rezone from B-4 District (Community Commercial) to B-3 District (Auto -Oriented Commercial), 6048 Lakeland Ave. N., described as Lot 2, Block 1, Engstrom Addition. Motion carried. 9, Bradley and Lori Jo Sievert appeared regarding Variance Application #88-30 for a deck on the house being built which will encroach in the required 40' rear yard setback at 6406 - 60th Ave. N. Moved by Commissioner Christopher and seconded by Commis- sioner 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 515.13, Subd. 4 a), to grant a variance of 2' in the required 40' rear yard setback for a 10' x 22' deck on the house being built, at 6406 - 60th Ave. N., P.I.D. #05-118-21-11-0099, as requested in Application #88-30 of Bradley and Lori Jo Sievert. f 73 June 13, 1988 - Continued The findings of fact are: Such a small variance and good addition to the new house. Motion carried. 10. Bruce R. Lundquist appeared regarding Variance Application #88-32 to expand a non -conforming use, said non -conformity being the 57' lot width instead of the required 60' lot width, for a deck on the existing house, at 4361 Zane Ave. N. Moved by CommissionerChristopher and seconded by Commis- sioner Damp that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council, to vary or modify the strict application of Section 515.15, Subd. 2 a) 1), to grant a variance of 3' in the required 60' lot width to allow the construction of a 14' x 25' deck on the existing house at 4361 Zane Ave. N., P.I.D. #16-1.18-21-22- 0064, as requested. in Application 088-32 of Bruce R. Lundquist. The findings of fact are: Nominal variance and everything else meets Code except lot width. Motion carried. ].l. C. Allan Bodin appeared regarding Variance Application #88-33 for a porch and deck on the existing house which will encroach in the required 40' rear yard setback at 8009 - 35th Ave. N. Moved by Commissioner Kamp and seconded by Commissioner Christopher that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.13, Subd. 4 a), to grant a variance of 8' in the required 40' rear yard setback for a 12' x 14' porch and 4' x 14' deck on the existing house, at 8009 - 35th Ave. N., P.I.D. #19- 118-21-11-0062, as requested in Application #88-33 of C. Allan Bodin. The findings of fact are: Other houses in the neighbor- hood with similar size lots have had similar variances granted and improves the appearance of the home. Motion carried. -12. Consideration of ordinance amendment concerning vehicle sales uses. Moved by Commissioner Magnuson and seconded by Commis- sioner Elsen to recommend to the City Council to approve a recommendation to modify Section 515.35 of City Code con- cerning vehicle sales defined as a conditional use in a B- 3, Auto -Oriented Commercial, District and I-1, Light In- dustrial, District, as provided in the City Engineer's June 13, 1988 - Continued memo with the addition to 9) of "Repair work of any kind on motor vehicles..." Motion carried. 13. Review of variance procedure for non -conforming residen- tial uses (discussion item only). Ordinance change op- tions to be presented at next meeting. 14. Preliminary discussion of Long Range Planning Commission recommendation concerning reconciliation of land use and zoning inconsistencies (discussion item only). City Engi- neer Monk suggested this be handled at a separate meeting. Moved by Commissioner Anderson and seconded by Commissioner Christopher to adjourn. Motion carried. The meeting adjourned at 9:45 p.m. Cliairper,06n Feyereisen Secretary Elsen # 75' CRYSTAL PLANNING COMMISSION MINUTES July 11, 1988 The meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following present: Anderson, Christopher, Elsen, Feyereisen, Halpaus, Kamp, Magnuson and Nystrom; the following were absent Barden and Guertin; also present were Building Inspector Peterson, City Engineer Monk and Recording Secretary Scofield. Moved by Commissioner Magnuson and seconded by Commissioner Elsen to approve the minutes of the June 13, 1988, meeting. Motion carried. 1. Chairperson Feyereisen declared this was the time and the place as advertised for a public hearing to consider Ap- plication #88-29 as submitted by Norling Sales & Leasing to rezone from B-4 District (Community Commercial) to B-3 District (Auto -Oriented Commercial) property located at 6048 Lakeland Ave. N. The proponent, Gunnar Norling, pre- sented the following: Would hope to have 25 to 30 cus- tomers per day, would cut down on auto inventory (business is 60% wholesale and 40% retail) or find a storage lot because of the size of the lot and could tell employees (5 including himself) to use an access farther north to cut down on the traffic generated. A petition with 49 signatures in opposition was submitted. The following voiced their concerns and opposition: Robert Bartosch, 6101 Florida Ave. N. Bob Meiseh, 6319 - 61st Ave. N. Bud Krattenmaker, 6057 Florida Ave. N. These concerns were as follows: traffic generated and the possible increase in vandalism, understood the Council would not allow another used car lot in the area, possible loss of property value for residents and the large number of trucks and cars on the present lot. Moved by Commissioner Elsen and seconded by Commissioner Halpaus to close the public hearing. Motion carried. Moved by Commissioner Magnuson and seconded by Commis- sioner Anderson to recommend to the City Council to deny Application #88-29, as submitted by Norling Sales and July 11, 1988 - Continued Leasing, Inc., to rezone from B-4 District (Community Com- mercial) to B-3 District (Auto -Oriented Commercial) prop- erty located at 6048 Lakeland Ave. N., legally described as Lot 2, Block 1, Engstrom Addition. The findings of fact are: 1) the size of the lot is too restrictive and not sufficient for the proposed long term use or other automotive uses, 2) increase of traffic in an area with poor access, 3) past history of problems with lots that size for used car sales and 4) close proximity of existing residential property and 5) possible adverse effect on the residential property values. Motion carried. 2. Consideration of final plat approval of Hagel Addition lo- cated at 6500 - 44th Ave. N. as requested by Harvey F. Hagel. Moved by Commissioner Elsen and seconded by Commissioner Christopher to recommend to the City Council to grant final plat approval of Hagel Addition which is a replat of Lot 18, Fairview Acres, 2nd Unit. Motion carried. 3. Daniel F. Otten appeared regarding variance Applications #88-34 and #88-36 to vary the rear yard setback require- ments and to vary the requirement from the corner of the property to the curb cut to allow for construction of an 80' x 50' double house at 5756 Orchard Ave. N. A. Moved by Commissioner Magnuson and seconded by Commis- sioner Christopher that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.13, Subd. 4 a), to grant a variance of 13' in the required 40' rear yard setback, for construction of an 80' x 50' double house at 5756 Orchard Ave. N., P.I.D. #04-118-21-41-0120, as requested in Applications #88- 34 of Daniel F. Otten. The findings of fact are: Have no problem with this particular variance for rear yard setback and good addition to the City. Motion carried. B. Moved by Commissioner Magnuson and seconded by Commissioner Christopher to recommend to the City Council to deny a variance of 18' in the required 50' from the corner of the property to the curb cut at July 11, 1988 - Continued 5756 Orchard Ave. N. as requested in Variance Applica- tion #88-36 of Daniel F. Otten. The findings of fact are: Setting precedence in allowing variance in the 50' from the corner of prop- erty and feels there are other ways building could be designed. Motion carried. 4. Stanley Krafka appeared regarding a building permit for an airplane hangar at Lot 68F, Crystal Airport. Moved by Commissioner Elsen and seconded by Commissioner Kamp to recommend to the City Council to approve autho- rization to issue building permit #000835 to Stanley Krafka to build a 38' x 40' airplane hangar at Lot 68F, Crystal Airport, subject to standard procedure. Motion carried. 5. James D. Haberle of Jasmic appeared regarding a building permit for remodeling the existing building at 5241 Hanson Court. 6'. 0 Moved by Commissioner Magnuson and seconded by Commis- sioner Halpaus to recommend to the City Council to approve authorization to issue building permit #000832 to James D. Haberle for remodeling the existing building located at 5241 Hanson Court, P.I.D. #09-118-21-22-0009, subject to standard procedure. Motion carried. Donald W. Hansen appeared regarding a building permit fox an airplane hangar at Lot 7A, Crystal Airport. Moved by Commissioner Christopher and seconded by Commis- sioner Elsen to recommend to the City Council to approve authorization to issue building permit #000842 to Donald W. Hansen to build a 40' x 92' airplane hangar at Lot 7A, Crystal Airport, subject to standard procedure. Motion carried. Consider amendment to the variance procedure for noncon- forming residential uses and structures. Moved by Commissioner Anderson and seconded by Commis- sioner Elsen to table for further study until August 8, 1988, An Ordinance Relating to ;Zoning: Amending Crystal City Code (Appendix I - Zoning) Subsection 515.05, Subdi- vision 2: Subsection 515.55, by Adding a Subdivision; 7 July 11, 1988 - Continued Repealing Subsection 515.55, Subdivisions 9 and 11. Motion carried. Moved by Commissioner Magnuson and seconded by Commissioner Halpaus to adjourn. Motion carried. The meeting adjourned at 9:15 p.m Chairpers eyereisen ,,Secretary Elsen CRYSTAL PLANNING COMMISSION MINUTES August 8, 1988 The meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following present: Barden, Christopher, Elsen, Guertin, Halpaus, Magnuson and Nystrom; the following were absent: Anderson, Feyereisen and Kamp; also present were Building Inspector Peterson, City Engineer Monk and Recording Secretary Borrell. Moved by Commissioner Elsen and seconded by Commissioner Halpaus to approve the minutes of the July 11, 1988, meeting. Motion carried. 1. Consideration was given to Variance Application #88-37 as requested by Timothy J. Bownik to allow two curb cut openings at 3557 Orchard Ave. N. Moved by Commissioner Elsen and seconded by Commissioner Christopher to recommend to the City Council to deny Variance Application #88-37 to allow two curb cut openings at 3557 Orchard Ave. N., P.I.D. #07-029-24-21-0016, as requested by Timothy J. Bownik. The findings of fact are: The hazard of backing out on to 36th Ave. not consistent with City policies and would not be best interest of City; creating a precedent of allowing two curb cuts. Motion carried. 2. Richard and Brenda Swanson appeared regarding Variance Applications #88-38 and #88-39 to expand a non -conforming building, said non -conformity being the existing building encroaches in the rear yard setback, and to vary the rear yard setback requirements to allow for an addition at 6625 - 45th Ave. N. Moved by Commissioner Guertin and seconded by Commissioner Halpaus 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.U5, Subd. 2, to expand a non -conforming use; and Section 515.13, Subd. 4 a) to grant a variance of 17161' in the required 40' rear yard setback to permit an addition to the existing house at 6.625 - 45th Ave. N., P.I.D. #17-118-21-11-0053. August 8, 1988 - continued The findings of fact are: It house; improve the appearance the non -conforming rear yard is a nice addition to of the house; will make setback less. Motion carried. 3. James Scott, building owner, and Yee Tee Wang of Keng's Chow Mein appeared regarding Variance Application #88-44 to grant a variance in the required number of parking spaces and a building permit for remodeling and expansion to the existing building at 6121 - 42nd Ave. N. A. Moved by Commissioner Elsen and seconded by Commissioner Halpaus to recommend to the City Council to deny Variance Application #88-44 to allow a variance of 20 spaces of the required 40 parking spaces at 6121 - 42nd Ave. N., P.I.D.#16-118-21-23- 0082, as requested by Yee Tee Wang. The findings of fact are: Fifty percent reduction of the on site parking is excessive given proposed use; the parking spaces available make year round usage questionable. By roll call and voting aye: Barden, Elsen, Guertin, Halpaus and Nystrom; voting no: Christopher and Magnuson. Motion carried 5 to 2. B. Moved by Commissioner Elsen and seconded by Commissioner Nystrom to recommend to the City Council to deny authorization to issue building permit #979 to Yee Tee Wang for remodeling and expansion to the existing building located at 6121 - 42nd Ave. N., P.I.D. #16-118-21-23-0082, subject to standard procedure. By roll call and voting aye: Barden, Elsen, Guertin, Halpaus and Nystrom; voting no: Christopher and Magnuson Motion carried 5 to 2. 4. Robert Mikulak of Rapid Oil appeared regarding a building permit for redoing exterior surface and adding wing walls at 5602 Lakeland Ave. N. Moved by Commissioner Christopher and seconded by Commissioner Barden to recommend to the City Council to approve authorization to issue building permit #989 to Rapid Oil for redoing the exterior surface and adding wing walls at 5602 Lakeland Ave. N., P.I.D. #04-118-21- 32-0022, subject to standard procedure. Motion carried. /r/ August 8, 1988 5. Consideration was given to Conditional Use Permit Application #88-42 of Crystal Shopping Center Assoc. (Paster Enterprises) for a drive-in convenience food establishment in a B-4 District at 5557 West Broadway. Moved by Commissioner Barden and seconded by Commissioner Christopher to set a public hearing before the Planning Commission at 7:30 p.m., or as soon thereafter as the matter may be heard, Monday, September 12, 1988, to consider the request of Crystal Shopping Center Assoc. in Application #88-42 to allow a drive-in convenience food establishment in a B-4 District (Community Commercial) at 5557 West Broadway, P.I.D. #05-118-21-43-0003. Motion carried. 6. Walter Johnson, Architect, appeared regarding Variance Application #88-43 to grant a variance in the required number of parking spaces and a building permit for interior remodeling and additions to the VFW at 5222 - 56th Ave. N. A. Moved by Commissioner Elsen and seconded by Commissioner Christopher that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.09, Subd. 8 v), and grant a variance of 45 spaces of the required 216 parking spaces at 5222 - 56th Ave. N., P.I.D. #04-118-21-43- 0010, as requested in Application #88-43 of Walter Johnson for the Charles R. Knaeble #494 VFW. The findings of fact are: VFW represents long term use; variance reasonable given club type use. Motion carried. B. Moved by Commissioner Barden and seconded by Commissioner Guertin to recommend to the City Council to approve authorization to issue building permit #992 to Walter Johnson for interior remodeling and building 50' x 501, 2814" x 13' and 2416" x 1718" additions to the Charles R. Knaeble #494 VFW at 5222 - 56th Ave. N., P.I.D. #04-118-21- 43-0010, subject to standard procedure. Motion carried. WWI August 8, 1988 7. Walter Johnson, Architect, appeared. regarding Variance Application #88-31 to expand a non -conforming building, said non -conformity being the existing building encroaches 81 in the required 22" front yard; setback, and a building permit for additions to the existing building at 5540 Lakeland Ave. F. (The Paddock). A. Moved by Commissioner Christopher and seconded by Commissioner Barden 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 building to permit 141 x 5412" and 8" x 2413" additions to be constructed at 5540 Lakeland Ave. N., P.I.D. #04-118-21-33-0013, as requested in Application #88-31 of Walter Johnson for L.J.D. Inc. (The Paddock). The findings of fact are: It is already a non- conforming building; nothing to do with the addition of the expansion. Motion carried. B. Moved by Commissioner Christopher and seconded by Commissioner Guertin to recommend to the City Council to approve authorization to issue building permit #995 to Walter Johnson for L.J.D. Inc. (The Paddock) for 14' x 5412" and 8' x 2413" additions to the existing building located at 5540 Lakeland Ave. N., P.I.D. #04-118-21-33-0013, subject to standard procedure. Motion carried. a. Consideration was given to final approval of Beelen Addition located at 3836-38 Douglas Drive. Moved by Commissioner Halpaus and seconded by Commissioner Guertin to recommend to the City Council to grant final approval of Beelen Addition which is a replat of Units 1 and 2 Condominium No. 281 Beelen Condominiums. Motion carried. 9. Consideration was given regarding Variance Application #88-41 for a deck on the house which will encroach in the required 30' side street side yard setback at 5325 Welcome Ave. N. August 8, 1988 - continued Moved by Commissioner Barden and seconded by Commissioner Christopher that pursuant to Section 515.55 of the Crystal City Cade to recommend to the. City Council to vary or modify the strict application of Section 5.5.13, Subd. 3 a) 2) iii), to grant a variance of 14' in the required 3V side street side yard setsback for a 161 X 241 deck on the existing house, 5325 Welcome Ave. N., P.I.D. #09-118-21-21-0020, as requested in Application 088-41 of Kevin J. Gannon.. The findings of fact are: It is a nice addition to the house; does not encroach in street right-of-way. Motion carried. 10. Reconsideration was given to amendment to the variance procedure for non -conforming residential uses and structures. Moved by Commissioner Christopher and seconded by Commissioner Nystrom to recommend to the City Council to approve An ordinance Relating to Zoning: Amending Crystal. City Code (Appendix I - Zoning) subsection 515.05, Subdivision 2: subsection 515.55, by Adding a Subdivision; Repealing Subsection 515.55, subdivisions 9 and 11. Motion carried. Moved by Commissioner Elsen and seconded by Commissioner Nystrom to adjourn. Motion carried. The meeting adjourned at 9:23 p.m. Vice-Chal. rs6n Ma nt�s�n Secret ry Elsen / YO CRYSTAL PLANNING COMMISSION MINUTES September 12, 1988 The meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following present: Anderson, Barden, Christo- pher, Elsen, Feyereisen, Guertin, Kamp, Magnuson and Nystrom; the following was absent: Halpaus; also present were Building Inspector Peterson, City Engineer Monk and Recording Secretary Scofield. Moved by Commissioner Elsen and seconded by Commissioner Magnu- son to approve the minutes of the August 8, 1988, meeting. Motion carried. Commissioner Halpaus arrived at 7:57 p.m. 1. Chairperson Feyereisen declared this was the time and the place as advertised for a public hearing to consider Ap- plication #88-42 as submitted by Crystal Shopping Center Assoc. (Paster Enterprises) for a drive-in convenience food establishment in a B-4 District at 5557 W. Broadway. The proponent, Jahn Streeter, presented, the following: Paul Pink & Assoc., sbapping center architect, designed 8 plans, building will match the rest of the center, one-way traffic in front of restaurant with parking to the south of the building, tennants in center would object to remov- ing parking stalls in roadway behind restaurant building and stop signs would be installed as needed to aid pedes- trian traffic. The following was heard: Mrs. Barry, 5260 Georgia Ave. N., felt the present building was an eyesore and should be torn down. Moved by Commissioner Anderson and seconded by Commis- sioner Christopher to close the public hearing. Motion carried. Moved by Commissioner Christopher and seconded by Commis- sioner Barden to recommend to the City Council to deny Ap- plication #88-42, as submitted by Crystal Shopping Center Assoc., to allow a drive-in convenience food establishment in a B-4 District (Community Commercial) (Section 515.37, Subd. 4 i) at 5557 W. Broadway, P.I.D. #05-118-21-43-0003. The findings of fact are: Nice enhancement to the corner, but proposed parking and building layout increases hazards in the area related to access and traffic flow. Motion carried. September 12, 1988 - Continued 2= Harold and Kathleen Barry were present regarding Variance Application #88-46 for a detached garage which will en- croach in the required 30' side street side yard setback at 5260 Georgia Ave. N. Moved by Commissioner Elsen and seconded by Commissioner Kamp 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. 3 a) 2) iii) to grant a variance of 10' in the required 30' side street side yard setback to build a 24' x 28' detached garage at 5260 Georgia Ave. N. The findings of fact are: Property would be enhanced con- siderably, and it would look better to have a variance than if he followed the rule. Motion carried. 3. Larry McDonald was present regarding Variance Application #88-47 for an attached garage which will encroach in the required 5' side yard setback at 3232 Louisiana Ave. N. Moved by Commissioner Christopher and seconded by Commis- sioner Elsen that pursuant to Section 515.55 of the Crys- tal City Code to recommend to the City Council to vary or modify the strict application of Section 515.13, Subd. 3 a) 1) to grant a variance of 2' in the required 5' side yard setback to build an 18' x 26' attached garage at 3232 Louisiana Ave. N. The findings of fact are: Good addition to existing structure, could not build a detached garage because of the back of the lot and one-hour fire wall condition of building permit. Motion carried. 4. Alan Chazin of Homedale Builders, Inc. was present re- garding tentative approval of proposed plat Winnetka Woods Addition located at 3411 Winnetka Ave. N. The City Engi- neer stated he had requested the City Attorney make a written interpretation of the PCA standards and was re- questing an additional PCA noise level test. Moved by Commissioner Christopher and seconded by Commis- sioner Elsen with the applicant's consent to continue to the October 10 Planning Commission Meeting tentative ap- proval of Winnetka Woods Addition which is a replat of Lots 1, 2 and 3, Block 1, Winnetka Park 5th Addition. Motion carried. September 12, 1988 - Continued 5. Consideration of a land split in lieu of a plat as re- quested by Gail Hedlund, property located at 3006 Douglas Drive. Moved by Commissioner Magnuson and seconded by Commissioner Christopher to recommend to the City Council to grant the Hedlund Land Split, located at 3006 Douglas Drive, P.I.D. #21-118-21-32-0013 as requested by Gail Hedlund and at the Council's discretion to waive the fee. Motion carried. 6. Consider approval of land sale and site plan for Rapid oil expansion at 5602 Lakeland Ave. N. Moved by Commissioner Magnuson and seconded by Commissioner Christopher to recommend to the City Council to grant ap- proval of land sale and site plan for Rapid Oil expansion, located at 5602 Lakeland Ave. N., P.I.D. #04-118-21-32- 0022. Motion carried. Moved by Commissioner Magnuson and seconded by Commissioner Barden to adjourn. Motion carried. The meeting adjourned at 9:0" yecretary Elsen - CRYSTAL PLANNING COMMISSION MINUTES October 10, 1988 The meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following present: Anderson, Barden, Guertin, Halpaus, Kamp, Magnuson and Nystrom; the following were absent: Christopher, Elsen and Feyereisen; also present were Building Inspector Peterson, City Engineer Monk and Recording Secretary Scofield. Moved by Commissioner Nystrom and seconded by Commissioner Anderson to approve the minutes of the September 12, 1988, meeting. Motion carried. Liz Reid appeared to ask the Planning Commission to endorse the concept of the proposed community center. Moved by Commissioner Nystrom and seconded by Commissioner Kamp to endorse the concept of the proposed community center. Motion carried. 1.. Consideration of an extension of Variance Application #87- 64 as requested by Leslie Opsahl. Moved by Commissioner Guertin and seconded by Commissioner Kamp that pursuant to Section 515.55, Subd. 7, to recom- mend to the City Council to grant an extension until Octo- ber 19, 1989, of Variance Application #87-64 (20' variance in required 40' rear yard setback for a potential house at 4819 - 58th Ave. N.) as requested by Leslie Opsahl, 5757 Orchard Ave. N. Motion carried. 2. Consideration of Variance Application #88-48 as requested by Gerald Coleman for a detached garage which will en- croach in the required 30' side street side yard setback at 4370 Brunswick Ave. N. Moved by Commissioner Barden 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 mod- ify the strict application of section 515.13, Subd. 3 a) 2) iii) to grant a variance of 5" in the required 301 side street side yard setback to build a 24' x 22' detached garage at 4370 Brunswick Ave. N., P.I.D. #16-118-21-22- 0125, as requested in Application #88-48 of Gerald Coleman. The findings of fact are: Best use of property and added value to the property. Motion carried. U; October 10, 1988 - Continued 3. Loren Rumpza of Albitz Design on behalf of First Minnesota appeared regarding a building permit to relocate an In- stant Cash Machine at 5440 West Broadway. Moved by Commissioner Halpaus and seconded by Commissioner Guertin to recommend to the City Council to approve au- thorization to issue building permit #1285 to Albitz De- sign for relocation of an Instant Cash Machine for First Minnesota at 5440 West Broadway, P.I.D. #05-118-21-44- 0006, subject to standard procedure. Motion carried. 4. Consideration of Variance Application #88-49 as requested by Steve Plant and Dane Dale of Crystal Super Valu for a freezer addition which will encroach in the required. 22' setback from the lot line on Colorado Avenue at 4210 Dou- glas Drive. Moved by Commissioner Anderson and seconded by Commis- sioner ramp that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or mod- ify the strict application of Section 515.13, Subd. 2 b) 1) to grant a variance of 9" in the required 22" setback to build a 201 x 121 freezer addition on the existing building at 4210 Douglas Drive, P.I.D. #16-118-21-22-0023, as requested in Application #88-49 by Steve plant and Dane Dale. The findings of fact are: Needed addition to the remodel- ing of the store and no interference to the residential area. Motion carried. 5. Consideration of building permits as requested by Carpen- ters Construction Co. on behalf of Crystal Super Valu for remodeling to the existing building at 4210 Douglas Drive. Moved by Commissioner Barden and seconded by Commissioner Nystrom to recommend to the City Council to approve au- thorization to issue building permits #1288 for remodeling the existing building and #1289 to install a concrete slab to Carpenters Construction Co. at 4210 Douglas Drive, P.I.D. #16-118-21-22-0023, subject to standard procedure. Motion carried. . Alan Chazin of Homedale Builders, Inc. appeared regarding tentative approval of proposed plat Winnetka Woods Addi- tion located at 3411 Winnetka Ave. N. City Engineer Monk explained the five -lot proposal with Lot 4 in violation of noise standards of the PCA. Mr. Chazin expressed a willingness to work with the PCA re- garding the noise standards. October 10, 1988 - Continued A petition with 90 signatures in opposition was submitted. The following voiced their concerns and opposition: Mike Blehert, 3408 Utah Sue Blehert, 3408 Utah Diane Schipper, 3425 Winnetka These concerns were as follows: believes the request should be tabled or denied if the standards can't be met, does not believe proposed replatting in the best interest of the City nor neighborhood, does not believe valuation of house on a busy street as proposed and greater valua- tion for three houses protected rather than five. Dave Kelco of the PCA stated there has been no litigation since the 1986 enactment of the MN Environmental Rights Act although the State could issue an injunction against City or developer for violations. On the proposed plat mitigative measures would include increase the setback for a house on Lot 4 or provide a berm. Moved by Commissioner Barden and seconded by Commissioner Nystrom to recommend to the City Council to deny tentative approval of Winnetka Woods Addition which is a replat of Lots 1, 2 and 3, Block 1, Winnetka Park 5th Addition lo- cated at 3411 Winnetka Ave. The findings of fact are: Lot 4 would be in clear viola- tion of PCA standards. Recommending denial would be strong statement before Council that they anticipate the noise pollution issue. Motion carried. 7. Consideration of final plat approval of Whinnery Terrace located at 5301 Douglas Drive (Octopus Car Wash). Moved by Commissioner Guertin and seconded by Commissioner Barden to recommend to the City Council to grant final ap- proval of Whinnery Terrace Second Addition which is a re - plat of Lots 1 and 2, Block 1, Whinnery Terrace located at 5301 Douglas Drive. Motion carried. Moved by Commissioner Halpaus and seconded by Commissioner Bar- den to adjourn. The meeting adjourned at 9:26 f C• Secretary Elsen Motion carried. p.m. Vice Chair on Magnuson 1 9 0 CRYSTAL PLANNING COMMISSION MINUTES November 14, 1988 The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Anderson, Elsen, Feyereisen, Guertin, Halpaus, Kamp, Magnuson and Nystrom; the following were absent: Barden and Christopher; also present were Building Inspector Peterson, City Engineer Monk and Recording Secretary Scofield. Moved by Commissioner Magnuson and seconded by Commissioner Elsen to approve the minutes of the October 10, 1988, meeting. Motion carried. Commissioner Barden arrived at 7:05 p.m. 1. Consideration of Variance Application #88-50 for an addi- tion and a deck on the existing house which will encroach in the required 40' rear yard setback at 3316 Louisiana Ave. N. as requested by Michael LeRoy Jorgenson. Moved by Commissioner Elsen and seconded by Commissioner Anderson that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or mod- ify the strict application of Section 515.13, Subd. 4 a) to grant a variance of 20' in the required 40' rear yard setback to build a 20' x 6' addition and a 14' x 17' deck on the existing house at 3316 Louisiana Ave. N., P.I.D. #20-118-21-13-0013, as requested in Application #88-50 of Michael LeRoy Jorgenson. The findings of fact are: Greatly enhances the neighbor- hood and outweighs any detriment and a valuable tax asset to the City. Motion carried. 2. Consideration of tentative plat approval of Chalet Acres located at 3357-59 Vera Cruz Ave. N. as submitted by Chalet Ski & Patio. Moved by Commissioner Kamp and seconded by Commissioner Guertin to recommend to the City Council to grant tenta- tive approval of Chalet Acres which is a replat of Lot 1, Block 1, Breustedt Addition, and east 132' of north 1/2 of Lot 1, Block 6 except street, Rosedale Acres, property is located at 3357-59 Vera Cruz Ave. N. Motion carried. Commissioner Christopher arrived at 7:22 p.m. November 14, 1988 - Continued 3. Consideration of tentative approval of proposed plat Bed - man Addition located at 7025 - 46th Ave. N. as submitted by Lorraine Bedman. Moved by Commissioner Magnuson and seconded by Commis- sioner Nystrom to continue to the next meeting, December 12, tentative approval of Bedman Addition which is a re - plat of the north half of Lot 29, Auditor's Subdivision #314, located at 7025 - 46th Ave. N. and instructed the City Engineer to contact Mrs. Bedman to give her an oppor- tunity to appear at the next meeting since there were no changes from the last application, and there appeared to be no justification to change the previous recommendation to deny. The following voted aye: Anderson, Barden, Eisen, Fey- ereisen, Guertin, Halpaus, Kamp, Magnuson and Nystrom. The following voted no: Christopher. Motion carried 9-1. Moved by Commissioner Magnuson and seconded by Commissioner Nystrom to adjourn. Motion Carried. The meeting adjourned at 7:37 p.m. r - Chairperson eyereisen Se retary Eisen I 'i cA CRYSTAL PLANNING COMMISSION MINUTES December 12, 1988 The meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following present: Anderson, Christopher, Elsen, Feyereisen, Kamp, Magnuson and Nystrom the following were absent: Barden, Guertin and Halpaus; also present were Building Inspector Peterson, City Engineer Monk and Recording Secretary Scofield. Moved by Commissioner Nystrom and seconded by Commissioner Christopher to approve the minutes of the November 14, 1988, meeting. Motion carried. 1. Consideration of Application #88-57 of John R. Paulson of Cambridge Apts., Inc. for rezoning property from R-1 District (Single Family Residential) to R-0 District (Residential -Office) and #88-59 for a conditional use permit to allow elderly housing in an R -O District at 6203-13 - 36th Ave. N. Moved by Commissioner Magnuson and seconded by Commis- sioner Christopher to set a public hearing before the Planning Commission at 7:30 p.m., or as soon thereafter as the matter may be heard, Monday, January 9, 1989, to con- sider the request of John R. Paulson of Cambridge Apts., Inc. in Application #88-57 to rezone from R-1 District (Single Family Residential) to R-0 District (Residential - Office) and Application #88-59 for a conditional use per- mit to allow elderly housing in an R-0 Zoning (Section 515.27, Subd. 4 c), property located at 6203-13 - 36th Ave. N., described as Lots 4 & 5, Block 4, Rosedale Acres. Motion carried. The adjacent property owner to the proposed rezoning prop- erty requested notification of surrounding properties be extended to 500 ft. instead of the customary 350 ft. Moved by Commissioner Anderson and seconded by Commis- sioner Magnuson to extend the radius of notification from 350 ft. to 500 ft. Motion carried. 2. Consideration of variance Application #88-58 for an addition to the existing garage prior to the fire which will encroach in the required 40' rear yard setback at 3949 Hampshire Ave. N. as requested by Don W. Lee. December 12, 1988 - Continued Moved by Commissioner Elsen and seconded by Commissioner Christopher that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or mod- ify the strict application of Section 515.13, Subd. 4 a) to grant a variance of 1416" in the. required 40' rear yard setback to build a 1.01611 x 23' addition to the existing garage prior to the fire at 3949 Hampshire Ave. N., P.I.D. #17-118-21-42-0018, as requested in .Application 88-5S of Don W. Lee. The findings of fact are: An improvement to the property as permanent structure to replace lean-to, not detrimental to the neighborhood and an asset to the City. Motion carried. Commissioner Anderson inquired as to the status of the follow- ing applications that had been forwarded to the City Council: SteveO's at 4900 West Broadway, 3401 Vera Cruz (Herb Elfstrom) and 5200 Douglas Drive (Minnesota Auto Serve Center Partners). Commissioners Magnuson, Kamp, Barden and Elsen will have com- pleted their terms on the Planning Commission as of December 31, 1988; and Commissioners Magnuson, Kamp and Elsen indicated a desire to serve another term. (Staff will verify Barden's desire to be reappointed.) Their reappointments will be on the City Council's agenda for January 3, 1989. Moved by Commissioner Magnuson and seconded by Commissioner Nystrom to adjourn. Motion carried. The meeting adjourned at 7:55 p.m. I AZI, �Chairper Feyereisen Secretary t1sen 93