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1989 PC Meeting MinutesCRYSTAL PLANNING COMMISSION MINUTES January 9, 1989 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 Nystromi also present were Building Inspector Peterson, City Engineer Monk and Recording Secretary Scofield. On January 3, 1989, the City Council moved to re -appoint Com- missioners Barden, Elsen, Kamp and Magnuson to the Planning Commission with terms expiring December 31, 1991. Moved by Commissioner Magnuson and seconded by Commissioner Christopher to approve the minutes of the December 12, 1988, meeting. Motion carried. 1. Chairperson Feyereisen declared that nominations were open for officers of the Planning Commission consisting of Chairperson, Vice -Chairperson and Secretary for the year ending December 31, 1989. Commissioner Nystrom nominated and Commissioner Barden seconded the nomination of Francis Feyereisen as Chairper- son of the Planning Commission for the year ending Decem- ber 31, 1989. Moved by Commissioner Nystrom and seconded by Commissioner Elsen to re-elect Francis Feyereisen as Chairperson of the Planning Commission for the year ending December 31, 1989. Motion carried. Commissioner Elsen nominated and Commissioner Nystrom seconded the nomination. of Paulette Magnuson as Vice - Chairperson of the Planning Commission for the year ending December 31, 1989. Moved by Commissioner Nystrom and seconded by Commissioner Guertin to re-elect Paulette Magnuson as Vice -Chairperson of the Planning Commission for the year ending Decem- ber 31, 1989. Motion carried. Commissioner Elsen nominated and Commissioner Nystrom seconded the nomination of James Barden as Secretary of the Planning Commission for the year ending December 31, 1989. Motion carried. ( C) January 9, 1989 - Continued Moved by Commissioner Nystrom and seconded by Commissioner Magnuson to elect James Barden as Secretary of the Plan- ning Commission for the year ending December 31, 1989. Motion carried. 2. Chairperson Feyereisen declared this was the time and the place as advertised for a public hearing to consider Application #S$-57 of John R. Paulson of Cambridge Apts., Inc. for rezoning property from R-1 District (Single Family Residential) to R -O 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. The City Engineer presented a general overview of the 62 -unit elderly housing proposal. Further, it was stated that the project was not consistent with the City code definition of elderly housing which required public involvement. Therefore, the applicant has requested initiation of a code amendment whereby the public involvement requirements of the elderly housing definition be deleted. The City Engineer recommended a public hearing be scheduled to con- sider this amendment. Moved by Commissioner Magnuson and seconded by Commis- sioner Nystrom to close the public hearing. Motion carried. Moved by Commissioner Christopher and seconded by Commis- sioner Barden to set a public hearing before the Planning COmMission at 7:30 p.m., or as soon thereafter as the mat- ter may be heard, Monday, February 13, 1989, to consider an amendment to the Zoning ordinance to delete the public involvement requirements of the elderly housing definition. Motion carried. 4. Consideration of tentative approval of proposed plat Bed - man Addition located at 7025 - 46th Ave. N. as submitted by Lorraine Bed -man. Ms. Beaman presented her proposal contending a 60' x 1001 lot was in compliance with the original City Charter and that there are ether similarly sized lots throughout the City i.e., 45th & Louisiana and 46th & Jersey and claimed the 301 street easement as part of her lot size. The Commission stated that her proposal had not changed from the last submittal, when the Commis- sion had recommended denial to the City Council on the basks that it did not meet the current, ordinance require- ment for a minimum lot area of 7,.500 square feet. it was suggested the applicant relocate the common lot line be- tween Lots 1 and 2 to make Lot 2 closer to the ordinance requirement. They asked the City Engineer communicate this suggestion to Ms. Bedman (she had left) and asked him to look at the non -conformity of Lot 1 regarding the garage and setbacks. January 9, 1989 - Continued Moved by Commissioner Magnuson and seconded by Commis- sioTier Elsen to continue to the February 13 meeting the discussion of tentative approval of Bedman Addition which is a replat of the north half of Lot 29, Auditor's Subdi- vision #314, located at 7025 - 46th Ave. N. Motion carried. 5. Consideration of Applications #88-51, #88-53 and #88-55 of Midwest Retail Properties for rezoning property from B-4 Distract (Community Commercial) to B-3 District (Auto -Ori- ented Commercial,) and #86-52, #88-54 and 488-56 for condi- tional use permits to allow fuel station, auto repair - minor in a B-3 District and to allow an accessory retail (food) establishment in a B-3 District at 5256, 5264 and 5272 West Broadway. Moved by Commissioner Christopher and seconded by Commis- sioner Kamp to set a public hearing before the Planning Commission at 7:30 p.m., or as soon thereafter as the mat- ter may be heard, Monday, February 13, 1989, to consider the request of Midwest Retail Properties in Applications #88-51, #88-53 and #88-55 to rezone from B-4 District (Community Commercial) to B-3 District (Auto -Oriented Com- mercial) and #88-52, #88-54 and #88-56 for conditional use permits to allow fuel station, auto repair -minor in a B-3 District and to allow an accessory retail (food) estab- lishment in a B-3 District at 5256, 5264 and 5272 West Broadway, described as Lots 15, 16 and 17, Block 2, Han - son's Addition. Motion carried. 6. Consideration of Applications #89-1, #89-2 and #89-3 of Crystal Plaza Partnership for conditional use permits to allow a convenience food (submarine sandwiches) establish- ment in a B-3 District; allow auto repair-minor/tire/ battery establishment in a B-3 District and allow an ac- cessory, enclosed retail establishment in a B-3 District at 6800 - 56th Ave. N. Moved by Commissioner Elsen and seconded by Commissioner Nystrom to set a public hearing before the Planning Com- mission at 7:30 p.m., or as soon thereafter as the matter may be heard, Monday, February 13, 1989, to consider the request of Crystal Plaza Partnership in Applications #89- 1, #89-2 and #89-3 for conditional use permits to allow a convenience food (submarine sandwiches) establishment in a B-3 District; allow auto repair-minor/tire/battery estab- lishment in a B-3 District and allow an accessory, enclosed retail establishment in a B-3 District at 6800 - 56th Ave. N. P.I.D. #05-118-21-42-0039. Motion carried. January 9, 1989 - Continued 7. Consideration of tentative approval of proposed plat Crys- tal Community Center Addition located at 48th and Douglas Drive as submitted by the City of Crystal. Moved by Commissioner Elsen and seconded by Commissioner Nystrom to recommend to the City Council to grant tenta- tive approval of Crystal Community Center Addition which is a replat of part of Glen Haven Memorial Gardens 2nd Addition, located at 48th and Douglas Drive. Motion carried. 8. Discussion items: A6 The City Engineer extended a personal invitation to the Planning Commissioners to attend the Appreciation Dinner on February 2. B. The Environmental Quality Commission is presently looking at the Housing Code. C. City Engineer is recommending name plates for the Com- missioners and a gavel for the Chairperson D. Commissioner Barden wanted to know if anything new on Light Rail Transit. The City Engineer reported BRW is working on station locations and there has been a slowdown because of problems downtown. E. Commissioner Anderson wanted to know if anything new on TH 100. The City Engineer stated he had no new in- formation. Moved by Commissioner Magnuson and seconded by Commissioner Elsen to adjourn. The meeting adjourned at 9:05 secre y Barden Motion carried. P • m �el Chairpdr`son 6reisen CRYSTAL PLANNING COMMISSION MINUTES February 13, 1989 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 Nystrom and seconded by Commissioner Christopher to approve the minutes of the January 9, 1989, meeting. Motion carried. 1. Chairperson Feyereisen declared this was the time and the place as advertised for a public hearing to consider an amendment to the Zoning Ordinance to delete the public involvement requirements of the elderly housing defini- tion. The City Engineer explained the ordinance and stated in his contact with other suburbs one had separate zoning districts, some did nothing special. Zoning prop- erly is the key issue. Developer given the density bonus and must leave 20% for low or moderate income tenants for 10 years and cannot switch to other type housing. The proponents presented the following: John Paulson, con- tractor, 320 Edgewood Ave,, Minneapolis, could not under- stand City requiring 20% of building for low income and having subsidised housing rather than allowing a private contractor to build a quality complex and renting at mar- ket rate. Questioned raising the square footage for each elderly housing unit from 1,250 sq. ft. to 1,500 sq. ft. as not necessary for senior citizens and unworkable from a private contractor's standpoint. Mike Noonan, 5332 Hanson Court, thought City should eliminate a quirk in the ordi- nance and encourage private contractors and funding. When senior citizens get subsidies from Metro Council, they go to Edina rather than live in Crystal. Ade Rygg, 3701 Adair Ave. N., said his special interest was in providing needed rental housing for the elderly in Crystal. The following were heard in opposition: Mike Kivel, 3510 Douglas Drive, questioned the housing standards to ensure quality housing if public not involved. Greg Lundeen, 6125 - 36th Ave. N., questioned the density bonus granted for elderly units at market rates and larger size units enlarging the building. Commissioner Elsen was concerned as to what would prevent conversion of elderly housing units to multi -family after elderly housing complex built. City Engineer stated there February 13, 1989 - Continued would be a penalty put into the contract, and the City would have right to restrict building for elderly use. Moved by Commissioner Magnuson and seconded by Commis- sioner Barden to close the public hearing. Motion carried. Moved by Commissioner Elsen and seconded by Commissioner Nystrom to continue until March 13 and request staff to develop an amendment to the Zoning Ordinance to include private contractors with private funding of elderly hous- ing as a conditional use density bonus (Section 515.27, Subd. 4 d) 7) . Motion Carried. 2. Chairperson Feyereisen declared this was the time and the place as advertised for a public hearing to consider Applications #88-51, #88-53 and #88-55 of Midwest Retail Properties for rezoning property from B-4 District (Community Commercial) to B-3 District (Auto -Oriented Com- mercial) and #88-52, #88-54 and #88-56 for conditional use permits to allow fuel station, auto repair -minor in a B-3 District and to allow an accessory retail (food) estab- lishment in a B-3 District at 5256, 5264 and 5272 West Broadway. The proponents presented: the fallowing: Thomas Barrett, developer, 1924 Fremont Ave. S., Minneapolis, proposes building a 16,000 5q. ft., masonry and glass auto mall in place of car wash, rental business and single fam- ily home. Had requested a shortened median but Milling to work with County. Passible tenants would be muffler shop, tire store, and food and fuel store if able to change the median. Market study indicates need. Clem Steichen, 5256 West Broadway, gage reasons for selling property. The following were heard: Mrs. Mike Noonan, co-owner apartment house at 5332 Hanson Court, questioned the hours as the car wash bothered some of their tenants. Mr. Bar- rett said hours would be 7:30 a.m. to 10 p.m. Mon. through Fri. and 9 a.m. to 5 p.m. on Sat. and if have food and fuel store its hours would be 24 hours, 7 days per week. Mike Noonan, 5332 Hanson Court, corner locks bad and would be an improvement but should keep the businesses City already has, and was concerned about traffic. John Groet- tum, Market Tire at 54th & West Broadway, stated north Crystal is well saturated with auto -related stores --26 auto -related buildings within area. Joe Pellish, Super- america at 5359 West Broadway, wanted to know if any restrictions on convenience stores and what size proposed (3-4,000 feet). Commissioner Magnuson wanted to know where used tires would be stored. Mr. Barrett stated there would be three indoor storage units: paper, used tires and metal. February 13, 1989 - Continued Moved by Commissioner Barden and seconded by Commissioner Kamp to close the public hearing. Motion carried. Moved by Commissioner Magnuson and seconded by Commis- sioner Elsen to recommend to the City Council to approve Applications #88-51, #88-53 and #88-55 as submitted by Midwest Retail Properties to rezone from B-4 District (Community Commercial) to B-3 District (Auto -Oriented Com- mercial) and #88-52, #88-54 and #88-56 for conditional use permits to allow fuel station, auto repair -minor in a B-3 District and to allow an accessory retail (food) estab- lishment in a B-3 District at 5256, 5264 and 5272 West Broadway, legally described as Lots 15, 16 and 17, Block 2, Hanson's Addition. The findings of fact are: Great improvement to the area in north Crystal, best use for this property is auto - related services, demonstrated need with market survey, and not inconsistent with surrounding land use. Motion carried. Chairperson Feyereisen declared this was the time and the place as advertised for a public hearing to consider Applications #89-1, #89-2 and #89-3 as submitted. by Crys- tal Plaza, Partnership for conditional use permits to allow a convenience food (submarine; sandwiches) establishment in a B-3 District; allow auto repair-miner/tire/battery establishment in a B-3 District and allow an accessory, enclosed retail establishment in a B-3 District at 6800 - 56th Ave. N. The proponent presented the following: Jeff Carlstrom, architect turned developer, stated was willing to work with City Engineer on the parking situation, will have 6 bays, and have enclosed .250 sq. ft. for trash and tires. The following was heard in opposition: Anthony Brown, Linn's Auto Service, 5701 West Broadway, questioned the need for more auto usage in the area. He stated he didn't believe enclosed area for tires was enough. Moved by Commissioner Kamp and seconded by Commissioner Guertin to close the public hearing. Motion carried. Moved by Commissioner Christopher and seconded by Commis- sioner Barden to recommend to the City Council to approve Applications #89-1, #89-2 and #89-3 for conditional use permits to allow a convenience food (submarine sandwiches) establishment in a B-3 District; allow auto repair -minor/ tire/battery establishment in a B-3 District and allow an accessory, enclosed retail establishment in a B-3 District at 6800 - 56th Ave. N. P.I.D. #05-118-21-42-0039. of February 13, 1989 - Continued The findings of fact are: Recommendation does meet the conditional use requirements of the Code and consistent with existing land use. The following voted aye: Anderson, Barden, Christopher, Feyereisen, Guertin and Kamp. The following voted no: Elsen, Magnuson and Nystrom. Motion carried 6-3. 4. Continuation of consideration of tentative approval of proposed plat Bedman Addition located at 7025 - 46th Ave. N. as submitted by Lorraine Bedman. Ms. Bedman presented a modification of the preliminary plat enlarging Lot 2. Moved by Commissioner Elsen and seconded by Commissioner Christopher to recommend to the City Council to grant tentative approval of Bedman Addition which is a replat of the north half of Lot 29, Auditor's Subdivision #314, located at 7025 - 46th Ave. N. The following voted aye: Barden, Christopher, Elsen, Guertin and Kamp. The following voted no: Anderson, Feyereisen, Magnuson and Nystrom. Motion carried 5-4. 5. Consideration of tentative approval of proposed plat Proffesors Addition located at 3209 and 3233 Florida Ave.N. as submitted by Scott V. Kevitt. Moved by Commissioner Magnuson and seconded by Commis- sioner Elsen to recommend to the City Council to grant tentative approval of Proffesors Addition which is a replat of Lot 8 and 10, Block 3, Gardendale'Acres, located at 3209 and 3233 Florida Ave. N., subject to development conditions in the City Engineer's memo of February 3, 1989. Motion carried. 6. Consideration of Variance Application #89-4 for a deck which will encroach in the required 40' rear yard setback at 8017 - 33rd Ave. N. as requested by Don Hintz. 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 14' in the required 40' rear yard setback for a 24' x 20' deck on the existing house, at 8017 - 33rd Ave. N., P.I.D. #19-118-21-14-0061, as requested in Application #89-4 of Don Hintz. 010 February 13, 1989 - Continued The findings of fact are: Replacing deck, nice addition to house, not detrimental to surrounding properties and nominal variance addition. Motion carried. 7. Consideration of tentative approval of proposed plat Froehlich Addition located at 4524 and 4528 Hampshire Ave. N. as submitted by Harold & Avanelle Froehlich and Michael & Darla Eggert. Moved by Commissioner Guertin and seconded by Commissioner Kamp to recommend to the City Council to grant tentative approval of Froehlich Addition which is a replat of Part of the South Half of the South Half of the Southeast Quar- ter of the Southeast Quarter of Section 8, Township 118, Range 21, property is located at 4524 and 4528 Hampshire Ave. N. Motion carried. 8. Discussion items: A. Ordinance Amendments --regarding preliminary plat of City Code should update our requirements nearer to State law. B. Long Range Planning items to Planning Commission --when Light Rail Transit quiets down. Moved by Commissioner Magnuson and seconded by Commissioner Barden to adjourn. Motion carried. The meeting adjourned at 11:18 p, -n. I Ch6ipe-s Feyereisen cretary Barden V CRYSTAL PLANNING COMMISSION MINUTES March 13, 1989 The meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following present: Anderson, Barden, Christo- pher, Elsen, Guertin, Magnuson and Nystrom; the following were absent Feyereisen, Halpaus and Kamp; also present were Building Inspector Peterson, City Engineer Monk and Recording Secretary Scofield. Moved by Commissioner Nystrom and seconded by Commissioner Barden to approve the minutes of the February 13, 1989, meeting. Motion carried. I. Vice Chairperson Magnuson declared this was the time and the place for continuation of a public hearing to consider an amendment to the Zoning Ordinance to include private contractors with private funding of elderly housing as a conditional use density bonus. The proponents presented the following: John Paulson, 320 North Edgewood, stated Crystal should decide if it wants elderly housing and should encourage private developers. Wally Anderson, 3525 Adair Ave. N., stated elderly are going out of the commu- nity for housing and urged Crystal to leave the square footage for each elderly housing unit at 1,250 sq. ft. The following were heard in opposition: Greg Lundeen, 6125 - 36th Ave. N., stated Mr. Anderson will get a com- mission for his company for the specific project on 36th and Mr. Paulson will get personal gain, but the Commission should consider people's homes values affected by double the volume over standard apartment projects, and the elderly are charged higher rates for smaller units. John Egan, 3555 Brunswick Ave. N., stated concern with high density of projects in R-1 neighborhoods. Moved by Commissioner Elsen and seconded by Commissioner Barden to close the public hearing. Motion carried. Moved by Commissioner Anderson and seconded by Commis- sioner Christopher to recommend to the City Council to approve striking "public agency owned or controlled" in Section 515.03, Subd. 71, and increasing the square footage per unit for elderly (senior citizen) housing to 1,500 sq. ft. in Section 515.15, Subd. 2 d) 4) iii) of the Zoning Ordinance. March 13, 1989 - Continued The following voted aye: Anderson, Christopher, Elsen and Magnuson. The following voted no: Barden, Guertin and Nystrom. Motion Carried 4-3. 2. Consideration of a building permit for an airplane hangar at Lot 74E, Crystal Airport, as requested by Richard V. Vanman. Moved by Commissioner Elsen and seconded by Commissioner Guertin to recommend to the City Council to approve authorization to issue building permit #1644 to Richard V. Vanman to build a 42' x 72' airplane hangar at Lot 74E, Crystal Airport, subject to standard procedure. Motion carried. 3. Consideration of Application #89-5 of Canadian Products (Pizza Hut) for rezoning property from B-2 (Limited Com- mercial) District to B-4 (Community Commercial) District and #89-6 for a conditional use permit to allow a conve- nience food establishment in a B-4 District at 3600 Dou- glas Drive. Moved by Commissioner Christopher and seconded by Commis- sioner Guertin 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, April 10, 1989, to consider the request of Canadian Products in Application #89-5 to rezone from B-2 (Limited Commercial) District to B-4 (Community Commercial) District and #89-6 for a condi- tional, use permit to allow a convenience food establish- ment in a B-4 District at 3600 Douglas Drive, Lot 7, Block 1, Schwartz Addition. Motion carried. 4. Consideration of Application #89-7 of Ron Graves for a conditional use permit to allow a landscape contractor's storage and retail in an I-2 (Heavy Industrial) District at 5612 Corvallis Ave. N. Moved by Commissioner Guertin and seconded by Commissioner Barden to set a public hearing before the Planning Commis- sion at 7:30 p.m., or as soon thereafter as the matter may be heard, Monday, April 10, 1989, to consider the request of Ron Graves in application #89-7 for a conditional use permit to allow a landscape contractor's storage and re- tail in an I-2 (Heavy Industrial) District at 5612 Corval- lis Ave. N., P.I.D. #09-118-21-24-0003. Motion carried. 5. Consideration of a building permit for remodeling and a small addition at 6817 - 56th Ave. N., as requested by Kentucky Fried Chicken. Request withdrawn because of lack of lease. QJ- March 13, 1989 - Continued 6. Consideration of a public hearing on an amendment to the Zoning Ordinance to reduce lot size for R-1 (Single Family Residential) District as requested by Lorraine Bedman. 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 mat- ter may be heard, Monday, April 10, 1989, to consider the request of Lorraine Bedman to amend the Zoning Ordinance to reduce lot size for R-1 (Single Family Residential) District (Sec. 515.15, Subd. 2 d) 1). Motion carried. 7. Discussion items: A. Consideration of code amendment to include garage sales as accessory use in residential districts. Moved by Commissioner Elsen and seconded by Commis- sioner Nystrom to set a public hearing before the Planning Commission at 7:30 p.m., or as soon there- after as the matter may be heard, Monday, April 10, 1989, to consider the request of the City to amend the code to include garage sales as accessory use in resi- dential districts. Motion carried. B. Commissioner Halpaus resigned effective March 13, 1989. Her letter of resignation will be forwarded to the City Council for acceptance on March 21. C. Commissioner Anderson requested the Planning Commis- sion receive copies of the Council's resolutions of denial on items first seen by the Planning Commission. City Engineer Monk said copies would be sent. Moved by Commissioner Christopher and seconded by Commissioner Barden to adjourn. Motion carried. The meeting adjourned at 9:17 p.m. vice Chairperso D'Lgnuson m Secre Barden 0 CRYSTAL PLANNING COMMISSION MINUTES April 10, 1989 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 and Magnuson; the following was absent: Nystrom; also present were Building Inspector Peterson, City Engineer Monk and Recording Secretary Scofield. Moved by Commissioner Magnuson and seconded by Commissioner Christopher to approve the minutes of the March 13, 1989, meeting. Motion carried. 1. Chairperson Feyereisen turned over the gavel to Vice Chairperson Magnuson and removed himself from considera- tion of this item because his children worked or work for Pizza Hut. Chairperson Magnuson declared this was the time and the place as advertised for a public hearing to consider Application #89-5 of Pizza Hut of America, Inc. for rezoning property from B-2 (Limited Commercial) Dis- trict to B-4 (Community Commercial) District and #89-5 for a conditional use permit to allow a convenience food establishment in a B-4 District at 3600 Douglas Drive. The proponents presented the following: Allan Broholm of Pizza Hut of America, Inc. stated they would upgrade the property formerly occupied by a real estate firm; would be a carry -out (10%) and delivery (90%) operation; hours 11 a.m. to 12 midnight Sun. through Thurs. and 11 a.m. to 1 a.m. Fri. and Sat.; during peak hours would have 5 employ- ees at location and 10 drivers; would not affect traffic because busy hours are from 7 to 9 p.m.; and property is commercially zoned so existing permitted uses would allow an all-night grocery, drug store, etc. and at one time was a Shell Gasoline Station. Mark Feyereisen, 3409 Zane Ave. N., of Pizza Hut of America, Inc. stated that hours would be cut back if not profitable; drivers use their own vehi- cles and must be at least 18 years old and are given 5 hours safety training and 3 hours riding with another driver. The following were heard in opposition: Marilyn Knudson, 3609 Colorado Ave. N. Joe Rozman, 3624 Douglas Drive Hazel Remme, 3609 Douglas Drive. Their concerns were as follows: too much traffic already, worse in the summer; car door slamming is disturbing with late hours of operation; and lower valuation of surround- ing residential properties. X01 April 10, 1989 - Continued Moved by Commissioner Elsen and seconded by Commissioner Kamp 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 #89-5, as submitted by Pizza Hut of America, Inc., to rezone from B-2 (Limited Commercial) District to B-4 (Community Commercial) District and #89-6 for a condi- tional use permit to allow a convenience food establish- ment (pizza take-out) in a B-4 District at 3600 Douglas Drive, Lot 7, Block 1, Schwartz Addition. The findings of fact are: the building currently becoming more deteriorated, owner's right to utilize building, minimal traffic increase, best use of property, help City of Crystal, commercially zoned and probably will never have a house built on the site. The following voted aye: Barden, Elsen, Guertin, Kamp and Magnuson. The following voted no: Anderson and Christopher. Motion carried 5-2. Vice Chairperson Magnuson turned the meeting back to Chairperson Feyereisen. Chairperson Feyereisen declared this was the time and the place as advertised for a public hearing to consider Application #89-7 of Ron Graves for a conditional use permit to allow a landscape contractor's storage and retail in an I-2 (Heavy Industrial) District at 5612 Corvallis Ave. N. The proponent presented the following: Ron Graves stated they own a water truck which they will use for dust control. No one appeared in opposition. Moved by Commissioner Magnuson and seconded by Commis- sioner Christopher to close the public hearing. Motion carried. Moved by Commissioner Barden and seconded by Commissioner Magnuson to recommend to the City Council to approve Application #89-7, as submitted by Ron Graves, for a conditional use permit to allow a landscape contractor's storage and retail in an I-2 (Heavy Industrial) District at 5612 Corvallis Ave. N., P.I.D. #09-118-21-24-0003. The findings of fact are: Currently site is under used, temporary use until October 15, 1989, applicant shall be responsible for dust control and property surrounded by other industrial properties. Motion carried. April 10, 1989 - Continued 3. Chairperson Feyereisen declared this was the time and the place as advertised for a public hearing to consider an amendment to the Zoning Ordinance to reduce lot area requirements for R-1 (Single Family Residential) District to 6,000 sq. ft. The City Engineer stated the lot area requirements in the surrounding cities were as follows: Brooklyn Center 9,500 sq. ft. with 75' front footage, Robbinsdale 6,000 sq. ft. with 50' front footage, New Hope 9,500 sq. ft. with 75' front footage, Golden Valley .10,000 sq. ft. with S0i fret footage, and Brooklyn Park 8,500 sq. ft. with 701 front footage. The proponent, Lorraine Badman, 7025 - 46th Ave. N., cited the original charter, presented her petition to revert to 6,000 sq. ft. for lot area requirements for R-1 District and cited approval of St. James Plat as a property that did not have 7,500 sq. ft. Moved by Commissioner Anderson and seconded by Commis- sioner Elsen to close the public hearing. Motion carried. Moved by Commissioner Magnuson and seconded by Commis- sioner Christopher to recommend to the City Council to deny an amendment to the Zoning Ordinance to reduce lot area requirements for R-1 (Single Family Residential) Dis- trict to 6,000 sq. ft. (Sec. 515.15, Subd. 2 d) 1) i). The findings of fact are: 99% of Crystal is developed, we have had an ordinance of 7,500 sq. ft. for 25 years, City should not be going backwards and 7,500 sq. ft. seems rea- sonable for City consistent with neighboring cities. Motion carried. 4. Moved by Commissioner Magnuson and seconded by Commis- sioner Elsen to move the public hearing to consider an amendment regarding garage sales to the end of the agenda as no one had come for this item. 5. Consideration of a waiver of plat requirement to approve a lot split as requested by Victor Hanks, property located at 4166 Hampshire Ave. N. Moved by Commissioner Kamp and seconded by Commissioner Barden to recommend to the City Council to grant a waiver of plat requirement to allow a lot split of property located at 4166 Hampshire Ave. N., P.I.D. #17-118-21-14- 0045, as requested by Victor Hanks. Motion carried. 6. Consideration of Variance Applications #89-8, #89-9, #89-10 and #89-11 to vary the lot area requirements, to encroach in the required 40' rear yard setback, to encroach in the required 30' front yard setback, to encroach in the required 50' setback from the intersection .Z0 April 10, 1989 - Continued for a curb cut for a single family dwelling at 4500 Adair Ave. N. and to waive the $300 fee as requested by HRA. Julie Jones, HRA coordinator, stated this was a way of providing low income housing for a first home buyer with a limited income. Moved by Commissioner Magnuson and seconded by Commis- sioner Guertin that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to deny: 1) Application #89-9 to vary or modify the strict appli- cation of Section 515.13, Subd. 4 a) to grant a vari- ance of 20' in the required 40' rear yard setback; 2) Application #89-10 to vary or modify the strict appli- cation of Section 515.13, Subd. 2 a) to grant a vari- ance of 9' in the required 30' front yard setback; and 3) Application #89-11 to vary or modify the strict appli- cation of Section 515.09, Subd. 4 h) 4) to grant a variance of 14' in the required 50' setback from the intersection for a curb cut for a single family dwelling at 4500 Adair Ave. N., P.I.D. #09-118-21-33-0092, and to waive the $300 fee as requested by HRA. The findings of fact are: Too many variances being requested, HRA should have had the building looked at by the Building Inspector and Engineer before purchase and would be setting a precedent as no hardship is involved. Motion carried. No action was taken on Variance Application 089-8 to vary or modify the strict application of Section 515.15, Subd. 2 d) 1) i), to grant a variance of 923 sq. ft. of the required 7,500 sq. ft. lot area. 7. Consideration of a building permit for remodeling and a small addition at 6817 - 56th Ave. N., as requested by Kentucky Fried Chicken. (Vacating other location at 6624 - 56th Ave. N.) Moved by Commissioner Christopher and seconded by Commis- sioner Kamp to recommend to the City Council to approve authorization to issue building permit #1658 to Kentucky Fried Chicken to remodel and make a small addition at 6817 56th Ave. N., subject to standard procedure. Motion carried. S. Consideration of Variance Applications #89-12, #89-13 and #89-14 to vary the minimum floor area per unit, to vary the lot area per unit and to vary the number of off-street April 10, 1989 - Continued parking spaces required for development of two elderly (senior citizen) efficiency apartments at 6315 - 55th Ave. N., as requested by Brutger Companies. Moved by Commissioner Barden and seconded by Commissioner Elsen that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to deny: 1) Application #89-12 to vary or modify the strict appli- cation of Section 515.15, Subd. 5 c) 1), to grant a variance of 20 sq. ft. of the required 440 sq. ft. of floor area per unit; 2) Application #89-13 to vary or modify the strict appli- cation of Section 515.15, Subd. 2 d) 4) iii), to grant a variance of an additional 23 sq. ft. to the required 1,250 sq. ft. lot area per unit; and 3) Application #89-14 to vary or modify the strict appli- cation of Section 515.09, Subd. 8 o) to grant a vari- ance of an additional 4 parking spaces (previously requested variance of 44) for development of two elderly (senior citizen) efficiency apartments at 6315 - 55th Ave. N., P.I.D. #05-118-21-44- 0048, as requested by Brutger Companies. The findings of fact are: Too dense, other viable, prac- tical uses for space and no hardship demonstrated. Motion carried. 9. Consideration of Variance Application #89-15 for an attached garage which will encroach in the 5' side yard setback at 4313 Florida Ave. N. as requested by Kimberly and Philip Meinert. 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. 3 a) 1), to grant a variance of 1.5' in the required 5' side yard setback for a 20' x 28' attached garage on the existing house at 4313 Florida Ave. N., P.I.D. #17-118-21- 11-0106, as requested in Application #89-15 of Kimberly and Philip Meinert. The findings of fact are: Reasonable request for a garage, variance minimal and a fire wall is required. Motion carried. 10. Consideration of Variance Application #89-17 for an addi- tion and detached double garage which will encroach in the required 40' rear yard setback at 4702 Douglas Drive as CZ 11 April 10, 1989 - Continued requested by Achievements in Design for Steven and Bonnie Pechtel. Moved by Commissioner Magnuson and seconded by Commis- sioner Barden 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. 4 a), to grant a variance of 5' in the required 40' rear yard setback for an 11' x 24' addition on the existing house and a 24' x 24' detached double garage, at 4702 Dou- glas Drive, P.I.D. #09-118-21-32-0011, as requested in Application #89-17 of Achievements in Design for Steven and Bonnie Pechtel. The findings of fact are: Nominal variance in the rear yard setback and will improve property. Motion carried. 11. Consideration of Variance Application #89-16 for an addi- tion which will encroach in the required 40' rear yard setback at 6712 Valley Place as requested by Achievements in Design for Roger and Constance Grumdahl. Moved by Commissioner Elsen 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 515.13, Subd. 4 a), to grant a variance of 221 in the. required 401 rear yard set- back for a 101 x 26" addition on the existing house, at 571.2 Valley Place., P.I.D. #20-118-21-13-0051, as requested in Application #89-16 of AchievemeT�ts in Design for Roger and Constance Crumdahl. The findings of fact are: Unusual shaped lot that moves into a hill, retaining walls in place, no adverse effect on neighborhood and an improvement to the property. Motion carried. 12. Consideration of a building permit for an airplane hangar at Lot 9B, Crystal Airport, as requested by Michael R. Finn. Moved by Commissioner Magnuson and seconded by Commis- sioner Kamp to recommend to the City Council to approve authorization to issue building permit #1705 to Michael R. Finn to build a 45' x 48' airplane hangar at Lot 9B, Crys- tal Airport, subject to standard procedure. Motion carried. 13. Consideration of a building permit for an addition to an airplane hangar at Lot 21A-2, Crystal Airport, as requested by Ray Johnson of Kurt Mfg. Co. 12 l April 10, 1989 - Continued Moved by Commissioner Kamp and seconded by Commissioner Christopher to recommend to the City Council to approve authorization to issue building permit #1711 to Ray John- son of Kurt Mfg. Co. to build a 14' x 60' addition to an airplane hangar at Lot 21A-2, Crystal Airport, subject to standard procedure. Motion carried. 4. Chairperson Feyereisen declared this was the time and the place as advertised for a public hearing to consider an amendment to the Zoning Ordinance which would include garage sales as an accessory use in residential districts. Moved by Commissioner Anderson and seconded by Commis- sioner Magnuson to close the public hearing. Motion carried. Moved by Commissioner Magnuson and seconded by Commis- sioner Christopher to recommend to the City Council to approve adding an amendment to the Zoning Ordinance which would include garage sales as an accessory use in residen- tial districts (Section 515.19, Subd. 3 i). The findings of fact are: Believe needed amendment to the Zoning Ordinance and will assist in eliminating public nuisance and regulating garage sales. Motion carried. 14. Discussion items: A. Joint Meeting with City Council on Economic Develop- ment Authority will be April 27, 7:30 p.m. S. First reading of an Amendment to Code regarding Elderly Housing was April 4 which deleted public involvement requirements and increased minimum density to one per 1,800 sq. ft. for elderly housing. C. Proposed Planning Seminar as suggested by City Attor- ney continued to next meeting. D. Commissioner Anderson asked if Planning Commission would be seeing a building permit for the Community Center. Building Inspector Peterson said yes. E. Commissioner Anderson requested funds in the 1990 bud- get for an outside consultant for the Comprehensive Plan Update. Moved by Commissioner Magnuson and seconded by Commissioner Barden to adjourn. Motion carried. o? l April 10, 1989 - Continued The meeting adjourned at 10:50 p.m. Ch2iirperFeyereisen l Sec ary Barden v CRYSTAL PLANNING COMMISSION MINUTES May 8, 1989 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 Nystrom and Smith; also present were Building Inspector Barber, City Engi- neer Monk and Recording Secretary Scofield. Moved by Commissioner Nystrom and seconded by Commissioner Mag- nuson to approve the minutes of the April 10, 1989, meeting. Motion carried. Chairperson Feyereisen swore in new Planning Commissioner Bruce William Smith. 1. Consideration of Variance Application #89-18 for an addi- tion which will encroach in the required 40' rear yard setback at 3024 Wisconsin Ave. N. as requested by Richard Miners. Moved by Commissioner Christopher and seconded by Commis- sioner 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. 4 a), to grant a variance of 2' in the required 40' rear yard setback for a 14' x 16' addition on the existing house, at 3024 Wisconsin Ave. N., P.I.D. #19-118-21-41- 0113, as requested in Application #89-18 of Richard Miners. The findings of fact are: Very good addition to the house and a minor variance. Motion carried. 2. Consideration of a building permit for an airplane hangar at Lot 9D, Crystal Airport, as requested by R & J Investments. Moved by Commissioner Magnuson and seconded by Commis- sioner Kamp to recommend to the City Council to approve authorization to issue building permit to R & J Invest- ments to build a 70' x 50' airplane hangar at Lot 9D, Crystal Airport, subject to standard procedure. Motion carried. 3. Reconsider an amendment to the Zoning Ordinance related to elderly housing which was referred back to the Planning Commission by the City Council at its meeting of April 18. The City Engineer restated the density ratios for neigh- boring suburbs and the problems with in-house enforcement %_r May 8, 1989 - Continued of the Code regarding 90% in senior housing being over 60 years of age and possible land conversion. The proponents presented the following: Adrian Rygg, 4120 Brunswick Ave. N., stated amendment should only be addressing the elderly housing issue not a specific location, many senior citi- zens are going out of Crystal to find rental housing and should encourage private contractors rather than public involvement such as Calibre Chase with its crowded condi- tions, not enough storage, etc. John Paulson, 320 North Edgewood, wanted the Commission and Council to strike "public involvement" but retain the 1,250 sq. ft. for elderly housing, and Cities should have the correct ordi- nance and cooperative staff to encourage contractors developing elderly housing. The following was heard in opposition: Greg Lundeen, 6125 - 36th Ave. N., stated The Crystal (elderly housing) charges higher rent to the elderly than comparable open market and in violation of the Zoning Cade rents garages rather than being included in the rent and advertises rental units for 55 years and over rather than 60 years old. Cited a Florida case that found elderly housing dis- criminatory and the possibility that in the future other states may follow suit. Moved by Commissioner Magnuson and seconded by Commis- sioner Christopher to recommend to the City Council to approve striking "public agency owned or controlled" in Section 515.03, Subd. 71, and increasing the square footage per unit for elderly (senior citizen) housing to 1,500 sq. ft. in Section 515.15, Subd. 2 d) 4) iii) of the Zoning Ordinance. Can control elderly housing by the con- ditional use permit and fines can be enforced in violation of the Zoning Code as stipulated in Section 515.59, Subd. 2. The following voted aye: Anderson, Christopher, Elsen, Magnuson, Nystrom and Smith. The following voted no: Barden, Feyereisen, Guertin and Kamp. Motion carried 6 to 4. 4. Consideration of a building permit for remodeling at 3600 Douglas Drive as requested by Pizza Hut of America, Inc. Moved by Commissioner Elsen and seconded by Commissioner Magnuson to recommend to the City Council to approve authorization to issue a building permit to Pizza Hut of America, Inc. for remodeling the building at 3600 Douglas Drive, P.I.D. #16-118-21-33-0090, subject to standard procedure. I -lay 8, 1989 - Continued The following voted aye: Anderson, Barden, Christopher, Elsen, Feyereisen, Guertin, Kamp, Magnuson and Smith. The following voted no: Nystrom. Motion carried 9 to 1. 5. Consideration of Application #89-19 by the City of Crystal for a conditional use permit to allow construction of a community center in an R-1 (Single Family Residential) District at 4800 Douglas Drive. Moved by Commissioner Magnuson and seconded by Commis- sioner Kamp to set a public hearing before the Planning Commission at 7:30 p.m., or as soon thereafter as the mat- ter may be heard, Monday, June 12, 1989, to consider the request by the City of Crystal in Application #89-19 for a conditional use permit to allow construction of a commu- nity center in an R-1 (Single Family Residential) District at 4800 Douglas Drive, Lot 1 of proposed Crystal Community Center Addition. Motion carried. 6. Consideration regarding final approval of proposed plat Froehlich Addition located at 4524 and 4528 Hampshire Ave. N. as submitted by Harold & Avanelle Froehlich and Michael & Darla Eggert. Applicant did not get the necessary papers to the City. 7. Consideration of a public hearing on an amendment to delete a concrete driveway approach requirement for single family residential property and an amendment to require hard surfacing for all driveways for single and double family residential properties. Moved by Commissioner Christopher and seconded by Commis- sioner Nystrom to set a public hearing before the Planning Commission at 7:30 p.m., or as soon thereafter as the mat- ter may be heard, Monday, June 12, 1989, to consider an amendment deleting a concrete driveway approach require- ment for single family residential property (Section 800.19, Subd. 2) and an amendment requiring hard surfacing (of choice) for all driveways for single and double family residential properties (Section 515.09, Subd. 4 h) 11). Motion carried. 8. Consideration of Planning Commission Bylaws. Moved by Commissioner Nystrom and seconded by Commissioner Elsen to continue until June 12 the discussion of the Planning Commission Bylaws. Motion carried. May 8, 1989 - Continued 9. Discussion items: A. City Code Sections Related to Planning discussion con- tinued until June 12. B. Planning Commission Seminar as suggested by City Attorney Kennedy. Interest was shown in a session on a week night. C. Commissioner Magnuson wanted to know why the Planning Commission was not covered by Workers' Compensation (Administration's April 13 memo). City Engineer will check into --was an oversight. D. Commissioner Anderson asked if a hearing date is scheduled for the Economic Development Authority (EDA) proposal? City Attorney Kennedy is preparing documen- tation of necessary steps to set a public hearing for consideration by the Council. Moved by Commissioner Magnuson and seconded by Commissioner Kamp to adjourn. Motion carried. The meeting adjourned at 9:35 p.m:) s �'� Chairp rson, P`eyerei.sen X18 CRYSTAL PLANNING COMMISSION MINUTES June 12, 1989 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 Nystrom and Smith; also present were City Engineer Monk and Recording Sec- retary Scofield. Moved by Commissioner Nystrom and seconded by Commissioner Mag- nuson to approve the minutes of the May 8, 1989, meeting. Motion carried. 1. Chairperson Feyereisen declared this was the time and the place as advertised for a public hearing to consider Application #89-19 by the City of Crystal for a condi- tional use permit to allow construction of a community center in an R-1 (Single Family Residential) District at 4800 Douglas Drive. Moved by Commissioner Magnuson and seconded by Commis- sioner Barden to close the public hearing. Motion carried. Moved by Commissioner Elsen and seconded by Commissioner Christopher to recommend to the City Council to approve Application #89-19, as submitted by the City of Crystal, for a conditional use permit to allow construction of a community center in an R-1 (Single Family Residential) District at 4800 Douglas Drive, Lot 1 or proposed Crystal Community Center Addition. The findings of fact are: People have mandated this be built, proper addition to the City and no one appeared to oppose action. Motion carried. 2. Consideration of a building permit for construction of a community center at 4800 Douglas Drive as requested by the City of Crystal. Bids will be opened June 27, 1989; award contract July 5, 1989; building will be operational March 1, 1990 and final completion June 1, 1990. Moved by Commissioner Magnuson and seconded by Commis- sioner Kamp to recommend to the City Council to approve authorization to issue a building permit for a community center located at 4800 Douglas Drive, Lot 1 of proposed Crystal Community Center Addition, subject to standard procedure. Motion carried. June 12, 1988 - Continued 3. Consideration regarding final approval of proposed plat Froehlich Addition located at 4524 and 4528 Hampshire Ave. N. as submitted by Harold & Avanelle Froehlich and Michael & Darla Eggert. Moved by Commissioner Magnuson and seconded by Commis- sioner Christopher to recommend to the City Council to grant final approval of Froehlich Addition which is a replat of Part of the South Half of the South Half of the Southeast Quarter of the Southeast Quarter of Section 8, Township 118, Range 21, property is located at 4524 and 4528 Hampshire Ave. N. Motion carried. 4. Consideration of a waiver of plat to approve a lot split as requested by Floyd Munsinger and Roger Dorf, property located at 3500 Georgia Ave. N. Moved by Commissioner Kamp and seconded by Commissioner Elsen to recommend to the City Council to grant a waiver of plat requirement to allow a lot split of property located at 3500 Georgia Ave. N., P.I.D. #20-118-21-11- 0093, as requested by Floyd Munsinger, 3508 Georgia Ave. N., and Roger Dorf, 3454 Georgia Ave. N. Motion carried. 5. Consideration of tentative approval of proposed plat HRA 5th Addition located at 3432 Welcome Ave. N. Moved by Commissioner Christopher and seconded by Commis- sioner Kamp to recommend to the City Council to grant ten- tative approval of HRA 5th Addition which is a replat of west half of Lot 14, Block 1, Rosedale Acres, property is located at 3432 Welcome Ave. N. Motion carried. . Consideration of final approval of proposed plat Proffe- sors Addition located at 3209 and 3233 Florida Ave. N. as submitted by Scott V. Kevitt. Moved by Commissioner Christopher and seconded by Commis- sioner Magnuson to recommend to the City Council to grant final approval of Proffesors Addition which is a replat of Lot 8 and 10, Block 3, Gardendale Acres, located at 3209 an 3233 Florida Ave. N. Motion carried. 7. Consideration of Planning Commission Bylaws. Moved by Commissioner Magnuson and seconded by Commis- sioner Smith to change the Planning Commission Bylaws of Article II. A. ...meetings on the second Monday of each month at 7:00 p.m. a June 12, 1988 - Continued The following voted aye: Anderson, Barden, Christopher, Elsen, Guertin, Kamp, Magnuson and Smith. The following voted no: Nystrom. The following abstained: Feyereisen. Motion carried 8 to 1 with 1 abstention. Moved by Commissioner Anderson and seconded by Commis- sioner Kamp to approve the Planning Commission Bylaws as amended. Motion carried. 8. Consideration of City Code Sections Related to Planning. By consensus Chairman Feyereisen continued the discussion of City Code Section 5 until July 10. 9. Discussion items: A. Planning Commission Seminar as suggested by City Attorney Kennedy. Planned for June 27 at 7 p.m. B. Planning Commission and Workers' Compensation. Com- missioners are covered by Workers' Compensation. C. Administrative Organization Chart --possible Planning Director. D. Hearing for an amendment regarding driveways did not get published but will be on the next agenda. E. Questioned reimbursement by City for seminars --for seminar fee but not lost wages. F. EDA public hearing will be June 20. G. Garage sale sign and sales enforcement --by Building Inspector and City Engineer. Moved by Commissioner Magnuson and seconded by Commissioner Nystrom to adjourn. The meeting adjourned at. Motion carried. 8:45 p.m. hai rson Feyereisen 1 CRYSTAL PLANNING COMMISSION MINUTES July 10, 1989 The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Anderson, Barden, Christo- pher, Elsen, Feyereisen, Guertin, Magnuson Nystrom and Smith; also present were Building Inspector Barber, City Engineer Monk and Recording Secretary Scofield. Kamp arrived at 7:02 p.m. Moved by Commissioner Magnuson and seconded by Commissioner Elsen to approve the minutes of the June 12, 1989, meeting, with the following correction: Item 7 Moved by Commissioner Magnuson and seconded by Commissioner Smith to change the Plan- ning Commission Bylaws of Article II. A. ...meetings on the second Monday of each month at 7:00 p.m. Motion carried 8 to 1 with 1 abstention. Moved by Commissioner Anderson and seconded by Commissioner Kamp to approve the Planning Commission Bylaws as amended. Motion carried. The public hearing to consider amendments regarding driveways was moved to later in the agenda. 1. Reconsideration of Application #88-57 of John R. Paulson of Cambridge Apts., Inc. for rezoning property from R-1 District (Single Family Residential) to R -O 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 Kamp to set a public hearing before the Planning Commission at 7:00 p.m., or as soon thereafter as the matter may be heard, Monday, August 14, 1989, to consider the request of John R. Paulson of Cambridge Apts., Inc. in Application 088-57 to rezone from R-1 District (Single Family Residential) to R-0 District (Residential -office) and Application 488-59 for a conditional use permit to allow elderly housing in an R -O Zoning (Section 515.27, Subd. 4 c), property located at 6203-13 - 36th Ave. N., described as Tots 4 & 5, Block 4, Rosedale Acres. Motion carried. Greg Lundeen, 6125 - 36th Ave. N., requested notification of public hearing be extended from 350' to 500' as had been done for the previous public hearing on this item. Moved by Commissioner Magnuson and seconded by Commis- sioner Nystrom to notify property owners within 5001 as there is considerable commercial property near the site and so all affected property owners would be notified. Motion carried. July 10, 1989 - Continued Mr. Gleekel, John Paulson's attorney, objected to the 5001 notification. Commissioner Anderson requested staff to report to the Commission what senior housing is available in Crystal and in the adjoining communities. 2. Consideration of a building permit for an addition to the Crystal Lift Station located at 4943 - 53rd Ave. N. as requested by the Metropolitan Waste Control Commission (MWCC). Moved by Commissioner Christopher and seconded by Commis- sioner Guertin to recommend to the City Council to approve authorization to issue a building permit for a 15' X 251 addition to the existing Crystal Lift. Station building located at 4943 - 53rd Ave. N., P.I.D. #49-118-21.-11-oo51, as requested by the MWCC, subject to standard procedure. Motion carried. 3. Consideration of a building permit for remodeling of the kitchen area of Keng's Restaurant located at 6121 - 42nd Ave. N. as requested by John Lambin Construction Co. Moved by Commissioner Barden and seconded by Commissioner Anderson to recommend to the City council to ,approve authorization to issue a building permit to John Lambin Construction Co. for remodeling the kitchen area of Keng's Restaurant located at 6121 42nd Ave. N., P.I.D. #16-118- 21-23-0082, subject to standard procedure (site improvements). The following voted aye: Anderson, Barden, Kamp and Nys- trom. The following voted no: Christopher, Elsen, Fey- ereisen, Guertin, Magnuson and Smith. Motion denied 6-4. Moved by Commissioner Magnuson and seconded by Commis- sioner Guertin to recommend to the City Council to approve authorization to issue a building permit to Jahn Lambin Construction Co. for remodeling the kitchen area of Keng's Restaurant located at 6121 - 42nd Ave. N., P.I.D. #16-118- 21-2.3•-0082, and delete the standard procedure as this is an unusual situation with the City mandating the remodel- ing and the site improvements would be very nominal, so recommend granting request to waive site improvements. The following voted aye: Anderson, Christopher, Elsen, Feyereisen, Guertin, Magnuson and Smith. The following voted no: Barden, Kamp and Nystrom. Motion carried 7-3. July 10, 1989 - Continued rC 4. Consideration of a building permit for an airplane hangar at Lot 9E, Crystal Airport, as requested by Paul Weske of Aero Sales and Supply. Moved by Commissioner Smith and seconded by Commissioner Kamp to recommend to the City Council to approve autho- rization to issue building permit to Paul Weske of Aero Sales and Supply to build a 50' x 70' airplane hangar at Lot 9E, Crystal Airport, subject to standard procedure. Motion carried. 5. Consideration of a building permit for a solarium and remodeling at 5420 West Broadway as requested by Jeff Robinson of Perkins Family Restaurants. Moved by Commissioner Guertin and seconded by Commissioner Christopher to recommend to the City Council to approve authorization to issue building permit to Perkins Family Restaurants for a 1019" x 4114" solarium addition to the front of the building and remodeling at 5420 West Broad- way, P.I.D. #05-118-21-44-0007, subject to standard procedure. Motion carried. 6. Consideration of Variance Application #89-21 for a deck and three -season porch which will encroach in the required 40' rear yard setback at 6727 Valley Place North as requested by Greg and Roxanne Gray. Moved by Commissioner Kamp and seconded by Commissioner Guertin to recommend to the: City Cauncil to deny granting a variance of 14" in the required 401 rear yard setback for a 121 x: 14' deck and a 14' x 141 three -season parch on the existing house, at 6727 Valley Place North, P.I.D. #20-1.18-21-18-0062, as requested in Application #89-21 of Greg and Roxanne Gray. The findings of fact are: New house, should have been aware of zoning laws at the time it was being built and no hardship demonstrated. Motion carried. 7. Consideration regarding tentative and final approval of proposed plat Crystal Northwest Properties Second Addition located at 5200 Douglas Drive as submitted by Crystal Northwest Properties. Moved by Commissioner Elsen and seconded by Commissioner Magnuson to recommend to the City Council to grant tenta- tive and final approval of Crystal Northwest Properties Second Addition which is a replat of Crystal Northwest Properties Addition, property is located at 5200 Douglas Drive. Motion carried. July 10, 1989 - Continued 8. Consideration of final approval of proposed plat Crystal Community Center Addition located at 4800 Douglas Drive as submitted by the City of Crystal. Moved by Commissioner Christopher and seconded by Commis- sioner Guertin to recommend to the City Council to grant final approval of Crystal Community Center Addition which is a replat of part of Glen Haven Memorial Gardens 2nd Addition, located at 4800 Douglas Drive. Motion carried. 9. Chairperson Feyereisen declared this was the time and the Place as advertised for a public hearing to consider an amendment to delete a concrete driveway approach require- anent for single family residential property and an amend- ment to require hard surfacing for all driveways for single and two family residential properties. The following was heard: Arlene Wazlahowsky, 4840 Hamp- shire Ave. N., was concerned that she would have the expense of changing her rock driveway to a hard surface. Moved by Commissioner Magnuson and seconded by Commis- sioner Barden to close the public hearing. Motion carried. Moved by Commissioner Smith and seconded by commissioner Elsen to recommend to the City Council to approve an amendment to City Cade Section 800.19, Subd.. 2, to delete a concrete driveway approach requirement for single family residentialproperty and an amendment to Zoning Code Sec- tion 515..09, Subd. 4 kit} 11) to require hard surfacing for all driveways for single and two family residential prop- erties subject to administrative policy whereby residen- tial property owners with unimproved driveways be required to meet the ordinance provisions only when the structures on the site are expanded or the driveways are found to be a nuisance because of dust or erosion problems. Motion carried. 10. Consideration of City Code Sections Related to Planning. Moved by Commissioner Elsen and seconded by Commissioner Christopher to recommend approval of City Code Section V. Motion carried. 11. Discussion items: A. City Engineer Monk wanted Commission to know that architectural review not a part of the Code such as with airplane hangars. ,R July 10, 1989 - Continued B. Staff is considering a recommendation of a reduction in the rear yard setback from 40 ft. to 30 ft. given the size of the lots. C. Commissioner Feyereisen stated Pizza Hut's plans for 36th and Douglas have run into environmental problems caused by gasoline pumps formerly on the site. Moved by Commissioner Barden and seconded by Commissioner Nys- trom to adjourn. The meeting adjourned at 9:10 p.m. f� Cha rperson eyereisen S ecrelpyryl Barden L4& CRYSTAL PLANNING COMMISSION MINUTES August 14, 1989 The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Anderson, Christopher, Elsen, Feyereisen, Guertin, Kamp, Magnuson Nystrom and Smith; also present were Building Inspector Barber, City Engineer Monk and Recording Secretary Scofield. Barden arrived at 7:28 p.m. Moved by Commissioner Nystrom and seconded by Commissioner Christopher to approve the minutes of the July 10, 1989, meet- ing, with the following correction: Item 3 Moved by Commis- sioner Barden and seconded by Commissioner Anderson to recommend to the City Council to approve authorization to issue a building permit to John Lambin Construction Co. Motion carried. 1. Chairperson Feyereisen declared this was the time and the place as advertised for a public hearing to reconsider Application #88-57 of John R. Paulsen of Cambridge Apts., Inc. for rezoning property from R-1 District (Single Fam- ily Residential) to R-0 District (Residential -office) and 488-59 for a conditional use permit to allow elderly hous- ing in an R-0 District at 6203-13 -- 36th Ave. N. Also consideration of Variance. Application #89-22 for construc- tion of a 62 -unit senior citizen housing complex which will increase the density of the required 1500 square feet per unit. The City Engineer reviewed his staff report regarding the proposal. He also stated there are five main types of elderly housing: cooperatives, low income (subsidy), health care, market rate and luxury. The sur- rounding suburbs provide elderly housing as follows: New Hope 350 units, Robbinsd.ale 450 units, Golden Valley four projects (estimated 350-400 units) and. Brooklyn center with 343 units including a health care complex. The pro- ponent's attorney, Gerald Duffy, presented the Commission- ers with a memorandum and said the proposed project would further the goals of the Comprehensive Plan, no glut of elderly housing with Ila units presently in Crystal, The Crystal (Mr. Paulson's elderly housing complex near Thriftway) is 100% occupied, geographic area on 35th Ave. N. acts as a transition between commercial and single fam- ily housing, traffic issue addressed by commercial estab- lishments on Douglas allowing a second access to the project through their parking lot, cited elderly traffic patterns of The Crystal, can put parking on flood plain and trash will be handled inside the building. Commis- sioner Magnuson was concerned with parking on flood plain citing a Robbinsdale complex incapable of using parking because of flooding and second access going through park- ing lot of commercial buildings. Mr. John Paulson spoke regarding the second access. Commissioner Christopher August 14, 1989 - Continued questioned the project as a "buffer" between R-1 and B-4. Mr. Duffy cited the landscaping and retention of trees and with this being the best use of the property. The following were heard; Shirlie Lundgren, 6307 - 34th Ave. N., thought property should not be R-1 and developer should try to acquire adjoining back lots and spread out the 62 units. Mike Vaughan, 3504 Douglas Drive, presented a petition with 213 signatures against changing the zoning from R-1 and representing the adjoining townhomes associa- tion questioned the loss of trees as a buffer and the num- ber of units on approximately the same size of property as the eight townhomes. Jeff Johnson, 3548 Brunswick Ave. N., cited traffic patterns increased and highly congested intersection would affect neighbors to north and east. Greg Lundeen, 6125 - 36th Ave. N . , pointed out loss of property value, possibility of people younger than 55 years of age and change to market rate apartments. Johan Egan, 3555 Brunswick Ave. N. questioned if large enough area for 62 units. Lorraine push, 3704 Colorado Ave N,, stated nearly impossible to get onto 36th presently and cannot be sure traffic would not be at peak times with residents of 55 gears of age. Greg Haik, 3608 Colorado Ave. N., concerned with flood plain and felt site layout would need much, larger area. Moved by Commissioner Elsen and seconded by Commissioner Barden to close the public hearing. Motion carried. A. Moved by Commissioner Magnuscn and seconded by Commis- sioner Christopher to recommend to thecity Council to deny Application 088-57, as submitted by John, R. Paul -- son of Cambridge Apts., Inc. to rezone from R-1 Dis- trict (Single Family Residential) to R -O District. (Residential -office) property located at 62.03-13 - 36th Ave. N., legally described as Lots 4 & 5, Bloc[ 4, Rosedale Acres. The findings of fact are: Based on rezoning and land use is 1) not consistent with our Comprehensive Plan, 2) proposal's density is inconsistent with surrounding lard uses, 3) adequate number of apartments within surrounding area that can house elderly and +4) more elderly living in own homes. Motion carried B. No action on Application #88-59 for a conditional use permit to allow elderly housing in an R -O Zoning (Section 515.27, Subd. 4 c), property located at 6203- 13 - 36th Ave. N., legally described as Lots 4 & 5, Block 4, Rosedale Acres, because rezoning not recom- mended for approval. August 14, 1989 - Continued C. No action on granting a variance (Section 515.15, Subd. 2 d) 4) iii) of 260 square feet per unit in the required 1500 square feet per unit (represents 11 units) for a 62 -unit senior citizen housing complex at 6203-13 - 36th Ave. N., P.I.D. #21-118-21-22-0069 and 21-118-21-22-0070, as requested in Application #89-22 of John R. Paulson because rezoning not recommended for approval. Chairman Feyereisen called a five minute recess. 2. Consideration of the vacation of the west 5' side utility and drainage easement and Variance #89-25 for a detached garage which will encroach in the required 3' side yard setback at 5408 Angeline Ave. N. as requested by Charles Bagne. A. Moved by Commissioner Elsen and seconded by Commis- sioner Magnuson to recommend to the City Council to grant a vacation of the west 5' side utility and drainage easement at 5408 Angeline Ave. N., P.I.D. #09-118-21-12-0118, as requested by Charles Bagne. The findings of fact are: Easement not currently being used and no plar:s to use it and: would aid appli- cant in building garage. Motion carried. L. Moved by Commissioner Kamp and seconded by Commis- sioner Elsen that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to deny a variance of 2' in the required 3' side yard setback for construction of a 20' x 20' detached garage, at 5408 Angeline Ave. N., P.I.D. #09-118-21- 12-0118, as requested in Application #89-25 of Charles Bagne. The findings of fact are: Although a narrow lot others have resolved the 3' side yard setback requirement. The following voted aye: Anderson, Barden, Elsen, Kamp and Smith. The following voted no: Christopher, Feyereisen, Guertin, Magnuson and Nystrom. Motion tied 5-5. 3. Consideration of Variance #89-26 for a kitchen addition which will encroach in the required 40' rear yard setback and a variance in the required 7,500 sq. ft. lot area at 4748 Zane Ave. N. as requested by Steven Hyser. Moved by Commissioner Elsen and seconded by Commissioner Guertin that pursuant to Section 515.55 of the Crystal August 14, 1989 - Continued 017 City Code to recommend to the City Council to vary or mod- ify the strict application of Section 515.13, Subd. 4 a) and Section 515.15, Subd. 2 c) 3) i) granting a variance of 3' in the required 40' rear yard setback and Section 515.15, Subd. 2 c) 3) i) granting a variance of 1,200 sq. ft. in the required 7,500 sq. ft. lot area to allow an 1116" x 20' kitchen addition on the existing house at 4748 Zane Ave. N., P.I.D. #09-118-21-31-0090, as requested in Application #89-26 of Steven Hyser. The findings of fact are: Nominal variance, less than 10%, equal sized addition to the neighbors and demon- strated hardship of lot size. Motion carried. 4• Consideration of Application #89-24 of KLO Properties for a conditional use permit to allow an auto service center (Firestone) in a B-3 Auto -Oriented Commercial District at 6800 - 56th Ave. N. Moved by Commissioner Barden and seconded by Commissioner Christopher to set a public hearing before the Planning Commission at 7:00 p.m., or as scan ther8after as the mat- ter may be heard, Monday, September 11, 1989, to consider the request of KLO Properties in Application #89-24 for a conditional use permit to allow an auto service center in a S-3 Auto -Oriented Commercial District (Section 515.35, Subd. 4 c), property located at 6300 - 56th Ave. N., P.I.D. 005-118-21-42-0039. Motion carried. 5. Consideration of a building permit for remodeling building into a Chinese restaurant formerly Donuts & More located at 5303 - 36th Ave. N. as requested by John Lambin Con- struction Co. A. Moved by Commissioner Magnuson and seconded by Commis- sioner Barden to recomm8-i d to the City Council to approve authorization to issue a building permit to John Lambin Construction cc. for remodeling into a Chinese restaurant the building located at 5303 - 36th Ave. N., P.I.D. +07-029-24-22-0075, subject to standard procedure. Motion carried. B. Moved by Commissioner Smith and seconded by Commis- sioner Anderson to recommend to the City Council to deny request to waive site improvements requirement at 5303 - 36th Ave. N. Motion carried. . O August 14, 1989 - Continued . Consideration of a building permit for an addition to the building located at 4700 Welcome Ave. N. as requested by U.S. West Communications. Moved by Commissioner Magnuson and seconded by Commis- sioner Christopher to recommend to the City Council to approve authorization to issue a building permit to U.S. West Communications for a 71' x 158' addition on the existing building located at 4700 Welcome Ave. N., P.I.D. #09-118-21-31-0009, subject to standard procedure. Motion carried. 7. Discussion items: A. Economic Development Administration (EDA) will be appointing two people from Planning Commission to Advisory Commission to EDA, in case someone would like to volunteer. B. Commissioner Anderson asked if hearing scheduled con- cerning Bassett Creek. City Engineer Monk said he had held a neighborhood meeting regarding the culvert. C. Commissioner Anderson asked Building Inspector Barber whether those on Valley Place who had built decks without a permit would be taken to court for viola- tion. Difficult to collect if work completed some time ago. D. Commissioner Feyereisen stated the site on 36th & Dou- glas is being cleaned up and Pizza Hut will be going ahead. Moved by Commissioner Anderson and seconded by Commissioner Magnuson to adjourn. The meeting adjourned at 10:12 p.m. Ch irper Feyereisen 4cre_t��aryBarden 3 1 CRYSTAL PLANNING COMMISSION MINUTES September 11, 1989 The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Anderson, Barden, Elsen, Guertin, Kamp, Magnuson and Nystrom; the following were absent: Christopher, Feyereisen and Smith; also present were City Engi- neer Monk and Recording Secretary Scofield. Moved by Commissioner Elsen and seconded by Commissioner Guertin to approve the minutes of the August 14, 1989 meeting. Motion carried. 1. Vice Chairperson Magnuson declared this was the time and the place as advertised for a public hearing to consider Application 489-24 of KLO Properties for a conditional use permit to allow an auto service center (Firestone) in a B-3 (Auto -Oriented Ccmmercial) District at 6800 - 56th Ave. N. City Engineer Monk stated the present restaurant will be removed, proposal meets the setbacks, has 10 bays, customer waiting area and building will not sit on the road.The proponent, Paul Oberstar, presented the follow- ing: will have a long-term lease with Firestone, employ 25 full-time employees, building aesthetically attractive, best use of area in terms of tax dollars generated. No one appeared at the public hearing, but some of the Commissioners asked the following questions: Is there a demonstrated need? How does proposal fit into area of restaurants? How will snow removal be handled? Is there adequate space for used inventory? What are hours of operation? Mr. Oberstar answered these questions. Moved by Commissioner Barden and seconded by Commissioner Guertin to close the public hearing. Motion carried. Moved by Commissioner Barden and seconded by Commissioner Kamp to r8commend to the City Council to approve Applica- tion #89-24, as submitted, by KLO Properties, for a condi- tional use permit to allow an auto service center in a B-3 (Auto -oriented Commercial) 'District (Section 515.35, Subd, 4 c), property located at GS00 - 56th Ave. N., P.I.D. #05- 118-21-42--0039. The findings of fact are: Use is consistent with current zoning, appropriate use of the land and reasonable request. The following voted aye: Barden, Elsen, Guertin, Kamp and Magnuson. The following voted no: Anderson and Nystrom Motion carried 5 to 2. September 11, 1989 - Continued 2. Consideration of a building permit for an airplane hangar at Lot 9C, Crystal Airport, as requested by John Leinen Construction Co. for John Zimmer. Moved by Commissioner Guertin and seconded by Commissioner Kamp to recommend to the City Council to approve autho- rization to issue a building permit to John Leinen Con- struction Co. to build a 62' x 50' airplane hangar at Lot 9C, Crystal Airport, subject to standard procedure. Motion carried. 3. Consideration of a building permit for an airplane hangar at Lot 74A, Crystal Airport, as requested by John Leinen Construction Co. for Marvin Nelson. Moved by Commissioner Kamp and seconded by Commissioner Guertin to recommend to the City Council to approve authorization to issue a building permit to John Leinen Construction Co. to build a 40' x 66' airplane hangar at Lot 74A, Crystal Airport, subject to standard procedure. Motion carried. 4. Consideration of Variances #89-27 and #89-28 for an attached garage which will encroach in the required 30' front yard setback and 5' side yard setback at 5062 Quail Ave. N. as requested by Cindy Frayseth. Moved by Commissioner Elsen and seconded by Commissioner Guertin 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) and Section 515.13, 5ubd. 3 a) 1) granting a variance of 7-12' in the required 30' front yard setback and 3.31 in the required 5" side yard setback for construction of a 20' X 20' attached garage, at 5062 Quail Ave. N., P.I.D. 009-118-21-14-0004, as requested in Applications #89-27 and #69-28 of Cindy Frayseth.. The findings of fact are: Hardship is demonstrated in the shape of the lot (dips and slope in the back and the curve in the street). Motion carried. 5. Consideration of Variance Applications #89-31 and #89-32 to expand a non -conforming use and to consider a variance to the off-street parking space requirement to allow an outside cafe at 4900 West Broadway as requested by Steven Weisman of SteveO's. Steve Weisman and Bill Mavity, his attorney, were present to describe the proposal in detail. Moved by Commissioner Elsen and seconded by Commissioner Barden that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to deny a variance to expand a non -conforming use and a variance of 24 off- September 11, 1989 - Continued street parking spaces to permit an outside cafe at 4900 West Broadway, P.I.D. #09-118-21-31-0007, as requested in Applications #89-31 and #89-32 of Steven Weisman. The findings of fact are: Request does not fit within the Code guidelines and no hardship other than economic was demonstrated. Motion carried. 6. Consideration of final approval of proposed plat HRA 5th Addition located at 3432 Welcome Ave. N. as submitted by the Housing & Redevelopment Authority. Moved by Commissioner Kamp and seconded by Commissioner Guertin to recommend to the City Council to grant final approval of HRA 5th Addition which is a replat of west half of Lot 14, Block 1, Rosedale Acres, property is located at 3432 Welcome Ave. N. Motion carried. 7. Consideration of Application #89-29 of Paster Enterprises for a conditional use to allow a convenience food estab- lishment (Subway Sandwich) in a B-4 (Community Commercial) District at 5557 West Broadway. Moved by Commissioner Damp and seconded by Commissioner Barden to set a public hearing before the Planning commis- sion at 7:00 p.m., or as soon thereafter as the matter may be heard, Monday, October 9, 1989, to consider the request of Paster Enterprises in Application #89-29 to allow a convenience food establishment in a B-4 (Community Commer- cial) District at 5557 W. Broadway, P.I.D. #05-118-21-43- 0003. Motion carried. 8. Consideration of Application #89-33 for rezoning property from R-1 (Single Family Residential) District to R-2 (Single and Two Family Residential) District at 5738 West Broadway. Moved by Commissioner Barden and seconded by Commissioner Anderson to set a public hearing before the Planning Com- mission at 7:00 p.m., or as soon thereafter as the matter may be heard, Monday, October 9, 1989, to consider the request of Cathy Nolan and Tim Drew in Application #89-33 to rezone from R-1 (Single Family Residential) District to R-2 (Single and Two Family Residential) District, 5738 West Broadway, legally described as N 1/2 Lot 2, Cloverdale Acres and S 1/2 Lot 2, Cloverdale Acres. Motion carried. September 11, 1989 - Continued 9. Discussion items: 1) Questioned possibility of holding public hearings for variances at the Planning Commission to have input from neighboring property owners. 2) Questioned that Steveo's had put up a fence and could SteveO's put up "No Parking" signs behind building. 3) Mayor will appoint two people from Planning Commission to the Advisory Commission to Economic Development Administration (EDA). Moved by Commissioner Elsen and seconded by Commissioner Guertin to adjourn. The meeting adjourned at 8:45 p.m. ecre y Barden i I r' Motion carried. r Vice Chai pers n„ agnuson CRYSTAL PLANNING COMMISSION MINUTES October 9, 1989 The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Anderson, Barden, Christo- pher, Feyereisen, Guertin, Kamp, Magnuson Nystrom and Smith; the following was absent: Elsen; also present were Building Inspector Barber, City Engineer Monk and Recording Secretary Scofield. Moved by Commissioner Magnuson and seconded by Commissioner Nystrom to approve the minutes of the September 11, 1989, meeting. Motion carried. 1. Chairperson Feyereisen declared this was the time and the place as advertised for a public hearing to consider Application#89-29 of Paster Enterprises for a conditional use permit to allow a convenience food establishment (Subway Sandwiches) in a B-4 (Community Commercial) Dis- trict at 5557 West Broadway. The City Engineer stated the applicant would construct a 40' x 62' free standing build- ing, parking being redone and three accesses closed. The proponents, John Streeter, Jim Benshoof, Mary Hultman,. Lisa Yarborough and Bill Jensen, responded to the Commis- sioners, questions as follows: sail samples were taken years agcy when, the Sinclair pumps were removed; traffic for pedestrian crosswalk will be stopped, signage put up or a speed bump installed if necessary and locking for another food establishment for the other tenant. No one appeared at the public hearing. Moved by Commissioner Kamp and seconded by Commissioner Barden to close the public hearing. Motion carried. Moved by Commissioner Christopher and seconded by Commis- sioner Nystrom to recommend to the City Council to approve Application #89--29, as submitted by Paster Enterprises, for a conditional use permit to allow a convenience fond establishment in a B-4 (Community Commercial) District (Section 515.37, Subd. 4 i), property located at 5557 W. Broadway, P.I.D. #05-118-21-43-0003. The findings of fact are: This is a positive change, ben- efit the area and customers, good addition to the shopping center and is consistent with present zoning. Motion carried. CA 3 October 9, 1989 - Continued 2. Consideration of a building permit for construction of a convenience food establishment building at 5557 West Broadway, as requested by Advance Construction for Paster Enterprises. Moved by Commissioner Magnuson and seconded by Commis- sioner Guertin to recommend to the City Council to approve authorization to issue a building permit to Advance Con- struction to build a 40' x 62' building located at 5557 West Broadway, subject to standard procedure. Motion carried. 3. Chairperson Feyereisen declared this was the time and the place as advertised for a public hearing to consider Application #89-33 as submitted by Cathy Nolan and Tim Drew to rezone froltt R-1 (Single Family Residential) Dis- trict to R-2 (Single and Two Family Residential) District property located at 5738 West Broadway. The City Engineer stated there are several duplexes in the area, across street from large commercial business, faces bush roadway, so no longer spot zoning. The proponents, Cathy Dolan and Tim Drew, presented a plan for a duplex which will have to be altered to fit the 561 frontage of the lot. No one appeared at the public hearing. Moved by Commissioner Anderson and seconded by Commis- sioner Kamp to close the public hearing. Motion carried. Moved by Commissioner Kamp and seconded by Commissioner Christopher to recommend to the City Council to approve Application #89-33, as submitted by Cathy Nolan and Tim Drew to rezone from R-1 (Single Family Residential) Dis- trict to R-2 (Single and Two Family Residential) District, property located at 5738 West Broadway, legally described as N 1/2 Lot 2, Cloverdale Acres and S 1/2 Lot 2, Cloverdale Acres. The findings of fact are: Busy street, other duplexes in the area when allowed in R-1, large commercial establish- ment across the street and approve rezoning with the con- dition of one access. Motion carried. Consideration of Application #89-34 of Pravin Bhakta for rezoning property from R-1 (Single Family Residential) District to B-3 (Auto -Oriented Commercial) District at 6000 Lakeland Ave. N. 3 October 9, 1989 - Continued Moved by Commissioner Magnuson and seconded by Commis- sioner Guertin to set a public hearing before the Planning Commission at 7:00 p.m., or as soon thereafter as the mat- ter may be heard, Monday, November 13, 1989, to consider the request of Pravin Bhakta in Application #89-34 to rezone a portion of the property from R-1 (Single Family Residential) District to B-3 (Auto -Oriented Commercial) District: so entire property will be zoned B$3, 6000 Lake- land Ave. N., legally described as Lot 1, Block 1, Liberty Estates. Motion carried. 5. Consideration of Variance Application #89-35 for an addi- tion to Thrift Way Supermarket which will encroach in the required 177 off-street parking spaces at 5715 West Broad- way, as requested by Corporate Finishes, Inc. for Al Salsburg. Moved by Commissioner Barden and seconded by Commissioner Christopher that pursuant to Section 51.5.55 of the Crystal City Code to recommend to the City Council to vary or mod- ify the strict application of Section 515.09 Subd. 8 t) granting a variance of 11 off-street parking spaces (presently has variance of 16) of the required 177 parking spaces to allow a 36' x 46' addition to Thrift Way Super- market at 5715 West Broadway, P.I.B. #05-118--21-42-0056, as requested in Application #89-35 of Corporate Finishes, Inc. for Al Salsburg. The findings of fact are: Reasonable request, minor vari- ance and no additional parking needed for building expansion. Motion carried. 6. Consideration of a building permit for an addition to Thrift Way Supermarket at 5715 West Broadway as requested by Corporate Finishes, Inc. for Al Salsburg. Moved by Commissioner Magnuson and seconded by Commis- sioner Ramp to recommend to the City Council to approve authorization to issue a building permit to Corporate Fin- ishes, Inc. for Al Salsburg for a 36' x 461 addition to the existing Thrift Way Supermarket located at 5715 West Broadway, P.T.O. #05-118-21-42-0056, plus other remodel- ing, subject to standard procedure. Motion carried. 7. Consideration of a building permit for an auto service center building at 6800 - 56th Ave. N. as requested by Firestone. A5 October 9, 1989 - Continued Moved by Commissioner Christopher and seconded by Commis- sioner Guertin to recommend to the City Council to approve authorization to issue a building permit to Firestone for construction of a 6,595 sq. ft. auto service center build- ing located at 6800 - 56th Ave. N., P.I.D. #05-118-21-42- 0039, subject to standard procedure. Motion carried. 8. Consideration of Application #89-36 of Robert Ayers (Car -X Muffler Shop) for rezoning property from B-4 (Community Commercial) District to B-3 (Auto -Oriented Commercial) District and #89-37 for a conditional use permit to allow an auto repair -minor facility in a B-3 District at 3343 Vera Cruz Ave. N. Moved by Commissioner Guertin and seconded by Commissioner Harden to set a public hearing before the Planning Commis- sion at 7:00 p.m., or as soon thereafter as the matter may be heard, Monday, November 13, 1989, to consider the request of Robert Ayers (Car -X Muffler Shop) in Applica- tion #89-36 for rezoning property from B-4 (Community Com- mercial) District to B-3 (Auto -Oriented Commercial) Dis- trict and #89--37 for a conditional use permit to allow an auto repair -minor facility in a B-3 District at 3343 Vera Cruz Ave. N., Lot 2, Block 6, Rosedale Acres. Motion carried. 9. Consideration of Variance Application #89-38 for a detached garage which will encroach in the required 25' side street side yard setback at 4501 Yates Ave. N., as requested by Anthony and Marion Piasecki. Moved by Commissioner Magnuson 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 515.07 Subd. 5 c) 7) granting a variance of 5' in the required 25' side :street side yard setback for a 22' x 201 detached garage at 4571 Yates Ave. N., P.I.D. #09-118-21-34-0095, as requested in Applioation 489--38 of Anthony and Marion Piasecki. The findings of fact are: This variance is minimal, is a replacement to garage and lining up with other structures and nice addition. The following voted aye: Christopher, Feyereisen, Guertin, Magnuson, Nystrom and Smith. The following voted no: Anderson, Barden and Kamp. Motion carried 6 to 3. 431 October 9, 1989 - Continued 10. Discussion items: A. Council reappointments. Commissioners wishing to be reappointed to another term are to resubmit an appli- cation to the City Council. B. Appointing a Planning Director. Council undecided at this time. Moved by Commissioner Barden and seconded by Commissioner Christopher to adjourn. Motion carried. The meeting adjourned at 8:33 p.m. Chaipersoneyereisen fi Se4c,,t ary Barden CRYSTAL PLANNING COMMISSION MINUTES November 13, 1989 The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Anderson, Barden, Christo- pher, Elsen, Feyereisen, Guertin, Kamp, Magnuson Nystrom and Smith; also present were Building Inspector Barber, City Engi- neer Monk and Recording Secretary Scofield. Moved by Commissioner Magnuson and seconded by Commissioner Elsen to approve the minutes of the October 9, 1989, meeting. Motion carried. 1. Chairperson Feyereisen declared this was the time and the place as advertised for a public hearing to consider Application #89-34 of Pravin Bhakta for r-ei-oning a portion of the property from R-1 (Single Family kesidential) Dis- trict to B-3 (Auto -oriented Commercial) District at 60oo Lakeland Ave. N. City Engineer stated applicant propos;es expanding the motel by constructing .a 22 -unit, two-story addition but there is a concern about an adequate buffer between commercial and single family residential. The proponent, Denis Villella, real estate consultant to Pravin Bhakta, presented the following: Pians to have a Spanish style building, leave garage, has a buffer of a solid fence, vegetation and space, and wants to start con- struction yet this year. The following were heard: Cliff Gawtry, 6329 Lombardy Lane, was concerned with the water table and drainage, and Michael, Baillargeon, 6400 - 60th Ave. N . , questioned the buffer and close proximity to the new single family residences. Moved by Commissioner Magnuson and seconded by Commis- sioner Nystrom to continue until December 11, 1989, the discussion of Application #89-34, as submitted by Pravin Bhakta, to rezone a portion of the property from R-1 (Single Family Residential) District to B-3 (Auto -Orient,; -t Commercial) District; so entire property will be zoned 8-3 at 6000 Lakeland Ave. N., legally described as Lot 1, Flock 1, Liberty Estates, and requested Mr. Bhakta submit proposed building plans at that time which provide a more definitive buffer between, the cornmeraial and residential uses. Motion carried. 2. Chairperson Feyereisen declared this was the time and tf- place as advertised for a public hearing to consider Application #89-36. as submitted by Robert Ayers (Car -X Muffler Shop) to rezone from B-4 (Community Commercial) District to B-3 (Auto -Oriented Commercial) District and November 13, 1989 - Continued #89-37 for a conditional u repair -minor facility in a Ave. N. The City Engineer noise in the area, Highway Ave. intersection and Hwy owner of property in the a come along, bays should no properties, need for more because frontage road is o through residential tneighb The proponents presented t: Dave Kievet and Rick Behre ge permit to allow an auto B-3 District at 3343 Vera Cruz stated problems with increased Department may upgrade the 36th L00 but can't deny a proposal of .ea because an improvement may directly face single family .andsca,ping and buffering, ie -way traffic must circulate :rhood, and more truck traffic. ie following: Robert Ayers, is want tau Z l rV nrr a c e--1 ^mc3 4-r% hignway as possible (Chalet Ski and Patio is closer to highway); willing to put up buffer of fencing, etc.; Car - Muffler Shop rated second of national muffler shop fran- chises in country by "Consumer Reports;" dumpsters for paper products and old mufflers will be enclosed; deliverer trues will deliver once a week; hours will be for six days a weep 'dues . , Wed. and Fri. 8 a.m. to 5:30 pam., Mon. and Thurs. 8 a.m. to 8 p.m. and Sat. 8 a.m. to 3 p.m.; there is noise from Highway 100 and; most mufflers taken off by blow torch; traffic of 20 to 25 cars repaired daily which would be a much lower traffic rate than a conve- nience store or dry cleaning establishment and drainage would stay the same with more surface water running off to Vera Cruz. The following were heard: Marlene Nelson, 3324 Welcome Ave. N. Durwin Ward, 3356 Welcome Ave. N. Angie Nord, 3332 Welcome Ave. N. Don Persons, 3340 Welcome Ave. N. Margaret Hajder, 5600 - 35th Ave. N. Charles Hillstrom, Owner of 3333 Vera Cruz Ave. N. The following concerns were presented: Increased traffic, noise from eight bays in auto repair shop, cars do not respect the 4 -way stop sighs now making it difficult for children to catch bus, franchisee not concerned with State's highway plans, view of Car -h Muffler Shop, moving dirt from front of lot to rear will cause flooding into yards, pollution from traffic already bad, donit need muf- fler service and impossible to build a high enough fence for screening. Moved by Commissioner Barden and seconded by Commissioner Magnuson to close the public hearing. Motion carried. Moved by Commissioner Christopher and seconded by Commis- sioner Magna son to recommend to the City Council to deny Application #89-36, as submitted by Robert Ayers (Car -X Muffler shop) to rezone from B-4 (Community Commercial) District to B-3 (Auto -Oriented Commercial) District and #89-37 for a conditional use permit to allow an auto November 13, 1989 - Continued repair -minor facility in a B-3 District at 3343 Vera Cruz Ave. N., Lot 2, Block 6, Rosedale Acres. The findings of fact are: No apparent need for this ser- vice demonstrated, buffer insufficient, noise issue, spot zoning and inconsistent with Comprehensive Plan. The following voted aye: Anderson, Christopher, Elsen, Feyereisen, Guertin, Kamp, Magnuson and Nystrom. The fol- lowing voted no: Barden and Smith. Motion carried 8 to 2. 3. No action on a building permit for construction of a Car -X Muffler Shop building at 3343 Vers Cruz Ave. N., as requested by Kievet Construction Services, because rezon- ing and conditional use permit not recommended for approval. 4. Consideration of Variance Application #89-39 for a screened porch which encroaches in the required 30' front yard setback at 5423 Welcome Ave. N., as requested by Charles L. Jordan. Moved by Commissioner Magnuson and seconded by Commis- sioner Barden that pursuant to Section 515.55 of the Crys- tal City Code to recommend to the City Council, to deny chanting a variance of 5' in the. required 301 front yard setback for a, 61 14' screened porch on the existing house at 5423 Welcome Ave N,, F.I.D. #04-118-21-34-0123, as requested in Application #89-39 of Charles L. Jordan. The findings of fact are: Really don't feel a hardship demonstrated, ample area that deck could be moved to and be consistent with ordinance, setting a precedent allowing construction in front yard setback and setting a precedent granting variances automatically for something already built. The following voted aye: Anderson, Barden, Elsen, Fey- ereisen, Guertin, Kamp, Magnuson, Nystrom and Smith. The following voted no: Christopher. Motion carried 9 to 1. 5. Consideration of Variance Application #89-41 for a detached shed which encroaches in the required 10' side street side yard setback at 5955 Jersey Ave. N., as requested by Gregory A. Johnson. Moved by Commissioner Barden and seconded by Commissioner Elsen that pursuant to Section 515,55 of the Crystal City Code to recommend to the City Council to deny granting a variance of 9' in the required 10' side street side yard setback for a 11' x 12' detached shed at 59.55 Jersey Ave N., P.I.D. #05-118-21-13-0051, as requested in Application 089-41 of Gregory A. Johnson. November 13, 1989 - Continued The findings of fact are: No hardship demonstrated, too large a variance and exceeds percentage of coverage for accessory buildings. Motion carried. Consideration of Application #89-42 of Bill Nicklow (St. Anthony Shopping Center) for a conditional use permit to allow an amusement center in a B-4 (Community Commercial) District at 5311 - 36th Avenue North. Moved by Commissioner Christopher and seconded by commis- sioner Kamp to set a public hearing before the Planning Commission at 7:00 p.m., or as soon thereafter as the mat- ter may be heard, Monday, December 11, 1989, to consider the request of Bill Nicklow (St. Anthony Shopping Center) in Application #89-42 for a conditional use permit to allow an amusement center in a B--4 (community Commercial) District (Section 515.37, Subd. 2 c), property located at 5311 - 36th Avenue North, P.T.U. #07-029-24-22-0076. Motion carried. 7. Discussion items: A. Long -Range Planning Commission being phased out. Moved by Commissioner Anderson and seconded by Commis- sioner Elsen to recommend that the City Council give appropriate Long -Range Planning Commission duties to the Planning Commission and make the Long -Range Plan- ning Commission inactive. B. Suggestion of establishing Planning Commission as Board of Adjustments and Appeals; so Planning Commis- sion gives final approval. If Planning Commission denies a variance, it would go to City Council. Applicant gets quicker action by this method. C. Suggestion regarding buffer between commercial and residential to place trees, etc. on resident's side of fence --would move the fence away from lot line into the commercial property. Moved by Commissioner Magnuson and seconded by Commissioner Barden to adjourn. Motion carried. The meeting adjourned at 9:10 p.m. Chairperson Feyereisen � f Sec et ry arden .� Y3 y CRYSTAL PLANNING COMMISSION MINUTES December 11, 1989 The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Anderson, Barden, Elsen, Fey- ereisen, Guertin, Kamp, Magnuson Nystrom and Smith; the follow- ing was absent: Christopher; also present were Building Inspector Barber, City Engineer Monk and Recording Secretary Scofield. Moved by Commissioner Magnuson and seconded by Commissioner Nystrom to approve the minutes of the November 13, 1989, meeting. Motion carried. I. Chairperson Feyereisen declared this was the time and the place for a continuation of the public hearing to consider Application #89-34 of Pravin Bhakta for rezoning a portion of the property from R-1 (Single. Family Residential) Dis- trict to B-3 (Auto -Oriented Commercial) District at 6000 Lakeland Ave. N. The City Engineer stated Mr. Bhakta is working on a redevelopment plan and hopes to have it ready by the next Planning Commission meeting. Moved by Commissioner Barden and seconded by Commissioner Magnuson to continue until January 8, 1990, the discussion of Application #89-34, as submitted by Pravin Bhakta, to rezone a portion of the property from R-1 (Single Family Residential) District to B-3 (Auto -Oriented Commercial) District; so entire property will be zoned B-3 at 6000 Lakeland Ave. N., legally described as Lot 1, Block 1, Liberty Estates. Motion carried. 2. Chairperson Feyereisen declared this was the time and the place as advertised for a public hearing to consider Application #89-42 as submitted by Bill Nicklow (Anthony Shopping Center) for a conditional use permit to allow an amusement center (billiards) in a B-4 (Comniazity Commer- cial) District at 5311 - 36th, Ave. H. The City Engineer stated the conditions for licensing and requested a waiver of the requirement of 10 acres in area (Anthony Shopping Center has 7.5 acres). The proponents, Fill Nicklow and Jerry Farrell, presented the following: The center will be modeled after the one in Fridley, there will be full- time management, the curfew will limit the age of minors and the building has stood empty for four or five months without getting a tenant. Moved by Commissioner Elsen and seconded by Commissioner Kamp to close the public hearing. Motion carried. f December 11, 1989 - Continued Moved by Commissioner Elsen and seconded. by Commissioner Nystrom to recommend to the City Council to approve Appli- cation #89-42, as submitted by Bill Nicklow (Anthony hop- ping center) for a conditional use permit to allow an amusement center (billiards) in a B-4 (Community Commer- cial) District at 5311 36th Ave. N., P.I.D. #07-029-24- 22-0076. b7-029-24-22-0076. The findings of fact are: Area is suitable for this type of use, the timing is right, building has been unoccupied for several months so in the best interest of the City and no one appeared at the public hearing opposing the amuse- ment center. Motion carried. 3. Consideration of Variance Application #89-43 for an over 4 ft. tall privacy fence in the front and side yard and parking in the front yard at 3425 Winnetka Ave. N., as requested by Diane H. Schipper. Moved byCommissioner Magnuson 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 515.07 Subd. 8 c) granting a variance of 1191' in the allowed 40 high fence in the front and side yard and parking in the front yard, at 3425 Winnetka Ave N., P.I.D. #19-118-21-11-x]101, as requested in Application #89-43 of Diane H. Schipper. The findings of fact are: High noise level at the site is a problem requiring special consideration. Parking in the front yard is another hardship because parking is restricted on Winnetka and the parking in the front yard existed before the ordinance restricting it. Motion carried. 4. Consideration of Variance Application #89-45 requesting a second principal building on a lot at 5141 Lakeland Ave, N. (Johnson Equipment Company), as requested by Dahlgren, Shardlow and Uban, Inc. for U. S. west New Vector Croup. The proponents, a group including Tim Malloy, John Shard- low and Oscar ganger, stated U. S. West New Vector is a subsidiary of U. S. Communications having similar opera- tions in 14 states for mobile phone users, low poorer watts per channel, no noise, minimal impact can sur- rounding property, Mr. Johnson wanted the building and tower located on the southwest corner to allow for futuj7e plans, does not interfere with other radia or T -V, their law department advised against locating on the U. S. 'fest property on 47th & Welcome Ave. N. and the building will be a fiberglass prefabricated structure. Moved by Commissioner Magnuson and seconded by Commis- sioner Elsen that pursuant to Section 515.55 of the IP? i0lic December 11, 1989 - Continued Crystal City Code to recommend to the City Council to deny granting a variance to allow a second principal building on a lot at 5141 Lakeland Ave N. (Johnson Equipment Com- pany), P.I.D. #09-118-21-24-0002, as requested in Applica- tion #89-45 of Dahlgren, Shardlow and Uban, Inc. for U. S. West New Vector Group. The findings of fact are: Location selected by U. S. West could create a problem for redevelopment of that area. Additionally, given the tower height and mass the site should be isolated as much as possible. The following voted aye: Anderson, Barden, Elsen, Fey- ereisen, Guertin, Kamp, Magnuson and Nystrom. The follow- ing voted no: Smith. Motion carried 8 to 10. Moved by Commissioner Magnuson 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 515.07 Subd. 3 granting a variance to allow a second principal building on the northwest corner of the lot at 5141 Lakeland Ave N. (Johnson Equipment Company), P.I.D. #09-118-21-24-0002, as requested in Application #89-45 of Dahlgren, Shardlow and Uban, Inc. for U. S. West New Vector Group. The findings of fact are: It would be suitable for U. S. West New Vector Group to relocate on the northwest corner of the Johnson property at 5141 Lakeland because it would be more isolated and less likely to affect redevelopment of the site. Approval includes conditions of the tower location by the FAA and MAC in terms of its impact on the airport and platting of the entire parcel which is now described by metes and bounds. A permanent access ease- ment shall also be granted to the leased site. Motion carried. 5. Consideration of a building permit for a prefabricated building and a tower at 5141 Lakeland Ave. N. as requested by Dahlgren, Shardlow and Uban, Inc. for U. S. West New Vector Group Moved by Commissioner Elsen and seconded by Commissioner Magnuson to recommend to the City Council to approve authorization to issue a building permit to Dahlgren, Shardlow and Uban, Inc. for U. S. West New Vector Group for a prefabricated building and a 100 ft. tower located on the northwest corner at 5141 Lakeland Ave. N., P.I.D. #09-118-21-24-0002, subject to standard procedure. Motion carried. December 11, 1989 - Continued 6. Review of proposed amendment regarding variance procedure. Moved by Commissioner Smith and seconded by Commissioner Magnuson to recommend to the City Council to approve this variance procedure with minor corrections by the City Attorney. Motion carried. 7. Discussion items: A. Housing Maintenance Code. B. Thank Fran Feyereisen for his contribution to the City of Crystal by his over 12 years service on the Plan- ning Commission and serving as Chairman for 5 of those years . Moved by Commissioner Magnuson and seconded by Commissioner Barden to adjourn. Motion carried. The meeting adjourned at 9:12 p.m. Chairperson Feyereisen d I- V S a_ - Barden +r`