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1991 PC Meeting MinutesCRYSTAL PLANNING COMMISSION MINUTES January 14, 1991 The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Anderson, Elsen, Kamp, Leppa, Lundeen, Magnuson, Nystrom and Smith; the following were absent: Christopher and Guertin; also present were Building Inspector Barber and Recording Secretary Scofield. On January 2, 1991, the City Council moved to re -appoint Com- missioners Anderson, Smith and Guertin to the Planning Commis- sion with terms expiring December 31, 1993, and to appoint Steven Leppa to the unexpired term of Commissioner Barden expiring December 31, 1991. Chairperson Magnuson swore in new Planning Commissioner, Steven Leppa. Moved by Commissioner Elsen and seconded by Commissioner Ander- son to approve the minutes of the December 3, 1990, meeting. Motion carried. 1. Chairperson Magnuson declared that nominations were open for officers of the Planning Commission consisting of Chairperson, Vice -Chairperson and Secretary for the year ending December 31, 1991. Commissioner Anderson nominated and Commissioner Nystrom seconded the nomination of Paulette Magnuson as Chairper- son of the Planning Commission for the year ending Decem- ber 31, 1991. Moved by Commissioner Elsen and seconded by Commissioner Nystrom to re-elect Paulette Magnuson as Chairperson of the Planning Commission for the year ending December 31, 1991. Motion carried. Commissioner Elsen nominated and Commissioner Lundeen sec- onded the nomination of Paul Christopher as Vice -Chairper- son of the Planning Commission for the year ending December 31, 1991. Moved by Commissioner Kamp and seconded by Commissioner Leppa to re-elect Paul Christopher as Vice -Chairperson of the Planning Commission for the year ending December 31, 1991. Motion carried. Commissioner Elsen nominated and Commissioner Kamp sec- onded the nomination of David Anderson as Secretary of the Planning Commission for the year ending December 31, 1991. January 14, 1991 - Continued Moved by Commissioner Kamp and seconded by Commissioner Nystrom to elect David Anderson as Secretary of the Plan- ning Commission for the year ending December 31, 1991. Motion carried. 2. Chairperson Magnuson declared this was the time and the place as advertised for a public hearing to consider Application #90-40 as submitted by Kenneth R. Ernst to rezone property from R-3 (Medium Density Residential) Dis- trict to R-4 (High Density Residential) District at 3431 Douglas Drive. The proponent, Mr. Ernst, presented the following: The proposal of a 7 unit building is smaller than the size the site would accommodate. There will be 8 garages with a trash container enclosure attached and 8 parking spaces with a driveway from Douglas Drive. May move the driveway to the north side of lot because of the drainage. There is a 20 ft. hill in the back portion of the site and plan to leave the area as undisturbed as possible. The following were heard: Bill Garber, 3442 Florida Ave. N., was concerned with wild life, etc. in the back portion of the site; Raymond Northfield, 3418 Florida Ave. N., was concerned with the houses to the rear of the site having water in their basements and the increased traffic because of the density; Sharon Garber, 3442 Florida Ave. N., was concerned with the preservation of as many trees as possi- ble on the site and Dr. John Luckow, owns empty lot at 34XX Edgewood Ave. N., questioned whether Edgewood would be cut through. Moved by Commissioner Elsen and seconded by Commissioner Kamp to close the public hearing. Motion carried. Moved by Commissioner Smith and seconded by Commissioner Leppa to recommend to the City Council to approve Applica- tion #90-40, as submitted by Kenneth R. Ernst, to rezone the property from R-3 (Medium Density Residential) Dis- trict to R-4 (High Density Residential) District to allow for the relocation of a 7 -unit building at 3431 Douglas Drive, legally described as Lot 11, Block 1, Gardendale Acres. The findings of fact are: Good use of the property, smaller development than previously proposed allows back of site to stay as a natural area and creates a buffer between the building and the other houses and the devel- oper has agreed to remove as few trees as possible. 501 January 14, 1991 - Continued The following voted aye: Leppa, Elsen, Kamp, Magnuson and Smith. The following voted no: Anderson, Lundeen and Nystrom. Motion carried 5 to 3. 3. Consideration of a building permit to relocate a 7 -unit building to 3431 Douglas Drive as requested by Kenneth R. Ernst. Moved by Commissioner Elsen and seconded by Commissioner Kamp to recommend to the City Council to approve autho- rization to issue a building permit to relocate a 7 -unit building to 3431 Douglas Drive, P.I.D. #20-118-21-11-0009, subject to standard procedure. The following voted aye: Leppa, Elsen, Kamp, Magnuson and Smith. The following voted no: Anderson, Lundeen and Nystrom. Motion carried 5 to 3. 4. Consideration of Application #91-1 of Thomas R. Fursman for St. Raphael's Church for a conditional use permit to allow for an expansion in an R-1 (Single Family Residen- tial) District at 7301 - 56th Ave. N. Moved by Commissioner Kamp 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, February 11, 1991, to consider the request of Thomas R. Fursman for St. Raphael's Church for a conditional use permit to allow for an expansion in an R-1 (Single Family Residential) District (Section 515.19, Subd. 4 c) at 7301 - 56th Ave. N., P.I.D. #05-118-21-34- 0002. Motion carried. 5. A copy of the public forum summaries was enclosed for review, and there will be a discussion with Mr. Fred Hois- ington when he attends the February Planning Commission Meeting. Copy of the Executive Summary regarding the telephone survey will be sent to the Planning Commission- ers. Commissioner Anderson requested informatiDn on the financial resources available to the City. 6. Continuation of consideration of the Housing Maintenance Code as revised by the City Attorney. Chairperson Magnu- son proposed an informational meeting for Wednesday, February 13, 1991, at 7 p.m.on the ordinance change for housing maintenance code of single family residences regarding point-of-sale inspection and what people are required to do before selling their homes. Commission would like Bill Barber, Building Inspector, and possibly another staff person to attend. Would like notification in the Crystal-Robbinsdale Post News as well as the City January 14, 1991 - Continued Council announcing it at their meeting on cable television. Moved by Commissioner Leppa and seconded by Commissioner Anderson that the Planning Commission would hold an infor- mational meeting as stated above. Motion carried. 7. Discussion items: Commissioner Anderson would like to know the citing from the Code which allows staff to call a public hearing for a rezoning, etc. rather than gait for the Planning Commis- sion to call one. Planning Commission will receive acopy of the notice when it is sent to the paper for publica- tion; so they will be aware in case of calls from residents. Moved by Commissioner Elsen and seconded by Commissioner Kamp to adjourn. Motion carried. The meeting adjourned at 8:32 p.m. Chairperson` uson Secretary Anderson sq CRYSTAL PLANNING COMMISSION MINUTES February 11, 1991 The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Anderson, Christopher, Elsen, Guertin, Leppa, Magnuson, Nystrom and Smith; the following were absent: Kamp and Lundeen; also present were Community Develop- ment Director Norris, Building Inspector Barber, City Engineer Monk and Recording Secretary Scofield. Moved by Commissioner Anderson and seconded by Commissioner Nystrom to approve the minutes of the January 14, 1991, meeting. Motion carried. 1. Chairperson Magnuson declared this was the time and the place as advertised for a public hearing to consider Application #91-1 as submitted by Thomas R. Fursman for St. Raphael's Church for a conditional use permit to allow an expansion in an R-1 (Single Fanily Residential) Dis- trict at 7301 - 56th Ave. N. The proponent, Dick Brown- lee, Station 19 architects, presented the following: It will be a two-story addition for a fellowship hall, chapel, classrooms, kitchen and new lobby entrance. The church hopes to occupy by Christmas. The following were heard: No one appeared in opposition. Moved by Commissioner Anderson and seconded by Commis- sioner Christopher to close the public hearing. Motion carried. Moved by Commissioner L8ppa and seconded by Commissioner Christopher to recommend to the City Council to approve - Application #91-1 as submitted by Thomas R. Fursman for St. Raphael's Church for a conditional use permit to allow an expansion in an R-1 (Single Family Residential) Dis- tx•ict, (Section: 515.19, Su,bd. 4 c) at 7301 - 56th Ave. N., P.I.D. #05-118-21-34-0002. The findings of fact are: Very attractive addition, no one opposed it and fulfills the needs of the church. As members of St. Raphael's Church Jane Elsen and Debra Guertin abstained. The following voted aye: Anderson, Christopher, Leppa, Magnuson, Nystrom and Smith. The following abstained: Elsen and Guertin. Motion carried 6-2. 2. Consideration of a building permit for an expansion at St. Raphael's Church, 7301 - 56th Ave. N. as requested by Thomas R. Fursman for St. Raphael's. February 11, 1991 - Continued Moved by Commissioner Leppa and seconded by Commissioner Christopher to recommend to the City Council to approve authorization to issue a building permit for an expansion at St Raphael's Church located at 7301 - 56th Ave. N., P.I.D. #05-118-21-34-0002, subject to standard procedure. The following voted aye: Anderson, Christopher, Leppa, Magnuson, Nystrom and Smith. The following abstained: Elsen and Guertin. Motion carried 6-2. s. Consideration of Variance Application #91-4 to erect a canopy which will encroach in the required 22' front and side street side yard setback at 5359 West Broadway as requested by SuperAmerica. Moved by Commissioner Christopher and seconded by Commis- sioner Guertin to set 7:00 p.m., or as soon thereafter as the matter may be heard, Monday, March 11, 1991, as the date and time for a public hearing at which time the Plan- ning Commission will sit as a Board of Adjustments and Appeals to consider Variance Application #91-4 to grant a variance of 12+ and 14' in the required 22" front yard and side street side yard setback (Section 515.13, Subd. 2 b) and 3 b) 2) to erect a canopy at SuperAmerica, 5359 West Broadway, P.I.D. #08-118-21-11-0008 as requested by SuperAmerica. Motion carried. 4. Consideration of Variance Application #91-5 for a deck which will encroach in the required 30' side street side yard setback at 3601 Colorado Ave. N. as requested by Mary Russell. Moved by Commissioner Guertin and seconded by Commissioner Nystrom to sat 7:00 p.m., or as soon thereafter as the matter may be heard, Monday, March 11, 1991, as the date and time for a public hearing at which tine the Planning Commission will sit as a Board of Adjustments and Appeals to consider Variance Application #91-5 to grant a variance of 17" in the required 30' side street side yard setback (Section 51.5.13, Subd. 3 a,) 3) to build a 5' x 10' deQk at 3601 Colorado Ave. N., P.T.O. 16-118-21-33-0087 as requested by Mary Russell, 3601 Colorado Ave. N. Motion carried. 5. Consideration of Variance Application #91-6 for a two -car garage addition to the existing structure which will encroach in the required 30' front yard setback at 3709 Adair Ave. N. as requested by Terry S. Johnson. Moved by Commissioner Nystrom and seconded by Commissioner Christopher to set 7:00 p.m., or as soon thereafter'as the matter may be heard, Monday, March 11, 1991, as the date and time for a public hearing at which time the Planning (` February 11, 1991 - Continued Commission will sit as a Board of Adjustments and Appeals to consider Variance Application #91-6 to grant a variance of 3' in the required 30' front yard setback (Section 515.13, Subd. 2 a) to build a 20' x 26' two -car garage addition to the existing structure at 3709 Adair Ave. N., P.I.D. #16-118-21-33-0073 as requested by Terry S. John- son, 3709 Adair Ave. N. Motion carried. 6. Fred Hoisington of Hoisington Group Inc. was present to review and discuss the next phases of the draft Comprehen- sive Plan. Community goals and draft policies were dis- cussed and the possibility of services provided jointly with other communities. A public hearing on the draft Comprehensive Plan will probably be in May. Mr. Dorton of Dorton Poquette Associates reviewed the demographics of Crystal. Moved by Commissioner Nystrom and seconded by Commissioner Guertin to hold a special meeting to discuss the Compre- hensive Plan for Wednesday, March 13, 1991, at 7:00 p.m. in the Council Chambers. Motion carried. 7. Planning Commission will hold an informational meeting on Wednesday, February 13, 1991, at 7:00 p.m. in downstairs Community Room of Municipal Building, on the proposed ordinance change of the housing maintenance code for sin- gle family residences regarding point-of-sale inspection and what home owners are required to do before selling their homes. 8. Discussion item: Building Inspector Barber reviewed the policy for staff calling a public hearing. Staff will provide the Planning Commission with copies of notices when sent for publication or to the residents. The Planning Commission requested a written procedure. Moved by Commissioner Elsen and seconded by Commissioner Leppa to adjourn. Motion carried. The meeting adjourned at 10:17 p.m. I- I/./ w ��n rpq '1 Magnuson Secretary Anderson CRYSTAL PLANNING COMMISSION MINUTES March 11, 1991 The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Anderson, Elsen, Guertin, Kamp, Lundeen, Magnuson, Nystrom and Smith; the following were absent: Christopher and Leppa; also present were Community Development Director Norris, Building Inspector Barber and Recording Secretary Scofield. Moved by Commissioner Nystrom and seconded by Commissioner Elsen to approve the minutes of the February 11, 1991, meeting. Motion carried. I. Chairperson Magnuson declared this was the time and the place as advertised for a public hearing at which time the Planning Commission will sit as a .Board of Adjustments and Appeals to consider variance Application #91-4 to erect a canopy which will encroach in the required 221 front and side street side yard setback at 5359 lest Broadway as requested by SuperAmeri,ca. The proponent, Bob McClun of SuperArerica stated they wanted the canopy for customer convenience in bad weather. The following were heard: No one appeared in opposition. Moved by Commissioner Kamp and seconded by Commissioner Nystrom to close the public hearing. Motion carried. Moved by Commissioner Elsen and seconded by Commissioner .Kamp that pursuant to Section 515.55 of the Crystal, City Cade to recommend to the City Council to vary or modify the strict application of Section 515.13, Subd. 2 b) and 3 b) 2) to grant a variance of 12" and 14' in the required 221 front yard and side street side yard setback to erect a canopy at SuperAmerica, 5359 Nest Broadway, P.I.D. #08- 118-21-11-3005 as requested in Application #91-4 of SuperAnerica. The findings of fact are: Would not affect any of the conditional uses now in effect, would not impair visibil- ity of any neighboring business (no one appeared in oppo- sition) and necessity of variance was caused by changing the street and reduction of the lot. Motion carried. 2. Chairperson Magnuson declared this was the time and the place as advertised for a public hearing at which time the Planning Commission will sit as a Board of Adjustments and Appeals to consider Variance Application #91-5 for a deck which will encroach in the required 30' side street side rs March 11, 1991 - Continued yard setback at 3601 Colorado Ave. N. as requested by Mary Russell. The Building Inspector stated the deck would be 13' from the edge of the lot and with the work to be done on 36th Ave. N. it would be close to the street. A deck was built in 1990 without a permit and not within the set- backs and was removed when no one came in to get a permit. There would be no problem with a 3" landing and steps. The proponent, Jerry Kelsch of Bloomington, stated he was a friend of Mary Russell's and was instrumental in build- ing the deck and wanted to beautify the house and did not realize you needed a building permit. Commissioner Lun- deen stated there was no problem for him (lives across the street) and didn't notice it being built. Commissioner Nystrom thought the lot was too small. Commissioner Elsen did not want to set a precedent for variances along 36th Ave. The following were heard: No one appeared in opposition. Moved by Commissioner Elsen and seconded by Commissioner Kamp to close the public hearing. Motion carried. Moved by Commissioner Elsen and seconded by Commissioner Nystrom that pursuant to Section 515.55 of the Crystal City Code to recommend to the City council to deny varying or modifying the strict application of Section 515.1.3, Subd. 3 a) 3) for a variance of 17' in the required 30' side street side yard setback to build a 5' x 10' deck on the existing house at 3601 Colorado Ave. H., P.i.D, #16- 115-21-33-0087 as requested in Application #91-5 of Mary Russell, 3601 Colorado Ave. N. The findings of fact are: Have sympathy for what they are trying to accomplish but guidelines are set out in Code for variances, shows no undue hardship and would hesitate to set a precedent on 36th Ave. N. Lundeen abstained. Motion carried 7 to 1. 3. Chairperson Magnuson declared this was the time and the place as advertised for a public hearing at which time the Planning Commission will sit as a Board of Adjustments and Appeals to consider Variance Application #91-6 for a two - car garage addition to the existing structure which will encroach in the required 30" front yard setback at 3709 Adair Ave. N. as requested by Terry S. achnson. The pro- ponent presented the following: Has a hobby car that he wants to keep in the original garage and needs the two -car garage for the two vehicles he uses plus housing two snow- mobiles and a trailer. Had talked with his neighbors. Stuart and Patricia Gray of 3701 Adair Ave. N. said they had no problem. He was surprised that Gary and Linda 454 March 11, 1991 - Continued Wieber of 3711 Adair Ave. N. wrote a letter that they objected because it hid their view as part of the Wieber's house blocked their view of Johnson's house. The following were heard: No one appeared in opposition, but Gary and Linda Wieber's letter was presented. Moved by Commissioner Smith and seconded by Commissioner Anderson to close the public hearing. Motion carried. Moved by Commissioner Anderson and seconded by Commis- sioner Eamp that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to deny varying or modifying the strict application of Section 515.13, Subd. 2 a) to grant a variance of 3' in the required 30' front yard setback to build a 20' x 26' two -car garage addition to the existing structure at 3709 Adair Ave. N., P.I.D. 416-118-21-33-0073 as requested in Application #91- 6 of Terry S. Johnson, 3709 Adair Ave. N. The findings of fact are: No established, neighbors to the and a fully functional two -car out a variance. Nystrom abstained. undue hardship has been north (3711 Adair) objected garage could be built with - Motion carried 7 to 1. 4. Consideration of the Housing Maintenance Code. Inspector Barber stated 80 of the 400 psople interviewed have a favorable attitude toward point-of-sale inspection. Believes inspection should be self-supporting, possibly sharing an inspector with another City. If an objection there will be a. Hoard of Appeals before going to the. Coun- cil. Inspector has to be reasonable regarding compliance with complaints. New Hope's inspector reports to supervi- sor (fire chief}and then to City Council. Crystal's inspector would report to the Building Inspector and then to City Council. Robbinsdale's inspector is more of a zoning inspector than a building inspector, but Crystal wants an inspector with building background. The following were suggested changes to the City Attor- ney's draft of 11/29/90 of "An Ordinance Relating to Housing: Licensing Rental Housing Units: Requiring Dis- closure at Time of Sale: Amending Crystal Code, Section 42511: 425.05...1988 Edition; 425.13. Sale of Prop- erty: ... The owner of all residential dwellings must...; 425.13. Subd. 7. Prohibition. It is unlawful for an owner to convey any residential dwellings without providing...f 425.15. Subd. 2. Compliance...the Rousing Official must issue a compliance order and If upon the expiration of the M-1 March 11, 1991 - Continued time for compliance set forth in the notice the required correction action has not been taken, the Housing Official must enforce the order as in the case of violations of the Building Code or the Housing Maintenance Code; 425.17 Licensing of Rental Units ... the license is issued every .ygar; 425.17 Subd.. 5 Licensing Phase-in Policy as soon as possible. Commencing on...; 425.17 Subd. 6 (a)...if a corporation, information on insurance of rental property; 425.17 Subd. 10 , pursuant to subsection 425.29; 425.17 Subd. 13...The owner of Any licensed rental ±dwellincl must keep a current register... 425.17 Subd. 15...The Housing Official may inspect on complaint, must inspect on change in ownership; 425.1.9 Subd. 3 ... upon recommendation of the City Manager or his or her esi nated re resentatiye adopt by resolution; 425.21...The Housing official must incoop- erating with the City design appropriate systems of accu- mulating or organizing and cataloging data relating to the condition, adequacy, and availability of residential hous- ing in the City. The Official's report must also con- tain... ; on-tain...; 425.25 Subd. 6 ... determines that any residential dtrellin�s...the Dousing Official must issue; 425.27 Jtj one Stf person _froom Communit Development Dertment; 425.29 Subd. 1...It is a misdemeanor to erect, Moved by Commissioner Anderson and seconded by Commis- sioner Elsen to recommend to the City Council to adopt with recommendations of the Planning Commission incorpo- rated the Housing Maintenance Code. The following voted aye: Anderson, Elsen, Guertin, Kamp, Lundeen, Magnuson and Smith. The following voted no: Nystrom. Motion carried 7 to 1. 5. Consideration of the policy for staff calling a public hearing. Planning Commission can continue public hearing if it grants more information. Staff will provide a copy of the Notice of Public Hearing to the Commissioners when it is seat for publication or to the surrounding residents and a memo from the Building Inspector regarding the proposal. 6. Discussion items: A. Discussion of Council Moratorium on sign variances. Planning Commission has been asked to review the sign ordinance at its April meeting. The Commission needs background information because it has not dealt with it. B. Special meeting to discuss the Comprehensive Plan with Fred Hoisington of Hoisington Group Inc. on Wednesday, March 13, 1991, at 7:00 p.m. in the Council Chambers. March 11, 1991 - Continued C. Community Development Director Norris questioned whether it would be helpful for Staff to give recom- mendations on Findings of Fact --only if done in such a manner that Commission is not influenced before the public hearing. 7. Late request by applicant to set a public hearing for a variance to expand a non -conforming structure and a vari- ance to allow a curb cut closer than 50' from the corner of the property at 5231 Douglas Drive North. Moved by Commissioner Elsen and seconded by Commissioner Kamp 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, April 8, 1991, as the date .and time for a public hearing at which time the Planning Commission will sit as a Heard of Adjustments and Appeals to consider variance applications to expand a non -conforming structure and to allow a curb cut closer than 50' from the corner of the property to convert a house to an office at 5231 Dou- glas Drive North, P.I.D. 008-118-.21-11-0003, as requested by Nate Sherry. Motion carried. Moved by Commissioner Kamp and seconded by Commissioner Nystrom to adjourn. Motion carried. The meeting adjourned at 9:45 p.m. Secretary Anderson CRYSTAL PLANNING COMMISSION Comprehensive Plan March 13, 1991 The special meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Anderson, Elsen, Kamp, Lundeen, Magnuson, Nystrom; the following were absent: Christopher, Guertin, Leppa and Smith; also present were Commu- nity Development Director Norris, City Engineer Monk, Coun- cilmember Grimes and Recording Secretary Scofield. GENERAL LAND USE General Objectives: Fred Hoisington of Hois- ington Group Inc. stated Crystal's population probably will not increase and is a little fewer• than 25,000. He suggested either upgrade the airport by bringing it up to a standard or the airport look for a site west. Decide what is in the best interest of the City to redevelop 400 acres or have an airport. Airport needs safety zones. Commission would like the airport to move out. MAC would never build an airport like this today. Crystal would have to create a different relationship with MAC. Commission would like to know the volume of flights and who in Crystal use it. General Policies: Group homes are licensed by the State and currently inspections are handled by the State. City can establish guidelines for siting of group homes through condi- tional use permit process. Today small day care facilities can go into residential areas. Regarding cooperation with neigh- boring Cities a Commissioner stated the Creamette Company (New Hope) expanded but Crystal was not notified. NEIGHBORHOODS/HOUSING: Commissioner Anderson thought Crystal should encourage owner -occupied single family housing. Commis- sioner Magnuson questioned why support multi -family housing in transitional areas, and City Engineer Monk suggested it meant in redevelopment to have multi -family housing as a buffer between commercial and one family residential. BUSINESS AREAS: Commissioners felt Crystal should reduce fast food locations and not start new retail centers. Work toward eliminating billboards. INDUSTRIAL/OFFICE AREAS: Should look for an ordinance change to require new industrial developments have all storage com- pletely enclosed. Don't have a lot of industries and not in the middle of City. Height of office buildings is not a problem. ECONOMIC DEVELOPMENT: Commissioner Magnuson thought Crystal should evaluate rather than encourage the relocation of the Crystal Airport. Airport represents 400 acres without taxes March 13, 1991 - Continued going to City. Should not allow airport to extend runways and encourage City to take a stand on the airport. Recognize the importance of existing businesses while continuing to partici- pate with Twin West Chamber and similar business organizations. PARKS, OPEN SPACE AND BIKEWAYS: Encourage/consider a three -par golf course. Would probably have to take out a half dozen houses which would add to the cost of development. Take out word continue to cooperate with the Robbinsdale School Dis- trict. Do not believe economically feasible to establish a bikeway system. ENVIRONMENTAL PROTECTION: Combine policy statements regarding minimizing loss of significant trees or requirement replacement on public or developed property. TRANSPORTATION: Could consider airport a non -conforming use and could not expand. Aviation Policies: Delete Policy 2., 3. Take out wording Until the Airport is relocated and 5. Take out wording Until relocated. The meeting adjourned at 9:45 p.m. Chairper on on Secretary Anderson 43 CRYSTAL PLANNING COMMISSION MINUTES April 8, 1991 The regular meeting of the Crystal Planning Commission con- vened at 7:00 p.m. with the following present: Anderson, Elsen, Kamp, Magnuson, and Nystrom; the following were absent: Christopher, Guertin, Leppa, Lundeen and Smith; also present were Community Development Director Norris, Building Inspector Barber and Recording Secretary Scofield. Chairperson Magnuson declared there was not a quorum present, and therefore the meeting would be continued to Monday, April 15, 1991 at 7 :00 p.m. Staff will send out notices for the public hearing on May 13, 1991, regarding Variance Application #91-11 to grant a vari- ance of 8' of the required 20' side street side yard setback (Section 515.13, Subd. 3 a) 2) ii) at 4403 Zane Ave. N. for construction of a 10' x 20' 3 -season porch as requested by Charles G. Simons of Contempra Remodeling for Judy Rice. r Chairppr Magnuson Aa.."j A,- O_J_L"'�_ - Secretary Anderson CRYSTAL PLANNING COMMISSION MINUTES April 15, 1991 The meeting of the Crystal Planning Commission convened at 7:05 p.m. with the following present: Anderson, Elsen, Guertin, Kamp, Nystrom, and Smith. The following were absent: Christo- pher, Leppa, Lundeen, Magnuson. Also present was Community Development Director Norris. Moved by Commissioner Elsen and seconded by Commissioner Nys- trom to approve the minutes of the March 11, 1991, meeting as presented. Motion Carried. 1. Chairperson Anderson declared that this was the time and the place as advertised for a public hearing at which time the Planning Commission will sit as a Board of Adjustments and Appeals to consider Variance Application #91-7 and #91-8 to expand a nonconforming building and to vary the required setback from the intersection for a curb cut to allow the construction of an addition to the existing building at 5231 Douglas Drive North as requested by Nate Sherry. Community Development Director Norris described Mr. Sherry's proposal. Mr. Sherry explaized he purchased the property from a trust fund and by that point the City had started condemnation proceedings and the City would not allow Mr. Sperry to rehabilitate the property for residen- tial use. Mr. sherry has worked with City staff to develop plans for commercial use of the property. He hopes to be done with the project by the end of this year. Commissioner Anderson noted the property to the north is for sale and asked whether Mr. Sherry had tried to acquire that property. Mr. Sherry said no he has not as working on this project has taken more time than he had anticipated. No one appeared in opposition to Mr. Sherry's request. Moved by Commissioner Elsen and seconded by Commissioner Kamp to close the public hearing. Motion Carried. Shoved by Commissioner Essen and seconded by Commissioner Smith that pursuant to Section 5115.55 of the Crystal City Cade: to recommend to the City Council to vary or modify the strict application of Section 515.05, Subd. 2, to expand a nonconforming building, said non -conformity being the existing building encroaches 15.6' in the required 22' side street side yard setback, and to grant a variance of April 15, 1991 - Continued approximately 23' in the required 50' setback from the intersection for a curb cut (Section 515.09, Subd. 4 h) 4), to permit a 12' x 24' addition to the existing build- ing at 5231 Douglas Drive North, P.I.D. #08-118-21-11-0003 as requested in Applications #91-7 and #91-8 of Nate Sherry, 5905 42nd Avenue North, Robbinsdale. The findings of fact are that the property is in desperate shape as is and any improvement to the site is a benefit to the City. Motion Carried. 2. Consideration of a building permit for an addition to the existing building at 5231 Douglas Drive North as requested by Nate Sherry. Moved by Commission Guertin and seconded by Commissioner Nystrom to recommend to the City Council to approve autho- rization to issue a building permit for a 12'x 24' addi- tion to the existing building located at 5231 Douglas Drive North, P.I.D. #08118-21-11-0003, subject to stan- dard procedure. Motion Carried. 3. Consideration of a building permit for a walk-in cooler addition to the existing building at 4800 - 56th Ave. N. as requested by Crown CoCo., Inc. Ms. Norris described Mr. Miller's proposal to add a 16' x 34' addition to the gas station/convenience store at 4800 - 56th Ave. N. Moved by Commissioner Kamp and seconded by Commissioner Guertin to recommend to the City Council to approve autho- rization to issue a building permit for a 16' x 34' walk- in cooler addition to the existing building located at 4800 - 56th Ave. N., P.I.D. #04-118-21-44-0057, subject to standard procedure and the conditions that the existing shed be removed and screening be upgraded. Motion Carried. 4. Consideration of Application #91-9 of Lars P. Lodoen for rezoning property from R-1 (Single Family Residential) District to R-2 (Single and Two Family Residential) Dis- trict and Variance Application #91-10 for construction of a duplex on a lot which does not have the required 12,500 sq. ft. lot area at 6809 - 36th Ave. N. The Application has been withdrawn by the applicant. 5. Consideration of Tim Mannie's proposal for a fast food restaurant at 3640 Winnetka Ave. N. April 15, 1991 - Continued Mr. Mannie was present to review his proposal with the Commission. He intends to come forward with more specific information and an application for a conditional use per- mit at a later date. The Planning Commission saw no prob- lems with Mr. Mannie's proposed use. The site is difficult given topography, soils and wetlands on the site. Mr. Mannie agreed that the soil conditions create difficulty and additional expense for development on the site. Fred Hoisington of Hoisington Group, Inc., discussed the Comprehensive Plan. Mr. Hoisington updated the Commission that draft policies for the Comprehensive Plan have been reviewed by the various commissions, and he has incorpo- rated some of those changes; however, Mr. Hoisington is concerned with the EDA's recommendation regarding the air- port and feels strongly that the policy regarding the air- port in the Economic Development section remain as originally proposed. Mr. Hoisington introduced Jim Lasher and Harold Skjelbostad of LSA Design Inc., who are com- pleting the image portion of the Comprehensive Plan. Mr. Lasher outlined for the Commission historical perspec- tives of community image, principles of community image, elements of community image, images of Crystal and briefly discussed appearance zoning. Mr. Lasher noted that with regards to images in Crystal, it appears that the City has not done all it oould to protect visibility of landmarks and views from different points throughout the City. Mr. Lasher also noted that in commercial districts the City Code requires a portion of the site to be landscaped; how- ever, this does not appear to be met at many of the larger commercial areas in Crystal. Mr. Lasher suggested the need to make Crystal's major commercial areas more pedes- trian friendly and more visually pleasing. Also perhaps the scale for light standards needs to be revised for the commercial vs. residential districts. Mr. Lasher also noted that the current Sign Ordinance appears to allow limited signage, however, that does not seem to be adhered to by most businesses in the community. Mr. Lasher also noted the potential for image builders and landmarks at community boundaries throughout Crystal. Mr. Lasher said that he will bring recommendations regarding image prob- lems/issues to the next Planning Commission meeting for the Commission's review and discussion. The Commission discussed briefly design review criteria as well as the possibility of cleaning up some of the commercial areas in Crystal. 7. Consideration of an ordinance change for rear yard set- backs and side street side yard setbacks on corner lots. Ms. Norris explained Mr. Barber's request that the exist- ing rear and side yard setback requirements are cumbersome April 15, 1991 - Continued to enforce. Ms. Norris also emphasized that if the Com- mission decides to proceed with making these changes, staff will need to be more vigilant in enforcing the stan- dards and reducing the number of variances requested and variances granted by the Planning Commission. Chairperson Anderson suggested that the Commission wait to take action on this matter until more members of the Commission are present. Mr. Anderson also requested that staff complete a survey of other communities' requirements for rear yard and side street side yard setbacks, particularly those communities adjacent to Crystal. Motion made by Commissioner Nystrom and seconded by Com- missioner Smith to continue to the May Planning Commission meeting pending additional information on setback require- ments from adjacent communities. Motion Carried. S. Consideration of the Sign Ordinance Community Development Director Norris suggested that in light of Mr. Lasher's discussion and anticipated recommen- dations, the Planning Commission wait to take action on this until the image component of the Comprehensive Plan is complete. Motion was made by Commissioner Smith and seconded by Com- missioner Nystrom to continue this matter until after the recommendations regarding image have been completed and received from the consultant. Motion Carried. 9. Discussion Items: Chairperson Anderson noted two resignations from the Com- mission, those of Commissioners Leppa and Christopher. Mr, Anderson suggested the Planning Ccmmission recommend to the City Council that the Planning Commission be reduced from 10 to either 8 or 9. Ms. Dlsen suggested that 9 would avoid a tie vote and you could have two mem- hers from each ward and one at -large member. The quorum would be lowered to 5 persons. Motion was made by Commis- sioner Elsen and seconded by Commissioner Kamp to recom- mend that the. City Council consider reducing the Planning Commission from 10 to 9 members and that the composition be 2 members be appointed from each ward and one mem- ber appointed at large in order to avoid tie votes and reduce the quorum necessary for a meeting. Motion Carried. I0. Consideration of Application #91-11 for construction of a 3 -season porch which will encroach in the required 20' side street side yard setback at 4403 Zane Ave.N. as April 15, 1991 - Continued requested by Charles G. Simons sof Contempra Remodeling for Judy Rice. Moved by Commissioner Kamp and seconded by Commissioner Guertin to set 7:00 p.m., or as soon thereafter as the matter may be heard, Monday, May 13, 1991, as the date and time for a public hearing at which time the Planning Com- mission will sit as a Board of Adjustments and Appeals to consider Variance Application #91-11 to grant a variance of 8' in the required 20' side street side yard setback (Section 515.13, Subd. 3 a) 2) ii) to build a 10' x 20' 3 - season porch on the existing house at 4403 Zane Ave. N., P.I.D. #16-118-21-22-0058. Motion Carried. 11. Consideration of Application #91-12 for an addition to the attached garage which will encroach in the required 5' side yard setback at 4813 Yates Ave. N., as requested by Sandra J. Green. Moved by Commissioner Kamp and seconded by Commissioner Guertin to set 7:00 p.m., or as soon thereafter as the matter may be heard, Monday, May 13, 1991, as the date and time for a public hearing at which time the Planning Com- mission will sit as a Board of Adjustments and Appeals to consider Variance Application #91-12 to grant a variance of 114" in the required 5' side yard setback (Section 515.13, Subd. 3 a) 1) to build a 12' x 221 addition to the attached garage on the existing house at 4813 Yates Ave. N., P.I.D. #09-118-21-31-0060. Motion Carried. Moved by Commissioner Kamp and seconded by Commissioner Guertin to adjourn. Motion Carried. The meeting adjourned at 8:30 p.m. r Act,ng Chairperson Anderson n i ecretary Anderson 67 70 CRYSTAL PLANNING COMMISSION MINUTES May 20, 1991 The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Anderson, Guertin, Kamp, Lun- deen, Magnuson, Nystrom and Smith; the following was absent: Elsen; also present were Community Development Director Norris, Building Inspector Barber and Recording Secretary Scofield. Moved by Commissioner Nystrom and seconded by Commissioner Anderson to approve the minutes of the April 8 and April 15, 1991, meetings. Motion carried. I. Chairperson Magnuson declared that nominations were open for Vice -Chairperson of the Planning Commission for the year ending December 31, 1991. Commissioner Nystrom nominated and Commissioner Guertin seconded the nomination of Jane Elsen as Vice -Chairperson of the Planning Commission for the year ending December 31, 1991. Moved by Commissioner Kamp and seconded by Commissioner Anderson to elect Jane Elsen as Vice -Chairperson of the Planning Commission for the year ending December 31, 1991. Motion carried. . Chairperson Magnuson declared this was the time and the Place as advertised for a public hearing at which time the Planning Commission will sit as a Board of Adjustments and Appeals to consider VarianQe Application #91-11 for a porch which will encroach in the required 201 side street side yard setback at 4403 Zane Ave. N., as requested by Contempra Remodeling for Judy Rice. The proponents pre- sented the Following: Judy Rice stated they want to build an open porch cuff the living room on the side not off the bedrooms and bathroom to the gear as it would be mare functional and aesthetic. Charles Simons of Contempr,a Remodeling stated they plan to extend the hip roof and turn it into a gable roof. The following were heard: No one appeared in opposition. Moved by Commissioner Anderson and seconded by Commis- sioner Nystrom to close the public hearing. Motion carried. Moved by Commissioner Anderson and seconded by Commis- sioner Lundeen that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to deny May 20, 1991 - Continued a variance of 8' in the required 20' side street side yard setback to build a 10' x 20' porch on the existing house at 4403 Zane Ave. N., P.I.D. #16-118-21-22-0058, as requested in Application #91-11 of Contempra Remodeling for Judy Rice. The findings of fact are: Applicant has not shown undue hardship as defined by State Law and our own ordinance. The following voted aye: Anderson, Guertin, Kamp, Lun- deen, Magnuson and Nystrom. The following voted no: Smith. Motion carried 6 to 1. 3. At the April 15, 1991, Planning Commission Meeting a pub- lic hearing was set for May 13, 1991, to consider Variance Application #91-12 for an addition to the existing at- tached garage which will encroach 1' 4" in the required 5' side yard setback at 4813 Yates Ave. N., as requested by Sandra J. Green. Applicant Sandra J. Green requested the public hearing be continued to June 10, 1991. Moved by Commissioner Anderson and seconded by Commis- sioner Nystrom that pursuant to Section 515.55 of the Crystal City Code to continue until June 10, 1991, the discussion of Variance Application #91-12 to grant a vari- ance of 1' 4" in the required 5' side yard setback for an addition to the existing attached garage at 4813 Yates Ave. N., P.I.D. #09-118-21-31-0060, as requested by Sandra J. Green. Motion carried. 4. Chairperson Magnuson declared this was the time and the place as advertised for a public hearing to consider Vari- ance Application #91-13 to erect a ham radio antenna tower which will encroach in the required 30' front yard setback at 4201 Kentucky Ave. N. as requested by Ron and Mary Man - nix. The proponents Ron and Mary Mannix presented the following: Four large evergreen trees will screen the tower. The ham radio was used as a community service to send messages to military families in Saudi Arabia. The following were heard: No one appeared in opposition. Moved by Commissioner Kamp and seconded by Commissioner Anderson to close the public hearing. Motion carried. Moved by Commissioner Smith and seconded by Commissioner Guertin that pursuant to Section 515.55 of the Crystal Eflay 20, 1991 - Continued City Code to recommend to the City Council to vary or mod- ify the strict application of Section 515.13, Subd. 2 a) to grant a variance of 9' in the required 301 front yard setback to erect a 251 ham radio antenna tower at 4201 Kentucky Ave. N., P.I.D. #17-118-21-12-0092, as requested in Application # 91-13 of Ron and Mary Mannix. The findings of fact are: Tower is well screened from neighbors, free standing and is a temporary structure. The following voted aye: Guertin, Lundeen, Magnuson and Smith. The following voted no: Anderson, Kamp and Nystrom. Vote 4 to 3. 5.. Consideration of Variance Application #91-14 for a privacy fence in the front yard which exceeds the 4' high limit at 5420 Fairview Ave. N. as requested by Michael and Sandra Partlow. Moved by Commissioner Kamp and seconded by Commissioner Guertin to set 8;00 p.m., or as scan thereafter as the matter may be heard, Monday, ,Tune 10, 1991, as the date and time for a public hearing at which time the Planning Commission will sit as a Board cf Adjustments and Appeals to consider Variance Application 491-14 to grant a vari- ance of 21 in the allowed 41 high fence in the front yard (Section 515.07, Surd. 8 b) to erect a 6' privacy fence at 5420 Fairview Ave. N., P.I.D. #09-118-21-13-0003 as requested by Michael and Sandra Partlow. Motion carried. 6. Consideration of Variance Application #91-15 for an addi- tion to the existing attached garage which will encroach in the required 30' side street side yard setback at 4740 Regent Ave. N. as requested by Minnesota Construction Cor- poration for Kiki Tirokomos. Moved by Commissioner Guertin and seconded by Commissioner Kamp to set 8:00 p.m., or as soon thereafter as the matter may be heard, Monday, June 10, 1991, as the date and time for a public hearing at which time the Planning Commission will sit as a Beard of Adjustments and appeals to consider Variance Application #91-15 to grant a variance of 12' in the required 30' side street side yard setback (Section 515.13, Subd. 3 a) 2 ii) to build a 12' x 24' addition on the existing 11" x 24' attached garage at 4740 Regent Ave. N., P.I.D. #09-118-21-41-0044 as requested by Minnesota Construction Corporation for Kiki Tixokomos. Motion carried. 7. Consideration of Application #91-16 of Wendy's Interna- tional for a conditional use permit (and if necessary a W., May 20, 1991 - Continued parking variance) to allow a convenience food establish- ment in a B-4 District at 5440 West Broadway (formerly First Minnesota Savings). Moved by Commissioner Smith and seconded by Commissioner Guertin to set a public hearing before the Planning Com- mission at 8:00 p.m., or as soon thereafter as the matter may be heard, Monday, June 10, 1991, to consider the request of Wendy's International in Application #91-16 for a conditional use permit (and if necessary a parking vari- ance) to allow a convenience food establishment in a B-4 (Community Commercial) District at 5440 West Broadway, P.I.D. #05-118-21-44-0006. Motion carried. 8. As the City Council is to receive a report and recommenda- tions from Jim Lasher, LSA Design Inc., on the image com- ponent of the Comprehensive Plan, the Planning Commission requested a joint work session with the City Council on Monday, June 10, 1991, at 6:30 p.m. with the public hear- ings to be held at 8:00 p.m. 9. Consideration of proposed ordinance revision regarding a change for rear yard and side street side yard setbacks on corner lots. Moved by Commissioner Anderson and seconded by Commis- sioner Kamp to set a public hearing before the Planning Commission at 8:00 p.m., or as soon thereafter as the mat- ter may be heard, Monday, June 10, 1991 to consider a pro- posed ordinance revision regarding a change for rear yard and side street side yard setbacks on corner lots. Motion carried. 10. Consideration of memo from City Attorney regarding grant- ing variances in a very occasional situation rather than a routine occurrence. 11. Discussion items: a. Comments on Comprehensive Plan Policies --Planning Com- mission feels must state opposition to airport expan- sion at this time for possible future use of airport property. b. Discussion of May 29 presentation, "Constitutional Issues in Land Use and Zoning: Due Process, Equal Protection, and the Taking Issue" --Commissioners may either call the City or make their own reservations if able to attend. Q. There will be a Light Rail Transit meeting 7:30 to 9:30 a.m., May 28, 1991, at Golden Valley City Hall. May 20, 1991 - Continued d. Discussion of "Share a Home" concept whereby non -rela- tives may share a home with an elderly person and have separate living and cooking facilities in an R-1 (Single Family) District. 12. Consideration of the preliminary plat of Twin Lake Shores 2nd Addition which is a re -plat of Lots 8 and 9, Block 2, Twin Lake Shores, property is located at 5105 and 5109 - 50th Ave. N. as submitted by the City of Crystal. Moved by Commissioner Kamp and seconded by Commissioner Guertin to set a public hearing before the Planning Com- mission at 8:00 p.m., or as soon thereafter as the matter may be heard, Monday, June 10, 1991, to consider approval of the preliminary plat of Twin Lake Shores 2nd Addition which is a re -plat of Lots 8 and 9, Block 2, Twin Lake Shores, property is located at 5105 and 5109 -50th Ave. N. as submitted by the City of Crystal. Motion carried. Moved by Commissioner Kamp and seconded by Commissioner Lundeen to adjourn. Motion carried. The meeting adjourned at 8:58 p.m. Secretary Anderson M CRYSTAL PLANNING COMMISSION MINUTES June 10, 1991 The meeting of the Crystal Planning Commission convened at 8:00 p.m. with the following present: Anderson, Elsen, Guertin, Kamp, Lundeen, Magnuson, Nystrom and Smith; also present were Community Development Director Norris, Building Inspector Bar- ber and Recording Secretary Scofield. Moved by Commissioner Anderson and seconded by Commissioner Nystrom to approve the minutes of the May 20, 1991, meeting, with the following exception; Item 4 regarding Variance Appli- cation #91-13 for a 25' radio antenna tower at 4201 Kentucky Ave. N. should enumerate the vote, and according to City Code variances would require 5 for the motion to carry. "The fol- lowing voted aye: Guertin, Lundeen, Magnuson and Smith. The following voted no: Anderson, Kamp and Nystrom. Vote 4 to 3." Motion carried. 1. At the April 15, 1991, Planning Commission Meeting a pub- lic hearing was set for May 13, 1991, and continued to June 10, 1991, as requested by the applicant, Sandra J. Green, to consider Variance Application #91-12 for an addition to the existing attached garage which will encroach 1' 4" in the required 5' side yard setback at 4813 Yates Ave. N. The application has been withdrawn by the applicant. 2. Chairperson Magnuson declared this was the time and the place as advertised for a public hearing at which time the Planning Commission will sit as a Board of Adjustments and Appeals to consider Variance Application 49114 for a pri- vacy fence which will exceed the 4" high limit at 5420 Fairview Ave. N., as requested by Michael and Sandra Part - low. Building Inspector Barber stated only one driveway is allowed, and presently a two -wheel trailer is parked in the area they want to enclose which is ;not permitted. The applicants have not presented any facts regarding a hard- ship, The Partlows were not present. No one appeared in opposition. Moved by Commissioner Elsen and seconded by Commissioner Nystrom to close the public hearing. Motion carried. Moved by Commissioner Elsen and seconded by Commissioner Kamp that pursuant to Section 515.55 of the Crystal City Code to continue until the July 8 meeting the discussion to grant a variance of 2' in the allowed 4' high fence in the front yard to erect a 6' privacy fence at 5420 Fair- June 10, 1991 - Continued view Ave. N., P.I.D. # 09-118-21-13-0003, as requested in Application #91-14 of Michael and Sandra Partlow. The findings of fact are: Applicants were not present to present their facts. Motion carried. 3. Chairperson Magnuson declared this was the time and the place as advertised for a public hearing to consider Vari- ance Application #91-15 for an addition to the existing attached garage which will encroach in the required 30' side street side yard setback at 4740 Regent Ave. N. as requested by Minnesota Construction Corporation for Kiki Tirokomos. Proponent Pete Benincasa of Minnesota Con- struction Corporation stated the Tirokomoses do not have a double garage, and they have three cars. Visually the fence hides the garage. No one appeared in opposition. Moved by Commissioner Anderson and seconded by Commis- sioner Nystrom to close the public hearing. Motion carried. Moved by Commissioner Anderson and seconded by Commis- sioner Nystrom that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to deny varying or modifying the strict application Section 515.1.3, Subd. 3 a) 2 ii) for a variance of 21' in the required 30' side street side yard setback to build a 121x 24' addition on the existing 11' x 24' attached garage at 4740 Regent Ave. N., P.I.D. #09-118-21-41-0044, as requested in Application #91-15 of Minnesota Construction Corporation for Kiki Tirokomos. The findings of fact are: Zoning Code has a policy against expanding non -conforming structures, and applicant has not demonstrated undue hardship. The following voted aye: Anderson, Elsen, Guertin, Kamp, Lundeen, Nystrom and Smith. The following voted no: Mag- nuson. Motion carried 7 to 1. 4. Chairperson Magnuson, declared this was the time and the place as advertised for a public hearing to consider con- ditional Use Permit #91-16 to allow a convenience food establishment in a B-4 District at .5440 Weat Broadway (formerly First Minnesota. Savings) as submitted, key Wendy's International.. Building Inspector Barber stated the num- ber of parking stalls, curbing and lighting for parking is fine, and the City Engineer has recommended no street parking along 55th Ave. N. About 4,0+00 sq. ft will be 77 June 10, 1991 - Continued used for the restaurant and about 2,000 sq. ft. for Offices. If the cash machine stays, there should not be a problem with the number of parking stalls. Proponents Jeff Balsam, Regional Director of Construction for Wendy's International, and Dale Wenkus, Architect, stated there would be 76 parking stalls with 12 additional spaces if necessary and if the cash machine is removed. They antic- ipate 21 employees with 31 spaces provided. Under the current use they feel the building lacks visibility and are proposing removing some trees and using evergreen plantings and shrubs and proposing a 30' pylon sign. The office area will act as a noise buffer from the residen- tial. The Planning Commission suggested the use of berms instead of the proposed fence, and the Wendy's representa- tives agreed. (Building Inspector Barber says he is work- ing with the City Engineer and Wendy's representatives on this as there may be a problem.) Bob Baldwin of Baldwin Realty feels that Wendy's International will preserve the building and site much the same as an attractive McDon- ald's in St. Paul (in a former bank building) has done. No one appeared in opposition. Moved by Commissioner Elsen and seconded by Commissioner Kamp to close the public hearing. Motion carried. Moved by Commissioner Kamp and seconded by Commissioner Guertin to recommend to the City Council to approve Con- ditional Use Permit #91-16 to allow a convenience food establishment in a B-4 (Community Commercial) District (Section 515.37, Subd. 4 i) at 5440 West Broadway, P.I.D. #05-118-21-44-0006, as submitted by Wendy's International. The findings of fact are: All conditions for the condi- tional use have been addressed, natural berms will replace a 6' fence, move out the trash enclosure to extend the berm on the northeast side which borders the apartment complex reducing the parking to 74 spaces and an agreement will be signed between the City of Crystal and Wendy's that if additional parking spaces are necessary, the City can request that the 12 additional spaces be added. Motion carried. 5. Consideration of a building permit for remodeling at 5440 West Broadway (formerly First Minnesota Savings). Moved by Commissioner Smith and seconded by Commissioner Lundeen to recommend to the City Council to approve autho- rization to issue a building permit for remodeling the 6,226 sq. ft. structure located at 5440 West Broadway, P.I.D. #05-118-21-44-0006, subject to standard procedure. Motion carried. June 10, 1991 - Continued 6. Chairperson Magnuson declared this was the time and the place as advertised for a public hearing to consider approval of the preliminary plat of Twin Lake Shores 2nd Addition located at 5105 and 5109 - 50th Ave. N. as sub- mitted by the City of Crystal. Julie Jones, Redevelop- ment/Recycling Coordinator, stated the EDA requested these two lots be replatted into one as the lots are under the 7,500 sq. ft. lot size requirement. The EDA is also responding to the Metropolitan Council's suggestion to create larger lots in inner -ring suburbs to allow for larger homes. The existing garage will be removed. Building Inspector Barber suggested that this is not an $80,000 house value neighborhood, most of the lots are all approximately the same size, if kept as two lots the City would derive more tax dollars and the houses could be built without variances. Moved by Commissioner Anderson and seconded by Commis- sioner Kamp to close the public hearing. Motion carried. Moved by Commissioner Elsen and seconded by Commissioner Guertin to recommend to the City Council to deny the pre- liminary plat of Twin Lake Shores 2nd Addition which is a re -plat of Lots 8 and 9, Block 2, Twin Lake Shores, prop- erty is located at 5105 and 5109 - 50th Ave. N. as submit- ted by the City of Crystal. The findings of fact are: Although no quarrel with the concept of combining lots, in this particular area the location is better served by two lots and conforms to the neighborhood; additionally contractors could buy these lots and put on the tax roll and no variances would be required for building two houses. The following voted aye: Anderson, Elsen, Guertin, Lun- deen, Nystrom and Smith. The following voted no: Kamp and Magnuson. Motion carried 6 to 2 7. Consideration of a building permit for an airplane hangar at Lot 56D, Crystal Airport, as requested by Langers Farm & Home Builders for Dick Moga. Moved by Commissioner Smith and seconded by Commissioner Nystrom to recommend to the City Council to approve autho- rization to issue a building permit for a 40' x 100' air- plane hangar located at Lot 56D, Crystal Airport, subject to standard procedure. Motion carried. S. At the May 20, 1991, Planning Commission Meeting a public hearing was set for June 10, 1991, to consider a proposed June 10, 1991 - Continued ordinance revision regarding a change for rear yard and side street side yard setbacks on corner lots. Staff requested the public hearing be continued to July s, 1991. Moved by Commissioner Anderson and seconded by Commis- sioner Elsen to continue the public hearing before the Planning Commission at 7:00 p.m., or as soon thereafter as the matter may be heard, to Monday, July 8, 1991, to con- sider a proposed ordinance revision regarding a change for rear yard and side street side yard setbacks on corner lots. Motion carried. 9. Consideration of Variance Application #91-17 for a deck which will encroach in the required 40' rear yard setback at 4500 Adair Ave. N. as requested by William and Paula Pulles. Moved by Commissioner Kamp and seconded by Commissioner Elsen to set 7:00 p.m., or as soon thereafter as the mat- ter may be heard, Monday, July 8, 1991, as the date and time for a public hearing at which time the Planning Com- mission will sit as a Board of Adjustments and Appeals to consider Variance Application #91-17 to grant a variance of 406" in the required 40' rear yard setback (Section 515.13, Subd. 4 a) to build a 1116" x 28' deck on the existing house at 4500 Adair Ave. N., P.I.D. #09-118-21- 33-0092, as requested by William and Paula Pulles. Motion carried. 10. Discussion item: Plan to review land use component of the Comprehensive Plan with Fred Hoisington at the July 8, 1991, meeting from 7:00 p.m. to 8:00 p.m. with the public hearings to begin at 8:00 p.m. (Fred Hoisington will be unable to attend the July meeting, so the public hearings will begin at 7:00 p.m.) Moved by Commissioner Kamp and seconded by Commissioner Lundeen to adjourn. Motion carried. The meeting adjourned at 10:14 p.m. r Chair4ei-on uson { Secretary Anderson �q CRYSTAL PLANNING COMMISSION MINUTES July 8, 1991 The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Anderson, Elsen, Guertin, Kamp, Magnuson, Nystrom and Smith; the following was absent: Lundeen; also present were Community Development Director Nor- ris, Building Inspector Barber, and Recording Secretary Scofield. Moved by Commissioner Elsen and seconded by Commissioner Nys- trom to approve the minutes of the June 10, 1991, meeting. Motion carried. 1. Chairperson Magnuson declared this was the time and the place for a continuation of the public hearing at which time the Planning Commission will sit as a Board of Adjustments and Appeals to consider Variance Application #91-14 for a privacy fence which will exceed the 4f high limit at 5420 Fairview Ave. N., as requested by Michael and Sandra Partlow. Proponent Sandra Partlow stated they needed the fence for privacy and needed a 61 fence because they have big dogs, and a neighbor constantly complains about the dogs, and the Partlows are right now in media- tion. She said it seems like it is their backyard they want fenced rather than a front yard as according to the Zoning Code. The following were heard: No one appeared in opposition. Moved by Commissioner Kamp and seconded by Commissioner Anderson to close the public hearing. Motion carried. Moved by Commissioner Elsen and seconded by Commissioner Smith that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.07, Subd. 8 b) to grant a variance of 2' in the allowed 4' high fence in the front yard to erect a 6' privacy fence at 5420 Fairview Ave. N., P.I.D. # 09-118-21-13-0003, as requested in Application #91-14 of Michael and Sandra Partlow. The findings of fact are: The dogs are not relevant in this case for consideration, but what is relevant is that corner lot owners are not being treated the same way. The City Attorney in his letter to the City Manager of May 7, 1991 stated, "The ultimate goal of trying to treat all landowners as uniformly as possible should be kept in mind." July 8, 1991 - Continued The following voted aye: Elsen, Kamp and Smith. The fol- lowing voted no: Anderson, Guertin, Magnuson and Nystrom. Vote 4 to 3 motion failed. 2. Chairperson Magnuson declared this was the time and the place as advertised for a public hearing to consider Application #91-17 for a deck on the existing house which will encroach in the required 40 ft. rear yard setback at 4500 Adair Ave. N. as requested by William and Paula Pulles. Proponent William Pulles stated this is the only place they can build a deck and that a 71 deck is too small. He is willing to put in a one-hour fire wall. They only have one exit to their home so want to put up a deck for an additional exit. The following were heard: No one appeared in opposition. Moved by Commissioner Elsen and seconded by Commissioner Nystrom to close the public hearing. Motion carried. Moved by Commissioner Nystrom and seconded by Commissioner Elsen 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 aj to grant a variance of 31 in the required 40 ft. rear yard setback to build a 101 x 281 deck on the existing house at 4500 Adair Ave. N., P.I.I. #09-x118-21-33-0092, as requested in Application #91-17 of William and Paula Pulles. The findings of fact are: With a 71 drop off from the patio door something has to be done. With two children the residents need an additional exit to their home. It is agreeable with the home owners to reduce the size of the requested deck from 111611 to 101 wide. Motion carried. 3. Chairperson Magnuson declared this was the time and the place as advertised for a public hearing to consider Application #91-12 for a 3 -season porch on the existing house which will encroach in the required 40 ft. rear yard setback at 6908 - 39th Ave. N. as requested by First Choice Exteriors Inc. for Vernon Hawkinson. The propo- nent, Nick Dingman of First Choice Exteriors stated at first they were not aware a variance was needed as did not realize the lots were not as deep as the lots to the rear. There were three variances granted in the area since 1979. The following were heard: No one appeared in opposition. Moved by Commissioner Kamp and seconded by Commissioner Guertin to close the public hearing. Motion carried. July 8, 1991 - Continued Moved by Commissioner Kamp 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 mod- ify the strict application of Section 515.13, Subd. 4 a) to grant a variance of 4' in the required 40 ft. rear yard setback to build a 12' x 16' 3 -season porch on the exist- ing house at 6908 - 39th Ave. N., P.I.D. #17-118-21-43- 0011, as requested in Application #91-12 of First Choice Exteriors Inc. for Vernon Hawkinson. The findings of fact are: Lots are very shallow and many of the neighbors have received variances for similar uses since 1979. Motion carried. 4. Chairperson Magnuson declared this was the time and the place as advertised for a public hearing to consider Applications 091-18 and #91-19 for removal of a garage and construction of an attached garage on the existing house which will encroach in the required 40 ft. rear yard and 5 ft. side yard setbacks at 5117 - 50th Ave. N. as requested by Steven and Laur ne Schell. Proponent Steven Schell stated they planned to have the required one-hour fire wall with no openings in the wall. If he were to move the garage forward, they would have only one window in the living room and none in the kitchen and would block the next door neighbor whose house is also set back on his lot. The following were heard: No one appeared in opposition. Moved by Commissioner Anderson and seconded by Commis- sioner Smith to close the public hearing. Motion carried. A. Moved by Commissioner Smith and seconded by Commis- sioner Nystrom that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.13, Subd. 4 a) to grant a variance of 2816" in the required 40 ft. rear yard setback to allow removal of a 15' x 22' garage and construction of a 20' x 24' attached garage on the existing house at 5117 - 50th Ave. N., P.I.D. #09-118-21-13-0071, as requested in Application #91-18 of Steven and Laurine Schell. The findings of fact are: It will get rid of an old garage, replacing it with a two -car garage will be an improvement and increase the value of the home and be an asset to the neighborhood. The lot creates a hard- ship. The proposed garage will be built in the same location as the single garage that exists. Motion carried. B. Moved by Commissioner Smith and seconded by Commis- sioner Kamp that pursuant to Section 515.55 of the dr July 8, 1991 - Continued 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 216" in the required 5 ft. side yard setback to allow removal of a 15' x 22' garage and construction of a 20' x 24' attached garage on the existing house at 5117 - 50th Ave. N., P.I.D. #09-118-21-13-0071, as requested in Application #91-19 of Steven and Laurine Schell. The findings of fact are: The same as noted above. Motion carried. S. Chairperson Magnuson declared this was the time and the place as advertised for a public hearing to consider a proposed ordinance amendment to the Zoning Code to change the rear yard setback and side street side yard setback for corner lots. A. Moved by Commissioner Anderson and seconded by Commis- sioner Kamp to recommend to the City Council to con- tinue until the August 12 meeting the discussion of an ordinance amendment to the Zoning Code Section 515.13, Subd. 3 a) 2) i) and ii) so that the minimum required side street side yard setback for corner lots shall be 10 feet. Motion carried. Staff was requested to provide a list of street desig- nations. S. Moved by Commissioner Elsen and seconded by Commis- sioner Anderson to recommend to the City Council to approve an ordinance amendment to the Zoning Code Sec- tion 515.13, Subd. 4 a) so that the minimum required rear yard setback shall be 30 feet. Motion carried. 6. Discussion items: Proposal of joint work session with the City Council to review the Comprehensive Plan with Fred Hoisington at 6:30 p.m., Monday, August 12, 1991, with regular Planning Commission Meeting at 8:00 p.m. Moved by Commissioner Elsen and seconded by Commissioner Nys- trom to adjourn. Motion carried. The meeting adjourned at 8:36 p.m. Chairpe son uson Secretary Anderson CRYSTAL PLANNING COMMISSION MINUTES August 12, 1991 The meeting of the Crystal Planning Commission convened at 8:00 p.m. with the following present: Elsen, Kamp, Lundeen, Magnu- son and Nystrom; the following were absent: Anderson, Guertin and Smith; also present were Community Development Director Norris, Building Inspector Barber and Recording Secretary Scofield. Moved by Commissioner Elsen and seconded by Commissioner Nys- trom to approve the minutes of the July 8, 1991, meeting. Motion carried. 1. Chairperson Magnuson declared this was the time and the place for a continuation of the public hearing to consider a proposed ordinance amendment to the Zoning Code to change the side street side yard setback for corner lots. Building Inspector Barber suggested a 15 ft. setback for collector and minor arterial streets and a 10 ft. on local streets. No one appeared in opposition. Moved by Commissioner Kamp and seconded by Commissioner Elsen to close the public hearing. Motion carried. Moved by Commissioner Kamp and seconded by Commissioner Nystrom to recommend to the City Council to approve an ordinance amendment to the Zoning Code Section 515.13, Subd. 3 a) 2) i) and ii) so that the minimum required side street side yard setback for corner lots shall be 10 feet on local streets and 15 feet on collector and minor arte- rial streets with the proposed ordinance amendment to come to the Planning Commission September 9 before forwarding to the City Council. Motion carried. 2. Chairperson Magnuson declared this was the time and the place as advertised for a public hearing to consider Vari- ance Application #91-20 for a 3 -season porch on the exist- ing house which will encroach in the required 40 ft. rear yard setback at 5541 Zane Ave. N. as requested by Robert L. Thomsen. Building Inspector Barber stated this was a shallow lot (95 feet deep) and a unique lot, so this would not be setting a preced8nt.. ,also if the 30 ft. rear yard setback were in effect, this would represent a 2 ft. vari- ance. The proponent, Robert L. Thomsen, stated they were not able to change the dimensions of the paroh avoiding a variance because it ;could run into a window an one side and the electric line on the ether. August 12, 1991 - Continued No one appeared in opposition. Moved by Commissioner Kamp and seconded by Commissioner Nystrom to close the public hearing. Motion carried. Moved by Commissioner Elsen and seconded by Commissioner Kamp that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.13, Subd. 4 a) to grant a variance of 12 ft. in the required 40 ft. rear yard setback to build a 12' x 12' 3 -season porch on the existing house at 5541 Zane Ave. N., P.I.D. #04-118-21-33- 0030, as requested in Variance Application #91-20 of Robert L. Thomsen. The findings of fact are: A hardship exists that is innate to the lot because it has a shallow depth and to use other dimensions for the porch would not be reasonable because it would be costly to move the electric line or window. Motion carried. 3. Chairperson Magnuson declared this was the time and the place as advertised for a public hearing to consider Vari- ance Application #91-21 for an attached garage on the existing house which will encroach in the required 5 ft. side yard setback at 6807 - 51st Place N. as requested by Christine and Larry Howieson. Building Inspector Barber stated a 22' wide garage is rather standard and even mea- surements work best for building materials. The propo- nent, Larry Howieson, stated the style of roof for the proposed garage will be more aesthetic and will encroach less in the setback than the existing detached garage which will be removed. No rine appeared in opposition. Moved by Commissioner Elsen and seconded by Commissioner Kamp to close the public hearing. Motion carried. Moved by Commissioner Kamp and seconded by Commissioner Lundeen that pursuant to Section 515.55 of the, Crystal City Code to recommend to the City Council to vary or mod- ify the strict application of Section 515.13, Subd. 3 a) 1) to grant a variance of 41" in the required 5 ft. side yard setback to build a 22' x 28' attached garage on the existing house at 6807 - 51st Place tai., P.I.D. #08-11.E-21- 13-0028, as requested in Variance Application #91-21 of Christine and Larry Howieson. August 12, 1991 - Continued The findings of fact are: Anything less than a 22' wide garage is very difficult to maneuver two cars plus para- phernalia, new garage more appealing, less encroachment than existing garage and 4" is a small variance in order to add 2' to a garage. Motion carried. 4. Chairperson Magnuson declared this was the time and the place as advertised for a public hearing to consider Vari- ance Application #91-22 for construction of a detached garage which will encroach in the required 25.7 ft. side street side yard setback at 5801 Regent Ave. N. as requested by Edna Kuglin. Building Inspector Barber stated this lot is on a dead end street next to the air- port, and only the neighbor across the street and the applicant use the street. without the variance the garage would be sitting behind the house and more difficult to use and would be in the middle of the yard. The propo- nent's son-in-law, Larry Kowal, of 19500 Country Circle E, Rogers, stated that as Mrs. Kuglin was elderly the family did not want the garage in the middle of the yard but where there was more light from the street and snow removal would be less of a problem. No one appeared in opposition. Moved by Commissioner Nystrom and seconded by Commissioner Elsen to close the public hearing. Motion carried. Moved by Commissioner Elsen and seconded by Commissioner Kamp that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.07, Subd. 5 c) 3) to grant a variance of 15.7 ft. in the required 25.7 ft. side street side yard setback to build a 20' x 22' detached garage at 5801 Regent Ave. N., P.I.D. #04-118-21-13-4017, as requested in Variance Application #91-22 of Edna Kuglin. The findings of fact are: dead ends at the airport is except the applicant and th and it would be destructive build the garage elsewhere. 5. Discussion items: Location of the lot because it unique, no one uses the street e neighbor across the street, of trees and the backyard to No precedent is being set. Motion carried. EDA Advisory Commission's suggestion regarding Housing Maintenance Code where the buyer would assume responsibil- ity for completing any necessary repairs within a speci- fied time frame and would require money put in escrow by the seller. August 12, 1991 - Continued 6. Consideration of Variance Application #91-24 for a porch which will encroach in the required 30 ft. side street side yard setback at 5261 Kentucky Ave. N. as requested by Michael Culhane. Moved by Commissioner Lundeen and seconded by Commissioner Nystrom 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, September 9, 1991, as the date and time for a public hearing at which time the Planning Com- mission will sit as a Board of Adjustments and Appeals to consider Variance Application #91-24 to grant a variance of 18 ft. 6 in. in the required 30 ft. side street side yard setback (Section 515.13 Subd. 3 a) 2) iii) for con- struction of a 10' x 49' porch at 5261 Kentucky Ave. N., P.I.D. 08-118-21-12-0127 as requested by Michael Culhane. Moved by Commissioner Lundeen and seconded by Commissioner Nys- trom to adjourn. Motion carried. The meeting adjourned at 8:47 p.m. Acting Secretary Elsen 3 CRYSTAL PLANNING COMMISSION MINUTES September 9, 1991 The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Anderson, Elsen, Kamp, Lun- deen, Magnuson, Nystrom and Smith; the following was absent: Guertin; also present were Community Development Director Nor- ris and Recording Secretary Scofield. Moved by Commissioner Lundeen and seconded by Commissioner Elsen to approve the minutes of the August 12, 1991, meeting. Motion carried. Consideration of a building permit for an airplane hangar at Lot 74B, Crystal Airport, as requested by George and Linda Osland. Moved by Commissioner Anderson and seconded by Commis- sioner Nystrom to recommend to the City Council to approve) authorization to issue a building permit for a 40' x 88' airplane hangar located at Lot 74B, Crystal Air- port, subject to standard procedure. Motion carried. 2. Chairperson Magnuson declared this was the time and the place as advertised for a public hearing to consider Vari- ance Application #91-23 for an addition on the attached garage on the existing house which will encroach in the required 5 ft. side yard setback at 8024 - 33rd Ave. N. aE requested by Allen and Sandra Jostock. Proponent Allen Jostock stated he has an 18' boat and two cars he wishes to put in the garage, and because of a chimney inside the garage that takes up 2 to 2-1/2 ft. it would be hard to move between two regular sized cars parked next to each other without the added space. No one appeared in opposition. Moved by Commissioner Elsen and seconded by Commissioner Kamp to close the public hearing. Motion carried. Moved by Commissioner Elsen and seconded by Commissioner Kamp that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to deny granting a variance of 6 in. in the required 5 ft. side yard setback to build an addition on the attached garage on the exist- ing house to make the garage 20 ft. wide at 8024 - 33rd Ave. N., P.I.D. #19-118-21-14-0068, as requested in Vari- ance Application #91-23 of Allen and Sandra Jostock. September 9, 1991 - Continued The findings of fact are: We have no basis to find a variance hardship. Motion carried. Chairperson Magnuson declared this was the time and the place as advertised for a public hearing to consider Vari- ance Application #91-24 for a deck on the existing house which will encroach in the required 30 ft. side street side yard setback at 5261 Kentucky Ave. N. as requested by Michael Culhane. Proponent Michael Culhane stated they were trying to upgrade the house which is a non -conforming structure and thought the deck would tie the whole thing together. No one appeared in opposition. Moved by Commissioner Anderson and seconded by Commis- sioner Nystrom that pursuant to Section 515.55 of the Crystal City Code to continue until October 14, 1991, the discussion to grant a variance of 18 ft. 6 in. in the required 30 ft. side street side yard setback to build a 10' x 49' deck on the existing house at 5261 Kentucky Ave. N., P.I.D. #08-118-21-12-0127, as requested in Variance Application #91-24 of Michael Culhane. Motion carried. 4. Consideration of a proposed ordinance amendment to the Zoning Code Section 515.13, Subd. 3 a) 2) i) and ii) so that the minimum required side street side yard setback for corner lots shall be 10 feet on local streets and 15 feet on collector and minor arterial streets. Planning Commission suggested submitting it to Fred Hois- ington (writing the Comprehensive Plan) and then bring it back to the October meeting. 5. Consideration of inclusion of "Statement of Intent to Com- ply" provision in the Housing Maintenance Code. Moved by Commissioner Elsen and seconded by Commissioner Anderson to recommend to the City Council to approve the Housing Maintenance Code Statement of Intent to Comply concept as an amendment and continue until October 14, 1991, the discussion of a "do it yourself" buyer who would put money in escrow and must comply with City Codes and ask the City Attorney to draft an amendment. Motion carried. 6. Consideration of Variance Application #91-25 for construc- tion of an attached garage on the existing house which will encroach in the required 5 ft. side yard setback at 6015 - 34th Ave. N. as requested by Roland Jungk. September 9, 1991 - Continued Moved by Commissioner Anderson and seconded by commis- sioner Kamp to set 7:00 p.m., or as soon thereafter as the matter may be heard, Monday, October 14, 1991, as the date and time for a public hearing at which time: the Planning commission will sit as a Board of Adjustments and Appeals to consider a variance request of 2 ft. in the required 5 ft. side yard setback (Section 515.13, Subd. 3 a) 1) for construction of a 12, x 261 attached garage on the exist- ing house at 6015 - 34th Ave. N., P.I.D. #21-118-21-23- 0016 as requested by Roland Jungk. Motion carried. 7. Status report cn update of Comprehensive .Plan. Meeting of Planning Conmiss-Ion and City Council with Fred Hoisington to be Tuesday, November 12, 1991, at 6:.30 p.m. with the regular Planning Commission meeting at 8 p.m. as the Plan- ning Commission meeting would have been November 11, 1991, (Veterans Day, an observed legal holiday). Moved by Commissioner Kamp and seconded by Commissioner Lundeen to adjourn. Motion carried. The meeting adjourned at 8:07 p.m. Secretary Anderson CRYSTAL PLANNING COMMISSION MINUTES October 14, 1991 The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Anderson, Elsen, Lundeen, Magnuson, Nystrom and Smith; the following were absent: Kamp and Guertin; also present were Building Inspector Barber and Recording Secretary Scofield. Moved by Commissioner Eisen and seconded by Commissioner Nys- trom to approve the minutes of the September 9, 1991, meeting. Motion carried. 1. REMINDER --Crystal City Council and Planning Commission will hold a joint work session Tuesday, November 12, 1991, at 6:30 p.m. in the Council Chambers regarding review of the Comprehensive Plan. The regular Planning Commission Meeting will begin at 8:00 p.m. 2. Continuation of the public hearing to consider Variance Application #91-24 for a deck on the existing house which will encroach in the required 30 ft. side street side yard setback at 5261 Kentucky Ave. N. as requested by Michael Culhane. The proponent, Michael Culhane, stated they wanted to pull the two front entrances together with a deck. Building Inspector Barber stated although it would enhance the front of the house, it would be a large encroachment in the side street side yard setback without an apparent hardship. It was suggested to put a step at each entrance and extend the roof over each or one walkway, perhaps with flagstones. 'o one appeared in opposition. Moved by Commissioner Elsen and seconded by Commissioner Anderson to close the public hearing. Motion carried. Moved by Commissioner Elsen and seconded by Commissioner Lundeen that pursuant to Section 515.56 of the Crystal City Code to recommend to the City Council to deny grant- ing a variance of 18 ft. 6 in. in the required 30 ft. side street side yard setback (Section 515.13, Subd. 3 a) 2} iii) to build a 10' x 491 deck on the existing house at 5261 Kentucky Ave. N., P.I.D. #08-118421-12-D127, as requested in Variance Application #91-24 of Michael Culhane. October 14, 1991 - Continued The findings of fact are: The request does not fit within the hardship definition of the ordinance but did discuss other alternatives after reviewed the second time. Motion carried. 3. Chairperson Magnuson declared this was the time and the place as advertised for a public hearing at which time the Planning Commission will sit as a Board of Adjustments and Appeals to consider Variance Application #91-25 for con- struction of an attached garage on the existing house which will encroach 4 ft. in the required 5 ft. side yard setback at 6015 - 34th Ave. N., P.I.D. #21-118-21-23-0016, as requested by Roland Jungk. The proponent, Roland Jungk, stated he had health problems necessitating an attached garage in the winter. : Building Inspector Barber stated it would be possible that rain from the garage roof could end up in the neighbor's yard and suggested a gable roof on the end. It was sug- gested that guttering could be to the front or back to handle the rain. No one appeared in opposition. Moved by Commissioner Anderson and seconded by Commis- sioner Smith to close the public hearing. Motion carried. Moved by Commissioner Elsen and seconded by Commissioner Lundeen that pursuant to Section 515.56 of the Crystal City Code to recommend to the City Council to vary or mod- ify the strict application of Section 515.13, Subd. 3 a) 1) to grant a variance of 4 ft. in the required 5 ft. side yard setback to build a 12' x 26' attached garage on the existing house at 6015 34th Ave. N., P.I.D. #21-118-21-23- 0016, as requested in Variance Application #91-25 of Roland Jungk. The findings of fact are: There is a hardship indigenous to the lot and request the west end of the garage be a gable end. Motion carried. 4. Consideration regarding a lot split and combination of 15 feet of property located at 5565 and 5573 Welcome Ave. N. as submitted by Harry and Debbie Hauser. Moved by Commissioner Anderson and seconded by Commis- sioner Nystrom to set a public hearing before the Planning Commission at 8:00 p.m., or as soon thereafter as the mat- ter may be heard, Tuesday, November 12, 1991, to consider the proposed lot split and combination of 15 feet from 5565 Welcome Ave. N., Lot 2, Block 1, Norcross Addition, and combined with 5573 Welcome Ave. N., Lot 1, Block 1, M October 14, 1991 - Continued Norcross Addition, as submitted by Harry and Debbie Hauser. Motion carried. 5. Continuation of discussion of a proposed ordinance amend- ment to the Zoning Code Section 515.13, Subd. 3 a) 2) i) and ii) so that the minimum required side street side yard setback for corner lots shall be 10 feet on local streets and 15 feet on collector and minor arterial streets. Rec- ommended it be incorporated into the Zoning Ordinance and passed to the Council. 6. Continuation of the discussion of a "do it yourself" buyer who would put money in escrow and must comply with City Codes regarding the Housing Maintenance Code Statement of Intent to Comply Amendment. Penalty of $250 if items do not get completed by the buyer. One and one-half times the value plus the $250 is put in escrow, so the City can have the items completed. Recommended it be passed to the Council. 7. Consideration of Variance Application #91-26 to allow two curb cut openings at 4521 Vera Cruz Ave. N. as requested by Richard H. Nelson. Moved by Commissioner Lundeen and seconded by Commissioner Anderson to set 8:00 p.m., or as soon thereafter as the matter may be heard, Tuesday, November 12, 1991, as the date and time for a public hearing at which time the Plan- ning Commission will sit as a Board of Adjustments and Appeals to consider Variance Application #91-26 to allow two curb cut openings (Section 515.09, Subd. 4 h) 10) for construction of a detached two -car garage with access to the alley, at 4521 Vera Cruz Ave. N., P.I.D. #09-118-21- 34-0059, as requested by Richard H. Nelson. Motion carried. 8. REMINDER --Planning Commissioners with expiring terms December 31, 1991, were requested to complete their appli- cations and return them to the City. 9. Discussion items: A. Commissioner Anderson asked if the Council is going to appoint someone to Planning Commission soon? Need applicant from Ward 3. B. Building Inspector Barber stated there was a rezoning and plan to move a 7 -unit apartment complex onto Dou- glas Drive. The project is too expensive, and the applicant now wants to put in a 4 -unit which may be under utilization of the property. Should the new plan come before Planning Commission and Council? Planning Commissioners thought it should go through I At October 14, 1991 - Continued the process again and requested the Building Inspector ask the City Attorney if the zoning can revert back to the original zoning if a plan does not go through. Moved by Commissioner Smith and seconded by Commissioner Lun- deen to adjourn. Motion carried. The meeting adjourned at 8:48 p.m. Secre ary Anderson CRYSTAL PLANNING COMMISSION MINUTES November 12, 1991 The meeting of the Crystal Planning Commission convened at 8:00 p.m. with the following present: Anderson, Elsen, Lundeen, Magnuson and Nystrom; the following were absent: Guertin, Kamp and Smith; also present were Community Development Director Norris, Building Inspector Barber and Recording Secretary Scofield. Moved by Commissioner Elsen and seconded by Commissioner Nys- trom to approve the minutes of the October 14, 1991, meeting. Motion carried. 1. Chairperson Magnuson declared this was the time and the place as advertised for a public hearing to consider approval of the lot split and combination of 15 feet of property located at 5565 and 5573 Welcome Ave. N. as sub- mitted by Harry and Debbie Hauser. Moved by Commissioner Lundeen and seconded by Commissioner Elsen to close the public hearing. Motion carried. Moved by Commissioner Elsen and seconded by Commissioner Nystrom that pursuant to Section 506.13, Subd. 3, of the Crystal City Code to recommend to the City Council to approve the proposed lot split and combination of 15 feet from 5565 Welcome Ave. N., Lot 2, Block 1, Norcross Addi- tion, to 5573 Welcome Ave. N., Lot 1, Block 1, Norcross Addition, as submitted by Harry and Debbie Hauser of 5573 Welcome Ave. N. The findings of fact are: In the best interest of both parties to buy and sell as defined in the request and rec- ommendation to approve by the Building Inspector. Motion carried. 2. Chairperson Magnuson declared this was the time and the place as advertised for a public hearing at which time the Planning Commission will sit as a Board of Adjustments and Appeals to consider Variance Application #91-26 to allow two curb cut openings at 4521 Vera Cruz Ave. N. as requested by Richard H. Nelson. Building Inspector Barber stated that in checking with the City Attorney he inter- preted a curb cut as an access from a public way and that each property is entitled to one curb cut. The proponents presented the following: Mrs. Nelson, 4521 Vera Cruz Ave. N. stated there are situations where two November 12, 1991 - Continued accesses exist in their neighborhood. They have two vehi- cles, snowmobiles and boat which they wish to put in a garage and do not have a large enough lot to expand the attached garage. Mike Adams, 4534 Welcome Ave. N., stated the garage would be an increased value to the property and increased taxes. He questioned what was a curb cut. Robert Swanson, 4528 Welcome Ave. N., stated the house was built 40 years ago when one car was what most people had and thought it ridiculous that Mr. Nelson couldn't have another garage that wouldn't bother anyone. No one appeared in opposition. Moved by Commissioner Anderson and seconded by Commis- sioner Lundeen to close the public hearing. Motion carried. Moved by Commissioner Anderson that pursuant to Section 515.56 of the Crystal City Code to recommend to the City Council to deny varying cr modifying the strict applica- tion of Section 515.09, Subd. 4 h) 10) to allow two curb cut openings for construction of a detached two -car garage with access to the alley at 4521 Vera Cruz Ave. N., P.I.D. #09-118-21-34-0059, as requested by Richard H. Nelson. The findings of fact are: No hardship has been demon- strated only arguments in favor of convenience. Increased value and increased property tax are insufficient reasons under the law. Motion failed for lack of a second. Moved by Commissioner Elsen and seconded by Commissioner Nystrom that pursuant to Section 515.56 of the Crystal City Code to recommend to the City Council to vary or mod- ify the strict application of Section 515.09, Subd. 4 h) 10) to allow two curb cut openings for construction of a detached two -car garage with access to the alley at 4521 Vera Cruz Ave. N., P.I.D. #09-11821-34-0059, as requested by Richard H. Nelson. The findings of fact are: He has a right to be even with neighbor as a near neighbor has the equivalent situation, little or no precedent is being set as few alleys exist, no room on the side of attached garage for expansion or access and in the best interest and welfare of the City. The following voted aye: Elsen, Lundeen and Nystrom. The following voted no: Anderson and Magnuson. Vote 3 to 2.Motion failed. Consideration of amendments to provisions of the Crystal Zoning Ordinance pertaining to nuisances. November 12, 1991 - Continued Moved by Commissioner And sioner Lundeen to set a F Commission at 7:00 p.m., ter may be heard, Monday, amendments to provisions ing Ordinance pertaining 4. Discussion items: erson and seconded by Commis- ublic hearing before the Planning or as soon thereafter as the mat - December 9, 1991, to consider of the Crystal City Code and Zon- to nuisances. Motion carried. A. The Planning Commission felt they work closely with the Zoning Ordinance and there was no hardship demon- strated and had deliberated for two months Michael Culhane's Variance Application #91-24 for an 18 ft. 6 in. variance in the required 30 ft. side street side yard setback to build a 10' x 49' deck on his house at 5261 Kentucky Ave. N.; and therefore would like a written findings of fact from the City Council and City Attorney as to why the variance was granted unan- imously at the November 6, 1991 meeting (Mayor Herbes was absent). B. Commissioner Anderson stated the Comprehensive Plan should say "proposed study on the golf course" not that it has been done. Moved by Commissioner Elsen and seconded by Commissioner Nys- trom to adjourn. Motion carried. The meeting adjourned at 9:13 p.m. Chairpe son uson Secretary Anderson WL CRYSTAL PLANNING COMMISSION MINUTES December 9, 1991 The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Anderson, Elsen, Kamp, Lundeen, Magnuson, Nystrom and Smith; the following was absent and resigned: Guertin; also present was Commu- nity Development Director Norris. Moved by Commissioner Elsen and seconded by Commissioner Nystrom to approve the minutes of the November 12, 1991, meeting, with the followiong exception: Item #2 should read Vote 3 to 2 Motion failed. Motion carried. 1. Chairperson Magnuson declared this was the time and the place as advertised for a public hearing to consider amendments to the City Code and to the Zoning Ordinance relating to nuisances. Community Development Director Norris explained the proposed amendments. The Planning Commissioners had questions about the per- missive language in Section 1, licensing requirement in Section 4, whether language in Section 8 was suffi- cient, use of putrescible and non-putrescible in Sec- tion 3 and about ensuring compost piles are referenced or excluded in terms of refuse definition. The following were heard: Bob Schon, 3930 Jersey Ave. N., resident of Crystal since 1955, was concerned about outside storage of vehicles and thanked Commission for attempting to address problems. Gary Joselyn, 4068 Hampshire Ave. N. and councilmember, hoped Section 4 could not be bypassed by buying a license and Section 8 seemed clear enough. Chairperson Magnuson recommended the amendments be sent back to the City Attorney. Moved by Commissioner Nystrom and seconded by Commis- sioner Smith to reccmmend to the City Council, to continue until January 13, 199.2, the discussion of amendments to the City Code Section 600, 605 and 635 relating to public health and safety regarding abate- ment of nuisances, refuse, abandoned property and refuse haulers regulations and to the Zoning Ordinance Section .515 regarding refuse, off-street parking and motor vehicles for sale parked in business and indus- trial districts. Motion carried. December 9, 1991 - Continued 2. Discussion items: A. Commissioners Marilyn Kamp and Debra Guertin are resigning, effective December 18, 1992. There are two openings in Ward 3 and one from any ward in the City. B. Commissioner Anderson inquired about the Planning Commission's request for clarification on the vari- ance that the Council approved after the Planning Commission recommended denial. Community Devnlop- ment Director Norris stated the Council would be considering it at a future meeting, possibly December 18. Moved by Commissioner Damp and seconded by Commissioner Nys- trom to adjourn. Motion carried. The meeting adjourned at 7:42 p.m. Chairperso an on f Secretary Anderson