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1994 PC Meeting MinutesCRYSTAL PLANNING COMMISSION MINUTES January 10, 1994 The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Anderson, Elsen, Hildebrand, Lundeen, Magnuson, Nystrom and VonRueden; also present were Community Development Director Norris, Building Inspector Bar- ber and Recording Secretary Scofield. On January 4, 1994, the City Council moved to re -appoint Com- missioners David Anderson and Richard VonRueden with terms expiring December 31, 1996. Moved by Commissioner Elsen and seconded by Commissioner Von- Rueden to approve the minutes of the December 13, 1993, meeting. Motion carried. is Acting Chair Magnuson declared that nominations were open for officers of the Planning Commission consisting of Chair, Vice -Chair and Secretary for the year ending Decem- ber 31, 1994. Commissioner Anderson nominated and Commissioner Nystrom seconded the nomination of Paulette Magnuson as Chair of the Planning Commission for the year ending December 31, 1994. All those in favor signify by voting aye, those opposed by voting no. Motion carried. Commissioner Elsen nominated and Commissioner Nystrom sec- onded the nomination of David Anderson as Vice -Chair of the Planning Commission for the year ending December 31, 1994. All those in favor signify by voting aye, those opposed by voting no. Motion carried. Commissioner Nystrom nominated and Commissioner Hildebrand seconded the nomination of Jane Elsen as Secretary of the Planning Commission for the year ending December 31, 1994. All those in favor signify by voting aye, those opposed by voting no. Motion carried. 2. Chair Magnuson declared this was the time and the place as advertised for a public hearing to consider the pro- posed lot split at 6922 Corvallis Ave. N. as submitted by January 10, 1994 - Continued Martin E. Campion. Building Inspector Barber stated each lot will exceed the minimum for depth, width and square footage. Presently a two-story house on portion of the lot. The City is asking the easement be deleted on the side of the lot. The following were heard: Julie Schwartz, 6908 Corvallis Ave. K. stated the following concerns: that Cather than a single family residence might be put on this property, the drainage of this property and the placement of a driveway. Chair Magnuson stated the property is zoned N-1 and would have to have a rezoning public hearing with notification. Building Inspector Barber stated one property would not be allowed to drain onto another, and the driveway can be right up to the property line.. Mr. Campion said he had a client when wanted to sell the house and lot. Moved by Commissioner Eisen and seconded by Commissioner Anderson to close the public hearing. Motion carried. Moved by Commissioner Eisen and seconded by Commissioner Lundeen 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 at 6922 Corvallis Ave. N., THAT PART OF LOT 23 LYING S OF A LINE RUNNING FM A POINT IN W LINE THOF DIS 64.33 FT S FM NW COR THOF TO A PT IN E LINE THOF DIS 20 FT S FM NE COR THOF, RUSS ADDITION, to make two lots, one with existing house and one buildable as submitted by Martin E. Campior3, 6402 56th Ave. N. The findings of fact are: Lots meet all requirements from the City both depth and square footage. Creates an additional buildable lot for the City. Motion carried. 3. Discussion item: Amendment to the Sign Ordinance. A sign inside a window is not classified as a sign. Presently a limit of 150,000 square feet. Target has 300,000 sq. ft. Should have a maximum of 250,000 sq. ft. with maximum of two signs. Asked staff to redraft. 4. Information item: Status of Mr. Benson's application to rezone the Nafstad property. Commission asked what is the assessed value of the property, and is there a demonstrated need? The Planning Commission should consider the following if the zoning is changed: relationship to comprehensive plan, the geographical area involved, will it depreciate the area, character of the surrounding area and the demon- January 10, 1994 - Continued strated need. Residents asked the Council to purchase the property --no action. Those within 500 ft. will be notified. Moved by Commissioner Hildebrand and seconded by Commissioner Elsen to adjourn. The meeting adjourned at 8:20 p.m. ,Secretary Elsen Motion carried. mss. Chair f4agntf /87 CRYSTAL PLANNING COMMISSION MINUTES February 14, 1994 The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Anderson, Elsen, Hildebrand, Lundeen, Magnuson, Nystrom and VonRueden; also present were Community Development Director Norris, Building Inspector Bar- ber and Recording Secretary Scofield. Moved by Commissioner Elsen and seconded by Commissioner Nys- trom to approve the minutes of the January 10, 1994, meeting. Motion carried. 1. Consideration of Variance Application #94-3 for an addi- tion which will encroach in the required 30' side street side yard setback at 6105 Douglas Drive as requested by Mike Becker Moved by Commissioner Hildebrand and seconded by Commis- sioner Anderson to set 7:00 p.1n., or as soon thereafter as the matter may be heard, Monday, March 14, 1394, 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 #94-3 to grant a variance of approximately 101 in the required 301 side street side yard setback for a 26' x 28" addition at 6105 Douglas Drive, P.I.D. #05•-118-21-11-0072 as requested by Mike Becker, 6105 Douglas Drive. Motion carried. 2. Chair Magnuson declared this was a continuation of the public hearing to consider Application #93-6 as submitted by John Beason and the property owner, Norman Nafstad, to rezone property from R-1 (Single Family residential) to R- 4 District (High Density Residential) located between 29th and 32nd Avenue North and between Douglas Drive and Brunswick Avenue North. The proponents presented the fol- lowing: Mr. Benson stated the residents had circulated a petition even, before plans were submitted because they did not want anything developed. Because people were con- cerned with wetlands and wildlife, created a wetland in the center (could have mitigated off-site). He claimed there was a need for elderly housing when selling their homes and wanting to live in the area. Because of eco- nomics the property would never be developed a.s single family house,. Supplied traffic counts would allow for this development. Planning Commissioners questioned how many units would be proposed (about 230), stated buildings would be built for multi -family housing with more square footage required 1 8 February 14, 1994 - Continued than for elderly and Comprehensive Plan stated zoning for property up to R-4. The following were heard: Milton Dunham, 5909 -29th P1 N Frank Koss, 3200 Colorado Harvey Freund, 3041 Douglas Kris Schleif, 3021 Douglas Dorothy Billings, 3259 Brunswick Carl Schleif, 3021 Douglas David Seffren,5919 Medicine Lake Rd Nancy Narr, 3520 Zane Ave N Steven Johnson, 2957 Edgewood Jennifer Patterson, 3230 Brunswick Ave N Tom Hawes, 3100 Welcome Pat Palus, 2957 Edgewood Matthew LaBissoniere, 3120 Douglas Dale Hallstrom, 5901 -29th P1 N Frank Caruso, 3235 Brunswick The following concerns were expressed: Property when pur- chased was zoned R-1 on speculation to zone R-4; should demonstrate a need for apartments as there are 1200 south of 36th Ave. N. from Winnetka to Douglas Drive with vacan- cies in some buildings; impact on the area with increased traffic and on the environment; no proposed site plan; runoff from site would go into the storm sewer and perhaps cause flooding; no buffer between apartments and houses -- no privacy; impact on fire and police departments, play- grounds and bike paths worn out faster; lowered property values; what is going to happen to wildlife; another com- mercial development along Douglas Drive; fertilizer on lawns run into water system rather than unfertilized wet- lands; often older people stay in their homes until they die and lift station already overtaxed. Community Development Director Norris stated there is no requirement in the City Code that a developer must bring in a site plan when requesting a rezoning. Moved by Commissioner Elsen and seconded by Commissioner Hildebrand to close the public hearing. Motion carried. Moved by Commissioner Anderson and seconded by Commis- sioner Lundeen to recommend to the City Council to deny Application #93-6 as submitted by John Benson and the property owner, Norman Nafstad, to rezone property from R- 1 (Single Family Residential) to R-4 District (High Den- sity Residential) located between 29th and 32nd Avenue North and between Douglas Drive and Brunswick Avenue North, described as P.I.D. #21-118-21-32-0002 (portion), #21-118-21-32-0003 (portion), #21-118-21-32-0006, #21-118- jsl February 14, 1994 - Continued 21-32-0004 (portion), #21-118-21-32-0007, #21-118-21-32- 0009, #21-118-21-32-0010, #21-118-21-32-0011, #21-118-21- 32-0012, #21-118-21-32-0018, #21-118-21-32-0027, #21-118- 21-33-0001, #21-118-21-33-0002, and #21-118-21-33-0003. The findings of fact are: I. The rezoning is inconsistent with the Comprehensive Plan. 2. Traffic generated by such a use would have a negative impact on traffic circulation in the area. 3. A need for more apartments in the area has not been demonstrated. 4. The proposed rezoning and use would have a negative impact on property values, especially for immediately adjacent single family residential property. 5. The proposed rezoning is inconsistent with the resi- dential character of the area. Motion carried. 3. Concept review of proposal by Janis Blumentals, architect for Video Center, and consideration of Variance Applica- tion #94-4 to allow fewer spaces than required for a video center and restaurant at 3640 Winnetka Ave. N. Moved by Commissioner Elsen and seconded by Commissioner Hildebrand to set 7:00 p.m., or as soon thereafter as the matter may be heard, Monday, March 14, 1994, 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 Variance Application #94-4 to allow a variance of 20 off-street parking spaces of the required Ill park- ing spaces at the Video Center and restaurant at 3640 Win- netka Ave. N., P.I.D. #17-118-21-33-0005 as requested by Janis Blumentals for Video Center. Motion carried. 4. Concept review of proposal by Norling Motors for 5521 Lakeland Ave. N. (former Holiday Station). Dave Putnam, civil engineer for Norling Motors, and John Norling stated they want to vacate present location at 5548 Lakeland Ave. N. Community Development Director Norris stated she saw this as an interim use and that Holiday will clean up any contamination. 5. Chair Magnuson declared this was the time and the place as advertised for a public hearing to consider Application #94-1, as submitted by City of Crystal, to rezone to B-4 (Community Commercial) District the property located south of 5358 West Broadway. Community Development Director 1 0 February 14, 1994 - Continued Norris stated Comprehensive Plan's intent for this prop- erty to be commercial. Moved by Commissioner Hildebrand and seconded by Commis- sioner Lundeen to close the public hearing. Motion carried. Moved by Commissioner Elsen and seconded by Commissioner Nystrom to recommend to the City Council to approve Appli- cation #94-1 as submitted by City of Crystal, to rezone to B-4 (Community Commercial) District the property located south of 5358 West Broadway, legally described as Begin- ning at a point on the East boundary line of Section 8 of Township 118 North of Range 21 west of the 5th Principal Meridian which point is five rods south of the north east corner of said Section. Thence running west and parallel with the north line of said Section to the center of the Crystal border and Osseo Road. Thence South easterly along the center of said road to a point which is distant eight rods south of the north line of said Section. Thence running east and parallel with the north line of said Section to the east boundary line of said Section to a point eight rods south, the north east corner of said Section. Thence north along the east boundary line of said Section three rods to the place of beginning. Con- taining one-fourth of an acre more or less. Findings of fact: Proposed rezoning is consistent with Comprehensive Plan, and area involved is between commer- cial and industrial. Motion carried. 6. Consideration of proposed modifications to Bass Lake Road/Becker Park Project Area. Moved by Commissioner Anderson and seconded by Commis- sioner Hildebrand to adopt a resolution recommending modi- fications to the Bass Lake Road/Becker Park Project Area to the City Council. Motion carried. 7. There was a reminder of the February 28 Special Planning Commission meeting at 7:00 p.m. to consider the rezoning of the property known as Mielke Field, 5201 - 36th Ave. N. to B-4 (Community Commercial) District by Supervalu, Inc. SuperValu will be holding an informational meeting with the neighboring properties next week. There is a need for buffering. Moved by Commissioner Elsen and seconded by Commissioner Hilde- brand to adjourn. Motion carried. February 14, 1994 - Continued The meeting adjourned at 10:10 p.m. Q_��. cretary Elsen 114 CRYSTAL PLANNING COMMISSION MINUTES February 28, 1994 The special meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Anderson, Elsen, Hildebrand, Lundeen, Magnuson, Nystrom and VonRueden; also present were Community Development Director Norris and Building Inspector Barber. Chair Magnuson declared this was the time and the place as advertised for a public hearing to consider Application #94-2 as submitted by SuperValu Inc. to rezone property from R-1 (Single Family Residential) District to B-4 (Community Commer- cial) District at 5201 - 36th Ave. N. Community Development Director Norris reviewed the proposed plan for the approximately 6.23 acre site. The Planning Com- mission was reminded that Section 515.13 of the Zoning Ordi- nance requires them to consider the following factors when reviewing applications for rezoning: 1. Relationship to the City's Comprehensive Plan. 2. The specific area involved. 3. Whether such use will tend to actually depreciate the area in which it is proposed. 4. The character of the surrounding area. 5. The demonstrated need for such use. Even though SuperValu will be removing the existing shopping center, redevelopment of the site (including Mielke Field) will increase the value of the site. In addition, SuperValuls pro- ject will remove a }alighted structure and an outdated facility, in discussing redevelopment of the field with the Assessor, the impact on adjacent properties will be negligible. The property immediately adjacent to the site is residential. Any develop- ment of the field will require: screening and buffering to mini- mize the impact of any commercial development on the adjacent single family homes. SuperValu believes there is a sufficient market to sustain a commercial development on the Mielke Field and Anthony Shopping Center site. Joan Ahrens of Supervalu stated they plan to start construction in the summer of 1994 with an opening in February 1995. Super - Valu met with the neighbors Monday, February 21, 1994. Bruce Kelley of Planmark also appeared. Chair Magnuson inquired as to the anticipated use of outlots and the buffering for adjacent residential properties. Ahrens responded that no uses known for outlots. (3 February 28, 1994 - Continued Chair Magnuson questioned how close the loading docks would be to the residential properties. Ahrens stated there would be no deliveries between midnight and 5:00 a.m. Kelley stated the building would be at least 60' from the houses, and they are proposing a landscaped berm with wooden fence. There will be no overnight refrigerated trucks. Chair Magnuson asked how will snow removal be handled? Kelley responded that some will be hauled away, and the east side (where little -used parking is) will be used to store snow. Commissioner Hildebrand inquired whether the berm will go all along the perimeter. Kelley stated because of grades, fence will be on east side only. Commissioner Anderson inquired about access from 35th Ave. Kelley stated there won't be an access built at this time --may be built at later date. Chair Magnuson stated the major concern is the residents. The following were heard: Katherine Fuller, 5324 - 34th P1 N, was concerned about reloca- tion if the City wants to acquire property along 34th and 35th. (City does not plan to acquire property.) Mike Hurley, 3549 Regent Ave N, inquired if this will increase property taxes or decrease values and will there be a fence along the east side of the property. Moved by Commissioner Elsen and seconded by Commissioner Hilde- brand to close the public hearing. Motion carried. Moved by Commissioner Elsen and seconded by Commissioner Lun- deen to recommend to the City Council to approve Application #94-2 as submitted by Supervalu Inc. to rezone property from R- 1 (Single Family Residential) District to B-4 (Community Com- mercial) District at 5201 - 36th Ave. N., legally described as Lots 23 and 24, Block 1, Crystal Heights View 2nd Addition. The findings of fact are: Application is consistent with the Comprehensive Plan; area is suitable for community retail/ service uses; opportunity to remove blighted and outdated structures/facility; property will be returned to taxable February 28, 1994 - Continued status thus increasing the tax base. Concern that neighbors be protected from the development. Motion carried. Moved by Commissioner Hildebrand and seconded by Commissioner Nystrom to adjourn. The meeting adjourned at 7:30 p.m. 0-cretary Elsen Motion carried. 9 4 CRYSTAL PLANNING COMMISSION MINUTES March 14, 1994 The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Anderson, Elsen, Lundeen, Magnuson, Nystrom and VonRueden; the following was absent: Hildebrand; also present were Community Development Director Norris and Recording Secretary Scofield. Moved by Commissioner Elsen and seconded by Commissioner Nys- trom to approve the minutes of the February 14, 1994, meeting. Motion carried. Moved by Commissioner Elsen and seconded by Commissioner Ander- son to approve the minutes of the February 28, 1994, meeting Motion carried. I. Chair 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 #94-3 for an addition which will encroach in the required 30' side street side yard setback at 6105 Douglas Drive as requested by Mike Becker. Community Development Director Norris stated the addition would interfere with the sewer line if he did not get a variance. Owners of the houses on either side have no objection. The structure is already non -conforming. Mike Becker stated the addition will not impair the light and air to the adjacent properties, will not increase the danger of fire and will not impair the valuation of other houses in the neighborhood. No one appeared in opposition. Moved by Commissioner Elsen and seconded by Commissioner Lundeen to close the public hearing. Motion carried. Moved by Commissioner Elsen and seconded by Commissioner Anderson that pursuant to Section 515.56 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.13, Subd. 3 a) 2) iii) to grant a variance of 1011" in the required 30' side street side yard setback for a 26' x 28' addition on the existing house at 6105 Douglas Drive, P.I.D. #05- 118-21-11-0072 as requested in Application #94-3 of Mike Becker, 6105 Douglas Drive. The findings of fact are: Certainly no detriment to the surrounding neighbors, in fact will enhance and add value; March 14, 1994 - Continued will not increase fire nor police protection; is a hard- ship lot with the sewer line in the back yard and a rea- sonable request for a corner lot. Motion carried. 2. Chair Magnuson declared this was the time and the place as advertised for a public hearing to consider Application #94-5 as submitted by Norling Motors, Inc. for a condl- ticnal use permit to allow selling motor vehicles in a B-3 (Auto -Oriented Commercial) District at 5521 Lakeland Ave. N. Community Development Director Norris stated Mr. Nor - ling will provide four spaces of parking for employees and six customer parking spaces and. 88 spaces to display cars. He plans to do landscaping and additional curbing. Mr. Norling meets the 11 requirements. Gar sales business is an appropriate interim use in anticipation of future rede- velopment of County Road 81 for 10 to 20 years. Mr. Norling stated he can meet the City's 11 requirements, will sublet the work of painting cars, and will not be parking on the service road (Lakeland). 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 Lundeen and seconded by Commissioner VonRueden to recommend to the City Council to approve. Application #94-5 as submitted by Norling Motors, Inc. for a conditional use permit to allow selling motor vehicles in a B-3 (Auto -Oriented Commercial) District (Section 515.35, Subd. 4 g) at 5521 Lakeland Ave.. N., described as P.I.D. 404-118-21-33-0010. The findings of fact are: City will be creating the open space at Bass Lake Road and County Road 81 as identified in the Corridor Study Plait; re -using a Vacant building; auto sales is appropriate as an interim use; Mr. Norling will meet all 11 conditions and consistent with the Com- prehensive Plan. 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 #94-4 to allow fewer parking spaces than required and to locate the park- ing loss than 15' from 56th ,Ave. N. at 6230 - 56th Ave N. as requested by David P. Johnson. Community bevelopm8nt Director Norris stated Mr. Johnson glans to renovate the Mattress Liquidators building and construct a new 17,000 sq. ft. building according to industry standards. This March 14, 1994 - Continued building will be located along the eastern boundary of the property, approximately 50' south of the northern bound- ary. Access to the site is proposed by two accesses from Elmhurst Avenue and closing the access on Bass Lake Road. Will replace the fence to the north. Todd Christopherson, Amcon Civil Engineer stated the development would be located to minimize impact to the neighborhood and lights would be downcast. Joe Finley, attorney at 150 South 5th Street, stated Skip- per's building would be an impediment to fix up other buildings. Commissioner Anderson asked the proposed hours of operation. David P. Johnson, 3725 Chicago Ave., stated the hours would be 10 a.m. to 9 p.m. Monday through Friday, Saturday 10 a.m. to 5:30 p.m. and Sunday noon to 5 p.m. and pretty certain liquor store would be one of the tenants. Chair Magnuson asked why building would not face highway. Barry Brotland stated majority of traffic is on Bass Lake Road; building is marketing to that traffic. Community Development Director Norris stated the building is located to minimize impact to the residents. The following were heard: Claire Zindler, 6329 Brentwood Ave N Robert Bellos, 6321 Brentwood Ave N Lois Degendorfer, 6309 Brentwood Ave N Gail Baumann, 6509 - 57th Ave N Claudette Thompson,, 6517 - 57th Ave N Bill Kusske, 6500 Brentwood Ave N Paul Winter, 6811 - 58th Ave N Patrick Brannick, 6404 Brentwood Ave N Ann Rest, State Legislator, 3515 Hillsboro Ave N, New Hope Jim Richter, 6502 Cloverdale Ave N Robert Kurvers, 6427 - 58th Ave N David Jaeger, 6505 Brentwood Ave N The following concerns were expressed: Liquor store so close to a park (Minneapolis does not allow within 1,0001); impact on neighborhood of development at each end of Brentwood; want "family-oriented" businesses; too much building for site with possibility of employees parking on street; adjacent alley is a problem now with people urinating and kids drinking; increased traffic; late hours; noise; school bus stop for children kindergarten through 12th grade; give children mixed messages with March 14, 1994 - Continued liquor store near park and difficulty making turn into residential area now. Chair Magnuson concerned with "semis" turning around and where they would park. Commissioner Lundeen asked where the loading docks were. It was stated there were none. Moved by Commissioner Anderson and seconded by Commis- sioner Nystrom that pursuant to Section 515.56 of the Crystal City Code to continue until April 11, 1994, the discussion of allowing 10 fewer parking spaces than the required 110 and to locate the parking less than 15' from 56th Ave. N. at 6230 - 56th Ave N., P.I.D. #04-118-21-32- 0105, as requested in Application #94-4 of David P. Johnson. Motion carried. 4. Consideration of a building permit for a retail video store at 3640 Winnetka Ave. N. as requested by Video Center. Video Center has changed their plans and wants to appear at the April 11, 1994 meeting. 5. Consideration of Variance Application #94-6 for a deck which encroaches in the required 30' rear yard setback at 3436 Kyle Ave. N. as requested by Orville Gulbranson. Moved by Commissioner Elsen and seconded by Commissioner Nystrom to set 7:00 p.m., or as soon thereafter as the matter may be heard, Monday, April 11, 1994, 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 Variance Application #94-6 to grant a variance of 7' in the required 30' rear yard setback (Section 515.1.3, Subd. 4 a) for a deck at 3436 Kyle Ave. N., P.I.I. #07-029-24-12-0205, as requested by Orville Gulbranson. Motion carried. 6. Consideration of Variance Application #94-7 for an addi- tion which will encroach in the required 30' front yard setback at 5318 Maryland Ave. N. as requested by Marcia Hopwood. Moved by Commissioner Anderson and seconded by Commis- sioner Lundeen to set 7;00 p.m., or as soon thereafter as the matter may he heard, Monday, April 11, 1994, as the date and time for a public hearing at which time the Plan- ning Commission will sit as a Board of Adjustmente and Appeals to consider Variance Application #94-7 to grant a variance in the required 301 front yard setback (Section 515.13) for an addition on the existing house at 3318 ,qL,0 0 March 14, 1994 - Continued Maryland Ave. N., P.I.D. #08-118-21-21-0081, as requested by Marcia Hopwood. Motion carried. 6. Discussion items: A. Asked the status of the Benson proposal for 32nd & Brunswick. Will be presented April 5 responding to Planning Commission's Findings of Fact. All residents have been notified. Suggested Planning Commissioners should attend if possible. Chair Magnuson asked if Planning Commissioners could receive City Council agendas. B. Asked if developments such as the Johnson proposal could be considered like a PUD with a site plan and complete proposal and requested staff to draft an ordinance. Moved by Commissioner Elsen and seconded by Commissioner Ander- son to adjourn. The meeting adjourned at 9:10 p.m Motion carried. ,a 4rNa_CJndS?f?-- Chai ".. 0. - e� V Secretary Elsen CRYSTAL PLANNING COMMISSION MINUTES April 11, 1994 Commissioner David Anderson submitted his resignation effective April 11, 1994, as he was appointed by the City Council April 5, 1994, to serve Councilmember Moravec's unexpired term. The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Elsen, Hildebrand, Magnuson, Nystrom and VonRueden; the following was absent: Lundeen; 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 March 14, 1994, meeting. Motion carried. I. Chairperson Magnuson declared this was 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 #94-4 to allow fewer parking spaces than required and to locate the parking less than 15' from 56th Ave. N. at 6230 - 56th Ave N. as requested by David P. Johnson. Community Development Norris stated Mr. John- son plans to remove the Skipper's building and renovate the Mattress Liquidators building. The neighbors have requested keeping the three accesses. The modifications to the site plan are as follows: 1. Remove four parking spaces originally shown immedi- ately south of the existing building; 2. Maintain the access from Bass Lake Road; 3. Relocate both accesses on Elmhurst to align with the alley and Brentwood; 4. Install "no right turn" sign at the north Elmhurst exit from the site; and 5. Install signage requiring all commercial trucks to turn left at both Elmhurst exits from the site. Attorney Joseph Finley, 150 South 5th Street, and David P. Johnson, 3725 Chicago Ave., stated neighbors want retail, and the Skipper's building is an eyesore and hazard. The following were heard: Claire Zindler, 6329 Brentwood Ave N Robert Bellos, 6321 Brentwood Ave N Bill Kusske, 6500 Bernard Ave N Jim Richter, 6502 Cloverdale Ave N Mike Burke, 6605 Cloverdale Ave N Peter Pupeza, 6127 Hampshire Ave N Jim Barstow, 5830 Elmhurst Ave N April 11, 1994 - Continued Joan Perry, 6416 - 57th Ave N Phil Mendenhall, 6704 Cloverdale Ave N The following concerns were expressed: Traffic flow, den- sity, want project downsized, tenancy, loading and impact to neighborhood John Mills, Oakdale, MN and MGM Manager, stated delivery schedule and did not feel it would be a problem. Barry Brotland stated could be a full-service restaurant with 12 deliveries of liquor alone. Mr. Johnson stated this was the plan they had started working on since the fall of 1992 and had already invested $50,000 so would like the proposal to go to the Council. Moved by Commissioner Hildebrand and seconded by Commis- sioner Nystrom to close the public hearing. Motion carried. Moved by Commissioner Elsen and seconded by Commissioner Magnuson 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, Subds. 6) and 8) to allow 16 fewer parking spaces than the required 110 at 6230 - 56th Ave N., P.I.D. #04-118-21-32-0105, as requested in Application #94-4 of David P. Johnson. The findings of fact are: I. Any development is going to impact the neighbor- hood, but lack of development will also impact, and the site is targeted for redevelopment. 2. Will: remove a blighted building. 3. Will increase the tax base. 4. Parking consistent with industry standards. 5. Proposed project is consistent with the City's Com- prehensive Plan. 6. Site improvements will protect and provide buffer- ing between project and neighborhood. The following voted aye: Elsen. The following voted no: Hildebrand, Magnuson, Nystrom and VonRueden. Motion failed 4 to 1. Commission concerns: Parking variance, semi's deliveries and internal issues, traffic impact on neighborhood, neighbors' concerns not totally addressed and want to see site redeveloped but not in current configuration. 2. Consideration of a building permit for a commercial devel- opment at 6230 - 56th Ave. N. by David P. Johnson. ;031 April 11, 1994 - Continued No action was taken because of Planning Commission's concerns. 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 #94-6 for a deck which encroaches in the required 30' rear yard setback at 3436 Kyle Ave. N. as requested by Orville Gulbranson. Building Inspector Barber ,stated the deck exists, and a permit was applied for in 1979 but not .issued as a vari- ance was needed. No one appeared in opposition. Moved by Commissioner Elsen and seconded by Commissioner Nystrom to close the public hearing. Motion carried. Moved byCommissioner Hildebrand and seconded by Coiumis- sioner VonRueden that pursuant to Section 515.56 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 7' in the required 30' rear yard setback for a deck at 3435 Kyle Ave.. N., P.I.D. #07- 029-24-12-0205, as requested in Application: #94-6 of Orville Gulbranson. The findings of fact are: 1. The granting of the variance will not impair the light and air to adjacent properties. 2. It will not increase the danger of fire or endanger the public safety. 3. It will not diminish or impair established property values within the area. 4. The deck has existed for 15 years and removal would create a hardship. Motion carried. 4. Chair declared this was the time and the place as adver- tised for a public hearing to consider approval of the preliminary and final plat of P.I.D. #17-118-21-33-0005, an unplatted parcel, and P.I.D. #17-118-21-33-0007, Lot 2, Block 1, Winnetka Village, located at 3620-40 Winnetka Ave. N. as submitted by Randy Bickman. Plat was not submitted. Moved by Commissioner Elsen and seconded by Commissioner Hildebrand to continue until May 9 meeting the discussion of approval of the preliminary and final plat which is a replat of P.I.D. #17-118-21-33-0005, an unplatted parcel, and P.I.D. #17-118-21-33-0007, Lot 2, Block 1, Winnetka '�_0A'i April 11, 1994 - Continued Village, located at 3620-40 Winnetka Ave. N. as submitted by Randy Bickman. Motion carried. 5. Consideration of a building permit for a retail video store at 3640 Winnetka Ave. N. by Video Center. Moved by Commissioner Hildebrand and seconded by Commis- sioner Elsen to recommend to the City Council to approve authorization to issue a building permit for a retail video store located at 3640 Winnetka Ave. N., P.I.D. #17- 118-21-33-0005, subject to standard procedure. Motion carried. 6. Chair 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 #94-7 for an addition which will encroach in the 30' front yard setback at 5318 Maryland Ave. N. as requested by Marcia Hopwood. Mrs. Hopwood did not submit her application in time. Moved by Commissioner Elsen and seconded by Commissioner Nystrom that pursuant to Section 515.56 of the Crystal City Code to reset the hearing to May 9, 1994, to discuss granting a variance of 4' in the required 30' front yard setback for an addition at 5318 Maryland Ave. N., P.I.D. #08-118-21-21-0081, as requested in Application #94-7 of Marcia Hopwood. Motion carried. 7. Consideration of a variance application for a deck which will encroach in the required 30' rear yard setback at 5319 54th Ave. N. as requested by John and Jodi Jovanovich. Moved by Commissioner Nystrom and seconded by Commissioner Hildebrand to set 7:00 p.m., or as soon thereafter as the matter may be heard, Monday, May 9, 1994, 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 a variance application to grant a variance in the required 30' rear yard setback (Section 515.13, Subd. 4 a) for an addition at 5319 54th Ave. N., P.I.D. #09-118-21- 12-0041, as requested by John and Jodi Jovanovich. Motion carried. 8. Consideration of a conditional use permit to allow outside storage in an I-2 District at 5207 Douglas Dr. N. as requested by Lynda Stasica, 4207 Hampshire Ave. N. Moved by Commissioner Elsen and seconded by Commissioner Nystrom to set a public hearing before the Planning Com- IQs April 11, 1994 - Continued mission at 7:00 p.m., or as soon thereafter as the matter may be heard, Monday, May 9, 1994, to consider the request of Lynda Stasica for a conditional use permit to allow outside storage of aggregate materials and vehicles pertaining to a landscape business in an I-2 (Heavy Indus- trial) District (Section 515.41, Subd. 4a) at 5207 Douglas Dr. N., P.I.D. #08-118-21-11-0128. Motion carried. 9. Discussion items: A. Consideration of amending the Sign Ordinance. Should amend the ordinance and requested staff put in ordi- nance form. B. Consideration of a Site Plan Review Ordinance. Fur- ther discussion May 9 meeting. C. Research how other cities handle pawn shops. D. Benson/Nafstad property proposal for rezoning at Coun- cil April 19 meeting. E. Commissioner Hildebrand is resigning as of April 12 as moving out of Crystal --thanks and good luck. Moved by Commissioner Hildebrand and seconded by Commissioner Nystrom to adjourn. Motion carried. The meeting adjourned at 9:43 p.m. :Gt�t'. ins Chair M gnus ecretary Elsen CRYSTAL PLANNING COMMISSION MINUTES May 9, 1994 The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Lundeen, Magnuson, Nystrom, Risvold and VonRueden; 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 Lun- deen to approve the minutes of the April 11, 1994, meeting. Motion carried. On April 19, 1994, the City Council moved to appoint Richard Risvold as a Planning Commissioner to the term expiring Decem- ber 31, 1996 for Ward 4. Chair Magnuson swore in new Planning Commissioner Richard Risvold. 1. Chair declared this was the continuation of the public hearing to consider approval of the preliminary and final plat of P.I.D. #17-118-21-33-0005, an unplatted parcel, and P.I.D. #17-118-21-33-0007, Lot 2, Block 1, Winnetka Village, located at 3620-40 Winnetka Ave. N. as submitted by Randy Bickman. Moved by Commissioner Nystrom and seconded by Commissioner Lundeen to continue until June 13, 1994, the discussion of approval of the preliminary and final plat which is a replat of P.I.D. #17-118-21-33-0005, an unplatted parcel, and P.I.D. #17-118-21-33-0007, Lot 2, Block 1, Winnetka Village, located at 3620-40 Winnetka Ave. N. as submitted by Randy Bickman. Motion carried. 2. Chair 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 #94-7 for an addition to the garage which will encroach in the required 30' front yard setback at 5318 Maryland Ave. N. as requested by Mar- cia Hopwood. Mrs. Hopwood stated she thought the house would look too boxy if she would make the addition smaller and not encroach in the front yard setback. Building Inspector Barber stated he felt this request would be set- ting a precedent. He also stated Mrs. Hopwood is request- ing a 7' variance not a 4' variance based on information she gave staff at the meeting and would like her to iden- tify the property corners. 07 May 9, 1994 - Continued Moved by Caiamissioner Lundeen and seconded by Comnissioner Nystrom that pursuant to Section 515.56 of the Crystal City Code to continue until June 13, 1994, the discussion of granting a variance of 4' in the required 30' front yard setback for an addition to the garage at 5318 Mary- land Ave. N., P.I.D. #08-118-21-21-008.1, as requested in Application 094-7 of Marcia Hopwood. Motion carried. 3. Chair Magnuson declared this was the time and advertised for a public hearing at which gime Commission will sit as a Board of Adjustments to consider Variance which will encroach at 5319 54th Ave. N. Jovanovich. the the and place as Planning Appeals Application #94-8 to replace the deck in the required 30' rear yard setback as requested by John and Jodi Building Inspector Barber stated there is a hardship of the lot being only 70' deep as the owners want to replace the 8' x 10' deck with a 14' x 14' deck which will encroach 25' of the 30' rear yard setback. Jodi Jovanovich, 5319 54th Ave. N. stated the former deck was rotten and wanted to replace it with a larger one to accommodate a picnic table, etc. No one appeared in opposition. Moved by Commissioner Nystrom and seconded by Commissioner Risvold to close the public hearing. Motion carried. Moved by Commissioner Lundeen and seconded by Commissioner VonRueden that pursuant to Section 515.56 of the Crystal City Coda to recommend to the City Council to vary or mod- ify the strict application of Section 515.13, Subd. 4 aj to grant a variance of 25, in the required 301 rear yard setback to replace the 8' x 10' deck with a 14' x 14' deck at 5319 54th Ave. N., P.I.D. #09-118-21-12-0041, as requested in Application #94-8 of John and Jodi Jovanovich. The findings of fact are: Because of the size of lot there is a hardship, deck will not be built in the rear easement, adequate area between house and neighbor behind and did consider building the structure to Inspector Bar- ber's recommendation but prefer a larger deck. The following voted aye: Lundeen, Magnuson, Risvold and VonRueden. The following voted no: Nystrom. Motion carried 4 to 1. 4. Chair Magnuson declared this was the time and the place as advertised for a public hearing to consider Application; 02 May 9, 1994 - Continued #94-9 as submitted by Lynda Stasica, 4207 Hampshire Ave. N., for a conditional use permit to allow outside storage in an I-2 (Heavy Industrial) District at 5207 Douglas Dr. N. Building Inspector Barber stated the area will be screened, but he has a concern with the close proximity to residents. The area has to be hard surfaced and has no storm sewer. Lynda Stasica said all she could afford was recycled blacktop not 4" bituminous nor 2" concrete. The following were heard in opposition: Ben Helmin, 5220 Georgia Ave. N. Jim Tousignant, 5225 Georgia Ave. N. The following concerns were expressed: Had thought pro- ject was farther to the east on Douglas Drive, don't think business is needed, will create dust and noise, neighbors do not want and didn't think needed a petition. Moved by Commissioner Nystrom and seconded by Commissioner Lundeen to close the public hearing. Motion carried. Moved by Commissioner Nystrom and seconded by Commissioner Lundeen to recommend to the City Council to deny Applica- tion #94-9 as submitted by Lynda Stasica, 4207 Hampshire Ave. N., for a conditional use permit to allow outside storage in an I-2 (Heavy Industrial) District at 5207 Dou- glas Dr. N., P.I.D. #08-118-21-11-0128. The findings of fact are: Does not comply with the Com- prehensive Plan, this is a residential neighborhood, the use will create a hardship to the neighbors, no demon- strated need and tends to depreciate the area. Motion carried. 5. Consideration of Variance Application #94-10 for a pump island canopy which will encroach in the required 22' front setback at 3401 Douglas Dr N as requested by Luverne Klinkner, Douglas Drive Service Center. Moved by Commissioner Lundeen and seconded by Commissioner Nystrom to set 7:00 p.m., or as soon thereafter as the matter may be heard, Monday, June 13, 1994, 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 Variance Application #94-10 to grant a vari- ance of 12-12' in the required 22' front setback (Section 515.13, Subd. 2 b) for a pump island canopy at the Douglas Drive service Center at 3401 Douglas Dr N, P.1,D. #20-118- 21-11-0015, as requested by Luverne Klinkner. Motion carried. inI May °, 1994 - Continued 6. Consideration of amendment to the Sign Ordinance. Moved by Commissioner Nystrom and seconded by Commissioner Risvold to recommend to the City Council to approve an amendment to the Sign Ordinance to provide for additional wall signs for large single user buildings. Motion carried. 7. Discussion items: A. Consideration of a Site Plan Approval Process. Requested staff to work further on the process. B. Consideration of a Moratorium on Pawn Shop Licenses. Moved by Commissioner Nystrom and seconded by Commis- sioner Lundeen to recommend approval of a moratorium on Pawn Shop Licenses. Motion carried. C. David P. Johnson's redevelopment at 6230 56th Ave. N. was down -sized and approved by the Council on May 3. D. On May 10 the EDA Advisory Committee will discuss redevelopment of the old Kentucky Fried Chicken corner. E. Reminder of Monday, May 16, 1994, meeting to approve the site plan and issue a building permit for a super market located at 5201 36th Ave. N. by Supervalu, Inc. Moved by Commissioner Lundeen and seconded by Commissioner Nys- trom to adjourn. Motion carried. The meeting adjourned at 8:25 p.m. Chair Magnus 4��M /_ I V SecretziH Mndeen C; - CRYSTAL PLANNING COMMISSION MINUTES Maar 16, 1994 The special meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Elsen, Lundeen, Mag- nuson, Nystrom, Risvold and VonRueden; also present were Commu- nity Development Director Norxis and Recording Secretary Scofield. Public Works Director Monk was also in attendance. Consideration of the site plan and a building permit for a supermarket at 5201 36th Ave. N. as requested by SuperValu Inc. community [development Director Norris stated SuperValu is proposing to build a 90,000 square foot supermarket. The east- ern two acres will be two outlots which will not be developed at this time. Construction on the supermarket and 36th Ave. improvements will begin this year and completed next year. The primary access will be on 36th Ave. N. and be a new signalized intersection. The State will take Nicklow's, Burger Icing and the Sinclair Station when it upgrades Hwy 100. The site plan provides 567 parking spaces with 12 for disabled (City requires 551 spaces). The loading docks on the south side of the build- ing will be at least 60 ft. from the neighboring residential properties. The free-standing lights will minimize glare to the adjacent residential properties. SuperValu on the south will screen the traffic and landscape with a 4-5 ft. wide berm with an 8 ft. fence and plantings of trees on the south side of the berm. There will be plantings along 36th Ave., and the outlots will be green space. Drainage will be handled off- site, and SuperValu will be paying a fee to provide that drainage. SuperValu has had two meetings with neighborhood residents. Joan Ahrens of SuperValu stated the remaining businesses want the access left open near the frontage road. Jim Moore, stated the catch basins will handle drainage to Nicklow's. They plan to maintain the existing chain link fence at the eastern edge of the outlots. Moved by Commissioner Lundeen and seconded by Commissioner Nys- trom to recommend to the City Council to approve authorization of the site plan and to issue a building permit for a super market located at 5201 36th Ave. N., P.I.D. 07-029-24-22-0023 and 07-029-24-22-0024, subject to standard procedure including Bill Monk's seven recommended conditions: 1) The access/parking area at the main site entrance be modi- fied to coincide with final layout of 36th Ave. May 16,1994 - Continued 2. Improvements be included to provide separation from the commercial uses to the west. This shall include some man- ner of physical barrier (curb) as well as buffering (landscaping). 3. The owner secures Watershed, MNDot and PCA approval of the redevelopment plan. The conditions of said approvals shall be made a part of the City's approval. 4. The owner agrees to pay a yet -to -be -determined charge for enlargement of the downstream pond in Bassett Creek Park. This charge shall be in place of providing on-site ponding. 5. The owner agrees to pay an annual maintenance charge to Crystal for the cleaning of the on-site sump catch basins by City crews. Further, an annual charge shall be paid for maintenance of the regional pond. 6. A plan shall be submitted for separate City approval regarding temporary erosion, dust, noise and access con- trol. This plan must be in place before commencement of site demolition. 7. A standard site improvement agreement including financial surety shall be required as part of the site plan process. Motion carried. Moved by Commissioner Elsen and seconded by Commissioner Nys- trom to adjourn. The meeting adjourned at 7:28 p.m. Motion carried. Chair Mcigf on CRYSTAL PLANNING COMMISSION MINUTES June 13, 1994 The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Elsen, Koss, Magnuson, Mal- oney, Nystrom and VonRueden; the following were absent: Lundeen and Risvold; also present were Community Development Director Norris, Building Inspector Barber and Planner Peaslee. Moved by Commissioner Elsen and seconded by Commissioner Nys- trom to approve the minutes of the May 9 and 16, 1994, meetings. Motion carried. On May 24, 1994, the City Council moved to appoint Frank Koss as a Planning Commissioner to the term expiring December 31, 1996 for Ward 1 and JoAnn Hagen Maloney as a Planning Commis- sioner to the term expiring December 31, 1994 for Ward 2. Chair Magnuson swore in new Planning Commissioners Frank Koss and JoAnn Hagen Maloney. I. Chair Magnuson declared this was a continuation of the public hearing to consider approval of the preliminary and final plat of P.I.D. 017-118-21-33-0005, an unplatted par- cel, and P.I.D. #17-118-21-33-0007, Lot 2, Block 1, Win- netka Village, located at 3620-40 Winnetka Ave. N. as submitted by Randy Bickmann. Moved by Commissioner Elsen and seconded by Commissioner Nystrom to close the public hearing. Motion carried. Moved by Commissioner Elsen and seconded by commissioner Nystrom to recommend to the City Colancil to approve the preliminary and final Bickmann Plat which is a replat of P.I.D. 017-118-21-33-0005, an unplatted parcel, and P.I.D. 017-118-21-33-0007, Lot 2, Block 1, 'Winnetka Village, located at 3620-40 Winnetka Ave. N. as submitted by Randy Bicknann. The findings of fact are: This is a housekeeping issue of putting things in order and an improved use of the land with a benefit to the City. Motion carried. 2. Chairperson Magnuson declared this was 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 #94-7 for an addition to the garage which will encroach in the required 3+01 front yard setback at 5316 Maryland, Ave. N. as recfuested by Marcia Hopwood. d, 1 June 13, 1994 - Continued Building Inspector Barber stated all the houses in this block are set back 351. The proponents were not present. No one appeared in opposition. Moved by Commissioner Nystrom and seconded by Commissioner Koss to close the public hearing. Motion carried. Moved, by Commissioner Koss and seconded by Commissioner Nystrom that pursuant to Section 515.56 of the Crystal City Coda to recommend to the City council to deny grant- ing a variance of 21 in the required 30' front yard set- back for an addition to the garage at 5313 Maryland Ave.. N., P.I.D. #08-118-21-21-0081, as requested in Application #94-7 sof Marcia Hopwood. The findings of fact are: sight lines would be changed; adequate garage and living space structure can be built within the setbacks as specified by the Zoning Ordinance and would be setting a precedent for the neighborhood. The following voted aye: Koss, Magnuson, Maloney, Nys- trom, Risvold and VonRueden. The following voted no: Elsen. 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 #94-10 for a pump island canopy which will encroach in the required 22' front yard setback at the Douglas Drive Service Center at 3401 Douglas Dr N as requested by Luverne Klinkner. No one appeared in opposition. Moved by Commissioner Koss and seconded by Commissioner Nystrom to close the public hearing. Motion carried. Moved by Commissioner Elsen and seconded by Commissioner VanRueden 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. 2 b) to grant a variance of 13.5' in the required 22' front Yard setback for a pump island canopy at the Douglas Drive Service Center at 3401 Douglas Dr N, P.I.D. #20-118-21-11- 0D15, as requested in Application #94-10 of Luverne Rlinkner. June 13, 1994 - Continued The findings of fact are: 1) The installation will not impair supply of light and/or air to adjacent properties. 2) Will not effect congestion in the area. 3) Will not endanger the public safety. 4) Will not diminish property values within the neighborhood. 5) Reasonable request given the type of structure. Not practical to set back at 22' as canopy would not be over island area. 6) Increase safety for customers. Motion carried. 4. Chair Magnuson declared this was the time and the place as advertised for a public hearing to consider Application #94-11 as submitted by Kevitt Excavating, Inc. for a con- ditional use permit to allow open and outdoor storage of materials and equipment used in operation of an excavating contractor's business in an 1-2 (Heavy Industrial) Dis- trict at 3335 Pennsylvania Ave. N. Eight trucks are involved. Jim Merila explained the sediment basin to the Commission. Expansion of the stockpile would need further. review. No one appeared in opposition. Moved by Commissioner Nystrom and seconded by Commissioner Koss to close the public hearing. Motion carried. A. Moved by Commissioner Elsen and seconded by Cc-mmi.s- sioner Nystrom to recommend to the City Council to approve Application #94-11 as submitted by Devitt Excavating, Inc. for a conditional use permit to allow open and outdoor storage of materials and equipment used in operation of an excavating contractor's busi- ness in an 1-92 (Heavy Industrial) District (Section 515.41, Subd. 4 a) and 515.39, Subd. 4 a) at 3335 Pennsylvania Ave. N., P.I.D. #20-118.21-23-0009, The findings of fact are: 1) Reasonable request for an I-2 area. 2) Staff has done an outstanding job with environmen- tal issues. 3) Viable and most intensive use of the property. 4) Area proposed is not directly adjacent to the res- idential zoned property. Motion carried. B. Moved by Commissioner Nystrom and seconded by Commis- sioner Maloney to recommend to the City Council to June 13, 1994 - Continued approve authorization to issue a building permit for the project located at 3335 Pennsylvania Ave. N., P.I.D. #20-118-21-23-0009, subject to standard procedure. Motion carried. 5. Consideration of Application #94-12 of Munn, Inc. for a conditional use permit to allow the placing of an above- ground fuel tank at a contractor's yard in an I-2 (Heavy Industrial) District at 5141 Lakeland Ave. N. Moved by Commissioner Nystrom and seconded by Commissioner VonRueden 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, July 11, 1994, to consider the request of Munn, Inc. in Application #94-12 for a condi- tional use permit to allow the placing of a 1,000 gallon above -ground tank of diesel fuel at a contractor's yard in an I-2 (Heavy Industrial) District at 5141 Lakeland Ave. N., P.I.D. # 09-118-21-24-0002. Motion carried. 6. Concept review and consideration of variance application to allow fewer parking spaces than required at 6800 - 56th Ave. N. as requested by BC Northland Inc. (for a restaurant). Moved by Commissioner Maloney and seconded by Commissioner Nystrom to set 7:00 p.m., or as soon thereafter as the matter may be heard, Monday, July 11, 1994, 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 to allow four fewer parking spaces than the required 52 spaces (Section 515.09, Subd. 8 v) at 6800 - 56th Ave. N., P.I.D. #05-118-21-42-0039, as requested by BC Northland Inc. (for a restaurant). Motion carried. 7. Consideration of application for rezoning property from BT 4 (Community Commercial) District to B-3 (Auto -oriented Commercial) District and an application for a conditional use permit to allow operating a service station in a B-3 District at 5353 West Broadway; consideration regarding approval of the preliminary and final plat located at 5353 and 5359 West Broadway; and variance applications for a canopy and the building which will encroach in the required 22' front yard setback and 22' side street side yard setback at 5353 and 5359 West Broadway as requested by SuperAmerica Stations, 1240 W. 98th St., Bloomington, MN Moved by Commissioner Maloney and seconded by Commissioner Elsen to set 7:00 p.m., or as soon thereafter as the mat- ter may be heard, Monday, July 11, 1994, as the date and June 13, 1994 - Continued time for a public hearing at which time the Planning Com- mission will sit as a Board of Adjustments and Appeals to consider the requests of SuperAmerica Stations; A. An application for rezoning property from B-4 (Community Commercial) District to B-3 (Auto -oriented Commercial) District and an application for a condi- tional use permit to allow operating a service station in a B-3 District at 5353 West Broadway. B. Approval of the preliminary and final plat which is a re -plat of Lot 7 & N 48 Ft of S 148 Ft of Lot 1 Ex Road and Lot 8 & That Part of Lot 1 Lying N of the S Line of Lot 8 extended E Ex Rd located at 5353 and 5359 West Broadway. C. A variance application for a canopy which will encroach in the required 22' front yard setback and the building which will encroach 20' in the 22' side street side yard setback at 5353 and 5359 West Broad- way as requested by SuperAmerica Stations, 1240 W. 98th St., Bloomington, MN Motion carried. 8. Discussion items: A. Consideration of pawn shop license requirements. Staff will do further work. Additional requirements would be specified either by licensing or zoning whichever is most appropriate. S. Consideration of site plan review and policies regard- ing rezoning applications. Staff is to check other municipalities to see how handled. C. Chair Magnuson inquired about the status of the car wash at SuperAmerica on 36th & Winnetka. SuperAmerica had a delay but is now proceeding with plans. Moved by Commissioner Elsen and seconded by Commissioner Nys- trom to adjourn. Motion carried. June 13, 1994 - Continued The meeting adjourned at 8:42 •K Chair Iftagniis CRYSTAL PLANNING COMMISSION MINUTES July 11, 1994 The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Elsen, Koss, Lundeen, Magnu- son, Maloney, Nystrom, R.isvold and VonRueden; also present were Community Development Director Norris, Building Inspector Bar- ber, Planner Peaslee and Recording Secretary Scofield. Moved by Commissioner Elsen and seconded by Commissioner Nys- trom to approve the minutes of the June 13, 1994, meeting. Motion carried. I; Chair Magnuson declared this was the time and the place as advertised for a public hearing to consider Application #94-12 as submitted by Munn, Inc. for a conditional use permit to allow the placing of a 1,000 gallon above -ground tank of diesel fuel at a contractor's yard in an I-2 (Heavy Industrial) District at 5141 Lakeland Ave. N. Com- munity Development Director Norris stated Fire Chief McGinty concerned with fire suppression and Public Works Director Monk concerned with spillage in filling vehicles as location of tank would drain immediately east and south into the wetland; therefore staff recommends denial. Mr. Munn stated this type of tank is used around Crystal and the airport. The tank would have a 1,500 gallon 3 -inch concrete tomb to prevent spillage. Munn forced to spend hundreds of dollars each week to got fuel elsewhere. No one appeared in opposition. Moved by Commissioner Maloney and seconded by Commissioner Lundeen to continue until August 8, 1994, the discussion of Application #94-12 as submitted by Munn, Inc. for a conditional use permit to allow the placing of a 1,040 gallon above -ground tank of diesel, fuel at a contractor's yard in an I-2 (Heavy Industrial) District (Section 515.39, Surd. 4 a) at 5141 Lakeland Ave. N. P.I.D. #09- 118-21-2.4-0002. Staff was directed to check if Tina's 'Pres Service has such a tank. Motion carried. 2. Chair Magnuson declared this was the time and the place as advertised for a public hearing to consider Application #94-13 as submitted by SuperAmerica Stations to rezone the property from B-4 (Community Commercial) District to B-3 (Auto -oriented Commercial) District, 5353 West Broadway; Application #94-14 for a conditional use permit to allow operating a service station in a B-3 District at 5353 and 5359 West Broadway; variance Application #94-15 for a canopy on the building which will encroach in the required /7 July 11, 1994 - Continued 22' front yard setback and 22' side street side yard set- back at 5353 and 5359 West Broadway; and a building per- mit. Planner Peaslee stated the property is surrounded by commercial. uses (Market Tire) and residential. it is pro- posed to take out one entrance on West Broadway and one on Edgewood. Existing trees probably will be damaged in the demolition of the building and. will need replacement. Sam VanTassel of SuperAmerica stated this will be a smaller building than the usual station built because of the lot size. The building will have a series of arches and brick face, and one presently exists like it at Ban- dana Square in St. Paul. Market Tire and residents to the south would prefer SuperAmerica would retain the north entrance on Edgewood. Bill Jurkens, 5301 Douglas Drive (Octopus Car Wash), stated this would be a good addition since it would improve the area, and there would be no room for a car wash. Moved by Commissioner Elsen and seconded by Commissioner Lundeen to close the public hearing. Motion carried. A. Moved by Commissioner Elsen and seconded by Commis- sioner Koss to recommend to the City Council to approve Application #94-13 to rezone property from B-4 (Community Commercial) District to B-3 (Auto -oriented Commercial) District, 5353 West Broadway legally described as Lot 7 & N 48 Ft of S 148 Ft of Lot 1 Ex Road, Becker's Addition. The findings of fact are: Rezoning is consistent with the Comprehensive Plan; use will not tend to depreci- ate the area; character of area is consistent with the proposed use and uses otherwise permitted in the zone; a demonstrated need for such use and will get rid of spot zoning. Motion carried. S. Moved by Commissioner Koss and seconded by Commis- sioner Risvold to recommend to the City Council to approve Application #94-14 for a conditional use per- mit to allow operating a service station in a B-3 (Auto -Oriented) District (Section 515.35, Subd. 4 c) at 5353 and 5359 West Broadway, P.I.D. #08-118-21-11- 0007 and #08-118-21-11-0008. The findings of fact are: Consistent with Comprehen- sive Plan; use will not tend to depreciate the area; character of area is consistent with proposed use and AO July 11, 1994 - Continued uses otherwise permitted in the zone and a demon- strated need for such use. Motion carried. C. Moved by Commissioner Lundeen and seconded by Commis- sioner Risvold that pursuant to Section 515.56 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.13, Subd. 2 b) and Subd. 3 b) 2) to grant a vari- ance of 12 ft. in the required 22' front yard setback and 19' in the 22' side street side yard setback to erect a canopy at SuperAmerica, at 5353 and 5359 West Broadway, P.I.D. #08-118-21-11-0007 and #08-118-21-11- 0008 as requested in Application #94-15 of SuperAmer- ica Stations, 1240 W. 98th St., Bloomington, MN. The findings of fact are: Will not impair an adequate supply of light and air to adjacent property; will not unreasonably increase the congestion in public streets, and will likely decrease congestion because of the elimination of two street access points; will not increase danger of fire or otherwise endanger the public safety and will not unreasonably diminish or impair established property values within the neigh- borhood, or in any other way be contrary to the intent of the zoning code. The hardship is caused by loss of lot area because of additional right of way acquired by Hennepin County Road 8: the required site improvements and building cannot be built without the variance; the plight of the landowner is unique to the property and not cre- ated by the landowner and the variance will not alter the essential character of the locality. Motion carried. D. Consideration of a building permit for a service sta- tion at 5353 and 5359 West Broadway as requested by SuperAmerica Stations. Moved by Commissioner Koss and seconded by Commis- sioner Maloney to recommend to the City Council to approve authorization to issue a building permit for a service station at 5353 and 5359 West Broadway, P.I.D. 408-118-21-11-0007 and #08-118-21-11-0008, subject to standard procedure and subject to the following stipulations: 1. The waste enclosure shall be faced with brick matching the building. 2. A screening wall faced with brick or otherwise styled in keeping with the building shall be con- structed from the building to the waste enclosure. '+ July 11, 1994 - Continued A landscaping berm could be substituted for a wall. 3.. The west facade of the building shall be land- scaped in manner designed to relieve the monotony of the facade. The City shall permit the appli- cant to use the boulevard area for these plantings. 4. Existing trees planned to be retained on the site shall be replaced if lost by construction damage or other cause. 5. Construction delivery and demolition removal traf- fic shall be limited. to West Broadway. Routes for this traffic shall not include residential streets. 6. The two parcels shall be platted within one year of building permit approval. 7. A site improvement agreement shall be executed by the applicant and a financial, guarantee to cover the cast of landscaping, site improvements and platting shall be provided by the developer. Motion carried. 3. Chair Magnuson declared this was the time and the place as advertised for a public hearing at which time the Manning Commission will sit as a Board of Adjustments and Appeals to consider Variance application 094-16 for an addition on the existing house which will encroach in the required 30 ft. rear yard setback at 6727 valley Place North as requested by Greg and Foxy Gray. Planner Peaslee stated this was a reasonable request and there is a natural buffer to the park. Greg Gray stated there was no problem with the soil condi- tions for this house. No one appeared in opposition. Moved by Commissioner Lundeen and seconded by Commissioner Elsen to close the public hearing. Motion carried. Moved by Commissioner Risvold and seconded by Commissioner Koss that pursuant to Section 5.15.56 of the Crystal City Coda 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 6 ft, in the required 30 ft. rear yard setback for an addition on the existing house at 6727 Val- ley Place North, P.I.D. #20-118-21-13-0762, as requested in Application X94-16 of Greg and Roxy Cray. The findings of fact are: Will not impair an adequate supply of light and air to adjacent property; will not unreasonably increase the congestion in public streets; will not increase the danger of fire or otherwise endanger July 11, 1994 - Continued the public safety and will not unreasonably diminish or impair established property values within the neighbor- hood, or in any other way be contrary to the intent of the zoning code. Motion carried. 4. Chair Magnuson declared this was the time and the place as advertised for a public hearing to consider approval of the preliminary and final plat of Cub Foods Addition located at 5201-5311 - 36th Avenue North as submitted by Supervalu, Inc. Moved by Commissioner Elsen and seconded by Commissioner VonRueden to recommend to the City Council to approve the preliminary and final plat of Cub Foods Addition which is a replat of P.I.D. #07-029-24-22-0023, 07-029-24-22-0024 and 07-029-24-22-0082 (known as Mielke Field and Anthony Shopping Center) property is located at 5201-5311 - 36th Avenue North as submitted by SuperValu, Inc. Motion carried. 5. Consideration of a building permit for an addition to the existing building at 5257 Hanson Court as requested by Industrial Stainless Supply, Inc. Moved by Commissioner Lundeen and seconded by Commissioner Maloney to recommend to the City Council to approve authorization to issue a building permit for a 35' x 50' addition to the existing building located at 5257 Hanson Court, P.I.D. #09-118-21-22-0024, subject to standard procedure. Motion carried. 6. Concept review and consideration of the request of BC Northland for a conditional use permit to allow a conve- nience food establishment in a B-3 District at 6800 - 56th Ave. N. Moved by Commissioner Lundeen and seconded by Commissioner VonRueden 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, August 8, 1994, to consider the request of BC Northland for a conditional use permit to allow a convenience food establishment in a B-3 (Auto -Ori- ented Commercial) District (Section 515.35, Subd. 4 a) at 6800 - 56th Ave. N., P.I.D. #05-118-21-42-0039. Motion carried. 7. Site plan review and consideration of a building permit for an off -sale liquor store at 5201 - 36th Ave. N. as requested by Chalet Liquors. July 11, 1994 - Continued Roger Jensen, representing Nicklow's who owns the building and will lease to Chalet, agreed to concerns of Planning Commission regarding the berm and year -around screening between commercial and residential. Moved by Commissioner Koss and seconded by Commissioner Risvold to recommend to the City Council to approve site plan including authorization to issue a building permit for an off -sale liquor store located at 5201 - 36th Ave. N., P.I.D. #07-029-24-22-0023, subject to standard proce- dure and providing year -around screening with adequately dense and substantial height evergreens for adjacent resi- dential properties and a fence up to the building includ- ing the dumpster area. Motion carried. 8. Discussion item: Consideration of pawn shop requirements. Robert Braman stated has stores in St. Paul, Hopkins, Fridley; 80% of customers redeem items; video tape the transactions; work on 30-35% ;margin; don't take merchandise without product number; in contact with Police Dept. (as less than 1/2 of 1% is stolen merchandise); hours are 10 a.m. to 7p.m. Staff directed to contact Hopkins for requirements. Moved by Commissioner Elsen and seconded by Commissioner Risvold to adjourn. The meeting adjourned at 10:03 Motion carried. p.m. Chair Mag use C CRYSTAL PLANNING COMMISSION MINUTES August 8, 1994 The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Elsen, Koss, Lundeen, Mal- oney, Nystrom, Risvold and VonRueden; the following was absent: Magnuson; also present were Planner Peaslee and Recording Sec- retary Scofield. Moved by Commissioner Nystrom and seconded by Commissioner Koss to approve the minutes of the July 11, 1994, meeting. Motion carried. 1. Vice Chair Elsen declared this was a continuation of the public hearing to consider Application #94-12 as submitted by Munn, Inc. for a conditional use permit to allow the placing of a 1,000 gallon above -ground tank of diesel fuel at a contractor's yard in an I-2 (Heavy Industrial) Dis- trict at 5141 Lakeland Ave. N. Staff thinks request would be inappropriate as far as environmental problems with possible spills would go into the wetland and into Twin Lake. Fire Chief stated the property lacks a fire hydrant. Shingle Creek Watershed backed up City's and staff's concerns. No one appeared in opposition. Moved by Commissioner Lundeen and seconded by Commissioner Nystrom to close the public hearing. Motion carried. Moved by Commissioner Nystrom and seconded by Commissioner Lundeen to recommend to the City Council to deny Applica- tion #94-12 as submitted by Munn, Inc. for a conditional use permit to allow the placing of a 1,000 gallon above- ground tank of diesel fuel at a contractor's yard in an I- 2 (Heavy Industrial) District (Section 515.39, Subd. 4 a) at 5141 Lakeland Ave. N. P.I.D. #09-118-21-24-0002. The findings of fact are: A. The original conditional use permit for Munn Inc. to operate a contractor's yard specifically prohibits the storage of above -ground storage tanks on the site. B. The site is located immediately adjacent to a wetland area. C. All drainage from the site goes immediately into the wetland area. D. Any spills from any fuel storage and dispensing tank on the site would lead directly into the wetland and J_ August 8, 1994 - Continued create significant environmental consequences for the wetland and watershed. Motion carried. 2. Vice Chair Elsen declared this was the time and the place as advertised for a public hearing to consider Application #94-18 as submitted by Northstar Restaurants, Inc. (formerly B C Northland) for a conditional use permit to allow a convenience food establishment in a B-3 District at 6800 - 56th Ave. N. Planner Peaslee stated Ground Round and Arby's would give an easement to install a water line and hydrant for better protection. This proposal is consistent with the Comprehensive Plan Community Retail and meets the Commercial/Mixed Use objectives and policies as cited in the August 4 Staff Report. Chris Lombardy, Vice President of the local franchi8es, passed out pictures of a prototype and stated the usual Boston Chicken has 50% carry out and 50% eat in (54 seats), similar to a LeeAnn Chin buffet line. Have two spaces over the parking requirement. Plan to move the curb cut 15' to the east and there is a rear access through Ground Round. No one appeared in opposition. Moved by Commissioner Lundeen and seconded by Commissioner Nystrom to close the public hearing. Motion carried. A. Moved by Commissioner Risvold and seconded by Commis- sioner Koss to recommend to the City Council to approve Application #94-18, as submitted by Northstar Restaurants, Inc. (formerly B C Northland) for a con- ditional use permit to allow a convenience food estab- lishment in a B-3 (Auto -Oriented Commercial) District (Section 515.35, Subd. 4 a) at 6800 - 56th Ave. N., P.I.D. #05-118-21-42-0039. The findings of fact are: 1) The CUP for a Boston convenience restaurant to allow a convenience food establishment in a B-3 (Auto -Oriented Commercial) District is consistent with the Comprehensive Plan. 2) The use will not tend to depreciate the area. 3) The character of the area is consistent with the proposed uses otherwise permitted in the zone. 4) There is a demonstrated need for such use. Motion carried. B. Consideration of a site plan approval for a building permit for a restaurant at 6800 - 56th Ave. N. as �'Gk August 8, 1994 - Continued requested by Northstar Restaurants, Inc. (formerly B C Northland). Moved by Commissioner Koss and seconded by Commis- sioner Lundeen to recommend to the City Council to approve authorization to issue a building permit for a 44' x 74' restaurant at 6800 - 56th Ave. N., P.I.D. #05-118-21-42-0039, subject to standard procedure sub- ject to the following stipulations: 1) Existing trees planned to be retained on the site shall be replaced if lost by construction damage or other cause. Substandard trees shall be removed and replaced on the recommendation of the City Forester. 2) The waste enclosure shall match the materials used in the construction of the building 3) A site improvement agreement shall be executed by the applicant, and a financial guarantee to cover the cost of landscaping and site improvements shall be provided by the developer. Motion carried. 3. Vice Chair Elsen declared this was the time and the place as advertised for a public hearing at which time the Plan- ning Commission will sit as a Board of Adjustments and Appeals to consider Variance Application #94-17 for a garage which will encroach in the required 66.8 ft. front yard setback at 5716 Brunswick Ave. N. as requested by Rick Perrozzi. Planner Peaslee stated Mr. Perrozzi would have to remove two substantial trees without a variance, and this request is in conformance with and consistent with the Comprehensive Plan. No one appeared in opposition. Moved by Commissioner Nystrom and seconded by Commissioner Maloney to close the public hearing. Motion carried. Moved by Commissioner Risvold 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 515.07, Subd. 5 c) to grant a variance of 20.7 ft. in the required 66.8 ft. front yard setback for a 261 x 34' garage at 5716 Brunswick Ave. N., P.I.I.004-1.18-21-32-0038, as requested in Application #94-17 of Mick Perrozzi. The findings of fact are the proposed variance will not: A. Impair an adequate supply of light and air to adjacent property; August 8, 1994 - Continued B. Unreasonably increase the congestion in public streets; C. Increase the danger of fire or otherwise endanger the public safety; D. Unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to the intent of the coning code. Mr. Perrozzi should also add a hard surface driveway and seed or sod the yard. Motion carried. 4. Consideration of a conditional use permit to allow open and outdoor storage in an I-2 District and a site plan approval for a building permit for an office and shop at 5170 West Broadway as submitted by North Suburban Towing. A. Moved by Commissioner Lundeen and seconded by Com-mis- sioner Nystrom to set a public hearing before the Planning Commission at 7:00 p.m., or as soon there- after as the matter may be heard, Monday, September 12, 1994, to consider a text amendment to the Zoning Ordinance to permit towing businesses as a conditional use or permitted use and impound yards as an accessory conditional use or otherwiae as the staff may recom- mend and a conditional use permit to allow gpen and, outdoor storage in an 1-2 (Meavy Industrial) District (Section 515.41, Subd. 4 a) and Section 515.39, Subd. 4 a) at 5170 West Broadway, P.I.D. #09-118-21-22-0008, as submitted by North Suburban Towing. Motion carried. B. Moved by Commissioner Koss and seconded by Commis- sioner Lundeen to recommend to the City Council to approve authorization to issue a building permit for a 36' x 60' office and shop at 5170 Fest Broadway, P.I.D. #09-118-21-22-0008, subject to standard proce- dure and putting in curbing as shown on site plan and applying for a CUP within 60 days Motion carried. 5. Discussion items: A# Concept for reuse; of Snyder Noble Drug at 4713 - 36th Ave. N. Merle Mattson would prefer to remain as a land owner but with a different use. Advent of the. Cub Store on 36th. Ave. N. readers a drug store as non- viable. Chalet Liquor had expressed interest but decided to become part of the. Cub Foods development. Salvation Army expressed interest but had a similar operation that did not do well. Champion Auto and NAPA expressed strong interest but would need a couple of bays for service. vice Chair Elsen stated the neighborhood was largely residential so would change the character of the neighborhood. Commissioner Koss August 8, 1994 - Continued did not see much of a problem as there is a gas and convenience store across 36th Ave. N. (Robbinsdale) presently. B. Resident concerns regarding graffiti. Bob Bellos, 6321 Brentwood Ave. N., complained that there was con- siderable graffiti on the rear of the stores on 56th Ave. N., and only Eggie's had repainted. Also the neighborhood had lost lighting behind the stores which would discourage this behavior. Planner Peaslee had looked at the St. Paul ordinance which gave informa- tion regarding chemicals to use. Planning Commission thought could try persuasion and offer of help by the neighborhood to these businesses and a request for increased lighting in the area. C. Continued discussion regarding regulation of pawn shops. Would like to increase the distance require- ment to 1,500 feet with hours 9 a.m. to 6 p.m. Wanted staff to look into if City can regulate rates and maybe draft an ordinance. Moved by Commissioner Risvold and seconded by Commissioner Nys- trom to adjourn. Motion carried. The meeting adjourned at 8:51 p.m. ,/Vice Chair Elsen CRYSTAL PLANNING COMMISSION MINUTES September 12, 1994 The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Ellen, Koss, Magnuson, Nystrom, Risvold and VonRueden; the following were absent: Lundeen and Mal- oney; also present were Community Development Director Norris, Planner Peaslee and Recording Secretary Scofield. Moved by Commissioner Nystrom and seconded by Commissioner Koss to approve the minutes of the August 8, 1994, meeting. Motion carried. I. Steve Hubul of Holmes & Graven appeared to discuss the rule and function, of Planning Commission. The major rale is advi- sory to the City council. Applicant is entitled to building permit, conditional use, rezoning, etc. if meet requirements. Applicant may be granted a variance if can prove hardship.. General ,principle is that 1) land use regulations must be uni- form as to all similar properties, 2) a landowner is entitled to a reasonable use of the property, and 3) the landowner's reasonable use of the property should not be prohibited because of conditions affecting the property over which the landowner has no control. The Planning Commission acting as the Board of Adjustments and Appeals must keep a record., make factual findings on which it bases its decisions, provide notice, hear all irxterested parties and formally inform the applicant of its decision which is subject to final approval by the City Council. The Planning Commissioners should not discuss privately the items that came before the Commission. 2. Chair Magnuson declared this was the time and the place as advertised for a public hearing to consider a request by the City of Crystal to amend Section 515.41, Subd. 2 and Subd. 4 of the Crystal Zoning Code to permit towing businesses as a conditional use or permitted use and impound yards as an accessory conditional use. Planner Peaslee stated this would have to be in an I-2 (Heavy Industrial) District and cannot impound cars outside of the lot. No one appeared in opposition. Moved by Commissioner Elsen and seconded by Commissioner Risvold to close the public hearing. Motion carried. Moved by Commissioner Risvold and seconded by Commissioner Koss to recommend to the City Council to approve an amendment to Section 515.41, Subd. 2 and Subd. 4 of the Crystal Zoning Code to permit towing businesses as a permitted use and impound yards as a conditional use, as requested by the City of Crystal. N September 12, 1994 - Continued The findings of fact are: This is consistent with the Compre- hensive Plan, such use will not tend to depreciate the I-2 Heavy Industrial District and there is a demonstrated need for such use. Motion carried. 3. Chair Magnuson declared this was the time and the place as advertised for a public hearing to consider Application #94-19 as submitted by Duke's Body Shop and North Suburban Towing, Inc. for a conditional use permit to allow open and outdoor storage in an I-2 (Heavy Industrial) District at 5170 West Broadway. No one appeared in opposition. Moved by Commissioner Elsen and seconded by Commissioner Nys- trom to close the public hearing. Motion carried. Moved by Commissioner Elsen and seconded by Commissioner Risvold to recommend to the City Council to approve Applica- tion #94-19 as submitted by Duke's Body Shop and North Subur- ban Towing, Inc. for a conditional use permit to allow open and outdoor storage and a vehicle impound yard in an I-2 (Heavy Industrial) District (Section 515.41, Subd. 4 a) and Section 515.39, Subd. 4 a) at 5170 West Broadway, P.I.D. #09- 118-21-22-0008 subject to the applicant providing a site plan within 30 days of Council approval. Such site plan shall show parking spaces, landscaping, vehicle storage and impound areas as well as all site improvements. The findings of fact are: The use is consistent with the Com- prehensive Plan, will not tend to depreciate the area, the character of the area is consistent with the proposed use and uses otherwise permitted in the zone and there is a demon- strated need for such use. Motion carried. 4. Consideration of a site plan approval for a building permit for an addition on the existing building at 5259 Douglas Dr N as requested by John Day of Meineke Discount Mufflers. Plan- ner Peaslee stated a revised landscaping plan approved by the City Forester using perhaps crab apple trees or Japanese tree lilacs instead of the overused green ash should be submitted. Moved by Commissioner Nystrom and seconded by Commissioner Koss to recommend to the City Council to approve authorization to issue a building permit for a 1,050 sq. ft. addition on the existing building located at 5259 Douglas Dr N, P.I.D. #08- 118-21-11-0079, subject to standard procedure and submit a revised landscaping plan approved by the City Forester and a financial guarantee to cover the cost of the site improvements and landscaping. Motion carried. September 12, 1994 - Continued 5. Consideration of a sign variance application for a directional sign which will exceed the Sign Ordinance maximum of 6 square feet at Crystal Shopping Center as requested by Paster Enterprises. Moved by Commissioner Risvold and seconded by Commissioner Nystrom to set 7:00 p.m., or as soon thereafter as the matter may be heard, Monday, October 10, 1994, as the date and time for a public hearing at which time the Planning Commission will sit as a Soared of Adjustments and.. Appeals to consider a sign variance application to allow a 17.25 sq.. ft. directional sign which will exceed the sign ordinance maximum of 6 sq. ft. (Section 405.17, Subd. 14 of the Sign Ordinance at Crystal Shopping Center as requested by Paster Enterprises. Motion carried. 6. Consideration regarding approval of the preliminary and final plat of Felix Addition located at 3505 Zane Ave. N. as submit- ted by Crystal EDA. Moved by Commissioner Nystrom and seconded by Commissioner Von Rueden to set a public hearing before the Planning Commission at 7:00 p.m., or as soon thereafter as the matter may be heard, Monday, October 10, 1994, to consider approval of the preliminary and final plat of Felix Addition which is a re - plat of Lot 19, Block 3, Rosedale Acres, property is located at 3505 Zane Ave. N. as submitted by Crystal EDA. Motion carried. 7. Discussion item: Continued discussion regarding regulation of pawn shops. Planning Commission wanted shorter hours, perhaps 9 a.m. to 6 p.m., wanted to know interest rates and if could restrict age of people who use a pawn shop. Would like a representative of the Crystal Police Department to appear next month at the Planning Commission and want the City Council to extend mora- torium a couple of months. 8. Information item: New forms for rezoning application and site plan review, etc. now in use. Moved by Commissioner Elsen and seconded by Commissioner Risvold to adjourn. Motion carried. U September 12, 1994 - Continued The meeting adjourned at 8:55 p.m. Chair Magna% r, CRYSTAL PLANNING COMMISSION MINUTES October 10, 1994 The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Elsen, Lundeen, Magnuson, Mal- oney, Nystrom, Risvold and VonRueden; the following was absent: Koss; also present were Community Development Director Norris, Planner Peaslee and Recording Secretary Scofield. Moved by Commissioner Elsen and seconded by Commissioner Risvold to approve the minutes of the September 12, 1994, meeting. Motion carried. 1. Chair 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 Beard of Adjustments and Appeals to consider Sign Variance Application #94-24 for a directional sign which will exceed the Sign ordinance maximum of 6 square feet at Crystal Shopping Center as requested by Crystal Shop- ping Center Associates. Planner Peaslee stated three new signs are being requested making a total of five and thinks our current Sign Ordinance is realistic and the request should be denied. John Streeter, Construction Engineer for Crystal Shopping cen- ter Associates, stated this center was the largest commercial property in Crystal and these signs would add to the solidness and beautification as well as acting as directional signs. The signs would be 13' long, curved and mounted on a low brick wall which would match the center. Chair Magnuson suggested they go with just a 61 sign with "Entrance" and "Exit." Edward Paster, Crystal Shopping Center Associates, stated they had exchanged property with the City for the attractive streetscape, and these walls with directional signs would be the finishing touch. Some commissioners stated they thought signs were attractive and added to the decor. Moved by Commissioner Lundeen and seconded by Commissioner Elsen to close the public hearing. Motion carried. Moved by Commissioner Elsen and seconded by Commissioner Nys- trom that pursuant to Section 515.56 of the Crystal City Code to recommend to the City Council to deny granting a variance of 11.25 sq. ft. to allow a 17.25 sq. ft. directional sign which will exceed the sign ordinance maximum of 6 sq. ft. (Section 405.17, Subd. 14 of the Sign Ordinance) at Crystal October 10, 1994 - Continued Shopping Center as requested by Crystal Shopping Center Associates. The findings of fact are: A required hardship as delineated in the Ordinance has not be demonstrated. The two current signs already have been granted two variances by the Council. Some members of Commission liked the signage. The following voted aye: Elsen, Magnuson, Nystrom and VonRue- den. The following voted no: Lundeen, Risvold and Maloney. Motion carried 4 to 3. 2. Consideration regarding approval of the preliminary and final plat of Felix Addition located at 3505 Zane Ave. N. as submit- ted by Crystal EDA. Planner Feaslee stated this property was acquired by the City under our Scattered Site Acquisition Pro- gram to provide "move up housing" by platting into two lots rather than four. Paul Christopher, 3506 Zane Ave. N., requested clarification that these were to be single family rather than multiple. Moved by Commissioner Maloney and seconded by Commissioner Nystrom to recommend to the City Council to approve the pre- liminary and final plat of Felix Addition which is a re -plat of Lot 19, Block 3, Rosedale Acres, property is located at 3505 Zane Ave. N., P.I.D. #21-118-21-22-0059, as submitted by Crystal EDA, subject to changes in the utility and drainage easements in the final plat as noted by the City Engineer. Motion carried. J. Chair Magnuson declared this was the time and the place as advertised for a public hearing tc as submitted by Southview Bank, tc (Community Commercial) District tc tial) District at 5926 - 56th Ave. this property was commercial from tent with the Comprehensive Plan i cial/mixed use area. consider Application #94-21 rezone property from B-4 R-1 (Single Family Residen- N. Planner Peaslee stated 1988 to 1992 and is consis- n a designated commer- Commissioner Elsen stated that historically this site was zoned residential and rezoned with a blanket permit to commercial. The following were heard: Neil Scott, 4542 Colorado Ave. N., who hopes to buy the property and live in it as a residence by basically putting in a bathtub. He brought a petition with 19 names from surrounding properties stating they would want the rezoning changed from B-4 (Community Commercial) District to R-1 (Single Family Residential) District. Dave Jaede, Southview Bank, would like to see it residential as have not been able to sell it as commercial in over a year. 4. October 10, 1994 - Continued Stu Spring, 5619 Zane Ave. N,, would like the property to be residential. Moved by Commissioner Elsen and seconded by Commissioner Lun- deen to close the public hearing. Motion carried. Moved by Commissioner Lundeen and seconded by Commissioner Elsen to recommend to the City Council to approve Application #94-21 as submitted by Southview Bank, to rezone property from B-4 (Community Commercial) District to R-1 (Single Family Res- idential) District at 5926 - 56th Ave. N., legally described as Lot 10, Block 2, Kennard's Second Addition. The findings of fact are: a. The rezoning of Lot 10, Block 2, Kennard's Second Addi- tion, 5926 56th Ave. N. (Sass Lake Road), from B-4 Commu- nity Commercial to N-1 single Family Residential is consistent with the Comprehensive Plan, because it is a single family dwelling, abutting a single family neighbor- hood and is surrounded by single family homes on two sides and multi -family housing on one side. b. The use will not tend to depreciate the area. C. Thecharacter of the area is consistent with the proposed use and uses otherwise permitted in the zone. d. There is a demonstrated need for such use, as demonstrated by a purchase agreement. Motion carried. Discussion items: A. Continued discussion regarding regulation of pawn shops with Police Lt. Gautsch. Lt. Gautsch stated the potential pawn shop owner would have to come up with a demonstrated need. Pawn shops are a drain on police resources when other cities call regard- ing possible stolen items, and records must be checked, possible court cases, etc. Commission wanted staff to submit draft ordinance to City's attorney and also ascertain if Crystal can make it a part of the licensing not to allow the purchasing of guns to avoid the break in of pawn shops to steal them. B. Mattress Liquidator's project. Community Development Director Norris stated a group of residents of the Elmhurst/Brentwood area wished to have an update on the project and appear at the Planning Commis- sion. The project is not larger than planned; the build- ing may appear higher than anticipated as it was an empty legit; building does meet size of project (15,500 sq. ft.); landscaping plans not changed except bushes will be pulled October 10, 1994 - Continued back and onto their property not the City's boulevard easement; and Developer Johnson has stated no restaurant in the project. The following were heard: Robert Bellos, 6321 Brentwood Ave. N. Claire Zindler, 6329 Brentwood Ave. N. Lois Degendorfer, 6309 Brentwood Ave. N. Patrick Brannick, 6404 Brentwood Ave. N. The following concerns were expressed: The entrance and the truck traffic, is there a maximum height, buffer, lighting especially if it shines into the residences, how to prevent semi trucks from going down Brentwood and that the construction begins before the allowed time in the ordinance (7:00 a.m.) C. Rewriting Zoning Ordinance. Planner Peaslee stated he plans to rewrite the Zoning Ordinance and will ask for help from others. Buffering for instance could cover 15 pages as in some cities, and setbacks instead of grouped together could be addressed in each zoning district section. Moved by Commissioner Elsen and seconded by Commissioner Lundeen to adjourn. Motion carried. � The meeting adjourned at 9:45 p.m. Chair agnu 9, A CRYSTAL PLANNING COMMISSION MINUTES November 14, 1994 The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Elsen, Koss, Lundeen, Magnu- son, Maloney, Nystrom, Risvold and VonRueden; also present were Community Development Director Norris, Planner Peaslee and Recording Secretary Scofield. Moved by Commissioner Elsen and seconded by Commissioner Risvold to approve the minutes of the October 10, 1994, meeting. Motion carried. 1. Chair 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 #94-23 for a variance to off-street parking at 5501 - 56th Ave. N. as requested by Cheryl Jacobson, 5401 Unity Ave. N., Crystal. Planner Peaslee stated the consignment shop plans to share traffic and parking with Rose -Bo' Floral as it would have to take part of the building down to meet the parking requirement. Thinks this is a good interim use until developed to a higher use. Cheryl Jacobson, 5401 Unity Ave. N., plans a consignment shop for women's and children's clothing and wants to keep the space clean between the store and the next door house. Gerald Belmore, 6521 Brentwood Ave. N. and Cheryl Jacob- son's father, stated there will be adequate parking, and they will do the curbing and paving. No one appeared in opposition. Moved by Commissioner Nystrom and seconded by Commissioner Koss to close the public hearing. Motion carried. Moved by Commissioner Risvold and seconded by Commissioner Elsen that pursuant to section 515.56 of the Crystal. City Code to recommend to the City Council to vary or modify the strict application of Section 515.09, Subd. 8 tj to grant a variance of three off-street parking spaces of the required nine parking spaces and to the size of parking space of at 81t rather than 9F for a consignment shop at 5501 - 56th Ave. N., P.I.D. #04-11821-34-0088, as requested in Application #94-23 of Cheryl Jacobson. P November 14, 1994 - Continued The findings of fact are: The proposed variance will not: A. Impair an adequate supply of light and air to adjacent property. B. Unreasonably increase the congestion in public streets. C. Increase the danger of fire or otherwise endanger the public safety. D. Unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to the intent of the Zoning Code. The hardship is caused by substandard lot size, shape and existing construction. The plight of the landowner is unique to the property and not created by the landowner. The variance will not alter the essential character of the locality. The following voted aye: Elsen, Koss, Lundeen, Magnuson, Maloney, Risvold and Von Rueden. The following voted no: Nystrom. Motion carried 7 to 1. t. Consideration of Application #94-22.1 of Christy Imports, Inc., 2501 University Ave. N.E., Minneapolis, for rezoning property from B-4 (Community Commercial) District to B-3 (Auto -Oriented Commercial and #94-22.4 for a conditional use permit to allow a used car lot and minor automotive w repair in a B-3 District at 5272 West Broadway. Planner 1 Peaslee stated they plan to use the existing building, and it is a 100' x 240' lot. Moved by Commissioner Elsen 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, December 12, 1994, to consider the request of Christy Imports, Inc., 2501 University Ave. N. E., Minneapolis, in Application #94-22.1 to rezone the property from B-4 (Community Commercial) District to B-3 (Auto -Oriented Commercial) District and #94-22.4 for a conditional use permit to allow a used car lot (Section 515.35, Subd. 4 g) and minor automotive repair (Section 515.35, Subd. 4 c) in a B-3 District at 5272 West Broad- way, described as Lot 17, Block 2, Hanson's Addition. Motion carried. 3. Consideration regarding approval of the lot split and com- bination from 6043 Florida Ave. N. to 6051 Florida Ave. N. as requested in Application #94-24.8 as submitted by Lawrence and Rita Hagen, 6030 Lakeland Ave. N. Moved by Commissioner Maloney and seconded by Commissioner Koss to set a public hearing before the Planning Commis- sion at 7:00 p.m., or as soon thereafter as the matter may November 14, 1994 - Continued be heard, Monday, December 12, 1994, to consider approval of the lot split and combination of the approximate 20' x 135' from 6043 Florida Ave. N. to 6051 Florida Ave. N. as requested in Application #94-24.8 as submitted by Lawrence and Rita Hagen, 6030 Lakeland Ave. N. Motion carried. 4. Consideration of Application #94-25.4 of the Bassett Creek Watershed Management Organization for a conditional use permit to allow placement of fill, culverts and water con- trol structures in the Floodway District at Bassett Creek Park. Moved by Commissioner Maloney and seconded by Commissioner Koss 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, December 12, 1994, to consider the request of the Bassett Creek Watershed Management Organi- zation in Application #94-25.4 for a conditional use per- mit to allow placement of fill culverts and water control structures in the Floodway District at Bassett Creek Park. Motion carried. 5. Discussion items: A. Pawn shops regulations. Not allowed to have guns or weapons. Moved by Commissioner Koss and seconded by Commis- sioner Nystrom to set a public hearing before the Planning Commission at 7:00 p.m., or as soon there- after as the matter may be heard, Monday, December 12, 1994, to consider the ordinance regulating pawn shops. Motion carried. B. Site Plan Review Ordinance. Planner Peaslee stated this related to commercial development (single family residential and duplexes exempted). Commissioners Lun- deen and Maloney felt the ordinance should include an informational meeting rather than holding a public hearing. Planner Peaslee stated there would be a review next month. C. Volunteers to EDA Advisory or accept renewing members (Magnuson and Elsen). Planning Commission accepted Commissioners Magnuson and Elsen. If Commissioners Magnuson and Elsen not able to serve, Commissioners Nystrom and Koss would be interested 6. Consideration of Lot Split Application #94-26.8 for the proposed lot split into two lots, one with existing house and one buildable at 6911 Corvallis Ave. N., as requested by Michael T. and Charity E. Lewis. November 14, 1994 - Continued Moved by Commissioner Nystrom and seconded by Commissioner Lundeen 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, December 12, 1994, to consider the Lot Split Application #94-26.8 as requested by Michael T. and Charity E. Lewis, 6911 Corvallis Ave. N. for the pro- posed lot split into two lots, one with existing house and one buildable at 6911 Corvallis Ave. N., Tract 2 the east 70 feet of Lot 10, including half of the vacated alley accruing thereto, Russ Second Addition. Motion carried. Moved by Commissioner Nystrom and seconded by Commissioner Koss to adjourn. Tk.e meeting adjourned at 8:22 p.m. Motion carried. Chair Ma son 13 CRYSTAL PLANNING COMMISSION MINUTES December 12, 1994 The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Elsen, Koss, Magnuson, Mal- oney, Nystrom and VonRueden; the following were absent: Lun- deen and Risvold; also present were Community Development Director Norris, Planner Peaslee and Recording Secretary Scofield. Moved by Commissioner Elsen and seconded by Commissioner Nys- trom to approve the minutes of the November 14, 1994, meeting. Motion carried. 1. Chair Magnuson declared this was the time and the place as advertised for a public hearing to consider Application #94-22.1 as submitted by Christy Imports, Inc., 2501 Uni- versity Ave. N.E., Minneapolis, to rezone property from B- 4 (Community Commercial) District to B-3 (Auto-Orientdd Commercial; #94-22.4 for a conditional use permit to allow a used car lot and minor automotive repair in a B-3 Dis- trict and a variance to the lot width at 5272 West Broad- way. Planner Peaslee stated the property is surrounded by industrial uses and three apartment buildings across the street. Was formerly a car wash and has been vacant. City Council approved a minor automotive repair, but the owner refused to do the improvements. John Christy, 4436 Chowen Ave. N., Robbinsdale, stated there would be three employees and adequate parking. The following was heard in opposition: Earl Duke, 4211 Goldenrod, questioned the size of lot to do this business and if 17 parking spaces enough. Requested the definition of minor repair. Moved by Commissioner Elsen and seconded by Commissioner Koss to close the public hearing. Motion carried. Moved by Commissioner Elsen and seconded by Commissioner Koss to recommend to the City Council to approve applica- tions #94.22.1 as submitted by Christy Imports, Inc., 2501 University Ave. N. E., Minneapolis, to rezone the property from B-4 (Community Commercial) District to B-3 (Auto -Ori- ented Commercial) District; #94-22.4 for a conditional use permit to allow a used car lot (Section 515.35, Subd. 4 g) and minor automotive repair (Section 515.35, Subd. 4 c) in a B-3 District and #94-22.9 for a variance of 30' of the required 130' lot width (Section 515.35, Subd. 4 c) 4) at December 12, 1994 - Continued 5272 West Broadway, legally described as Lot 17, Block 2, Hanson's Addition. The findings of fact are: A. The proposed use is consistent with the Comprehensive Plan. B. The use will not tend to depreciate the area. C. The character of the area is consistent with the pro- posed use and uses otherwise permitted in the zone. D. There is a demonstrated need for such use. The proposed variance will not: A. Impair an adequate supply of light and air to adjacent property. B. Unreasonably increase the congestion in public streets. C. Increase the danger of fire or otherwise endanger the public safety. D. Unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to the intent of the Zoning Code. The hardship findings are as follows: A. The property cannot be put to a reasonable use if the lot size dimensions are not varied. B. The plight of the land owner is unique to the property and not created by the land owner. C. The variance will not alter the essential character of the locality. The following site improvements are required: A. Paint the building. B. Reconstruct the concrete driveway opening on Hanson Court. C. Sealcoat bituminous areas. D. Remove curb and black top in areas to enlarge land- scaping along West Broadway sight lines and install shrubs along Hanson Court frontage. R. Remove vegetation (including tree stumps) and repair chain link fence along south property line. F. Install signs to direct traffic with Hanson Court access as entrance only and West Broadway as exit only. G. Stripe parking lot and install concrete bumper blocks along alley to.define stalls. H. Replace/Install all property corner lot irons upon completion of work. Motion carried. December 12, 1994 - Continued 2. Chair Magnuson declared this was the time and the place as advertised for a public hearing to consider the proposed lot split and combination from 6043 Florida Ave. N. to 6051 Florida Ave. N. as requested in Application #94-24.8 as submitted by Lawrence and Rita Hagen, 6030 Lakeland Ave. N. Community Development Director Norris stated parking of employees' vehicles is a part of the business. The lot is zoned appropriately but should get a condi- tional use. Should rezone the other lot and combine with the business lot. Larry Hagen, 6030 Lakeland Ave. N., wanted to put up a fence to protect his property and wanted to cut back on the amount of property used in his business. Planning Commission continued the public hearing until the applicant supplies staff with adequate materials and pro- posal regarding Application #94-24.8 for the proposed lot split and combination of the approximate 20' x 135' from 6043 Florida Ave. N., Lot 1, Block 1, Engstrom Addition, to 6051 Florida Ave. N., Lot 3, Block 1, Storm's lst Addi- tion, as submitted by Lawrence and Rita Hagen, 6030 Lake- land Ave. N. 3. Chair Magnuson declared this was the time and the place as advertised for a public hearing to consider Application #94-25.4 of the Bassett Creek Watershed Management Organi- zation for a conditional use permit to allow placement of fill, culverts and water control structures in the Flood - way District at Bassett Creek Park, 6001 - 32nd Ave. N. Planner Peaslee stated project has been in the works for over eight years, and will make for water quality improve- ment. The pends improve flood control by lessening the duration of flood. Traffic can use 29th to T.H. 100 not through neighborhoods. No one appeared in opposition. Moved by Commissioner Elsen and seconded by Commissioner Nystrom to close the public hearing. Motion carried. Moved by Commissioner Maloney and seconded by Commissioner Koss to recommend to the City Council to approve Applica- tion #94-25.4, as submitted by the Bassett Creek Watershed Management Organization, for a conditional use permit to allow placement of fill, culverts and water control struc- tures in the Floodway District at Bassett Creek Park at 6001 - 32nd Ave. N. The findings of fact are: Conditional usic4 permit for the proposed flood plain improvements: December 12, 1994 - Continued A. Is consistent with the Comprehensive Plan. B. The use will not tend to depreciate the area. C. The character of the area is consistent with the pro- posed use and uses otherwise permitted in the zone. D. There is a demonstrated need for such use. Also the permit is subject to the following stipulations: A. Construction traffic shall take the most direct route between the site and T.H. 100. B. Sediment control systems shall be in place and main- tained to prevent mud, dirt and other debris from being tracked onto City streets. C. Hours of construction shall be limited to the hours between 7:00 a.m. and 6 p.m. D. Want all park trails worked on at one time. Motion carried. Chair Magnuson declared this was the time and the place as advertised for a public hearing to consider the pro- posed lot split into two lots at 6911 Corvallis Ave. N. as requested in Application #94-26.8 as submitted by Michael & Charity Lewis, 6911 Corvallis Ave. N. Community Devel- opment Director Norris stated this is a legitimate request as both parcels are more than adequate for lot size. Drainage must be on the lot and not onto other properties. Michael Lewis, 6911 Corvallis Ave. N., stated they do not want such a large lot and do want to sell it to a builder. Planning Commission stated any residents who are concerned about building on this lot should appear and be heard at the City Council meeting December 20 as the Planning Com- mission is advisory. The following appeared in opposition: Rolfe Schrader, 5050 Jersey Ave. N. Theresa Schrader, 5050 Jersey Ave. N. Julie Jacobson Schwartz, 6908 Corvallis Ave. N. Marsha Pearson, 7007 Corvallis Ave. N. Kevin Hall, 6816 Corvallis Ave. N. Dale Jaco, 6813 Corvallis Ave. N. The following concerns were expressed: Believe impact for lot drainage will be especially bad during rain storms and halfway through the spring thaw; no storm sewers (nearest Hampshire & Corvallis); not enough notice (13 days with law stating at least 10 days); too few notified when a lot split at 6922 Corvallis Ave. N. had a hearing (350' and 13 days' notice); cannot make watershed worse; questioned the lot split away being buildable; near hill and runoff will speed up and questioned why have a hearing if neighboring residents can't do anything. December 12, 1994 - Continued Moved by Commissioner Elsen and seconded Maloney to close the public hearing. Motion by Commissioner carried. Moved by Commissioner Elsen and seconded by Commissioner Nystrom to recommend to the City Council to approveAppli- cation #94-26.8, for the proposed lot split into two lots, one with existing house and one buildable, at 6911 Corval- lis Ave. N.., Lot 2, Block 1, Emma S. Phillips Addition, as submitted by Michael and Charity Lewis, 5911 Corvallis Ave. N. The findings of fact are: Insofar as lot size lot meets legal description and qualifies to be split. "One build- able" should be removed from recommendation. Motion carried. 5. As the public hearing notice of the proposed zoning ordi- nance amendment regarding the regulation of pawn shops was not advertised, it was moved by Commissioner Koss and sec- onded by Commissioner Maloney to continue until January 9, 1995, the consideration of this amendment. Motion carried. 6. Discussion items: Site Plan Review Ordinance. Amendment will just be published. Moved by Commissioner Elsen and seconded by Commissioner Maloney 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, January 9, 1995, to consider an amendment to the Zoning Code relating to site and building plan review. Motion carried. 7. Consideration of Sign Variance Application #94-23.9 for a wall sign which will exceed the Sign Ordinance maximum of 250 square feet at Cub Foods, 5301 - 36th Ave. N., as requested by Super Valu, Inc. Moved by Commissioner Koss and seconded by Commissioner Maloney to set 7:00 p.m,, or as soon thereafter as the matter may be heard, Monday, January 9, 1995, 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 Sign Variance Application #94-23.9 to allow an approximate 626 sq. ft. wall sign which will exceed the sign ordinance maximum of 250 sq. ft. (Section 405.19, Subd. 4 a) at Cub Foods, 5301 - 36th Ave. N., as requested by Super Valu, Inc. Motion carried. IF December 12, 1994 - Continued Moved by Commissioner Elsen and seconded by Commissioner Koss to adjourn. Motion carried. The meeting adjourned at 9:25 p.m. Chair Magnuson