1995 PC Meeting MinutesCRYSTAL PLANNING COMMISSION MINUTES
January 9, 1995
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 and Planner Peaslee.
Moved by Commissioner Nystrom and seconded by Commissioner
Risvold to approve the minutes of the December 12, 1994,
meeting.
Motion carried.
1. 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
December 31, 1995.
Commissioner Elsen nominated and Commissioner Nystrom sec-
onded the nomination of Paulette Magnuson as Chair of the
Planning Commission for the year ending December 31, 1995.
All those in favor signified by voting aye, those opposed
by voting no.
Motion carried.
Commissioner Lundeen nominated, and, Commissioner Nystrom
seconded the nomination of Jane Elsen as Vice Chair of the
Planning Commission for the year ending December 31, 1995.
All those in favor signified by voting aye, those opposed
by voting no.
Motion carried.
Commissioner Nystrom nominated and Commissioner Koss sec-
onded the nomination of Greg Lundeen as Secretary of the
Planning Commission for the year ending December 31, 1995.
All those in favor signified 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 at which time the Planning
Commission will sit as a Board of Adjustments and Appeals
to consider Sign Variance application #94-23.9 for a wail
sign which will exceed the maximum of 250 sq. ft. at Cub
Foods, 5301 - 36th Ave. N. as requested by Super Valu,
Inc.
Planner Peaslee stated Super Valu requested the applica-
tion be continued until February 13, 1995. Staff met with
Super Valu representatives to discuss alternatives which
January 9, 1995 - Continued
staff would support. These alternatives involve the
assumption that once Highway 100 project proceeds, Super
Valu would have a corner lot and a larger sign would be
permitted and higher elevation than currently permitted.
Super Valu representatives are reviewing proposal.
3. 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 515.37, Subd. 4 of
the Zoning Code to regulate pawn shops.
Community Development Director Norris reviewed the
conditions.
No one appeared in opposition.
Moved by Commissioner Lundeen and seconded by Commissioner
Risvold to close the public hearing.
Motion carried.
Moved by Commissioner Maloney and seconded by Commissioner
Koss to recommend to the City Council to approve an amend-
ment to Section 515.37, Subd. 4 of the Crystal Zoning Code
to regulate pawn shops as requested by the City of
Crystal.
The findings of fact are: The Police Department and the
City Attorney recommended approval of the amendment to the
Zoning Ordinance.
The following voted aye: Elsen, Koss, Magnuson, Maloney,
Nystrom, Risvold and Von Rueden. The following voted no:
Lundeen.
Motion carried 7 to I..
4. 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 of the Zoning
Code relating to site and building plan review.
Planner Peaslee explained purpose of the amendment was to
formalize the review process, codify the existing require-
ments and clarify public notification.
Planning Commissioners discussed:
-- term of approval
- public notice/hearing--notification of neighbors
- cost to applicant
- site plan review process --how much flexibility for City/
staff
- process is another layer of government and burden to
developers
- applicants should not have to pay if they meet all code
requirements --waiver process?
January 9, 1995 - Continued
- use process to notify neighbors
- how to charge fee based on value of work (sliding scale)
to not penalize small operators.
Moved by Commissioner Lundeen and seconded by Commissioner
Koss to close the public hearing.
Motion carried.
Moved by Commissioner Koss and seconded by Commissioner
Elsen to recommend to the City Council to approve an
amendment to Section 515 of the Crystal Zoning Code relat-
ing to site and building plan review as requested by the
City of Crystal with the change from the word "hearing" to
"review" in SUBDIVISION 6. PLANNING COMMISSION REVIEW.
The findings of fact are: Clarification and codification
of Ordinance and current review. Regarding fees City
Council to decide whether fee appropriate.
The following voted aye: Elsen, Koss, Magnuson, Maloney
and Risvold. The following voted no: Lundeen, Nystrom
and Von Rueden.
Motion carried 5 to 3.
Moved by Commissioner Elsen and seconded by Commissioner Lun-
deen to adjourn.
The meeting adjourned at 8:30 p.m.
Motion carried.
Chair Mag
CRYSTAL PLANNING COMMISSION MINUTES
February 13, 1995
The meeting of the Crystal Planning Commission convened at 7:05
p.m. with the following present: Elsen, Maloney, Koss, Nystrom,
Lundeen, Risvold, Madden, Von Rueden, and Magnuson; also present
were Community Development Director Norris and Planner Peaslee.
Moved by Commissioner Nystrom and seconded by Commissioner Elsen to
approve the minutes of the January 9, 1995, meeting.
Motion carried.
1. On February 7, 1995, the City Council moved to appoint Thomas
Madden as a Planning Commissioner to the term expiring Decem-
ber 31, 1995, for Ward 3. They also moved to reappoint Jane
Elsen, Paulette Magnuson and JoAnn Hagen Maloney to the terms
expiring December 31, 1997.
Chair Magnuson swore in new Planning Commissioner Thomas
Madden.
2. Chaos Magnuson declared this was a continuation of the public
tearing at which time the Planning Commission will sit as a
Hoard of Adjustments and Appeals to consider Sian Variance
Application $94-23.9 for a wall sign which will exceed the
maximum of 250 sq. ft. at Cub Foods, 5301 - 36th Ave. N. as
requested by Super Valu, Inc. Planner Peaslee reviewed
superValuls regoest and suggested the Comza scion review the
aggregate signage being proposed. Mr. Peaslee noted that the
signs are based on the assumption that Highway 100 will be
improved in the future.
Craig Mevissen, Planmark, and Joan Ahrens, SuperValu, showed
the proposed signage versus what the ordinance permits. The
larger signs are needed in anticipation of the
distance/elevation changes with the Highway 100 project. The
design of the building was based on utilizing the larger
signs.
Moved by Commissioner Lundeen and seconded by Commissioner
Nystrom to close the public hearing.
Motion carried.
Moved by Commissioner Kass arta seconded. by commissioner
Lundeen that pursuant to Section 515.55 of the Crystal City
Code to recommend to theCity Council to vary or modify the
strict application of Section 405.19, Subd. 4 ay of the Sign
Ordinance to grant a variance of approximately 566 sq. ft. to
allow a 806 s€1. ft. wall sign which will exceed the sign ordi-
nance maximum of 250 sq. ft. at Cub Foods, 530. - 36th Ave. N.
as requested by Super Valu, Inc., 101 Jefferson Ave. S.,
Hopkins.
February 13, 1995- Continued
The findings of fact are:
1. There are exceptional or extraordinary circumstances
applicable to the property to the intended use that do not
apply generally to other property similarly situated; the CUB
store is substantially in excess of 80,000 square feet;
2. The variance is necessary for the preservation and
enjoyment of a substantial property right, i.e., adequate
identification, possessed by other property similarly
situated, but which right is denied to the property in
question;
3. The strict application of this code would constitute an
undue hardship;
4. The granting of the variance would not be materially
detrimental to the public health, safety or general welfare;
5. The difficulty or hardship is caused by this code in that
it did not consider the magnitude or scale of such commercial
buildings nor the characteristics of this location and the
effect of T.H. 100 improvements;
6. The difficulty or hardship is shown as demonstrated by
the exhibits and information found in the staff's report to
the Planning Commission;
7. The variance process would not be necessary if the City
had used a Planned Unit Development process in early reviews
of the site; and
8. The signage is consistent with the goals, objectives and
policies of the Comprehensive Plan and Community Image report.
Further discussion: The Commission discussed the application
of sign ordinance requirements and questioned whether the
ordinance needs to be revised to address this situation and
future similar situations.
Motion carried.
Planner Peaslee discussed with the Commission an
interpretation of the sign ordinance for SuperValu's proposed
Pylon sign. Planner Peaslee noted that SuperValu is applying
for a pylon sign based on the assumption that the Cub lot will
eventually be a corner lot when the Highway 100 improvements
are made. The: Commission requested that Planner Peaslee work
with the attorney to determine if an application can be based
on that assumption. The Commission requested that Planner
Peaslee report back to the Commission. Planner Peaslee noted
that he would contact MnDOT for further information on the
Highway 100 project timing. The Commission's comments and
concerns will be provided to the City Council for their
discussion of this matter.
az
February 13, 1995 - Continued
3. Consideration of Application 495-1.1 of franchisee MTR, ltd.
(Garfield Matson and Bonita Mein) foo American Brake Service,
Inc. (ABS) for rezoning property from B-4 (Community Commer-
cial) District to B-3 (Auto -oriented) District; #95-1..4 for a
conditional use permit to allow minor auto repair in a, B-3
[District and #9.5-1.9 for a variance in lot area and lot size
at 5264 Fest Broadway. Garfield Matson was present to explain
the proposal.
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, march 13, 1995, as the date and time for
a public hearing at which time the Planning Commission will
sit as a Beard. of Adjustments and Appeals to consider the
request of franchisee MTR, ltd. (Garfield Matson and Bonita
Klein) for American Brake Service, Inc. (ABS) in Application
495-1.1 to rezone property from B-4 (Community Commercial)
District to B-3 (Auto -oriented) District, #95-1.4 for a
conditional use permit to allow minor auto repair (Section
515.35, Subd. 4 c) in a B-3 District and X95-1.9 for a
variance of 4,500 sq. ft. in the required 22,500 sq. ft. lot
area (have 18,000 sq. ft.) and 55' of the required 130' x 150'
lot size (have 75' x 2501) (Section 515.35, Subd. 4 c) 4) at
5264 West Broadway.
Motion carried.
4. 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 515.47 of the Zoning Code
relating to flood plain districts in order to comply with the
DNR and FEMA regulations. Planner Peaslee reviewed, the
ordinance and possible maps and districts. The Commission
requested that maps and districts be used whioh offer the
greatest flexibility to residents. The Commission asked staff
to review the language an pages 11 and 14 regarding the.
Planning Commission and City Council determination of flood
plain area.
Moved by Commissioner Elsen and seconded by Commissioner
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 an amend-
ment to Section 515.47 of the Zoning Code relating to flood
plain districts in order to comply with the DNR and FEMA regu-
lations as requested by the City of Crystal.
The findings of fact are:
1. Relationship to municipal comprehensive plan. This
amendment is consistent with the comprehensive plan
because it protects the housing stock in the flood plain
�S_
February 13, 1995 - Continued
from increased hazard caused by construction in the flood
plain.
2. The proposed ordinance affects only those properties
located or proposed to be located in the flood plain.
3. The proposed amendments will tend to preserve and enhance
property values in the area in which it is proposed.
4. The demonstrated need for such an amendment is the
federal requirements to assure continued availability of
the National Flood Insurance Program.
Motion carried.
5- Site plan review and consideration of Application #95-2.4 of
Northstar Restaurants, Inc. ('Boston Chicken) for a conditional
use permit to allow a drive up window in a convenience food
establishment in a B-3 District at 6800 - 56th Ave. N. The
Commission asked staff to review the access from the drive-
through area and its proximity to the entrance to the site
from Bass Lake Road.
Moved by Commissioner Maloney and seconded by Commissioner
Elsen 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, March 13, 1995, to consider Application #95-2.4
-'N of Northstar Restaurants, Inc. (Boston Chicken) for a
conditional use permit to allow a drive up window in a
convenience food establishment in a B-3 District at 6810 -
56th Ave. N.
Motion carried.
6. Discussion Item:
Chair Magnuson declared the City Council requested the Plan-
ning Commission reconsider a request by the City of Crystal to
amend Section 515.37, Subd. 4 of the Zoning Code to regulate
Pawn shops and to provide them with a rationale for the hours
set. Community Development Director reviewed the City
Council's January 17 discussion and action regarding the first
reading of the ordinance establishing conditions for
conditional use permits for pawn shops. The City Council was
reluctant to include hours of operation and wanted information
on the Commission's rationale for this condition.
The Commission wanted as much control as possible over such
uses and feels hours are a reasonable condition for any use.
The Commission suggested that broader hours (such as 9:00 a.m.
to 9:00 P.M. or 8:00 a.m. to 8:00 p.m., Monday through
Saturday) be recommended back to the City Council.
7. Information Item:
Sign variance for Paster Enterprises at Crystal Center.
February 13, 1995 - Continued
Planner Peaslee reviewed the history of this application and
the revised signs. The Commission discussed the revised signs
and asked that the Council be made aware that some
Commissioners are not convinced additional signs are necessary
at Crystal Center. The Commission does not want the Council
to refer the revised signs back to the Commission.
Moved by Commissioner Maloney and seconded by Commissioner Elsen to
adjourn.
Motion carried.
The meeting adjourned at 9:50 p.m.
CRYSTAL PLANNING COMMISSION MINUTES
March 13, 1995
The meeting of the Crystal Planning Commission convened at 7:05
p.m. with the following present: Elsen, Koss, Lundeen, Madden,
Magnuson, Maloney, Nystrom, Risvold;Von Rueden; also present were
Planner Peaslee and Recording Secretary Scofield.
Moved by Commissioner Elsen and seconded by Commissioner Nystrom
to approve the minutes of the February 13, 1995, meeting
Motion carried.
!. 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 Application #95-1.1 of franchisee MTR, Ltd.
(Garfield Matson and Bonita Klein) for American Brake
Service, Inc. (ABS) for rezoning property from B-4
(Community Commercial) District to B-3 (Auto -Oriented)
District; #95-1.4 for a conditional use permit to allow
minor auto repair in a B-3 District and #95-1.9 for a
variance in lot area and lot size at 5264 West Broadway.
Planner Peaslee stated the Comprehensive Plan guides this
area as Employment Oriented Mixed Use, and the proposed
rezoning and CUP are compatible with the Plan. ABS does riot
do under -the -hood service. The plan meets setback
requirements and has adequate parking. Ordinance requires
2% of site and building costs($4,500 in this case) be used
for landscaping; so they may wish to reconsider using the
ash trees and get more variety.
Garfield Matson, 4575 Oakview Lane, Plymouth, stated they
plan to use rock faced block. They plan the hours of
operation to be 7:00 a.m. to 6:00 p.m. Monday -Friday and
8:00 a.m. to 1:00 p.m. Saturday and would extend these hours
if the public demanded. Chair Magnuson was concerned with
extended hours because of the proximity of residential.
The manager of Meineke Discount Mufflers, 5259 Douglas Drive
North, stated their hours were 8:00 a.m. to 6:00 p.m.
Dave Peterson, 12024 Oregon Circle, Champlin, one of the
owners of Carl's Tire & Auto Service, 5500 West Broadway,
stated he had a hard time with the need for another
automotive use even though the City and he would like to see
this corner cleaned up.
March 13, 1995 - Continued
Moved by Commissioner Elsen and seconded by Commissioner
Nystrom to close the public hearing.
Motion carried.
Moved, by Commissioner 'Lundeen and seconded by Commissioner
Elsen that pursuant to Section 515.56 of the Crystal City
Code to recommend to the City Council to appTove Application
#95-1.1 as submitted by franchisee MTR,Ltd. (Garfield Matson
and Bonita Klein) for American Brake Service, Inc. (ABS) to
rezone property from B-4 (Community Commercial) District to
B-3 (Auto -oriented) District, 495-1.4 for a conditional use
permit to allow minor auto repair (Section, 515.35, Subd. 4
c) in a 1-3 District and Variance Application #95-1.9 to
vary or modify the strict application of Section 515.35,
Subd. 4 c) 4 ) to grait a variance of 4,500 sq . f t . in the
required 22,500 sq. ft. lot area (have 18,000 sq. ft.) and
55' of the required: 130' x 150' lot size (have 75' x 250 .' )
(section 51.5.35, Subd. 4 c) 4) at 5264 West Broadway,
legally described as Lot 16, mock 2, Hansen's Addition..
The findings of fact are:
• The Proposed use is consistent with the
Comprehensive Plan.
• The use 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.
• There is a demonstrated need for such use.
The proposed variance will not:
• Impair an adequate supply of light aid air i=c)
adjacent property
• Unreasonably increase the congestion in public
streets
• Increase the danger of fire t_,t- otherwise
endanger the public safety
• 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:
• The property cannot be put to a reasonable use
if the lot size dimensions are not varied.
• 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.
Issuance of a building permit subject to the
following stipulations:
March 13, 1995 - Continued
1. Exterior block should be of an architec-
turally enhanced materials such as scored,
breakoff or rockfaced block.
2. Landscaping plans shall be approved by the
City Forester.
3. Trash enclosures and mechanical equipment
shall be screened by material similar to the
building.
The following voted aye: Elsen, Lundeen, Madden, Magnuson,
Maloney, Risvold and Von Rueden. The following voted no:
Koss and Nystrom.
Motion carried 7-2.
2. Chair Magnuson declared this was the time and the place u:-_
advertised for a public hearing to consider a site plan
review and Application #95-2.4 as submitted by Northstar
Restaurants, Inc. (Boston Chicken) for a conditional use
permit to allow a drive up window in a convenience food
establishment in a B-3 District at 6800 - 56th Ave. N.
Planner Peaslee stated the City obtained an easement from
Ground Round for traffic to go east in addition to the right
turn in and right turn out on Bass Lake Road. The building
will be 500 sq. ft. smaller as food preparation will be done
at a central location for better food quality, and there is
adequate parking. They will be furnishing a bond which will
guarantee the landscaping is done as proposed.
Chris Lombardy, 6471 Day Drive, Eden Prairie, of Northstar
Restaurants, Inc., stated they are changing the name to
Boston Market as they plan to expand the sandwich line to
include ham, turkey and meat loaf. No one appeared in
opposition.
Moved by Commissioner Risvold and seconded by Commissioner
Lundeen to close the public hearing.
Motion carried.
Moved by Commissioner Maloney and seconded by Commissioner
Elsen to recommend to the City Council to approve
Application #95-2.4 as submitted by Northstar Restaurants,
Inc. (Boston Chicken) for a conditional use permit to allow
a drive up window in a convenience food establishment in a
B-3 (Auto -Oriented) District at 6800 - 56th Ave. N., P.I.D.
#05-118-21-42-0039.
The findings of fact are:
■ The proposal is consistent with the Comprehensive Plan.
• The use 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.
3.
March 13, 1995 - Continued
* There is a demonstrated need for such use.
Issuance of a building permit subject 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.
4. The pylon sign is to be moved back, so it is 10 ft. back
from the lot line to meet the ordinance requirement.
Motion carried.
Discussion Item:
A. Conditional use permit for Burger King franchise at 5358
West Broadway. They do not operate a corporate Burger
King now as they are all franchise operations. They will
have to buy the City -owned triangular piece of land for
their sign. Parking will have to be reviewed.
Moved by Commissioner Nystrom and seconded by
Commissioner Lundeen to set a public hearing before the
Planning Commission at 7:00 p.m., or as soon t -hereafter
as the matter may be heard, Monday, April 10, 1995, to
consider the request of Burger King for a conditional use
permit to allow a convenience food establishment in a B-3
(Auto -Oriented) District at 5358 West Broadway, P.I.D.
#08-118-21-11-0125.
Motion carried.
B. Chair Magnuson stated the Mayor has set up a task force
to study the Nafstad property and Mr. Benson's proposal
and wants two Planning Commissioners to be a part of the
force. She recommended herself and Greg Lundeen be the
two, and Jane Elsen and Richard Von Rueden be the back-up
members. The Commission concurred.
C. Commissioner Nystrom will attend a University Work
Session in Fridley March 15 regarding Connecting the
Metro Communities to the Mississippi River.
D. Commissioner Lundeen stated he thought it was wrong for
developers to have to have a site plan review and come to
the Planning Commission when getting a building permit.
March 13, 1995 - Continued
E. Planner Peaslee stated that at the March 7 meeting the
City Council requested staff to look at the Sign
Ordinance:
• Definition of sign area (include all lighting in sign
area)
• Look at regulation of lighting as part of signage
• Regulation of readerboards visible from public right-
of-way
• Wall signs --look at including signs in windows as part
of wall sign area
* Use site plan review process to look at signs for new
developments; require sign plans to be reviewed and
approved as part of site plan approval process
+ Look at options for signs (particularly wall and
pylon) for large buildings (i.e., over 80,000 sq. ft.)
+ Look at entire ordinance for other revisions,
structure, etc.
* Attorney to look at variances --can they ever be
amortized and retired?
Moved by Commissioner Koss and seconded by Commissioner Lundeen
to adjourn.
Motion carried.
The meeting adjourned at 8:33
p.m.
Chair Magnus
CRYSTAL PLANNING COMMISSION MINUTES
April 10, 1995
The meeting of the Crystal Planning Commission convened at 7:00
p.m. with the following present: Elsen, Koss, Madden, Magnuson,
Nystrom and Von Rueden; also present were Planner Peaslee and
Recording Secretary Scofield.
Moved by Commissioner Elsen and seconded by Commissioner Nystrom
to approve the minutes of the March 13, 1995, meeting
1. Chair Magnuson declared this was the time and the place as
advertised for a public hearing to consider Application #95-
3.3 for a site plan review; Application #95-3.4 for a condi-
tional use permit to allow a convenience food establishment
(Burger King) in a B-3 District and Application #95-3.8 for
approval of a preliminary and final plat of Nath Crystal
Addition, property located at 5346 West Broadway as submit-
ted by Nath Companies.
Planner Peaslee stated the surrounding land uses are commer-
cial, industrial and public (the Fire Station). Nearby uses
(but not abutting) also include single family to the south-
west and multifamily to the north. The proposal is consis-
tent with the section on Commercial/Mixed Use Objectives,
Plan Elements and Policies of the Comprehensive Plan. Sig-
nage consists of a 10 x 10 ft. Burger King pylon sign and a
4 x 8 ft. reader board. The exterior finish materials are
rock -faced block.
Dennis Trisler, representing the franchisee group, stated
they plan to use directional lights that will shine down not
out. Burger King prepares food to order not ahead as some
other convenience food establishments do.
The following was heard:
Shahab Hyder, McDonald's franchisee at 5400 West Broadway,
was concerned with the parking being adequate. Planner Pea-
slee stated they have 34 spaces for an inside seating of 75.
April 10, 1995 - Continued
Moved by Commissioner Elsen and seconded by Commissioner
Nystrom to close the public hearing.
Motion carried.
Moved by Commissioner Koss and seconded by Commissioner Mad-
den that pursuant to Section 515.56 of the Crystal City Code
to recommend to the City Council to approve Application #95-
3.3 for a site plan review; Application #95-3.4 for a condi-
tional use permit to allow a convenience food establishment
(Burger King) in a B-3 (Auto -Oriented) District (Section
515.35, Subd. 4 a) and Application #95-3.8 for approval of a
preliminary and final plat of Nath Crystal Addition which is
a re -plat of Lot 1, Block 1, Clarks Submarine Sandwich 2nd
Addition, P.I.D. #08-118-21-11-0125 and That Part of S 28
Rods of N 36 Rods of NE 1/4 Lying NEly of Rd, P.I.D. #08-
118-21-11-0002, property is located at 5346 West Broadway as
submitted by Nath Companies.
The findings of fact are:
• The CUP for a convenience food establishment for a Bur-
ger King convenience restaurant in a B-3 (Auto oriented
Commercial) District at 5358 West Broadway, is consis-
tent with the Comprehensive Plan.
The use will not tend to depreciate the area
The character of the area is consistent with the pro-
posed use and uses otherwise permitted in the zone.
There is a demonstrated need for such use.
Plus the site plan approval to facilitate issuing a building
permit subject to the following stipulations:
a. 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.
b. The coolers be enclosed within the building unless
otherwise approved by the Health Department.
Commissioner Nystrom questioned a demonstrated need.
The following voted aye: Elsen, Koss, Magnuson, Von Rueden and
Madden. The following voted no: Nystrom.
Motion carried 5 to 1.
April 10, 1995 - Continued
2. Discussion item:
Proposed video store plus retail at 5101 -36th Avenue North.
City asked that the Planning Commission meet on April 24 as
Holle Construction Co. for Bill and Tony Nicklow wants to
start construction May 10 of an approximately 9,750 sq. ft.
building with a 7,850 sq. ft.video store plus 1,900 sq. ft.
retail.
Chair Magnuson called the Planning Commission to meet Mon-
day, April 24, 1995, to review a site plan for a building at
5101 - 36th Ave. N.
Moved by Commissioner Elsen and seconded by Commissioner Nystrom
to adjourn.
Motion carried.
The meeting adjourned at 7:55 p.m.
C �
Chair Magn lel
I
5
CRYSTAL PLANNING COMMISSION MINUTES
April 24, 1995
The special meeting of the Crystal Planning Commission convened
at 7:00 p.m. with the following present: Elsen, Koss, Madden,
Maloney, Nystrom, Risvold and Von Rueden; the following were
absent: Lundeen and Magnuson; also present was Planner Peaslee.
1. Vice -Chair Elsen declared this was the time and the place as
advertised for a public hearing to consider Application #95-
4.3 for a site plan review of a proposed approximately 9,750
sq. ft. building with a 7,850 sq. ft. video store plus 1,900
sq. ft. retail at 5101 - 36th Ave. N. as submitted by Holle
Construction Company for Bill and Tony Nicklow.
Planner Peaslee stated the proposed use is for a video store
and general commercial. There is adequate parking of 57
spaces and the traffic flow is acceptable. City staff sug-
gests locating the building to the front of the lot to par-
tially screen the parking; allow shared parking with Chalet
Liquor; parking can be shaded by overstory trees and the
trash enclosure could be located on the side instead of the
front. Staff suggested landscaping changes and screening
similar to the fence on the Cub site.
Jeff Holle stated they were concerned that the video store
should get the predominant location.
The Planning Commissioners preferred the trash to be less
visible; thought the residents would rather see the building
than the parking area; felt the land-scaping more critical
than either the building or the parking area and possibly
more convenient for mature customers to have parking lot
between the video/retail and Chalet Liquor.
The following were heard:
Michael Hurley, 3549 Regent Ave. N., was concerned with the
parking and lighting and doesn't like to look at a blank
wall, dumpster or fence.
Jerry Gorlie, 3628 Regent Ave. N., stated there are nine
different video outlets within two miles; would prefer to
move building to 36th Avenue because of the lighting;
73
April 24, 1995 - Continued
questioned if there would be 24-hour lighting such as the
Chalet Liquor flashing lights and huge Cub sign; concerned
with parking lot design as thinks the Chalet parking
terrible (if there are more than five cars it's difficult to
turn in) and concerned with hours of operation.
Jeff Holle stated typically video store would close at 10
p.m. (Video Hits until 12 midnight).
Moved by Commissioner Risvold and seconded by Commissioner
Koss to close the public hearing.
Motion carried.
Moved by Commissioner Koss and seconded by Commissioner Ris-
vold that pursuant to Section 515.56 of the Crystal City
Code to recommend to the City Council Application #95-4.3
for a site plan review (Section 520 of the Crystal City
Code) of a proposed approximately 9,750 sq. ft. building
with a 7,850 sq. ft. video store plus 1,900 sq. ft. retail
at 5101 - 36th Ave. N., P.I.D. #07-029-24-21-0086, as sub-
mitted by Holle Construction Company for Bill and Tony Nick -
low subject to the following stipulations:
A. 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.
B. A screening fence similar to the fence surrounding the
Cub site and proposed for the Chalet site shall be
installed along the east side of the parking lot.
C. Evergreens (6-8 feet tall on planting) shall be planted
in two staggered rows similar to the plantings at the
Chalet Liquor site. The evergreens shall be a mix of
Colorado Spruce and Fraser Fir.
D. Seven deciduous overstory trees shall be planted on the
site: four along the 36th Avenue side and three south
of the entrance to the site along the interior service
drive serving the site, Chalet Liquor and Cub.
E. Tree and shrub species shall be approved by the City
Forester.
F. The applicant shall provide a revised site plan placing
the building location on the north side of the lot,
placing the parking to the south of the building.
April 24, 1995 - Continued
The following voted aye: Elsen, Koss, Risvold and Von
Rueden. The following voted no: Madden, Maloney and
Nystrom.
Motion carried 4 to 3.
2. Consideration of Variance Application #95-5.9 for a three -
season porch which will encroach in the required 5' side
yard setback at 5100 - 47th Ave. N. as requested by Roger
Miczek.
Moved by Commissioner Maloney and seconded by Commissioner
Koss to set 7:00 p.m., or as soon thereafter as the matter
may be heard Monday, May 8, 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 Vari-
ance Application #95-5.9 to grant a variance of 1 ft. in the
required 5 ft. side yard setback (Section 515.13, Subd. 3 a)
1) for a three -season porch at 5100 - 47th Ave. N., P.I.D.
#09-118-21-42-0005, as requested by Roger Miczek.
Motion carried.
3. Discussion Item:
Planner Peaslee stated Kevitt Excavating, 3335 Pennsylvania
Ave. N. would like to get an amended conditional use permit
to allow storing fill in an I-2 (Heavy Industrial) District,
and requested the Planning Commission on May 8, 1995, set
the public hearing for May 22, 1995.
Moved by Commissioner Maloney and seconded by Commissioner Koss
to adjourn.
Motion carried.
The meeting adjourned at 8:05 p.m.
ce-Chair Elsen
CRYSTAL PLANNING COMMISSION MINUTES
May 8, 1995
The meeting of the Crystal Planning Commission convened at 7:00
p.m. with the following present: Elsen, Lundeen, Madden, Magnu-
son, Maloney, Nystrom, Risvold and Von Rueden; 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 April 10, 1995, meeting and the
April 24, 1995, special meeting.
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 Application #95-5.9 for a four -season porch (an
addition) which will encroach in the required 5 ft. side
yard setback at 5100 - 47th Ave. N. as requested by Roger
Miczek. Planner Peaslee stated the "porch" would have to be
insulated up to the Energy Code requirements. The applicant
said his neighbor to the north (one most affected) had no
objection.
No one appeared in opposition.
Moved by Commissioner Nystrom and seconded by Commissioner
Lundeen to close the public hearing.
Motion carried.
Moved by Commissioner Nystrom 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 515.13, Subd. 3 a) 1) to grant
a variance of 1 ft. in the required 5 ft. side yard setback
for construction of a 12' x 24' addition (four -season porch)
on the existing house at 5100 - 47th Ave. N., P.I.D. #09-
118-21-42-0005, as requested in Application #95-5.9 of Roger
Miczek.
May 8, 1995 - 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
A. Circumstances unique to the property (i.e., the place-
ment of the building on the lot).
B. The addition cannot reasonably be built without the
variance.
C. The plight of the landowner is unique to the property
and not created by the landowner.
D. The variance will not alter the essential character of
the locality.
Motion carried.
2. Consideration regarding approval of the preliminary and
final plat of Superamerica 3rd Addition located at 5353 and
5359 West Broadway as submitted by SuperAmerica Group.
The City Council approved a rezoning, conditional use permit
and site plan to facilitate a SuperAmerica store on July 19,
1994. As a condition of approval SA is required to plat
their property.
Moved by Commissioner Nystrom and seconded by Commissioner
Maloney 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, June 12, 1995, to consider approval of the
preliminary and final plat of Superamerica 3rd Addition
which is a re -plat of Becker's Addition, property is located
at 5353 West Broadway, P.I.D. #08-118-21-11-0007, and 5359
West Broadway, P.I.D. #08-118-21-11-0008, as submitted by
SuperAmerica Group.
Motion carried.
3. Consideration of Site Plan Review #95-7.3 and Application
#95-7.4 for a conditional use permit of Kevitt Excavating to
qO
May 8, 1995 - Continued
allow storing fill in an I-2 District at 3335 Pennsylvania
Ave. N.
Scott Kevitt asked for a special meeting to consider the
site plan review and application for conditional use in
order to move the project ahead faster.
Chair Magnuson stated the memo noted Mr. Kevitt was informed
on March 27 he would need a public hearing, but as he did
not apply until April 21 and did not have a hardship, the
Planning Commission should call the public hearing for the
next regular meeting.
Moved by Commissioner Risvold and seconded by Commissioner
VonRueden to set 7:00 p.m., or as soon thereafter as the
matter may be heard Monday, June 12, 1995, to consider Site
Plan Review #95-7.3 and Application #95-7.4 for a condi-
tional use permit of Kevitt Excavating to allow storing fill
in an I-2 (Heavy Industrial) District (Section 515.37, Subd.
4 b) at 3335 Pennsylvania Ave. N., P.I.D. #20-118-21-23-
0009.
Motion carried.
4. Consideration of a site plan review and application for a
conditional use permit of Raj Dhir of C. B. Commercial Real
Estate Group, Inc. to allow indoor storage as an accessory
to the office in a B-4 District at 5421 Lakeside Ave. N.
(formerly U S West Service Center).
Several proposals for this property have been reviewed pre-
liminarily by the Development Review Committee and have been
dropped for various reasons. This proposal has several
advantages which will be developed in more detail next month
at the public hearing. The plan involves closing one access,
opening another closer to West Broadway and farther from
neighboring residential and installing a scissors -lift type
loading dock. The new proposed use will involve five employ-
ees, daily delivery and pickup by UPS and other light deliv-
ery vehicles and a few monthly deliveries by semi -truck.
Landscaping and screening will also be developed for this
site.
Moved by Commissioner Madden and seconded by Commissioner
Nystrom to set a public hearing before the Planning Commis-
sion at 7:00 p.m., or as soon thereafter as the matter may
May 8, 1995 - Continued
be heard, Monday, June 12, 1995, to consider a site plan
review and application for a conditional use permit of Raj
Dhir of C. B. Commercial Real Estate Group, Inc. to allow
indoor storage as an accessory to office in a B-4 (Community
Commercial) District (Section 515.37, Subd. 4 g) at 5421
Lakeside Ave. N., P.I.D. #09-118-21-42-0066).
Motion carried.
5. Discussion items:
A. Adult uses.
Community Development Director Norris stated she had
received inquiries from a dance club and an adult video
and book store and felt there was a need to look at the
adult use issue.
Moved by Commissioner Lundeen and seconded by Commis-
sioner Risvold to have a one-year moratorium to work on
an ordinance to address adult uses.
Motion carried.
Chair Magnuson stated should start with someone from
the Police Department appearing at the Planning Commis-
sion. Requested Staff look at the New Hope and Ply-
mouth as well as the Edina, Eagan and Eden Prairie
ordinances.
B. Commissioner Lundeen commented on the huge Cub Foods
sign and variance to the Sign Ordinance. Commissioner
Risvold stated he thought the Commission voted for it
and should forget it. Some commissioners were con-
cerned with the large outdoor garden center that took
out some of the parking and if a permit was needed.
C. Commissioner Lundeen stated he felt there should not be
special treatment for developers by holding special
meetings.
D. Community Development Director Norris stated the annual
City tour of redevelopment, problem areas, etc. will be
held May 25 from 5 to 7 p.m. (box lunch). Commission-
ers need to RSVP by Monday, May 22.
M
May 8, 1995 - Continued
R. Requested City Attorney appear at Planning Commission
meeting to explain duties and responsibilities of being
a commissioner as there are several new commissioners.
Moved by Commissioner Risvold and seconded by Commissioner
Nystrom to adjourn.
The meeting adjourned at 7:43 p.m.
Motion carried.
W
4
CRYSTAL PLANNING COMMISSION MINUTES
June 12, 1995
The meeting of the Crystal Planning Commission convened at 7:00
p.m. with the following present: Elsen, Lundeen, Madden, Magnu-
son, Nystrom and Von Rueden; Maloney arrived at 7:10 p.m. and
Koss arrived at 7:20 p.m.; the following was absent: Risvold;
also present were Community Development Director Norris, Planner
Peaslee and Recording Secretary Scofield.
Moved by Commissioner Nystrom and seconded by Commissioner Elsen
to approve the minutes of the May 8, 1995, meeting
1. Chair Magnuson declared this was a continuation of the pub-
lic hearing to consider the proposed lot split and combina-
tion 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 Elsen and seconded by Commissioner
Nystrom to close the public hearing.
Motion carried.
Moved by Commissioner Elsen and seconded by Commissioner
Lundeen to recommend to the City Council to approve Applica-
tion #94-26.8 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 Addition, and non -conforming use
(Section 515.05) as submitted by Lawrence and Rita Hagen,
6030 Lakeland Ave. N.
The findings of fact are:
A. The proposed lot split is accompanied by a certified
survey and legal description.
B. The division can be described in fractional or propor-
tional parts by reference to the legal description and
does not involve a metes and bounds description.
C. Recommend City Council direct staff to document the
non -conforming use of 6030 Lakeland and 6043 Florida,
notify the owners of the documentation and place a copy
in the address file of each parcel.
Motion carried.
el 4 June 12, 1995 - Continued
2. Chair Magnuson declared this was the time and the place as
advertised for a public hearing to consider Application #95-
6.8 for approval of the preliminary and final plat of Super-
america 3rd Addition located at 5353 and 5359 West Broadway
as submitted by SuperAmerica Group.
Moved by Commissioner Lundeen and seconded by Commissioner
Maloney to close the public hearing.
Motion carried.
Moved by Commissioner Lundeen and seconded by Commissioner
Madden to recommend to the City Council to approve Applica-
tion #95-6.8 for the preliminary and final plat of Super-
america 3rd Addition which is a re -plat of Becker's
Addition, property is located at 5353 West Broadway, P.I.D.
#08-118-21-11-0007, and 5359 West Broadway, P.I.D. #08-118-
21-11-0008, as submitted by SuperAmerica Group.
The findings of fact are:
A. The plat is in conformance with the Comprehensive Plan
and Subdivision Ordinance.
B. The plat has been reviewed by Hennepin County, and the
comments have been considered by the applicant.
Motion carried.
3. Chair Magnuson declared this was the time and the place as
advertised for a public hearing to consider Application #95-
7.3 for a site plan review and Application #95-7.4 for a
conditional use permit to allow storing fill in an I-2 Dis-
trict at 3335 Pennsylvania Ave. N. as submitted by Kevitt
Excavating, 3335 Pennsylvania Ave. N.
Planner Peaslee stated the conditional use permit issued in
June of 1994 limited the storage area to a relatively small
portion of the site. A large pond surrounded by trees and
brush was proposed to be left relatively untouched by the
work. A small diversion pond to treat runoff is located near
the pond. The Zoning Ordinance permits open and outdoor
storage of equipment used in the contractor's trade; it does
not speak to open and outdoor storage of materials.
Scott Kevitt, 5306 Perry Ave. N., stated that since they
moved into site the opportunity to expand in the storage of
material presented itself. Stored sand and saved the City
about $4,000 rather than having to transport it from outside
June 12, 1995 - Continued 45
the City. Also good for snow plowing and storage --Cub would
have to have snow hauled away. Received approval from Barr
Engineering. Does not want to clear cut the area. Wants
buffer of trees (oaks and birch not poplar).
Planner Peaslee stated a silt fence as a temporary measure
during construction had not been constructed to prevent ero-
sion of the soil.
Commissioner Koss stated he was concerned with the wetlands
issue but not sure of the depreciation of the area because
of storage.
Bob Miller, an attorney for Kevitt Excavating, stated 8% of
the five acre site is storage of dirt, and it is proposed to
go from 8% to 16%. The land to the south is a loading dock,
east railroad and industrial --basically an isolated area.
Commissioner Elsen proposed Kevitt work with staff to find a
compromise. The letter from Barr Engineering recommends a
permanent maintenance agreement.
Commissioner Magnuson stated perhaps could call a special
meeting in two weeks if matter resolved.
Scott Kevitt stated he is able to use only about half of the
site due to restrictions and therefore needs to expand his
business.
No one appeared in opposition.
Moved by Commissioner Lundeen and seconded by Commissioner
Elsen to table until Kevitt Excavating and City staff
resolve the discussion of Application #95-7.3 for a site
plan review and Application #95-7.4 for a conditional use
permit to allow storing fill in an I-2 (Heavy Industrial)
District (Section 515.37, Subd. 4 b) at 3335 Pennsylvania
Ave. N., P.I.D. #20-118-21-23-0009, as submitted by Kevitt
Excavating.
Motion carried.
4. Chair Magnuson declared this was the time and the place as
advertised for a public hearing to consider Application #95-
8.3 for a site plan review and Application #95-8.4 for a
conditional use permit to allow indoor storage as an acces-
46 June 12, 1995 - Continued
sory to the office in a B-4 District at 5421 Lakeside Ave.
N. (formerly U S West Service Center) as submitted by James
and Susan Tich, 4422 Benjamin St. N.E., Columbia Heights.
Planner Peaslee stated the property is quite well screened
from neighboring sites. The company installs medical record
systems, has four employees and very little traffic with two
semi -trailer deliveries per week. The trucks will enter and
exit on 48th Ave. N. about 30 ft from West Broadway.
Jim Tich, 4422 Bejamin St. NE, Minneapolis, said operation
has paper files coming in and going out with metal files
sold and shipped directly.
The following were heard:
Maxine Olson, 5420 Lakeside Ave. N., concerned with parking
as she thought she might have difficulty getting out of her
driveway --parking will be on property.
Ted Partyka, 5325 - 48th Ave. N., concerned with semitrail-
ers --two at the same time are possible to be on the property
and the curb cut will be enlarged. Had heard West Broadway
was to be expanded to three lanes --Hennepin County has no
plans at this time.
Moved by Commissioner Madden and seconded by Commissioner
Elsen to close the public hearing.
Motion carried.
Moved by Commissioner Madden and seconded by Commissioner
Lundeen to recommend to the City Council to approve Applica-
tion #95-8.3 for a site plan review and Application #95-8.4
for a conditional use permit to allow indoor storage as an
accessory to the office in a B-4 (Community Commercial) Dis-
trict (Section 515.37, Subd. 4 g) at 5421 Lakeside Ave. N.,
P.I.D. #09-118-21-42-0066, as submitted by James and Susan
Tich.
The findings of fact are:
A. The CUP for an indoor storage as accessory to office in
a B-4 (Community Commercial) District at 5421 Lakeside
Ave. N. is consistent with the Comprehensive Plan.
B. The use will not tend to depreciate the area.
June 12, 1995 - Continued 47
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.
E. On-site parking shall be available for all employee and
visitor parking demand.
F. Existing landscaping shall be made part of the site
plan and maintained or replaced if lost.
G. The City may require screening on the east side of the
parking lot in the form of a fence, 90% opaque ever-
green hedge or evergreen plantings on this site.
Motion carried.
Moved by Commissioner Elsen and seconded by Commissioner Von-
Rueden to adjourn.
The meeting adjourned at 9:13 p.m.
Motion carried.
Chair Magnuson:'
CRYSTAL PLANNING COMMISSION MINUTES
June 26, 1995
The special meeting of the Crystal Planning Commission convened
at 7:00 p.m. with the following present: Elsen, Koss, Madden,
Magnuson, Maloney, Nystrom, Risvold and Von Rueden; the following
was absent: Lundeen; also present was Planner Peaslee.
1. Chair Magnuson declared this was a continuation of the
public hearing to consider Application #95-7.3 for a site
plan review and Application #95-7.4 for a conditional use
permit to allow storing fill in an I-2 District at 3335
Pennsylvania Ave. N. as submitted by Kevitt Excavating, 3335
Pennsylvania Ave. N.
No one appeared in opposition.
Moved by Commissioner Elsen and seconded by Commissioner
Risvold to close the public hearing.
Motion carried.
Moved by Co=issioner Elven and seconded by COMmissioner
Madden to recoL mend to the City Council to approve
Applicati_cin #95-7.3 for a site plan review axed Application
#95-7.4 for a conditional, use permit to alloy storir�g fill,
in an 1-2 (Heavy Industrial) DiEtrict (Section 515.37, Subd.
4 by at 3335 Pennsylvania. Ave. N., P.I.D. 020-118-21-23-
0009, as submitted by Kevitt Excavating.
The findings of fact are:
The CTP for storage of black dirt in the 1-2 Industrial
District at 3335 Pennsylvania Avenue is not inconsistent with
the comprehensive plan in that as the storage is approximately
15% of the site, it is incidental to the use as a. contractor's
yard and shop, and extensive measures to protect the
environment, including a site maintenance agreement, have been
taken,
•
The u.se will not tend to depreciate the area because a portion
of the trees and other vegetation will be left in a natural
state buffering the pond and neighboring property. The site is
located in the middle of an industrial district and is
isolated from view from local and collector streets as well as
neighboring property, industrially zoned or otherwise.
■ The character of the area is consistent with the proposed use
and uses otherwise permitted in the zone in that this is the
.? une 26, 1995 - Continued 4 9
only use within the area which is so screened from other
industrial uses and streets.
• There is a demonstrated need.
The Planning Commission recommends the City Council approve a
Conditional Use Permit to allow additional expansion of open
and outdoor storage in an I-2 (Heavy Industrial) District) at
3335 Pennsylvania, subject to the site plan and the following
conditions:
1. Implement an approved erosion control and dust control plan during
construction, including installation of silt fence along the perimeter of the
pond and the berm and swale until the site has been vegetated. The area to
be vegetated includes but is not limited to the slope of the stockpile, the
slopes of the sedimentation pond, and the slope of the wetland where the
applicant previously filled and denuded the wetland of vegetation.
2. Landscape all open and disturbed areas.
3. Storage of materials shall be limited to black dirt, top soil and mineral
soils. Processing of material shall be limited to screening and sorting.
Storage of concrete and asphalt, or processing, crushing or pulverizing of
same is not permitted.
4. Any expansion of the storage area will require consideration of the
Planning Commission and approval of the City Council.
5. Fill and boulders deposited around trees designated to be saved should be
removed immediately. Trees designated to be preserved must be protected
during the construction and afterward to a distance 12 times the diameter
of the tree.
5. Preserve or replace all trees over 12" diameter. Replacement trees must
be over 5" diameter. Two 3" trees may be substituted for each 5"
replacement.
7. Enter into a site maintenance agreement with the City to guarantee
maintenance of the erosion control measures.
8. Adjacent streets must be swept as necessary during hauling operations to
remove mud, dust, and other debris.
9. The site shall be operated and maintained in a dust free manner.
10. An easement must be granted at the end of Pennsylvania Avenue to
facilitate City street maintenance equipment turning around.
11. Permanent markers must be installed around the edge of the stockpile
area.
12. All lighting shall be hooded and so directed that the light source shall not
be visible from the public right of way or from neighboring residences.
13. Prepare and submit "as built" plans.
50
June 26, 1995 - Continued
14. Provide all lot irons in place and to grade at the time of final acceptance.
Motion carried.
2. Consideration of Variance Application #95-9.9 for a walk-in
bay window which will encroach in the required 30 ft. front
yard setback at 4749 Xenia Ave. N. as requested by PEM
Millwork for Robert and Jean Lynch.
Moved by Commissioner Risvold and seconded by Commissioner
Madden to set 7:00 p.m., or as soon thereafter as the matter
may be heard Monday, July 10, 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
Variance Application #95-9.9 to grant a variance of 2 ft. in
the required 30 ft. front yard setback (Section 515.13,
Subd. 5 a) for a walk-in bay window with a 75" width and a
projection of 24" at 4749 Xenia Ave. N., P.I.D. 09-118-21-
31-0093 as requested by PEM Millwork for Robert and Jean
Lynch.
Motion carried.
Planning Commission asked staff to look at changing the
ordinance.
Moved by Commissioner Maloney and seconded by Commissioner
Risvold to adjourn.
The meeting adjourned at 7:10 p.m.
Motion carried.
1
CRYSTAL PLANNING COMMISSION MINUTES
July 10, 1995
The meeting of the Crystal Planning Commission convened at 7:00
p.m. with the following present: Elsen, Lundeen, Madden, Magnu-
son, Maloney, Nystrom, Risvold and yon Rueden; 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 June 12 and 26, 1995, meetings.
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 Variance Application #95-9.9 for a walk-in bay win-
dow which will encroach in the required 30 ft. front yard
setback at 4749 Xenia Ave. N. as requested by PEM Millwork
for Robert and Jean. Lynch, 4749 Xenia Ave. N. Planner-
Peaslee stated a bay window was allowed at sill level which
would not increase the square footage of the structure
without a variance.
No one appeared in opposition.
Moved by Commissioner Risvold and seconded by Commissioner
Lundeen to close the public hearing.
Motion carried.
Moved by Commissioner Elsen and seconded by Commissioner
Maloney that pursuant to Section 515.56 of the Crystal City
Cade to recommend to the City Council to vary or modify the
Strict application of Section 515.1.3, Subd, 5 a) to grant a
variance of 2 ft. in the required 30 ft. .front yard setback
for a walk-in bay window with a 75" width and a projection
of 24" on the existing house, at 4749 Xenia Ave. N., P.I.D.
#09-118-21-31-0093, as requested in Application 95-9.9 of
PEM Millwork for Robert and Jean Lynch, 4749 Xenia Agro. N.
The findings of fact are:
The proposed variance will not:
1. impair an adequate supply of light and air to adjacent
property
2. unreasonably increase the congestion in public streets.
>' July 10, 1995 - Continued
3. Increase the danger of fire or otherwise endanger the
public safety
4. 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 unique placement of the building
on the lot and
1. the bay window cannot reasonably be built without the
variance
2. the plight of the landowner is unique to the property
and not created by the landowner.
3. the variance will not alter the essential character of
the locality.
Motion carried.
2. Consideration regarding an amendment to the Zoning Ordinance
relating to structures in required yards.
Moved by Commissioner Lundeen and seconded by Commissioner
Risvold 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, August 14, 1995, to consider an amendment
to the Zoning Ordinance relating to structures in required
yards (Section 515.13, Subd. 5.
Motion carried.
3. 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 #95-10.9 for a detached garage
which will encroach in the front half of the lot at 3126
Hampshire Ave. N. as requested by Tim and Karen Buck, 3126
Hampshire Ave. N. Planner Peaslee stated the advantages and
disadvantages of a detached garage and attached garage.
Timothy and Karen Buck, 3126 Hampshire Ave. N., stated they
wanted a detached garage because of the difference in cost
of $4,500 vs. $19,000 for an attached and there is no other
location to put the detached garage.
No one appeared in opposition.
Moved by Commissioner Lundeen and seconded by Commissioner
Elsen to close the public hearing.
Motion carried.
July 10, 1995 - Continued 3
Moved by Commissioner Lundeen and seconded by Commissioner
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 515.07, Subd. 5 c) 1) to grant
a variance to encroach in the front half of the lot for a
24' x 26' detached garage at 3126 Hampshire Ave. N., P.I.D.
20-118-21-41-0033, as requested in Application #95-10.9 of
Tim and Karen Buck, 3126 Hampshire Ave. N.
The findings of fact are:
The proposed variance will not:
l.impair an adequate supply of light and air to adjacent
property
2. unreasonably increase the congestion in public streets
3. Increase the danger of fire or otherwise endanger the
public safety
4. unreasonably dim.iniSh 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 unique topography of the lot and
1. a detached garage cannot reasonably be built without
the variance
2. the plight of the landowner is unique to the property
and not created by the landowner
3. the variance will not alter the essential character of
the locality.
Based on the above findings staff will require the following
stipulations be met:
1. The applicant provide a certified survey and site plan
to insure the garage is located within side yard
setbacks and front setback as approved by this
variance.
2. The applicant remove the existing driveway, fill with
topsoil and seed or sod to establish turf.
3. The applicant construct a new hard surface driveway
with removal of any poor soils and replacement with
sufficient base material.
4. The applicant provide engineering information to the
building official and take any remedial action required
by the building official to insure that the fill and
retaining wall will support the garage.
Motion carried.
LI r: July 10, 1995 - Continued
4. Attorney Steve Bubul with Kennedy & Graven reviewed the role
and function of the Planning Commission.
As you are appointed by the Council, you should keep in mind
you are an advisory commission.
Your responsibilities fall, into 1) planning, 2) administra-
tive and 3) adjudication. You develop a Comprehensive Plan,,
address the zoning and subdivision ordinance, review condi-
tional use pe=its and plats and act as the Beard of Adjust-
ment and Appeals on variances diving notice and providing
findings of fact,
Findings of facts are the basis for your decision in apply-
ing a particular ordinance to be reviewed by the Council.
Should have regular meeting schedule, can have special meet-
ings but need a quorum. Standards for variance should show
an undue hardship --economic circumstances are difficult to
support. Try to achieve basic fairness and do not worry too
much about setting a precedent.
Moved by Commissioner Elsen and seconded by Commissioner Maloney
to adjourn.
The meeting adjourned at 8:26 p.m.
Motion carried.
Chair Magnuson
I
55
CRYSTAL PLANNING COMMISSION MINUTES
August 14, 1995
The meeting of the Crystal Planning Commission convened at 7:00
p.m. with the following present: Elsen, Koss, Madden, Magnuson,
Nystrom, Risvold and Von Rueden; the following were absent:
Lundeen and Maloney; also the following were present: Community
Development Director Norris, Planner Peaslee and Recording Sec-
retary Scofield.
Moved by Commissioner Elsen and seconded by Commissioner Nystrom
to approve the minutes of the July 10, 1995, meeting
Motion carried.
1. 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 515.13, Subd. 5 a) of the
Zoning Code relating to bays encroaching in the front yard
set back. Planner Peaslee stated this would be a permitted
encroachment only in the front yard. The minimum front yard
setback is 30 ft. from the street right of way, so a bay
could be as close as 28 ft. He also stated the Building
Official has noted that another part of the same section of
the ordinance has created a minor hardship when adding air
conditioning to some homes by requiring the compressor to be
only in the back yard rather than the back or side yard as
the units are most efficient with the shortest supply lines.
Chair Magnuson was concerned with the side yard setback not
being wide enough if two houses both had compressors on the
same side.
No one appeared in opposition.
Moved by Commissioner Nystrom and seconded by Commissioner
Elsen to close the public hearing.
Motion carried.
Moved by Commissioner Nystrom and seconded by Commissioner
Risvold to recommend to the City Council to approve an
amendment to Section 515.13, Subd. 5 a) of the Zoning Code
relating to bays encroaching no more than 24 inches into the
front yard set back provided the bay does not increase the
floor area of the structure by more than 20 square feet as
requested by the City of Crystal.
The findings of fact are:
56 August 14, 1995 Cont'd
A. The proposed amendment is consistent with the Compre-
hensive Plan in that it better enables property owners
to improve and maintain the values of their property by
modernizing and updating them.
B. Simplifies and streamlines the administration of the
Zoning Ordinance.
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 #95-11.9 for a detached garage
which will encroach in the required front and side street
side yard setbacks at 4241 Adair Ave. N. as requested by
Patrick Gadbois. Planner Peaslee stated there is a small
house to the rear and a small shed. The house is a "garage
house" valued at $44,500 and in relatively good condition,
but it is questionable to add value to a property that
cannot sustain it.
Patrick Gadbois, 4241 Adair Ave. N., stated the house had
not been improved since is was built in 1942, and it does
not make sense to build a one -car garage these days.
Commissioner Elsen stated it seemed like a reasonable
request, the house is nicely kept up and it's there.
No one appeared in opposition.
Moved by Commissioner Elsen and seconded by Commissioner
Nystrom to close the public hearing.
Motion carried.
Moved by Commissioner Risvold and seconded by Commissioner
Koss 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)
granting a variance of 7 ft. in the front yard of the
required 64 ft. setback and 11 ft. in the side street side
yard of the required 30 ft. setback to construct a 24' x 24'
detached garage at 4241 Adair Ave. N., P.I.D. #16-118-21-22-
0095, as requested in Application #95-11.9 of Patrick
Gadbois.
The findings of fact are:
August 14, 1995 Cont'd 57
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 unique placement of the house on
the lot and
A. The garage cannot reasonably be built without the
variance
B. The plight of the landowner is unique to the property
and not created by the landowner
C. The variance will not alter the essential character of
the locality.
Plus the house recently sold and the property was approved
by the Housing Inspector.
Motion carried.
3. 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 #95-12.9 to allow the existing
two curb cut openings at 6619 - 31st Ave. N. as requested by
Daniel and Dahlia Clifton. Planner Peaslee stated the Phase
2 of the street reconstruction will be done next year, and
this property will be included. The City has a policy of
only one curb cut per residential property, and this is a
way to control parking.
Luz Campa, representative of the Cliftons, stated the
Cliftons purchased the property in 1989 and believed the
driveway was "grandfathered" in. They are trying to main-
tain the property and will be lessening the non -conformity.
Dahlia Clifton, 6619 - 31st Ave. N., stated the house was
built in 1950 with the present driveway, and they are trying
to maintain it.
No one appeared in opposition.
Moved by Commissioner Elsen and seconded by Commissioner
58 August 14, 1995 Cont'd
Nystrom to close the public hearing.
Motion carried.
Moved by Commissioner Koss and seconded by Commissioner
Elsen that pursuant to Section 515.56 of the Crystal City
Code to recommend to the City Council to deny granting a
variance (Section 515.09, Subd. 4 h)10) to allow the exist-
ing two curb cut openings while blacktopping the existing
driveway at 6619 - 31st Ave. N., P.I.D. #20-118-21-41-0055,
as requested in Application #95-12.9 of Daniel and Dahlia
Clifton
Findings of fact are:
A. The property has reasonable access to the garage on
31st Ave. N., and additional parking could be obtained
consistent with City ordinance and established policy
B. The plight of the landowner is not unique in that there
are similar situations in the same zoning district
C. The variance will alter the essential character of the
locality in that similar houses in the same neighbor-
hood have only one driveway curb cut.
D. Need to address ordinance allowing to park in the front
yard.
�p
The following voted aye: Elsen, Koss, Nystrom, Risvold, and
VonRueden. The following voted no: Madden and Magnuson.
Motion carried 5 to 2.
4. Discussion item:
Report of the Nafstad Property Task Force.
Planner Peaslee stated town houses are included in R-1 Sin-
gle Family District, and PUD is a conditional use in an R-1
District. Suggested having a minimum site of four or five
acres for a PUD.
Moved by Commissioner Elsen and seconded by Commissioner Von
Rueden to set a public hearing before the Planning Com-
mission at 7:00 p.m. or as soon thereafter as the matter
may be heard, Monday, September 11, 1995, to consider
changing the Comprehensive Plan as it relates to the 29th to
32nd Ave. N. Douglas to Brunswick site and setting a minimum
size site for a PUD.
Motion carried.
August 14, 1995 Cont'd 59
Moved by Commissioner Koss and seconded by Commissioner Madden to
adjourn.
Motion carried.
The meeting adjourned at 9:03 p.m.
Chair Magnuson
CRYSTAL PLANNING COMMISSION MEETING September 11, 1995
CANCELLED
CRYSTAL PLANNING COMMISSION MINUTES
October 9, 1995
The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the
following present: Koss, Madden, Magnuson, Maloney, Nystrom and Von Rueden; the
following were absent: Elsen, Lundeen and Risvold; also present were the following:
Community Development Director Norris, Planner Peaslee and Recording Secretary
Scofield.
Moved by Commissioner Madden and seconded by Commissioner Nystrom to approve
the minutes of the August 14, 1995, 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 Application #95-13.9 for a one -season porch which will
encroach in the required 30 ft. rear yard setback at 6504 - 38'h Ave. N. as requested
by Thomas and Valeria Klatt. Planner Peaslee stated the Florida Park land behind
the Klatt's residence is unmaintained with no park equipment used essentially for
open space and local drainage.
Thomas and Valeria Klatt, 6504 - 38'h Ave. N., want to enjoy the park and wetland
area in the back of their property.
No one appeared in opposition.
Moved by Commissioner Madden and seconded by Commissioner Maloney to close
the public hearing.
Motion carried.
Moved by Commissioner Nystrom and seconded by Commissioner Madden that
pursuant to Section 515.56 of the Crystal City Code to recommend to the City
Council to grant a variance of 9 ft. in the required 30 ft. rear yard setback for a one -
season porch on the existing house at 6504 - 381h Ave. N., P.I.D. #17-118-21-44-
0020, as requested in Application #95-13.9 of Thomas and Valeria Klatt.
The findings of fact are:
The proposed variance will not:
1. Impair an adequate supply of light and air to adjacent property
2. Unreasonably increase the congestion in public streets
3. Increase the danger of fire or otherwise endanger the public safety
October 9, 1995 Cont'd (.11
4. 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 unique topography of the lot and
1. The use cannot reasonably be built without the variance.
2. The plight of the landowner is unique to the property and not created by
the landowner.
3. The variance will not alter the essential character of the locality.
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 Application #95-14.9 for an attached garage which will
encroach in the required 30 ft. rear yard setback at 6919 - 52" Ave. N. as
requested by Delphine Taratuta.
Delphine Taratuta, 6919 - 52nd Ave. N., stated she was single and stressed wanting
to have an attached garage for safety reasons.
No one appeared in opposition.
Moved by Commissioner Maloney and seconded by Commissioner Nystrom to
close the public hearing.
Motion carried.
Moved by Commissioner Madden and seconded by Commissioner Koss 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 20 ft. in the required 30 ft. rear yard setback for a 22' x 22' attached
garage on the existing house at 6919 - 52nd Ave. N., P.I.D. #08-118-21-12-0058, as
requested in Application #95-14.9 of Delphine Taratuta.
The findings of fact are:
The proposed variance will not:
1. Impair an adequate supply of light and air to adjacent property
2. Unreasonably increase the congestion in public streets
3. Increase the danger of fire or otherwise endanger the public safety
4. 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 unique topography of the lot and
1. The use cannot reasonably be built without the variance.
62 October 9, 1995 Cont'd
2. The plight of the landowner is unique to the property and not created by
the landowner.
3. The variance will not alter the essential character of the locality.
Motion carried.
3. 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 Application #95-15.3 for a site plan review of a proposed
eight unit townhouse building at 3431 Douglas Drive North as submitted by Hidden
Creek Homes, owner Dave Kimball. Planner Peaslee stated the property is zoned
R-4 High Density Residential and proposal fits as transitional in the Comprehensive
Plan.
Dave Kimball, owner of Hidden Creek Homes, stated they plan to leave a natural
buffer, and the landscaping will be important to new owners.
Kevin and Melanie Greening, 3442 Douglas Dr. N., concerned with the project's
impact on the value of their over $110,000 home and the traffic caused by the
project.
Planner Peaslee stated 30,000 vehicles per day on Douglas Drive and has more
capacity than what is used.
Raymond Northfield, 3418 Florida Ave. N., concerned with the spillway that comes
from up above the hill and that the ravine was put in by the City. Also concerned if
Edgewood would go through and who would pay for assessments.
Planner Peaslee stated there is a storm sewer and catch basin along street, so the
drainage from this site would be directed to a catch basin.
Dr. John Luckow, owner of property adjacent to Northfield's, stated he has a half
acre which is landlocked and thought the street would go through in 1986 or 1987.
Sharon Garber, 3442 Florida Ave. N., concerned with access to the site and the
landscaping and how many trees will be saved.
Planner Peaslee stated the City has a tree preservation policy.
Joe and Cindy Benver, 3430 Florida Ave. N., concerned with the value of their
$125,000 home going down because of the project and whether the townhouses
would be rental and how high the project would be.
Applicant Kimball stated the project would be 22 ft. high, and these would be home
owners.
Commissioner Koss stated he wanted to see the whole landscaping plan return to
the Planning Commission.
Moved by Commissioner Madden and seconded by Commissioner Nystrom to close
the public hearing.
October 9, 1995 Cont'd
Motion carried.
Moved by Commissioner Koss and seconded by Commissioner Madden to
recommend to the City Council to approve Application #95-15.3 for a site plan
review (Section 520 of the Crystal City Code) of a proposed eight unit townhouse
building at 3431 Douglas Drive North, P.I.D. #20-118-21-11-0009, as submitted by
Hidden Creek Homes, owner Dave Kimball.
The findings of fact are:
a) consistency with the elements and objectives of the City's development
guides, including the comprehensive plan, general building requirements,
subsection 515.07 and storm water management plan; This proposal is
consistent with comprehensive plan and building requirements. Silt fence
and erosion control measures are part of the proposal.
b) consistency with this section 520;
c) preservation of the site in its natural state to the extent practicable by
minimizing tree and soil removal and designing grade changes to be in
keeping with the general appearance of neighboring developed or
developing areas, The developer has placed the building on the site to
minimize grading. Garage door dominance is minimized to the street by
keeping garage doors to a side yard. A landscaping plan needs to be
submitted for review and approval by the city forester and planning
commission.
d) creation of a harmonious relationship of buildings and open spaces with
natural site features and with existing and future buildings having a visual
relationship to the development, Side yard and rear yard abutting residential
will be minimally impacted.
e) creation of a functional and harmonious design for structures and site
features, with special attention to the following:
1) an internal sense of order for the buildings and uses on the site and
provision of a desirable environment for occupants, visitors and the general
community;
2) the amount and location of open space and landscaping; The proposal
exceeds the amount of open space required for multi -family housing.
Landscaping plans need to be submitted for review and approval by the city
forester.
3) materials, textures, colors and details of construction as an expression of
the design concept and the compatibility of the same with the adjacent and
neighboring structures and uses, and Construction is wood frame with lap
siding, values are consistent with or exceed values in neighboring
residential.
October 9, 1995 Cont'd
4) vehicular and pedestrian circulation, including walkways, interior drives
and parking in terms of location and number of access points to the public
streets, width of interior drives and access points, general interior circulation,
separation of pedestrian and vehicular traffic and arrangement and amount
of parking. Parking exceeds requirements.
0 promotion of energy conservation through design, location, orientation
and elevation of structures, the use and location of glass in structures and
the use of landscape materials and site grading, and The buildings will meet
energy code.
g) protection of adjacent and neighboring properties through reasonable
provision for surface water drainage, sound and sight buffers, preservation
of views, light and air and those aspects of design not adequately covered
by other regulations that may have substantial effects on neighboring land
uses. Neighboring properties are not greatly impacted by this proposal.
The Commission wants the landscaping plan to return to Planning Commission as
outlined.
Motion carried.
4. 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 515.51, Subd. 6
f), Subd. 8 e) and Subd. 2 b) of the Zoning Code relating to Planned Unit Development
regulations. Planner Peaslee stated this would be applied throughout the City not just
the Nafstad property. Would plat after approval with a minimum size of 2-1/2 acres.
Moved by Commissioner Maloney and seconded by Commissioner Koss to continue
until the November 13, 1995, meeting the discussion of amendments to the Zoning
Code relating to the Planned Unit Development regulations to: 1) require a minimum
site of 4 acres to qualify for such designation (Section 515.51, Subd. 6 f); 2) densities
of any residential planned unit development shall not exceed the density permitted in
the underlying zoning district (Section 515.51, Subd. 8 e); and 3) require the
subdivision process be subsequent to the planned unit development review and
approval process (Section 515.51, Subd. 2 b) as requested by the City of Crystal.
Motion carried.
5. Chair Magnuson declared this was the time and the place as advertised for a public
hearing to consider an amendment to the Comprehensive Plan as requested by the
City of Crystal relating to the Land Use Plan to guide the area generally east of
Douglas Drive, north of 30th Avenue, south of 31St Avenue and west of Brunswick
Avenue for LR - Low Density Residential development (currently guided for HR - High
Density Residential development on Figure 11).
Moved by Commissioner Koss and seconded by Commissioner VonRueden to close
the public hearing.
Motion carried.
Moved by Commissioner Koss and seconded by Commissioner Madden to recommend
to the City Council to approve an amendment to the Comprehensive Plan as requested
by the City of Crystal relating to the Land Use Plan to guide the area generally east of
October 9, 1995 Cont'd �5
Douglas Drive, north of 30th Avenue, south of 31St Avenue and west of Brunswick
Avenue for LR - Low Density Residential development (currently guided for HR - High
Density Residential development on Figure 11).
The findings of fact are:
1. The zoning of the property is R-1 single family.
2. The Comprehensive Plan must be consistent with the Zoning Ordinance.
3. LR Low Density Residential is consistent with neighboring density and
development patterns.
Motion carried.
Moved by Commissioner Madden and seconded by Commissioner Maloney to adjourn.
The meeting adjourned at 10:00 p.m
Motion carried.
Chair Magnuson
M
CRYSTAL PLANNING COMMISSION MINUTES
November 13, 1995
The meeting of the Crystal Planning Commission convened at 7:00 p.m. with the
following present: Eisen, Madden, Magnuson, Nystrom, Risvold and Von Rueden; the
following were absent: Koss, Lundeen and Maloney; also present were the following:
Community Development Director Norris and Planner Peaslee.
Moved by Commissioner Nystrom and seconded by Commissioner Risvold to approve
the minutes of the October 9, 1995, meeting.
Motion carried.
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 515.51 of the
Zoning Code relating to Planned Unit Development regulations. Planner Peaslee
reviewed the current requirements for Planned Unit Developments (PUD's) which
require applications to go through the conditional use permit process and the proposed
PUD ordinance which would be a separate zoning district which follows the underlying
Comprehensive Plan designation and density for that site. The Planning Commission
discussed the proposed ordinance, particularly the provision contained in Subd. 3, b)
which would allow 25% of the floor area to be a use outside of the Comprehensive Plan
uses. Chair Magnuson is opposed to this provision. Commissioner Eisen suggested
that language be added to allow the Planning Commission and City Council to adopt
findings that any use that is not consistent with the underlying Comprehensive Plan
designation would have to prove that it will enhance the project and neighborhood in
order to be considered. The Commission discussed how to maintain some flexibility for
the City in uses without giving up too much control.
Moved by Commissioner Risvold and seconded by Commissioner Madden to close
the public hearing.
Motion carried.
Moved by Commissioner Eisen and seconded by Commissioner Nystrom to
recommend to the City Council to approve an amended version of Section 515.51 of
the Zoning Code relating to Planned Unit Development regulations as submitted by
staff with the reference contained in Subd. 3, b) deleted so that section reads "Each
PUD shall only be used for the use or uses for which the site is designated in the
Comprehensive Plan."
The findings of fact are that staff requested the changes to improve the clarity of the
PUD regulations.
Motion carried.
November 13, 1995 Cont'd
2. The application for a proposed lot split at 3304 Hampshire Avenue North was
withdrawn by applicant Larry Emond, 3030 Sumter Avenue North, Crystal.
3, Chair Magnuson declared this was the time and place as advertised for a public
hearing to consider Application #95-17.3 for a site plan review of the commercial reuse
of a residential structure and a proposed office building at 5225 Douglas Drive North as
submitted by Joe Friberg, 1426 North Innsbruck Drive, Fridley MN. Planner Peaslee
reviewed Mr. Friberg's application and plans for the site. At present, Mr. Friberg will
remodel the existing residential building for office use, install a parking area and
landscaping. In the future, Mr. Friberg intends to build a new commercial building on
the site and remove the existing structure. Hennepin County is requesting that when
the site is redeveloped, the access on to Douglas Drive be closed.
Joe Friberg appeared and explained his plans, noting he would like to maintain the
access off of Douglas Drive.
Bob Bellos, 6321 Brentwood, expressed his concerns about the appearance of the
industrial uses behind the applicant's property.
Moved by Commissioner Elsen and seconded by Commissioner Madden to close the
public hearing.
Motion carried.
Moved by Commissioner Nystrom and seconded by Commissioner Madden to
recommend the City Council to approve Application #95-17.3 for a site plan review
(Section 520 of the Crystal City Code) of the commercial reuse of a residential structure
and a proposed office building at 5225 Douglas Drive North, P.I.D. #08-118-21-11-
0006, as submitted by Joe Friberg, 1426 North Innsbruck Drive, Fridley, MN, with the
following conditions:
1. The site plan should be revised to include buffering on the west property line.
2. The sole access to the property should be on 52nd Avenue North and located just
west of the existing building. The site plan should be revised to reflect these changes.
3. The site plan should be reviewed by the Planning Commission and City Council
before a permit for the new building is issued to review elevations and finish materials.
Motion carried.
4. Discussion items:
A. Annex Beth EI Memorial Park. Planner Peaslee reviewed the cemeteries' plans
to develop jointly and their desire to be located in one community. Staff
recommendation from both cities is that Beth EI cemetery be annexed to Crystal. Roy
Anderson, an architect for the cemetery, reported the New Hope City Council had
approved Beth El's request to be annexed to Crystal.
M
November 13, 1995 Cont'd
Moved by Commissioner Madden and seconded by Commissioner Eisen to recommend
to the City Council approval of Beth EI Memorial Park's request to be annexed to
Crystal.
Motion carried.
B. Adult Uses. Jim Thomson of Kennedy & Graven appeared to review information
on regulating adult uses with the Planning Commission. Mr. Thomson noted cities can
regulate adult uses which are protected as First Amendment issues. Cities can
regulate using zoning, licensing, health, and liquor regulations. Cities do need to
provide reasonable opportunities for adult uses to locate in the community.
Reasonable opportunities mean sites which are physically and legally available to such
uses.
The Planning Commission asked staff to draft an ordinance regulating adult uses as
quickly as possible and bring it back to a special meeting of the Commission to begin
review of the ordinance. The Commission tentatively scheduled a special meeting for
Tuesday, November 28, 1995, to consider the first draft of the ordinance.
C. Moved by Commissioner Eisen and seconded by Commissioner Nystrom to set
a public hearing for 7:00 p.m., Monday, December 11, 1995, to consider rezoning the
northeast corner of Bass Lake Road and West Broadway from B-3, Auto -Oriented
Commercial, and R-1, Single Family Residential, to B-4, Community Commercial, as
requested by the City of Crystal in anticipation of redevelopment of that area.
Motion carried.
Moved by Commissioner Madden and seconded by Commissioner Von Rueden to adjourn.
The meeting adjourned at 9:50 p.m.
Motion carried.
G mac..
Chair Magnuson
CRYSTAL PLANNING COMMISSION MINUTES
November 28, 1995
The special meeting of the Crystal Planning Commission convened at 7:00 p.m. with
the following present: Elsen, Lundeen, Madden, Magnuson, Maloney, Nystrom, and
Von Rueden; the following were absent: Koss and Risvold; also present were the
following: Community Development Director Norris and City Attorney Thomson.
The Planning Commission considered a draft ordinance amending Sections 1190 and
655 of the Crystal City Code and Section 515, the Crystal Zoning Ordinance, to
regulate adult establishments. Norris and Thomson reviewed proposed provisions and
requirements for such establishments. Thomson reviewed with the Commission why
and how the City can regulate adult establishments. The Commission discussed
several of the proposed requirements.
Gail Baumann, 6509 - 57th Avenue North, appeared to ask about the 25% threshold for
defining an adult establishment; the moratorium requires only 10%. Thomson noted
10% is not a reasonable enough figure, according to court cases. Baumann was
concerned about 250 feet distance requirements.
Bill Kusske, 6500 Brentwood Avenue North, offered the draft ordinance seems to
protect the community; he hopes it will pass.
Bob Bellos, 6321 Brentwood Avenue North, asked that adult establishments be
required to keep their dumpsters inaccessible to minors.
Moved by Commissioner Elsen and seconded by Commissioner Maloney to set a public
hearing for 7:00 p.m., Monday, December 11, 1995, to consider amending Sections
1190 and 655 of the Crystal City Code and Section 515, the Zoning Ordinance, to
regulate adult establishments.
Motion carried.
Moved by Commissioner Madden and seconded by Commissioner Lundeen to adjourn.
The meeting adjourned at 8:08 p.m.
Motion carried.
r
Chair Magnuson
W
H
CRYSTAL PLANNING COMMISSION MINUTES
December 11, 1995
The meeting of the Crystal Planning Commission convened at
7:00 p.m. with the following present: Elsen, Koss, Lundeen,
Madden, Maloney, Nystrom, Risvold and Von Rueden; the
following was absent: Magnuson; also present were Community
Development Director Norris, Planner Peaslee and Recording
Secretary Scofield.
Moved by Commissioner Nystrom and seconded by Commissioner
Risvold to approve the minutes of the November 13, 1995,
meeting, with the following exception: Item 1 should have
been "Moved by Commissioner Risvold and seconded by
Commissioner Madden to close the public hearing" and to
approve the minutes of the November 28, 1995, meeting.
Motion carried.
1. Vice Chair Elsen declared this was the time and the place
as advertised for a public hearing to consider the
proposed lot split at 4705 - 36th Ave. N. as requested in
Application #95-18.8 as submitted by Art Gibbs of
Professional Service Bureau. Planner Peaslee stated the
professional office building plat would be 15,000 sq.
ft., and the retail store plat would be 66,000 sq. ft.
with no curb cut changes involved. There are two curb
cuts on 36th, one on Noble and none on Orchard. There is
adequate parking.
Commissioner Koss asked if the fencing was owned by both
parties.
Commissioner Lundeen stated concerns with the fence and
the screening and landscaping.
The following were heard in opposition:
Chris Knoff, 3549 Orchard Ave. N.
Kenneth Evans, 3533 Orchard Ave. N.
Don Bishop, 3524 Orchard Ave. N.
Concerned that new owners would do nothing regarding
screening and fencing (next door homeowner put in $400 to
$500 fencing, but former owners of the Noble Drug Complex
Plat never connected to it).
Moved by Commissioner Risvold and seconded by
December 11, 1995 Cont'd
Commissioner Lundeen to close the public hearing.
Motion carried.
Moved by Commissioner Nystrom and seconded by
Commissioner Risvold to recommend to the City Council to
approve Application #95-18.8 for the proposed lot split
into two lots with retail stores on one lot and a
professional office building on the second lot at 4705 -
36th Ave. N., Lot 1, Block 1, Noble Drug Complex, as
submitted by Art Gibbs of Professional Service Bureau,
5301 East River Road #116, Minneapolis, MN 55421.
The findings of fact are:
1. The lots can be described by fractional or
proportional parts by reference to the legal
descriptions existing of record. The parcels are not
described by metes and bounds.
2. The applicant has provided a survey and site plan.
3. The buildings meet setback requirements at the time
of the lot division
The staff recommends the Planning Commission recommend to
the City Council to approve the proposed lot split of Lot
1, Block 1, Noble Drug Complex, subject to the following
conditions:
1.The applicant shall provide evidence of a crossover
parking agreement between the two lots
2. Access to the smaller lot shall be from 36th Avenue No.
and Noble Avenue No. Access shall not be granted from
Orchard Avenue North.
3.The City Building Inspector shall make sure the fencing
is up to code.
Motion carried.
. Vice Chair Elsen declared this was the time and the place
as advertised for a public hearing to consider
Application #95-19.1 as submitted by the City of Crystal
to rezone properties from B-3 (Auto -Oriented Commercial)
and R-1 (Single Family Residential) to B-4 (Community
Commercial) District at 56th Ave. N. and West Broadway.
The proponents presented the following: Planner Peaslee
stated completion should be about this time next year of
a 35,000 sq. ft. building with three to four tenants.
The plan agrees with the Comprehensive Plan. The
M
December 11, 1995 Cont'd
building will be at Bass Lake Road and West Broadway.
Commissioner Koss was concerned with the traffic going
through the neighborhood.
The following were heard in opposition:
Eldon Schirmers, 5640 Hampshire Ave. N.
John Morey, 5647 Hampshire Ave. N.
Gail Baumann, 6509 - 57th Ave. N.
Robert Bellos, 6321 Brentwood Ave. N.
Cindy Morey, 5647 Hampshire Ave. N.
The neighbors were concerned regarding the traffic,
screening of the project from the neighborhood, did not
want to lose the large pine trees, closing off some of
the accesses, that signs do not keep the trucks out of
the residential area and about giving up the residential
zoning.
Moved by Commissioner Nystrom and seconded by
Commissioner Lundeen to close the public hearing.
Motion carried.
Moved by Commissioner Nystrom and not seconded to
continue until January 8, 1996, meeting the discussion of
Application #95-19.1 as requested by the City of Crystal
in anticipation of redevelopment of the area to rezone
properties from B-3 (Auto -Oriented Commercial) to B-4
(Community Commercial) District at 6624 - 56th Ave. N.,
P.I.D. #05-118-21-41-0007, and at 5626 West Broadway,
P.I.D. #05-118-21-42-0006, and properties from R-1
(Single Family Residential) to B-4 (Community Commercial)
District at 5631 Hampshire Ave. N., P.I.D. #05-118-21-41-
0003, and 5639 Hampshire Ave. N., P.I.D. #05-118-21-41-
0002.
Community Development Director Norris stated this was a
rezoning hearing, and the concerns regarding the site
plan would be taken up during the site plan review
process.
Moved by Commissioner Risvold and seconded by
Commissioner Lundeen to recommend to the City Council to
approve Application #95-19.1 as requested by the City of
Crystal in anticipation of redevelopment of the area to
rezone properties from B-3 (Auto -Oriented Commercial) to
B-4 (Community Commercial) District at 6624 - 56th Ave.
M
December 11, 1995 Cont'd
N., P.I.D. #05-118-21-41-0007, and at 5626 West Broadway,
P.I.D. #05-118-21-42-0006, and properties from R-1
(Single Family Residential) to B-4 (Community Commercial)
District at 5631 Hampshire Ave. N., P.I.D. #05-118-21-41-
0003, and 5639 Hampshire Ave. N., P.I.D. #05-118-21-41-
0002.
The findings of fact are:
1. The proposed rezoning is consistent with the
comprehensive plan in that it rezones property to B-
4 Community Commercial consistent with the
Comprehensive Plan designation of CR Community
Retail and T Transitional.
■ The proposed rezoning will facilitate the
continued revitalization of the Bass Lake Road/
West Broadway retail area as the City's central
business and entertainment district.
■ Improve the existing retail center by providing
viable, safe, convenient, accessible and
attractive shopping environments that are user
friendly and able to satisfy market area demands.
■ Substantially improve the quality and image and
increase the value of the retail center on the
West Broadway corridor by facilitating the removal
of blighted and underutilized properties.
■ Intensify but contain existing retail centers to
minimize sprawling impacts on adjacent residential
areas.
2. The geographical area is guided CR Community Retail
T Transition.
3. The rezoning will not tend to or actually depreciate
the area in which it is proposed, because it is
removing blighted and underutilized property, and
the rezoning will facilitate the development of a
retail shopping center which will strengthen the
West Broadway/Bass Lake Road retail area as well as
provide a greater variety of retail and service
opportunities for the community and neighboring
areas
4. The character of the surrounding area is commercial
retail and residential.
5. The demonstrated need for such use.
Motion carried.
7.1
December 11, 1995 Cont'd
.3. Vice Chair Elsen declared this was the time and the place
as advertised for a public hearing to consider amendments
to the City Code and Zoning Ordinance regulating adult
uses. Community Development Director Norris stated the
ordinance defines adult establishments to include
businesses that devote 25% or more of their floor area to
merchandise relating to "specified sexual activities" as
defined in the ordinance. These establishments are
permitted no closer than 250 ft. of residentially zoned
property, churches, schools, daycare or liquor licensed
businesses and 500 ft. from any other adult
establishment. Hours of operation are limited to between
8:00 a.m. and 10:00 p.m. We are providing nine sites in
the industrial area of the City, but the attorney is
concerned that this may not provide adequate reasonable
opportunities and perhaps four additional sites in the B-
3 area could be included (near the Crystal Airport, the
former Arnold's on Hwy 81 and the Knights of Columbus
property.
The following were heard:
Gail Baumann, 6509 - 57th Ave. N.
Robert Bellos, 6321 Brentwood Ave. N.
Wanted only industrial sites provided and wanted to know
the status of the Fantasy Gifts Shop.
Attorney Thomson stated December 1 the City applied for a
temporary restraining order for the shop. The City is
waiting for the judge to make a decision.
Planning Commissioners objected to increasing the number
of sites and especially to the high visibility on Hwy 81.
Moved by Commissioner Madden and seconded by Commissioner
Nystrom to close the public hearing.
Motion carried.
Moved by Commissioner Lundeen and seconded by
Commissioner Koss to recommend to the City Council to
approve the amendments to Sections 1190 and 655 of the
Crystal City Code and Section 515 of the Zoning Ordinance
regulating adult uses and permitting adult establishments
only in the industrial zones.
The findings of fact are:
December 11, 1995 Cont'd
Studies conducted by the Minnesota Attorney General, the
American Planning Association, and cities such as St.
Paul, Minnesota; Indianapolis, Indiana; Hopkins,
Minnesota; Ramsey, Minnesota; Rochester, Minnesota;
Phoenix, Arizona; Los Angeles, California; and Seattle,
Washington have studied the impacts that adult
establishments have in those communities. These studies
have concluded that adult establishments have adverse
impacts on the surrounding neighborhoods. These impacts
include increased crime rates, lower property values,
increased transiency, neighborhood blight, and potential
health risks. Based on these studies and findings, the
City Council concludes:
a) Adult establishments have adverse secondary impacts
of the types set forth above.
b) The adverse impacts caused by adult establishments
tend to diminish if adult establishments are
governed by geographic, licensing, and health
requirements.
C) It is not the intent of the City Council to prohibit
adult establishments from having a reasonable
opportunity to locate in the City.
d) Minnesota Statutes, section 462.357, allows the City
to adopt regulations to promote the public health,
safety, morals and general welfare.
e) The public health, safety, morals and general
welfare will be promoted by the City adopting
regulations governing adult establishments.
Motion carried.
Moved by Commissioner Koss and seconded by Commissioner
Lundeen to adjourn.
Motion carried.
The meeting adjourned at 9:14 p.m.
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