1996 PC Meeting MinutesCRYSTAL PLANNING COMMISSION MINUTES
January 8, 1996
The meeting of the Crystal Planning Commission convened at 7:00
p.m. with the following present: Elsen, Koss, Lundeen, Madden,
Magnuson, Nystrom, Risvold and Von Rueden; the following was
absent: Maloney; also present were Planner Peaslee and Recording
Secretary Scofield.
Moved by Commissioner Elsen and seconded by Commissioner Lundeen
to approve the minutes of the December 11, 1995, meeting
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,
1996.
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, 1996.
All those in favor signify by voting aye, those opposed by
voting no.
Motion carried.
Commissioner Lundeen nominated and Commissioner Risvold sec-
onded the nomination of Jane Elsen as Vice Chair of the
Planning Commission for the year ending December 31, 1996.
All those in favor signify by voting aye, those opposed by
voting no.
Motion carried.
Commissioner Risvold nominated and Commissioner Madden sec-
onded the nomination of Commissioner Lundeen as Secretary of
the Planning Commission for the year ending December 31,
1996.
All those in favor signify by voting aye, those opposed by
voting no.
Motion carried.
2. Chair Magnuson declared this was the time and the place as
advertised for a public hearing to consider the proposed lot
split/combination at 5423 Welcome Ave. N. as requested in
Application #95-20.8 as submitted by the City of Crystal.
77
January 8, 1996 Cont'd
Planner Peaslee stated this was one of the lots which the
City purchased under the scattered site acquisition program.
The City was approached by someone who wanted to build a
handicap accessible home of 2200 sq. ft. with five bedrooms
and two -car garage but needed an 87' wide lot.
No one appeared in opposition.
Moved by Commissioner Elsen and seconded by Commissioner
Risvold to close the public hearing.
Motion carried.
Moved by Commissioner Madden and seconded by Commissioner
Lundeen to recommend to the City Council to approve Applica-
tion #95-20.8 for the proposed lot split/combination to
reconfigure two 75' x 134, lots into a 63' x 134' lot and an
87' x 134' lot at 5423 Welcome Ave N., Lots 2 and 3, Block
6, Boulevard Acres, as submitted by the City of Crystal.
The findings of fact are: Both lots meet the standard lot
size of the ordinance.
Motion carried.
3. Chair Magnuson stated that at the second reading the City
Council referred the ordinance regulating adult uses back to
the Planning Commission; so the Commission could discuss
including a provision for amortizing non -conforming uses in
the ordinance.
Attorney Dan Greensweig of Kennedy and Graven stated any
non -conforming use would terminate July 1, 1997, (this is
the time frame that worked in court as a back up measure)
and the Council can revoke the license
Robert Bellos, 6321 Brentwood Ave. N., Chair Magnuson stated
she understood minors are going into the adult establishment
and thought there should be some screening such as in video
stores. Robert Hellos, 5321 Brentwood Ave. N., confirmed
this.
Moved by Commissioner Koss and seconded by Commissioner Lun-
deen to recommend to the City Council to approve the ordi-
nance regulating adult establishments which includes a pro-
vision for amortization of non -conforming uses.
Motion carried.
January 8, 1996 Cont'd
Moved by Commissioner Madden and seconded by Commissioner Elsen
to adjourn.
Motion carried.
The meeting adjourned at 7:43 p.m.
Chair Magnuson
SecretarSk (tutideen
CRYSTAL PLANNING COMMISSION MINUTES
February 12, 1996
The 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: Lun-
deen and Magnuson; also present were Community Development Direc-
tor Norris, Planner Peaslee and Recording Secretary Scofield.
Moved by Commissioner Nystrom and seconded by Commissioner Ris-
vold to approve the minutes of the January 8, 1996, meeting
Motion carried.
1. Jerry Roper, McDonald's Corporate Manager, and Shahab Hyder,
owner/manager of Crystal McDonald's, are proposing to build
an approximately 3,300 sq. ft. restaurant area and a 1,400
sq. ft. play area at their 5400 West Broadway site and then
demolish the present structure. A site plan review should
be held at the March 11, 1996, Planning Commission meeting
if they make application. Planner Peaslee stated staff has
a preliminary floor plan, and McDonald's plans for very lit-
tle "down time" between demolishing the old building and
using the new building. A public hearing notice will go out
to the surrounding property owners. Planning Commission
voiced some concern regarding adequate parking.
2. Consideration of the Rockford Road Community Library expan-
sion with a site plan review March 11, 1996, Planning Com-
mission meeting if they make application. Planner Peaslee
gave an update on the plan.
3. Review of the parking requirements of the Zoning Ordinance.
Planner Peaslee stated the current 9-1/2' x 20' size could
go to 9' x 18' providing more parking for the business com-
munity. Staff will look at parking requirements for the
use, number of spaces required and relation to the gross
floor area. During the winter some parking is lost because
of the snow. Also handicap spaces require more footage.
4. Consideration of the Sign ordinance. Community Development
Director Norris stated that specifically, the Council asked
that the following issues be reviewed:
Definition of sign area (include all lighting in sign
area) ;
- Look at regulation of lighting as part of signage;
M
February 12, 1996 Cont'd
Regulation of readerboards visible from public right-
of-ways;
Look at including signs in windows as part of total
area permitted for wall signs;
Require signs to be reviewed and approved as part of
the site plan review process;
Look at options for signs (particularly wall and pylon
signs) for large buildings (those buildings over 80,000
square feet);
Review entire ordinance for other revisions which would
improve clarity and ease of understanding; and
Ask attorney to review variances to see if they can
ever be amortized and retired.
As the Planning Commission had no other issues to be added,
staff will bring these back for discussion and public hear-
ing in the next few months.
Moved by Commissioner Koss and seconded by Commissioner Risvold
to adjourn.
Motion carried.
The meeting adjourned at 8:00 p.m.
a -,
hair Elsen
of
CRYSTAL PLANNING COMMISSION MINUTES
March 11, 1996
The meeting of the Crystal Planning Commission convened at 7:00
p.m. with the following present: Elsen, Koss, Lundeen, Madden,
Magnuson, Nystrom, Risvold and Von Rueden; the following was
absent: Maloney; also present were Planner Peaslee and Recording
Secretary Scofield.
Moved by Commissioner Elsen and seconded by Commissioner Risvold
to approve the minutes of the February 12, 1996, meeting.
Motion carried.
1. Chair Magnuson declared this was the time and the place as
advertised for a public hearing to consider Applications
#96-1.3 and #96-1.4 as submitted by Jerry Roper, McDonald's
Corporate Manager, and Shahab Hyder, owner/manager of Crys-
tal McDonald's, for a site plan review and a conditional use
permit to allow a convenience food establishment in a B-4
District at 5400 West Broadway. They propose to build an
approximately 3,300 sq. ft. restaurant area and a 1,400 sq.
ft. play area at their site and then demolish the present
structure. Planner Peaslee stated the concrete wall between
McDonald's and Burger King will be removed and shrub roses
put in place. The plan meets the objectives of the
Comprehensive Plan.
The Chair was concerned with McDonald's having adequate
parking during the time of building and maintaining the old
facility. Planner Peaslee stated there is adequate parking.
Craig Barnes, representative of McDonald's, 1650 West 82nd
Street, Suite 900, Bloomington, MN, stated this is quite an
old facility and needs updating and will have a better
drive-through and more efficient parking.
No one appeared in opposition.
Moved by Commissioner Lundeen and seconded by Commissioner
Elsen to close the public hearing.
Motion carried.
Moved by Commissioner Risvold and seconded by Commissioner
Nystrom to recommend to the City Council to approve
Applications #96-1.3 and #96-1.4 as submitted by Jerry
Roper, McDonald's Corporate Manager, and Shahab Hyder,
owner/manager of Crystal McDonald's, for a site plan review
(Section 520 of the Crystal City Code) and a conditional use
permit to allow a convenience food establishment in a B-4
(Community Commercial) District (Section 515.37, Subd. 4 i)
March 11, 1996 Cont'd
at 5400 West Broadway, P.I.D. #05-118-21-44-0026.
The findings of fact are:
The CUP for a convenience food establishment for a
convenience restaurant in a B-4 (Community Commercial)
District at 5400 West Broadway, 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.
Motion carried.
2. Chair Magnuson declared this was the time and the place as
advertised for a public hearing to consider Application #96-
2.3 for a site plan review as submitted by St. James Lu-
theran Church of a proposed 4,578 sq. ft. addition at 6700 -
46th Place North. Planner Peaslee stated the original plan
in 1993 was larger (5,450 sq. ft.). The addition will
provide nursery, classroom and meeting room space.
Presently using hallways, offices and narthex area.
Senior Pastor Negstad, St. James Lutheran Church, 6700 -
46th Place North, Crystal, stated the church has an
agreement in writing with the school district to use the
nearby school for parking. Boy Scout troop meets at the
church so not only the congregation benefits but the City of
Crystal as well.
Commission questioned the adequacy of the parking and were
assured there was by including the school's parking area.
No one appeared in opposition.
Moved by Commissioner Koss and seconded by Commissioner
Madden to close the public hearing.
Motion carried.
Moved by Commissioner Madden and seconded by Commissioner
Koss to recommend to the City Council to approve Application
#96-2.3 for a site plan review (Section 520 of the Crystal
City Code) as submitted by St. James Lutheran Church at 6700
- 46th Place North, P.I.D. #08-118-21-43-0005.
March 11, 1996 Cont'd
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 stormwater management plan;
b) Consistency with this section;
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 building requires the
removal of one tree, which will be moved rather
destroyed or replaced.
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;
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;
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
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.
f) 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
g) Protection of adjacent and neighboring properties
March 11, 1996 Cont'd
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.
A copy of the parking agreement with the school district
is to be placed in the file.
Motion carried.
Moved by Commissioner Madden and seconded by Commissioner
Nystrom to adjourn.
Motion carried.
The meeting adjourned at7:30 p.m.
Chair Magnuson
sscreta'Lundeen
CRYSTAL PLANNING COMMISSION MINUTES
April 8, 1996
The meeting of the Crystal Planning Commission convened at 7:00
p.m. with the following present: Elsen, Koss, Lundeen, Magnuson,
Maloney, Nystrom and Von Rueden; the following were absent: Mad-
den and Risvold; also present were Community Development Director
Norris, Planner Peaslee and Recording Secretary Scofield.
Moved by Commissioner Elsen and seconded by Commissioner Lundeen
to approve the minutes of the March 11, 1996, meeting.
Motion carried.
1. Chair Magnuson declared this was the time and the place as
advertised for a public hearing to consider Applications
#96-3.3, #96-3.4 and #96-3.9 as submitted by John D. Black
for R/B Development Inc. for a site plan review; a condi-
tional use permit to allow a roll-over car wash in a B-3
District and a variance of the required 22' side street side
yard setback at 5273 West Broadway (Jiffy Lube).
Planner Peaslee discussed the snow storage and explained the
amount of stacking space for one-half hour would be seven
spaces with room for an additional seven cars. Parking is
not changed. The variance would be for economic reasons.
The Planning Commission questioned two structures on the
property, doesn't see it as a hardship so question the vari-
ance, suggested the car wash be attached to the building on
the north and thought the building and grounds were neatly
kept.
John Black, owner of Jiffy Lube, stated he spent $70,000 to
update this site. Plans to give a $3 car wash. Easier
access and better traffic flow locating the car wash to the
west. Will be coin operated and have the same hours as
Jiffy Lube. The concrete block building will be softened
with awnings.
Bob Mikulak, builder for Black, stated would have stacking
problems with attaching to the north.
No one appeared in opposition.
Moved by Commissioner Lundeen and seconded by Commissioner
Elsen to continue until the May 13, 1996, meeting the dis-
cussion of Applications #96-3.3, #96-3.4 and #96-3.9 as
86
April 8, 1996 Cont'd
submitted by John D. Black for R/B Development Inc. for a
site plan review (Section 520 of the Crystal City Code); a
conditional use permit to allow a roll-over car wash in a
B-3 (Auto -Oriented Commercial) District (Section 515.35,
Subd. 4 b) and a variance of 10' of the required 22' side
street side yard setback (Section 515.13, Subd. 3 b) 2) at
5273 West Broadway (Jiffy Lube), P.I.D. #09-118-21-22-0042.
Motion carried.
2. Consideration of a draft ordinance amending the Crystal City
Code by adding Section 1180 to regulate therapeutic massage.
Moved by Commissioner Koss and seconded by Commissioner Von-
Rueden to set 7:00 p.m., or as soon thereafter as the matter
may be heard Monday, May 13, 1996, in the Council Chambers,
Crystal City Hall, 4141 Douglas Drive, to consider amending
the Crystal City Code by adding Section 1180 to regulate
therapeutic massage.
Motion carried.
3. Discussion:
A. Chair would like to review City's parking standards to
eliminate discussions about City standards versus
industry standards.
B. Fantasy Gifts --court date scheduled for May. Police
should be aware it appears 12-13 year old kids are going
into shop. Ordinance is better than a moratorium with
amortization of 1-1/2 years.
C. Annual City tour will be May 2 at 5 p.m.
Moved by Commissioner Elsen and seconded by Commissioner Maloney
to adjourn.
Motion carried.
The meeting adjourned at 8:17 p.m.
Chair Magn sonf/.
7
CRYSTAL PLANNING COMMISSION MINUTES
May 13, 1996
The meeting of the Crystal Planning Commission convened at 7:00
p.m. with the following present: Elsen, Madden, Magnuson,
Maloney, Nystrom, Risvold and VonRueden; the following were
absent: Koss and Lundeen; also present were Planner Peaslee and
Recording Secretary Scofield.
Moved by Commissioner Elsen and seconded by Commissioner Risvold
to approve the minutes of the April 8, 1996, meeting.
1. Chair Magnuson declared this was a continuation of the
public hearing to consider Applications #96-3.3, #96-3.4 and
#96-3.9 as submitted by John D. Black for R/B Development
Inc. for a site plan review; a conditional use permit to
allow a roll-over car wash in a B-3 District and a variance
of the required 22' side street side yard setback at 5273
West Broadway (Jiffy Lube).
Planner Peaslee stated Plan B with the car wash to the rear
and to the west of the building would not need a variance,
only a site plan review and a conditional use permit.
Bob Mikulak, builder for Black, stated 30-40% of Jiffy
Lube's business is fleet vehicles and other Jiffy Lubes have
car washes.
John Black, stated it would be a further enhancement to the
City of Crystal, free car wash to Jiffy Lube customers, car
wash is shut off when 10 degrees or colder, 3-5 min. wash,
six cars stacking, operate 12 hours per day except 8-5
Saturday and 10-4 Sunday, coin-operated and only operate if
Jiffy Lube is open.
The following were heard:
Bill Jurkens, Octopus Car Wash, 5301 Douglas Drive North,
stated he had major concerns with the problem of stacking
and that cars will be lined up in the street, with no
attendant in the wash and great amount of water in the
street forming ice and causing a traffic hazard.
Mark Suttle, Suttle's Self Sery Car Wash, 5160 West
Broadway, was concerned with the ice on Douglas causing a
traffic hazard.
8 H}
May 13, 1996 Cont'd
Commissioner Nystrom was concerned with the ice and added
salt to the street and questioned if there was a need.
Moved by Commissioner Elsen and seconded by Commissioner
Maloney to close the public hearing.
Motion carried.
Moved by Commissioner Elsen and seconded by Commissioner
Maloney to recommend to the City Council to approve
Applications #96-3.3 and #96-3.4 as submitted by John D.
Black for R/B Development Inc. for a site plan review
(Section 520 of the Crystal City Code)and a conditional use
permit to allow a roll-over car wash in a B-3 (Auto -Oriented
Commercial) District (Section 515.35, Subd. 4 b) at 5273
West Broadway (Jiffy Lube), P.I.D. #09-118-21-22-0042.
The findings of fact are:
1. Relationship to municipal comprehensive plan.
2. The geographical area involved.
3. Whether such use will tend to or actually depreciate
the area in which it is proposed.
4. The character of the surrounding area.
5. The demonstrated need for such use.
6. The following specific standards for car washes:
b) Car washes (drive through, mechanical and
self-service) provided that:
1) The architectural appearance and
functional plan of the building and site shall not
be so dissimilar to the existing buildings or area
as to cause impairment in property values or
constitute a blighting influence within a reasonable
distance of the lot.
2) Magazining or stacking space is
constructed to accommodate that number of vehicles
which can be washed during a maximum 30 minutes
period and shall be subject to the approval of the
City Engineer.
3) At the boundaries of a residential
district, a strip of not less than five feet shall
be landscaped and screened in compliance with
Subsection 515.07, Subdivision 9 of this Code.
r, 9
May 13, 1996 Cont'd
4) Each light standard island and all
islands in the parking lot landscaped or covered.
5) Parking or car magazine storage space
shall be screened from view of abutting residential
districts in compliance with Subsection 515.07,
Subdivision 9 of this Code.
6) The entire area other than occupied by
the building or plantings shall be surfaced with
material which will control dust and drainage which
is subject to the approval of the City Engineer.
7) The entire area shall have a drainage
system which is subject to the approval of the City
Engineer.
8) All lighting shall be hooded and so
directed that the light source is not visible from
the public right-of-way or from an abutting
residence and shall be in compliance with Subsection
515.07, Subdivision 10 of this Code.
9) Vehicular access points shall be
limited, shall create a minimum of conflict with
through traffic movement and shall be subject to the
approval of the City Engineer.
10) All signing and informational or visual
communication devices shall be in compliance with
Section 406 of the City Code.
11) Provisions are made to control and
reduce noise.
12) The provisions of Subsection 515.53,
Subdivision le of this code are considered and
satisfactorily met.
In addition there will be an attendant available anytime the car
wash is open to the public, and safety measures for traffic and
de-icing will be implemented.
The following voted aye: Elsen, Madden, Magnuson, Maloney,
Risvold and VonRueden. The following voted no: Nystrom
Motion carried 6 to 1.
. Consideration of an amendment to the Zoning Ordinance
(Section 515 of the Crystal City Code) regarding parking
requirements.
M
May 13, 1996 Cont'd
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, June 10, 1996, in the Council
Chambers, Crystal City Hall, 4141 Douglas Drive, to consider
amending the Zoning Ordinance (Section 515 City Code)
regarding parking requirements.
Motion carried.
3. Consideration of Variance Application #96-4.9 for a swimming
pool and fence which will encroach in the required side
street side yard setback at 7024 - 35th Avenue North as
requested by Danielle Hutzell.
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, June 10, 1996, 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 #96-4.9 to grant a variance of
5' in the required 10' of the side street side yard setback
(Section 515.13, Subd. 3) at 7024 - 35th Avenue North,
P.I.D. #20-118-21-12-0132, as requested by Danielle Hutzell.
Motion carried.
4. Consideration of applications for variances from Zoning
Ordinance for driveway in side yard area and parking
requirements in Zoning Ordinance and site plan review as
requested by SuperAmerica for 7818 - 36th Avenue North.
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, June 10, 1996, 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 applications for variances from Zoning Ordinance
for driveway in side yard area and parking requirements in
Zoning Ordinance and site plan review as requested by
SuperAmerica for 7818 - 36th Avenue North.
Motion carried.
5. Consideration of an application to vacate Hampshire Avenue
between Brentwood Avenue and 56th Avenue as requested by
Bass Lake Road Retail Associates.
Moved by Commissioner Maloney and seconded by Commissioner
VonRueden to set 7:00 p.m., or as soon thereafter as the
matter may be heard Monday, June 10, 1996, in the Council
May 13, 1996 Cont'd
Chambers, Crystal City Hall, 4141 Douglas Drive, for an
informational meeting to consider an application to vacate
Hampshire Avenue between Brentwood Avenue and 56th Avenue as
requested by Bass Lake Road Retail Associates, and notifying
property owners within 500 feet.
Motion carried.
6. Discussion of Sign Ordinance.
Moved by Commissioner Risvold and seconded by Commissioner
Maloney to review sign ordinances and permits with
information from the Building Inspector while the Sign
Ordinance is being looked at.
Motion carried.
7. Information items:
A. Revisions to the weed ordinance.
B. The public hearing on amending the Zoning Ordinance to
permit massage therapy establishments in certain commercial
districts will be held on June 10, 1996. (The Planning
Commission set public hearing for May 13, 1996, but no
public hearing notice was published.)
Moved by Commissioner Madden and seconded by Commissioner Maloney
to adjourn.
Motion carried.
The meeting adjourned at 8:50 p.m.
Chair Magnuson
i
CRYSTAL PLANNING COMMISSION MINUTES
June 10, 1996
The meeting of the Crystal Planning Commission convened at 7:00
p.m. with the following present: Elsen, Koss, Madden, Magnuson,
Maloney, Nystrom, R.isvold and Von Rueden; the following was
absent: Lundeen; also present were Planner Peaslee and Recording
Secretary Scofield.
Moved by Commissioner Madden and seconded by Commissioner Elsen
to approve the minutes of the May 13, 1996, meeting.
Motion carried.
1. Diane Bolter of the Human Rights Commission spoke regarding
the multi-cultural/heritage fair on October 19, 1996. She
stated they need more members and need help from the commis-
sions with the food, contacting churches, etc. and
advertising.
2. Chair Magnuson stated this is an informational meeting to
consider an application to vacate Hampshire Avenue between
Brentwood Avenue and 56th Avenue as requested by Bass Lake
Road Retail Associates.
Planner Peaslee stated the developer is trying to keep the
traffic on the site and two main roads and not into the
neighborhood. There would be right turns in and out at Bass
Lake Road at Hampshire and 57th and West Broadway and have
requested a traffic signal by Hennepin County for 57th and
West Broadway. Paster Enterprises hired Benshoof and Asso-
ciates to do a traffic study. The public hearing will be
held by the City Council, and property owners should get
notice 10 days ahead of the hearing date.
Jim Benshoof, Benshoof and Associates, stated they recommend
reducing the number of access points from nine to two with-
out causing adverse impacts on adjacent street traffic.
There will be right turns in and out of the site.
The following voiced concerns:
Lois Degendorfer, 6309 Brentwood Ave N
Amanda Jaeger, 6505 Brentwood Ave N
Al Mantei, 5405 Elmhurst Ave N
Bill Kusske, 6500 Brentwood Ave N
David Jaeger, 6505 Brentwood Ave N
George Bradshaw, 6432 - 57th Ave N
Gail Baumann, 6509 - 57th Ave N
June 10, 1996 Cont'd 93
Bob Bellos, 6321 Brentwood Ave N
Mark Anderson, Manager of Champion Auto
6600 - 56th Ave N
Two-way traffic in alley should be one-way, wondered if
semis could turn around on site, Jay and Debbie Groth's
garage at 5624 Hampshire Ave N has no access if street
vacated, should improve parking for Champion, what will hap-
pen to the wooded area on Brentwood? (will be left in natu-
ral state until needed for parking), who are the Bass Lake
Associates? (Paster Enterprises), suggested half of Hamp-
shire be closed, more neon signs at end of street does not
have appeal, Thrift Way will not appreciate the back up of
traffic by their entrance and exit, fear trucks wanting to
go east will go down alley, how will it affect the street
sewer? (northeast Cloverdale storm sewer will take care of
all drainage), cost of giving property to Paster, suggested
closing the alley and would like maps Benshoof provided
rather than one sent to property owners on back of informa-
tional meeting notice.
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 #96-4.9 for a swimming pool and fence
which will encroach in the required 10 ft. side street side
yard setback at 7024 - 35th Avenue North as .requested by
Danielle Hutzell.
Planner Peaslee stated the 8 ft. fence is approximately on
the property line. The pool has a 5 ft. setback. Homeowner
intended to put a deck on three sides of the pool. Recom-
mend denial to the City Council.
Danielle Hutzell, 7024 - 35th Ave. N., stated there was no
room next to the garage and had the power lines moved.
Admitted to being naive in assuming where the property line
was. If moved the pool would butt up against the house or a
nice tree would have to be removed. The pool is 4 ft. above
ground and 8 ft. in ground. To move the pool would destroy
it --$1,000 for just the liner. The pool company in fine
print in the contract said the building permit was the
responsibility of the homeowner.
Kevin Cochran, a friend from Rosemont, stated it was deter-
mined to be the best location for the pool because of the
sun.
114
June 10, 1996 Cont'd
Paul Kleinfelder, landscape contractor, said pool contractor
did not work with her. The pool would increase the property
value and the neighbors' value as well. Anxious to do the
landscaping as the area is dirt and extremely messy when it
rains. Danielle Hutzell was a victim by the pool contractor
and if not granted the variance would be a victim twice.
No one appeared in opposition, and the homeowner supplied
forms from neighboring property owners who did not object.
Moved by Commissioner Elsen and seconded by Commissioner
Risvold to close the public hearing.
Motion carried.
Moved by Commissioner Elsen and seconded by Commissioner
Nystrom that pursuant to Section 515.56 of the Crystal City
Code to recommend to the City Council to deny granting a
variance of 5 ft. in the required 10. ft. side street side
yard setback (Section 515.13, Subd. 3) for a swimming pool
and fence at 7024 - 35th Avenue North, P.I.D. #20-118-21-12-
0132 as requested in Application #96-4.9 by Danielle
Hutzell.
The findings of fact are:
There is no finding of hardship to support the variance because
1. A swimming pool and deck could reasonably be built on the lot without a
variance in setback.
2. The plight of the landowner is not unique. in that there are similar lots on
the same block and R-1 zoning district.
There may be extenuating circumstances which will be pre-
sented by the homeowner in addition which the Council may
wish to consider.
The following voted aye: Elsen, Magnuson, Maloney, Nystrom
and Von Rueden. The following voted no: Koss, Madden and
Risvold.
Motion carried 5 to 3.
4. 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 Applications #96-5.3 and #96-5.9 for the site
plan review and variance in the required off-street parking
and driveway requirements at 7818 - 36th Avenue North as
June 10, 1996 Cont'd
requested by SuperAmerica.
95
Planner Peaslee stated New Hope and Crystal are redoing
36th Avenue. The entrance on Winnetka will be widened from
22 ft. to 32 ft. and moved to the north, and the 36th Ave-
nue entrance will be widened to 39 ft. Parking will be
reduced, and they would provide metal picket fence and
landscaping. Also gas pumps will be re -oriented north -
south.
Michael Cronin, architect for SuperAmerica site, stated the
new stores are built this way with a brick canopy matching
the store front. They will have some trees and plantings
in the corner area and will try to keep the drive -up tele-
phone there if possible. He also introduced the builder,
Ken Olson, and the store manager, Tom Tollefson.
Chair Magnuson was concerned with the handicap parking
being permanently marked.
No one appeared in opposition.
Moved by Commissioner Madden and seconded by Commissioner
Koss to close the public hearing.
Motion carried.
Moved by Commissioner Maloney and seconded by Commissioner
Madden to recommend to the City Council to approve the site
plan review (Section 520 of the Crystal City Code) and that
pursuant to Section 515.56 of the Crystal City Code to
recommend to the City Council to vary or modify the strict
application of Section 515.09, Subd. 8 s) granting a vari-
ance of four parking spaces to the required 24 off-street
parking spaces and 5 ft. driveway requirements as requested
in Applications #96-5.3 and #96-5.9 at 7818 - 36th Avenue
North, P.I.D. #17-118-21-33-0006 of SuperAmerica.
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, and in this case
will decrease the congestion in public streets
3. increase the danger of fire or otherwise endanger the public safety
96 June 10, 1996 Cont'd
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, and in fact is caused by government action in the acquisition of
an easement and closing of an entrance to the property,
3. the variance will not alter the essential character of the locality.
The Planning Commission recommends the City Council approve the site plan
subject to the following stipulations:
1. A revised landscaping plan as approved and recommended by the City
Forester shall be submitted.
2. A sign plan shall be submitted by the applicant to the Planning Commission
for approval prior to issuance of building permits.
3. The building, canopy support columns and landscaping fence shall all be
faced with matching brick.
Eliminate the drive -up phone as a last resort and that there
be a permanent marker on the asphalt handicap parking spot.
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 Zoning Code relating to regulation of off-street
parking.
Moved by Commissioner Risvold and seconded by Commissioner
Elsen to close the public hearing.
Motion carried.
Moved by Commissioner Maloney and seconded by Commissioner
Madden to recommend to the City Council to approve an amend-
ment to the Zoning Code relating to regulation of off-street
parking (Section 515.09).
The findings of fact are:
The proposed amendment to the Zoning Ordinance is in confor-
mance with the Comprehensive Plan.
Motion carried.
6. Chair Magnuson declared this was the time and the place as
advertised for a public hearing to consider amendments to
June 10, 1996 Cont'd 9V
the Zoning Ordinance relating to therapeutic massage
enterprises.
Gail Baumann, 6509 - 57th Ave N, asked for the definition of
a therapeutic massage.
Moved by Commissioner Madden and seconded by Commissioner
Elsen to close the public hearing.
Motion carried.
Moved by Commissioner Elsen and seconded by Commissioner
Madden to recommend to approve the amendments to the Zoning
Ordinance relating to therapeutic massage enterprises. The
proposed amendments to Section 515.29, Subd. 2; 515.33,
Subd. 2 and 515.37, Subd. 2 will include therapeutic massage
enterprises as permitted uses in the B -la, Professional
Office, B-2, Limited Commercial and B-4 Community Commercial
Districts.
The findings of fact are:
The hours not to operate between 9:00 p.m. and 7:00 a.m.--
similar to a chiropractor's hours. The Commission would
like to know why the citizenship requirement was removed.
Motion carried.
7. Discussion of sign ordinance.
Moved to July 8, 1996, meeting.
Moved by Commissioner Koss and seconded by Commissioner Madden to
adjourn.
Motion carried.
The meeting adjourned at 10:30 p.m.
rte-
Chair Magnuson!
Secretary Lundeen
8
CRYSTAL PLANNING COMMISSION MINUTES
July 8, 1996
The meeting of the Crystal Planning Commission convened at 7:00
p.m. with the following present: Elsen, Madden, Magnuson,
Maloney, Nystrom and Von Rueden; the following were absent:
Koss, Lundeen and Risvold; also present were Community Develop-
ment Director Norris, Planner Peaslee and Recording Secretary
Scofield.
Moved by Commissioner Elsen and seconded by Commissioner Madden
to approve the minutes of the June 10, 1996, meeting.
Motion carried.
1. Steve Bubul of the City Attorney's office appeared to review
the role and function of the Planning Commission.
Planning Commission is appointed by the City Council. It
acts administratively on building permits for residential
and commercial, zoning, etc. Acts as Board of Adjustments
and Appeals on variances. In August, 1995 the legislature
changed the rules and requires that the zoning cannot be
inconsistent with the Comprehensive Plan. By 1998 the Zon-
ing Ordinance must be consistent with the Comprehensive Plan
and must be reviewed at least once every 10 years. In 1995
there was a 60 -day rule implemented whereby the City must
act on zoning applications telling the applicant if incom-
plete information. City can extend up to another 60 days
with written notification.
2. Discussion regarding revisions/update to the sign ordinance.
International Sign Organization is the model for this ordi-
nance. P. 14 covers canopies and marquees as to size and
attachment of signs. P. 16 describes non -conforming signs
and the amortization procedure. Can use up to six banners
and temporary signs per year. Readerboard lighting must be
directed away from residences. Should limit signs on win-
dows that eliminate windows.
3. Consider scheduling special meeting for Monday, July 22,
1996, to consider the site plan for the Bass Lake Road
Retail Associates at Bass Lake Road and West Broadway.
Edward Paster and John Streeter appeared and stated they had
held a neighborhood meeting. They did not feel the plan had
enough pazazz and have junked it. They want a town square
July 8, 1996 Cont'd
99
feeling, more creative and a dramatic retail area. Will be
meeting with the architect this week. The "south 40" behind
the Crystal Shopping Center will be landscaped or paved by
September, 1997. So far have not been able to attract new
tenants for this area.
Moved by Commissioner Madden and seconded by Commissioner Elsen
to adjourn.
The meeting adjourned at 8:03 p.m.
Motion carried.
Chair Magnus
ll�
CRYSTAL PLANNING COMMISSION MINUTES
August 12, 1996
The meeting of the Crystal Planning Commission convened at 7:00
p.m. with the following present: Elsen, Lundeen, 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 July 8, 1995, meeting.
Motion carried.
1. Chair Magnuson declared this was the time and the place as
advertised for a public hearing to consider Application #96-
6.3 for a site plan review as submitted by Rockford Road
Community Library for a proposed addition and remodeling at
6401 - 42nd Avenue North. Planner Peaslee stated the
Library wants about a 4,000 sq. ft. addition on the west and
plaza and remodeling inside. 66 parking spaces are required
(has 84) --if need more parking can use front lawn.
The following were heard:
Jan Fedora, 6412 41st Ave. N., asked for clarification of
parking expansion.
Jan Kinney, 10305 40th Ave. N., Plymouth, Librarian, stated
they did not plan to expand the parking as the meeting
room's principal use would be for children who are
transported in groups by cars.
Moved by Commissioner Nystrom 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
Application #96-6.3 for a site plan review (Section 520 of
the Crystal City Code) as submitted by Rockford Road
Community Library for a proposed addition and remodeling at
6401 - 42nd Avenue North, P.I.D. #17-118-21-14-0015.
The findings of fact are:
While the site plan review ordinance does not specifically require findings in
evaluating a site and building plan, the ordinance does require the Planning
August 12, 1996 Cont'd
Commission and City Council to consider the plan's compliance with the
following:
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;
b) consistency with this section.-
c)
ection;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;
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;
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;
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
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.
t) 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
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.
Reserve parking available as needed.
Motion carried.
2. Discussion regarding revisions/update to the Sign Ordinance.
1. () ;r
August 12, 1996 Cont'd
It was suggested removing marquees from the Ordinance as
Crystal does not have any. Construction signs should be
removed within one year rather than two years of the date of
issuance of the first building permit. Should look at it
again at September meeting and set a public hearing.
3. Planner Peaslee stated there may be a public hearing for an
accessory parking space and second curb cut variance.
Moved by Commissioner Nystrom and seconded by Commissioner
Lundeen to adjourn.
Motion carried.
The meeting adjourned at 8:01 p.cn.
ecreta Lundeen
Chair Magnuson
T
September 9, 1996
CRYSTAL PLANNING COMMISSION MINUTES
The meeting of the Crystal Planning Commission convened at 7:00
p.m. with the following present: Elsen, Koss, Lundeen, Madden,
Magnuson, Maloney, Nystrom and Von Rueden; also present were
Planner Peaslee and Community Development Director Norris.
Moved by Commissioner Elsen and seconded by Commissioner Lundeen
to approve the minutes of the August 12, 1996, meeting.
Motion carried.
1. Chair Magnuson declared this was the time and the place as
advertised for a public hearing to consider Application #96-
7.1 as submitted by Andrew Duncanson of Dunlo Motors to
rezone properties at 5241 West Broadway from I-2 (Heavy
Industrial) District to B-3 (Auto -Oriented Commercial)
District and 5269 West Broadway and 5160 Douglas Drive North
from B-4 (Community Commercial) District to B-3 (Auto -
Oriented Commercial); #96-7.8 to plat the properties into
one plat and #96-7.4 for a conditional use permit to allow
motor vehicle sales in a B-3 District at 5241 West Broadway.
Planner Peaslee noted the application is incomplete as a
site plan is needed.
Moved by Lundeen and seconded by Nystrom to continue until
October 14, 1996, the discussion of Application #96-7.1 as
submitted by Andrew Duncanson of Dunlo Motors to rezone
properties at 5241 West Broadway from I-2 (Heavy Industrial)
District to B-3 (Auto -Oriented Commercial) District and 5269
West Broadway and 5160 Douglas Drive North from B-4
(Community Commercial) District to B-3 (Auto -Oriented
Commercial); #96-7.8 to plat the properties into one plat,
presently described as 5241 West Broadway, Lot 1, Block 1,
Conservation Systems 2nd Addition, 5269 West Broadway, Lot
1, Block 1, Crystal Northwest Properties 2nd Addition and
5160 Douglas Drive North, Lot 3, Block 1, Crystal Northwest
Properties Second Addition; and #96-7.4 for a conditional
use permit to allow motor vehicle sales (Section 515.35,
Subd. 4, g) in a B-3 District at 5241 West Broadway.
Motion carried.
2. Chair Magnuson declared this was the time and 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 #96-8.9 for a variance to allow an
1114
September 9, 1996
accessory parking space and second curb cut opening as
requested by John and Luzetta Kenney. Planner Peaslee
reviewed the history of the use and there was an old D -style
curb which the Kenneys drove over to use the accessory
parking space. Peaslee noted that an accessory parking
space could not be next to the driveway because of the
topography and terracing. Peaslee explained that this is
not a non -conforming use because there was no curb cut and
even though the curb was mountable, other driveways in the
area had curb cuts. The proponents presented the following:
Luzetta Kenney, 2827 Hampshire, stated a neighbor had
gotten a curb cut.
The following were heard:
Ray Wormsbecker, 2809 Hampshire, appeared in favor of
the Kenneys' application and said he thinks they need
the second curb cut.
Moved by Elsen and seconded by Madden to close the public
hearing.
Motion carried.
Moved by Elsen and seconded by Maloney that pursuant to
Section 515.56 of the Crystal City Code to recommend to the
City Council to vary or modify the strict application of
Section 515.09, Subd. 6 f) and Section 515.09, Subd. 4 h)
10) granting a variance to allow the continued use of an
accessory space which is not adjacent to the driveway or the
garage and a second curb cut at 2827 Hampshire Ave. N.,
P.I.D. #20-118-21-43-0027, as requested in Application #96-
8.9 of John and Luzetta Kenney.
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; and
4. unreasonably diminish or impair established
property values within the neighborhoods, or in any
other way be contrary to the intent of the zoning code.
September 9, 1996
1 (If
The hardship is caused by unique topography of the lot
in that the existing drive is cut into a bank and
cannot reasonably be expanded 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; and
3. the variance will not alter the essential character
of the locality.
Vehicles parked on the accessory parking space shall
not encroach on the boulevard area.
Motion carried.
S. Chair Magnuson declared this was the time and the place as
advertised for a public hearing at which time the Planning
Commission will consider amending Section 515.09 of the
Zoning Ordinance regarding off-street parking in residential
areas. Community Development Director Norris explained the
amendment is at the request of the City's prosecuting
attorney to clarify the intent of the ordinance to only
permit parking in all residential areas on surfaced parking
areas.
Moved by Lundeen and seconded by Elsen to close the public
hearing.
Motion carried.
Moved by Lundeen and seconded by Nystrom to recommend to
the City Council to approve amending Section 515.09 of the
Zoning Ordinance regarding off-street parking in residential
areas.
Motion carried.
4. The Planning Commission reviewed draft revisions to the Sign
Ordinance. Planner Peaslee reviewed major changes in the
third draft and reviewed the issues proposed to be dealt
with by policy rather than amending the ordinance. Peaslee
also explained the format of the ordinance and
reorganization of the contents.
Motion by Maloney and seconded by VonRueden 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,
110
CRYSTAL PLANNING COMMISSION MINUTES
November 18, 1996
The meeting of the Crystal Planning Commission convened at 7:00
P.M. with the following present: Elsen, Koss, Lundeen, Magnuson,
Maloney, 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 October 14, 1996 meeting.
Motion carried.
1. Chair Magnuson declared this was: a continuation of the
public hearing to consider Application #96-7.3 for a site
Plan review as submitted by Andrew Duncanson of Dunlo
Motors; Application #96-7.1 to rezone properties at 5241
West Broadway from I- (Heavy Industrial) District to B-3
(Auto -Oriented Commercial) District and 5269 west Broadway
and 5160 Douglas Drive North from B-4 (Community Commercial)
District to 3-8 (Auto -Oriented Commercial) and #96-7.4 for a
conditional use permit to allow rotor vehicle sales in a B--3
District at 5241 West Broadway. Planner Peaslee stated we
have not received the site plan.
Moved by Comm' si.oner Nystrom and seconded by Commissioner
Koss to continue until December 9, 1996, the discussion of
Application #96-7.3 for a site plan review Application as
Submitted by Andrew Duncanson Of Dunlo Mc,tors. Application
#96-7.1 to rezone properties at 5241 West Broadway from 1= -
(Heavy Industrial) District to 8--3 (Auto -Oriented
Commercial) District and 5259 West Broadway and 5160 Douglas
Drive North from B-4 (Community Commercial) District to Baa
{Aute -Oriented Cornrercial) , presently described as 5241 West
Broadway, Lot 1, Block 1, Conservation Systems 2nd Addition,
5269 West Broadway, Lest 1, Block 1, Crystal Northwest
Properties 2nd Addition and 51.60 Douglas Drive North, Lot 3,
Block 1, Crystal Northwest Proporti,s Second Addition; and
#96-7.4 for a conditional use permit to allow motor vehicle
sales (Section 515.35, Subd. 4, g) in a 8-3 District at 5241
'Fest Broadway.
Motion carried.
. Chair Magnuson declared this was the time and the place as
advertised for a public hearing to consider Application 96-
9.1 as submitted by of Tim Herlofsky to rezone property from
R-1 (Single Family Residential) District to B-3 (Auto-
November 18, 1996
ill
Oriented Commercial) District at 6411 Lombardy Lane.
Planner Peaslee stated this rezoning would be contrary to
the Comprehensive Plan Mixed Use Planned Unit Development
for this area. This rezoning would be a piecemeal approach
and could depreciate the value of surrounding residential
properties.
Tim and Trisha Herlofsky, 6411 Lombardy Lane, stated they
did not want a rezoning but wanted a variance for a few
months to allow employees' vehicles to be parked on the
property while they drove the company's vans during the day
until a suitable commercial property is found.
Moved by Commissioner Nystrom and seconded by Commissioner
Maloney to continue until December 9, 1996, the discussion
of Application #96-9.1, as submitted by Tim Herlofsky to
rezone the property from R-1 (Single Family Residential)
District to B-3 (Auto -Oriented Commercial) District at 6411
Lombardy Lane, legally described as Lot 2, Block 1, Soule
Addition or to work out another arrangement with Planner
Peaslee.
Motion carried.
3. Consideration of appointment of new Planning Commission
representative to EDA Advisory Commission to replace Jane
Elsen who is resigning.
Rita Nystrom and Frank Koss are interested in serving.
4. Planner Peaslee stated an ordinance moratorium relating to
public communications towers will expire December 1, 1996,
so a public hearing needs to be set to consider an amendment
to the Zoning Code permitting communications towers in I-1
and I-2 Industrial Districts.
Commissioner Maloney said she would have to abstain because
of a conflict of interest.
Moved by Commissioner Koss 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, December 9, 1996, to consider an amendment to
the Zoning Code permitting communications towers in I-1 and
I-2 Industrial Districts.
Motion carried.
112
November 18, 1996
5. Planner Peaslee stated staff may call a public hearing
regarding the northeast corner of Bass Lake Road and West
Broadway if the developer brings in a site plan.
Moved by Commissioner Elsen and seconded by Commissioner Nystrom
to adjourn.
Motion carried.
The meeting adjourned at 8:05 p.m.
_ 0 r
Chair Magnus n
`Secretary ndeen
December 9, 1996 '1 i 3
CRYSTAL PLANNING COMMISSION MINUTES
The meeting of the Crystal Planning Commission convened at 7:00
p.m. with the following present: Elsen, Kamp, Magnuson, Maloney,
and Nystrom. The following were absent: Koss, Lundeen and Von
Rueden. Also present were Planner Peaslee and Community Develop-
ment Director Norris.
Moved by Commissioner Nystrom and seconded by Commissioner Elsen
to approve the minutes of the November 18, 1996 meeting.
Motion carried.
1. Chair Magnuson swore in new Planning Commissioner Anthony
Kamp.
2. Chair Magnuson declared this was a continuation of the pub-
lic hearing to consider Application #96-7.3 for a site plan
review as submitted by Andrew Duncanson of Dunlo Motors;
Application #96-7.1 to rezone properties at 5241 West Broad-
way from I-2 (Heavy Industrial) District to B-3 (Auto -
Oriented Commercial) District and 5269 West Broadway and
5160 Douglas Drive North from B-4 (Community Commercial)
District to B-3 (Auto -Oriented Commercial) and #96-7.4 for a
conditional use permit to allow motor vehicle sales in a B-3
District at 5241 West Broadway. Planner Peaslee reviewed
the site and existing zoning and noted the applicant is only
requesting consideration of the rezoning and conditional use
permit requests at this time. Site plan review will occur
at a later date. Planner Peaslee noted the requested B-3,
Auto -Oriented Commercial zoning fits with the Comprehensive
Plan's Mixed Use designation for this area.
Andrew Duncanson, President of Dunlo Motors, stated the pur-
chase of the Douglas Drive property is contingent on City
approval of the rezoning request.
The Planning Commission discussed concerns about the safety
of an access on Douglas Drive so close to the railroad
tracks. Duncanson noted that transports delivering vehicles
currently have to back into West Broadway, and the access on
Douglas Drive would allow them to pull through the site
which would improve the situation. The access is approxi-
mately 160 feet from the railroad tracks; so there should be
adequate distance between the tracks and the access.
Moved by Commissioner Elsen and seconded by Commissioner
Maloney to close the public hearing.
Motion carried.
December 9, 1996
Moved by Commissioner Maloney and seconded by Commissioner
Nystrom to recommend to the City Council to approve Applica-
tion #96-7.1 to rezone properties at 5241 West Broadway from
I-2 (Heavy Industrial) District to B-3 (Auto -Oriented Com-
mercial) District and 5269 West Broadway and 5160 Douglas
Drive North from B-4 (Community Commercial) District to B-3
(Auto -Oriented Commercial) District, presently described as
5241 West Broadway, Lot 1, Block 1, Conservation Systems 2nd
Addition, 5269 West Broadway, Lot 1, Block 1, Crystal North-
west Properties Second Addition and 5160 Douglas Drive
North, Lot 3, Block 1, Crystal Northwest Properties Second
Addition; and #96-7.4 for a conditional use permit to allow
motor vehicle sales (Section 515.35, Subd. 4, g) in a B-3
District at 5241 West Broadway, provided the applicant sub-
mits a site plan for Lot 3, Block 1 Crystal Northwest Prop-
erties Second Addition consistent with the City's site plan
review ordinance prior to installing paving, landscaping,
signage or drainage improvements. The site plan should
include, at a minimum, a landscaping plan, lighting plan,
drainage plan, and sign plan.
The findings of fact are:
1. Relationship to municipal comprehensive plan. Auto -
oriented uses are included in the Employment Oriented
Mixed Use area.
2. The geographical area involved. The geographic area
includes other auto -oriented uses.
3. Whether such use will tend to or actually depreciate
the area in which it is proposed. The use will not
depreciate the area.
4. The character of the surrounding area. The character
of the area is dominated by auto -oriented uses
5. The demonstrated need for such use. The use is in
existence. This application expands the use.
Motion carried.
3. Chair Magnuson declared this was a continuation of the pub-
lic hearing to consider Application #96-9.1 as submitted by
Tim Herlofsky to rezone property from R-1 (Single Family
Residential) District to B-3 (Auto -Oriented Commercial) Dis-
trict at 6411 Lombardy Lane. Planner Peaslee stated that
Mr. Herlofsky was unable to attend the December 9 meeting
and requested the Commission continue discussion of his
request to the January 13 meeting.
December 9, 1996
11 5
Moved by Commissioner Nystrom and seconded by Commissioner
Elsen to continue until January 13, 1997, the discussion of
Application #96-9.1 as submitted by Tim Herlofsky to rezone
the property from R-1 (Single Family Residential) District
to B-3 (Auto -Oriented Commercial) District at 6411 Lombardy
Lane, legally described as Lot 2, Block 1, Soule Addition or
to work out another arrangement with Planner Peaslee.
Motion carried.
4. Chair Magnuson declared this was the time and the place as
advertised for a public hearing to consider amending Section
515.39, Subd. 2 m) and Section 515.41, Subd. 2 s) of the
Zoning Ordinance regarding personal communications systems
towers being permitted in I-1 and I-2 Industrial Districts.
NOTE: Commissioner Maloney abstained from all discussion
and voting on this issue.
Planner Peaslee reviewed the draft ordinance prepared by the
Northwest Cable Commission's attorney, Adrian Herbst, with
Frederickson & Byron. Towers would be permitted uses in the
I-1 and I-2 Industrial districts and conditional uses within
the MU -County Road 81 corridor area.
The Planning Commission had concerns about permitting towers
in mixed use areas because of residential uses in those
areas and the possible radiation from the towers and towers
possibly collapsing. The Commission asked how the airport
affects the height of towers in Crystal and, under the
requirements in the proposed ordinance, how many towers
could be located in Crystal.
Peter Coyle, an attorney with Larkin Hoffman Daly & Lind-
gren, representing American Portable Telecom, appeared and
had the following comments:
The radiation from towers is less than in consumer micro-
waves and is very similar to that in a garage door
opener;
- Section 1.4 may create a conflict between the City's Zon-
ing Ordinance and Comprehensive Plan;
Section 1.18 - variance process may become the rule
rather than the exception;
Questioned whether Becker Park is considered an R-1 use;
The conditional use permit process gives the City a great
deal of authority and is cumbersome for applicants;
- Section 1.4 e) - suggested the wording be changed to
require verification that the applicant meets the FCC
requirements;
I. 16
December 9, 1996
Section 1.5.2 - suggested that measuring be done from
structures, not property lines;
-- Section 1.6x - suggested maximum height of 170 feet, sub-
ject to any FAA restrictions because of the airport;
Grid is unacceptable as it is too restrictive;
Supported using existing structures; and
Section 2.1 - suggested the City does not have right to
license facilities although the City can charge fees.
Moved by Commissioner Elsen and seconded by Commissioner
Nystrom to close the public hearing.
Motion carried.
Moved by Chair Magnuson and seconded by Commissioner Elsen
to recommend to the City Council to approve amending Section
515.39 of the Zoning Ordinance regarding personal communica-
tions systems being permitted in the I-1 and I-2 Industrial
districts with the following concerns and uncertainties:
- Revise the reference to the Mixed Use - County Road 81
corridor area to require the property to be commercially
zoned;
- Pursue whether the City can require collapsible construc-
tion for towers;
- Review the separation grid to determine whether it may be
too restrictive;
- Review Section 2.1 to determine whether the City may
license the facilities; and
- Review the variance process and requirements.
The following voted aye: Elsen, Kamp and Magnuson. The
following voted no: Nystrom. The following abstained:
Maloney.
Motion carried.
Moved by Commissioner Kamp and seconded by Commissioner Nystrom
to adjourn.
Motion carried.
The meeting adjourned at 9:42 p.m.
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Chair Magnuson
Secretary/,,.�ndeen