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1982 PC Meeting Minutes113 CRYSTAL PLANNING COMMISSION MINUTES January 11, 1982 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following present: Elsen, Feyereisen, Magnuson, Melich, Nystrom, Peters and Thorne; the following were absent: Mooney; also present were Building Inspector Peterson, City Engineer Sherburne and Recording Secretary Borrell. Moved by Commissioner Nystrom and seconded by Commissioner Thorne to approve the minutes of the December 14, 1981 meeting. Motion carried. 1. Chairman Elsen declared this was the time and the place as advertised for a public hearing to consider Application #81-82, as submitted by John Neznik, to rezone from B-4 District (community commercial) to I-2 District (heavy industrial) property located at 5358 Douglas Drive. Mr. Neznik appeared and explained his plans for a body shop at the site. The following were also present: Boyer Palmer, owner of property; Dan Castonguay, realtor; Norman Burling, Manager of Tally Ho Restaurant; Mr. & Mrs. Donald Noonan, owner of apartment buildings at 5324, 5332 & 5340 Hanson Court; Mike Lent, 710 19th Ave. So. Moved by Commissioner Thorne to continue until the next meeting Application #81-82, as submitted by John Neznik, to rezone from B-4 District (community commercial) to I-2 District (heavy industrial) that part of Block 4, Hanson's Addition lying southwest of Timesavers 4th Addition. Motion died for lack of a second. Moved by Commissioner Feyereisen and seconded by Commissioner Nystrom to recommend to the City Council to deny Application #81-82, as submitted by John Neznik, to rezone from B-4 District (community commercial) to I-2 District (heavy industrial) that part of Block 4, Hanson's Addition lying southwest of Timesavers 4th Addition. The findings of fact are: Wrong location for the proposed use. By roll call and voting aye: Feyereisen and Nystrom; voting no: Magnuson, Melich, Peters and Thorne. motion lost 2 1:n 4. Moved by Commissioner Thorne and seconded by Commissioner Peters to recommend to the City Council to approve Application #81-82, as submitted by John Neznik, to rezone from B-4 District (community commercial) to I-2 District (heavy industrial) that part of Block 4, Hanson's Addition lying southwest of Time- savers 4th Addition. January 11, 1982 - continued The findings of fact are: The applicant indicated that he would reposition the proposed building, eliminate the rear door and provide sound deadening; and that the I-2 zoning is the highest and best use of the property. By roll call and voting aye: Melich, Peters and Thorne; voting no: Feyereisen and Nystrom; Magnuson abstained. Motion carried 3 to 2. 2. John Neznik appeared regarding a variance Fri the Interim Zoning Ordinance at 5358 Douglas Drive. Moved by Commissioner Thorne and seconded by Commissioner Peters that pursuant to Section 515.55 of the Crystal City Code, to recommend to the City Council to waive the mora- torium of the Interim Zoning Ordinance, and consider rezoning of property from B-4 District (community commercial) to I-2 District (heavy industrial) at 5358 Douglas Drive, as requested in Variance Application #81-81 of John Neznik. By roll call and voting aye: Melich, Peters, Thorne anci Elsen; voting no: Feyereisen, Magnuson and Nystrom. Motion carried 4 to 3. 3. Mike Lent appeared regarding a building permit I'or afi airplane hangar at the Crystal Airport. Moved by Commissioner Peters and seconded by Commissioner Magnuson to recommend to the City Council to approve authori- zation to issue building permit #3907 to Cyril Silberman for a 40'x70' airplane hangar on Leased Lot 82-C, Crystal Airport, subject to standard procedure. Feyereisen abstained from voting. Motion carried. ,1. Consideration of final approval of proposed plat Temp Addition located at 6308 34th Ave. North. Moved by Commissioner Feyereisen and seconded by Commissioner Nystrom to recommend to the City Council to grant final approval of Temp Addition which is a replat of Lots 4 & }, Block 1, Perlick Addition. Motion carried. Moved by Commissioner Thorne and seconded by Commissioner Feyereisen to adjourn. Motion carried. Chairman El en Secretary Thorne CRYSTAL PLANNING COMMISSION MINUTES February 8, 1982 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following present: Elsen, Feyereisen, Magnuson, Melich, Mooney, Nystrom, Peters and Thorne; also present was City Engineer Sherburne. Moved by Commissioner Nystrom and seconded by Commissioner Thorne to approve the minutes of the January 11, 1982 meeting. Motion carried. i. Consideration of Application #81-75 submitted by Arnold Feinberg for a variance in the required number of off-street parking spaces at 6910-40 54th Ave. North. Moved by Commissioner Thorne and seconded by Commissioner Melich to table until April 12th Application #81-75, as requested by Arnold Feinberg, for a variance of 36 off-street parking spaces at 6910-40 54th Ave. No., Lot 2, Block 1, Crystal Shopping Center Addition. Motion carried. 2. Stephen R. Carlson appeared regarding Application #82-1 to vary the front yard setback requirements at 6510 Cloverdale Ave. No. Moved by Commissioner Thorne and seconded by Commissioner Nystrom that pursuant to Section 515.55 of the Crystal City Code, to recommend to the City Council to vary or modify the strict application of Section 515.13, Subd. 2 a) to grant a variance to allow a bay window to encroach 1z ft. in the required 30 ft. front yard setback at 6510 Cloverdale Ave. No., Lot 16, Block 2, Kensey Manor Addition, as requested in Application #82-1 of Stephen R. Carlson. The findings of fact are: The job has been completed; it is a desirable addition to the home; it does not cause a conflict with neighboring property. Motion carried. Consideration of final approval of Conservation Systems Addition located at 5241 West Broadway. Moved by Commissioner Feyereisen and seconded by Commissioner Magnuson to recommend to the City Council to grant final approval of Conservation Systems Addition which is unplatted property. Motion carried. February 8, 1982 - continued 4. The City Council indicated a desire to reactivate the Long Range Planning Commission. Membership of the 11 member commission will consist of: three members of the Planning Commission, designated by the Planning Commission and appointed by the City Council. Moved by Commissioner Mooney and seconded by Commissioner Thorne to recommend to the City Council to appoint Planning Commission members Michael A. Mooney, Francis Feyereisen and Frank Peters to the Long Range Planning Commission. Motion carried. Moved by Commissioner Magnuson ,.T7;e? seconded by Commissioner Peters to adjourn. Motion carried. Chairma g E1sen 911� Secretary Thorne CRYSTAL PLANNING COM14ISSION MINUTES MARCH 8, 1982 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. John Herron was sworn in as a member of the Planning Commission. The following were present: Elsen, Feyereisen, Herron, Magnuson, Melich, Mooney, Nystrom, Peters and Thorne; also present were Building Inspector Peterson, City Engineer Sherburne and Recording Secretary_ Borrell. Moved by Commissioner Thorne and seconded by Commissioner Melich to approve the minutes of the February 8, 1982 meeting. Motion carried. i. Bob Benedict appeared regarding Application #82-2 for a variance in the required number_ of parking stalls at 5640 West Broadway. The required number is 117; the parking on the. .�;ite .plan shbtvs 8:0-. Moved by Commissioner Mooney and seconded by Commissioner Nystrom that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.09, Subd. 8 m)t), to grant a variance of 37 parking stalls at 5640 West Broadway, that part of Lot 10 lying South of the North 100' thereof and North of the South 14' thereof, Auditor's Subdivision #226. The findings of fact are: The new site plan is more aesthetically pleasing than the old site and is in con- formance with current City Council desires to beautify our commercial areas; there might be extra parking stalls available from the dentists' and doctors' offices nearby; there has not been a parking problem in the past in this area except due to the traffic court which is now gone; there is potential for adding parking spaces in the future if necessary. By roll call and voting aye: Herron, Magnuson, r4elich, Mooney, Nystrom and Peters; voting no: Feyereisen and Thorne. Motion carried 6 to 2.. 2. Bob Benedict appeared regarding Application #82-3 for a variance to allow two curb cut openings at 5640 West Broadway. Moved by Commissioner Feyereisen and seconded by Commissioner Thorne that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.09, Subd. 4)h)10) to allow two curb cut openings at 5640 West Broadway, that part of Lot 10 lying South of the North. 1.00' thereof and North of the South 14' thereof, Auditor's Subdivision 4226. The findings of fact are: The curb cuts have been in use for sometime; doesn't detract from the usage of property or detriment to public. Motion carried. 149' March 8, 1982 - continued 3. Bob Benedict appeared regarding a building permit for a pharmacy, medical clinic and dental clinic at 5640 West Broadway. Moved by Commissioner Magnuson and seconded by Commissioner Peters to recommend to the City Council to approve authori- zation to issue building permit #3943 to Bob Benedict for a pharmacy, medical clinic and dental clinic at 5640 West Broadway, that part of Lot 10 lying South of the North 100' thereof and North of the South 14' thereof, Auditor's Sub- division #226, subject to standard procedure. Motion carried. A. Brian Wass appeared regarding a building permit for tan office -warehouse at 7301 32nd Ave. No. Moved by Commissioner Magnuson and seconded by Commissioner Melich to recommend to the City Council to approve authori- zation to issue building permit #3959 to James H. Sorenson for an office -warehouse at 7301 32nd Ave. No., that part of Lot 6 lying East of the West 105', except roads, Robbinsdale Gardens, subject to standard procedure. Motion carried. James Martin appeared regarding a building permit for remodeling the existing building at 6308 34th Ave. No. Moved by Commissioner Thorne and seconded by Commissioner Peters to recommend to the City Council to approve authori- zation to issue building permit #3952 to James Martin for remodeling the existing building at 6308 34th Ave. No., Lot 2, Block 1, Temp Addition, subject to standard pro- cedure. Motion carried. Moved by Commissioner Mooney and seconded by Commissioner Feyereisen to adjourn. Motion carried. Secretary Thorne Chairan Elsen CRYSTAL PLANNING COMMISSION MINUTES APRIL 12, 1982 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. Steven Leppa was sworn in as a member of the Planning Commission. The following were present: E1sen, Feyereisen, Herron, Leppa, Magnuson, Melich, Mooney, Nystrom, Peters and Thorne; also present were Building Inspector Peterson, City Engineer Sherburne and Recording Secretary Borrell. Moved by Commissioner Nystrom and seconded by Commissioner Feyereisen to approve the minutes of the March 8, 1982 meeting. Motion carried. 1. Consideration of Application #81-75 as submitted by Arnold Feinberg for a variance in the required number of off-street parking spaces at 6910-40 54th Ave. No. Moved by Commissioner Thorne and seconded by Commissioner Peters to recommend to the City Council to deny Variance Application #81-75 of Arnold Feinberg for 36 off-street parking spaces at 6910-40 54th Ave. No., Lot 2, Block 1, Crystal Shopping Center Addition. The findings of fact are: The building as it now exists is not in conformance with City Code; the expansion of living units would only aggrevate the situation that presently exists. Potion carried. 2. Jerry Johnson of Independent Business Machines appeared regarding a building permit for a retail commercial building at 5353 West Broadway. moved by Commissioner Feyereisen and seconded by Commissioner Magnuson to recommend to the City Council to approve authori- zation to issue building permit #3982 to Ronald Shobe for the construction of a 401x38' retail commercial building at 5353 West Broadway, Lot 7 and part of Lot 1, Becker's Addition, subject to standard procedure. Motion carried. 3. David Jacobson appeared regarding Variance Application #82-4 for a patio and privacy wall which will encroach in the required 30' front yard setback at 3233 Louisiana Ave. No. Moved by Commissioner Feyereisen and seconded by Commissioner Magnuson to recommend to the City Council to deny Variance Application #82-4 of David Jacobson for a variance of 72' in the required 30' front yard setback for a patio and 5' high privacy wall at 3233 Louisiana Ave. No., Lot 1, Block 1, Morningside Estates 4th Addition, as requested in Application #82-4 of David Jacobson. April 12, 1982 - continued The findings of fact are: Have not demonstrated the necessity or unique feature of the lot that would warrant the encroachment into the setback requirement of the front yard. Motion carried. 4. Stanley J. Wodziak of Palace Inn appeared regarding a variance to the Interim Zoning Ordinance at 5607 West Broadway. Moved by Commissioner Peters and seconded by Commissioner Melich that pursuant to Section 515.55 of the Crystal City Code, to recommend to the City Council to waive the moratorium of the Interim Zoning Ordinance, and consider a building per- mit for general remodeling of the interior of the existing building and complete the mansard roof at 5607 West Broadway, as requested in Variance Application #82-6 of Stanley J. Wodziak. The findings of fact are: Everything seems to be in order; not in the intensive study area. Motion carried. D. Stanley J. Wodziak of Palace Inn appeared regarding Variance Application #82-7 to expand a non -conforming use, said non- conformity being the existing building encroaches 17.8' in the required 22' front yard setback, at 5607 West Broadway. Moved by Commissioner Feyereisen and seconded by Commissioner Thorne that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.05, Subd. 2, to allow the expansion of a non -conforming use for general remodeling of the interior of the existing building and complete the mansard roof at 5607 West Broadway, as requested in Variance Application #82-7 of Stanley J. Wodziak. The findings of fact are: The condemnation proceedings created the non -conformity. Motion carried. 6. Stanley J. Wodziak of Palace Inn appeared regarding a building permit for general remodeling of the interior of the existing building and complete the mansard roof at 5607 West Broadway. Moved by Commissioner Nystrom and seconded by Commissioner Magnuson to recommend to the City Council to approve authori- zation to issue building permit #3981 to Mochinski Contracting Co. for general remodeling of the interior of the existing building and complete the mansard roof at 5607 [Vest Broadway, Lot 1, Block 1, Brisky Addition, subject to standard procedure. Motion carried. 151 April 12, 1982 - continued 7. Terrance B. Nordquist appeared regarding a building permit for remodeling the Civil Air Patrol building at the Crystal Airport. Moved by Commissioner Magnuson and seconded by Commissioner Nystrom to recommend to the City Council to approve authori- zation to issue building permit #3985 to Civil Air Patrol for remodeling the existing structure on Lot 11, Crystal Airport, subject to standard procedure. Motion carried. S. Keith R. Anderson appeared regarding Application #82-9 for rezoning property from R-1 District (single family residential) to R-4 District (multiple family residential) located at 3431 Douglas Drive. Moved by Commissioner Feyereisen and seconded by Commissioner Magnuson to set a public hearing before the Planning Commission at 7:30 p.m., or as soon thereafter as the matter may be heard, May 10, 1982, to consider the request of Keith R. Anderson to rezone from R-1 District (single family residential) to R-4 District (multiple family residential), Lot 11, Block 1, Garden - dale Acres, except the West 22 ft. thereof. Motion carried. 9. Doug Sinclair of Paster Enterprises and Bob Burris of Bridge - man's appeared regarding a variance to the Interim Zoning Ordinance for an ice cream parlor -restaurant at 425 Willow Bend, Crystal Shopping Center. Moved by Commissioner Nystrom and seconded by Commissioner Herron that pursuant to Section 515.55 of the Crystal City Code, to recommend to the City Council to waive the moratorium of the Interim Zoning Ordinance, and consider a building permit for an ice cream parlor/restaurant at 425 Willow Bend, Crystal Shopping Center, as requested in Variance Application #82-10 of Bridgeman's. ThR findings of fact are: Not in the intensive study area. Motion carried. 10. Doug Sinclair of Paster Enterprises and Bob Burris of Bridge - man's appeared regarding a building permit for an ice cream parlor/restaurant at 425 Willow Bend, Crystal Shopping Center. Moved by Commissioner Melich and seconded by Commissioner Nystrom to recommend to the City Council to approve authori- zation to issue building permit #3990 to Lovering Assoc. for an 8714"x51'6" ice cream parlor/restaurant at 425 Willow Bend, Lot 1, Block 1, Crystal Shopping Center Addition, subject to standard procedure. Motion carried. April 12, 1982 - continued 11. Consideration of final approval of Novice Addition (proposed Novus Addition) located at 6000 Bass Lake Road. Moved by Commissioner Nystrom and seconded by Commissioner Thorne to recommend to the City Council.to grant final approval of Novice Addition which is a replat of Lots 7, , & 9, Block 2, Kennard's Addition and Lot 40, Auditor's Subdivision No. 328. Motion carried. Moved by Commissioner Magnuson and seconded by Commissioner Feyereisen to adjourn. Motion carried. Chair an Elsen Secretary Thorne 154 CRYSTAL PLANNING COMMISSION MINUTES MAY 10, 1982 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. The following were present: Elsen, Feyereisen, Herron, Leppa, Magnuson, Melich, Mooney and Peters; the following were absent: Nystrom and Thorne; also present were Building Inspector Peterson, City Engineer Sherburne and Recording Secretary Borrell. Moved by Commissioner Peters and seconded by Commissioner Magnuson to approve the minutes of the April 12, 1982 meeting. Motion carried. 1. Chairman Elsen declared this was the time and the place as advertised for a public hearing to consider Application #82-9, as submitted by Keith R. Anderson, to rezone from R-1 District (single family residential) to R-4 District (multiple family residential) property located at 3431 Douglas Drive. Mr. Anderson was present and indicated he proposes to build a 4 unit condominium on the site and that R-3 zoning would be acceptable. The following persons were also heard: Bill and Sharon Garber, 3442 Florida Ave.; Pat Thimmesh, 3430 Florida Ave.; Marvin Wrucke, 3448 Florida Ave. Moved by Commissioner Peters and seconded by Commissioner Leppa to recommend to the City Council to approve Application #82-9, as submitted by Keith R. Anderson, to rezone from R-1 District (single family residential) to R-3 District (medium density residential), Lot 11, Block 1, Gardendale Acres, except the west 22 ft. thereof. The findings of fact are: The site has not attracted any single family development; the development would be compatible with the neighborhood. Motion carried. 2. Dennis Sotebeer of McDonald's Corp. appeared regarding a variance to the Interim Zoning Ordinance at 5400 West Broadway. Moved by Commissioner Peters and seconded by Commissioner Melich that pursuant to Section 515.55 of the Crystal City Code, to recommend to the City Council to waive the moratorium of the Interim Zoning Ordinance, and consider a building permit for remodeling and adding a drive-thru at 5400 West Broadway, as requested in Variance Application #82-11 of McDonald's Corp. The findings of fact are: Outside of the immediate study area. Motion carried. Dennis Sotebeer of McDonald's Corp. appeared regarding a building permit for remodeling and adding a drive-thru at 5400 West Broadway. Moved by Commissioner Magnuson and seconded by Commissioner Mooney to recommend to the City Council to approve authorization to issue building permit #3984 to Dick Ingstrom for remodeling and adding a drive-thru at 5400 West Broadway, Lot 1, Block 1, McDonald's 2nd Addition, subject to standard procedure. Motion carried. 15Y May 10, 1982 - continued 4. Erling Jerpseth appeared regarding Variance Applications #82-12 & #82-13 to expand a non -conforming use, said non- conformity being the existing house encroaches 9' in the required 30' side street side yard setback, and vary the side street side yard setback requirements to allow a deck to be constructed at 5009 Florida Ave. No. Moved by Commissioner Feyereisen and seconded by Commissioner Magnuson that pursuant to Section 515.55 of the Crystal City Code, to recommend to the City Council to vary or modify the strict application of Section 515.05, Subd. 2, to expand a non -conforming use; and Section 515.13, Subd. 3 a)2), to grant a variance of 15'9" in the required 30' side street side yard setback to allow a deck to be constructed at 5009 Florida Ave. No., East 80' of Lot 21, Russ 2nd Addition, as requested in Applications #82-12 & #82-13 of Erling Jerpseth. The findings of fact are: Harmless expansion of a non- conforming use. Motion carried. 5. James Determan appeared regarding Variance Application #82-14 for a chimney which will encroach in the required 5' side yard setback at 8308 30th Ave. No. Moved by Commissioner Mooney and seconded by Commissioner Magnuson that pursuant to Section 515.55 of the Crystal City Code, to recommend to the City Council to vary or modify the strict application of Section 515.13, Subd. 3 a)1), to grant a variance of 1'9" in the required 5' side yard setback to allow a chimney to be constructed at 8308 30th Ave. No., Lot 13, Block 3, West Winnetka Terrace 4th Addition, as requested in Variance Application #82-14 of James Determan. The findings of fact are: The building on the adjacent lot is separated from the lot line by a driveway. By roll call and voting aye: Herron, Leppa, Magnuson, Melich, Mooney and Peters; voting no: Feyereisen. Motion carried 6 to 1. 6. Gordon Israelson appeared regarding Variance Applications #82-15 & #82-16 to expand a non -conforming use, said non- conformity being the existing garage encroaches 5' in the required 30' side street side yard setback, and to vary the side street side yard setback requirements, at 3053 Wisconsin Ave. No. Moved by Commissioner Feyereisen and seconded by Commissioner Peters that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.05, Subd. 2, to expand a non -conforming use to allow the construction of a 24'x24' detached garage and a 10'x14' addition to the existing house; and Section 515.13, Subd'. 3 a)2) to allow the addition to the house to'encroach 9' in'the required. 30' side street side yard setback, at 3053 Wisconsin Ave. No., Lot 4, Block 3, West Winnetka Terrace 4th Addition, as requested in Variance Appli- cations #82-15 & #82-16 of Gordon Israelson. 15.5. May 10, 1982 - continued The findings of fact are: It is a modest expansion of the non -conforming use; the change in the driveway away from the curve of the road is a desirable improvement. Motion carried. 7. Consideration of Application #82-17 as submitted by JoAnne Baier-Scull for a conditional use permit to allow a physical culture and health studio in a B-4 District at 4801 Welcome Ave. No. Moved by Commissioner Magnuson and seconded by Commissioner Melich to set a public hearing before the Planning Commission at 7:30 p.m., or as soon thereafter as the matter may be heard, June 14, 1982, to consider the request of JoAnne Baier-Scull for a conditional use permit to allow a physical culture and health studio in a B-4 District at 4801 Welcome Ave. No., Lot 8, Block 1, West Lilac Terrace 4th Unit. Motion carried. Vii. Henry Stenquist, Architect; Mary Schlenz and Nancy Snyder, owners, appeared regarding a building permit for remodeling and alterations to the existing building at 6014 Lakeland Ave. No. (Mr. Bob's). Moved by Commissioner Feyereisen and seconded by Commissioner Melich to table until the June 14th meeting consideration of building permit #4044 for remodeling and alterations to the existing building at 6014 Lakeland Ave. No. Motion carried. 9. Luverne L. Klinkner appeared regarding Application #82-21 for a variance of the lot area and dimension requirements of the conditional use stipulations at 3401 Douglas Drive. Moved by Commissioner Feyereisen and seconded by Commissioner Peters that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.35, Subd. 4 c)4), which requires minimum lot area of 22,500 sq. ft. and minimum lot dimensions of 150'x130' (the existing lot area is 19,500 sq. ft.; the existing lot dimensions are 1161x1431) to allow a 36'x40' addition at 3401 Douglas Drive, Lot 6, Block 1, Perlick Addition, as requested in Variance Application #82-21 of Vern's Standard Oil. The findings of fact are: Modest shortage of the minimum lot area. Motion carried. 1.0. Luverne L. Klinkner appeared regarding a building permit fnr an addition to the service station at 3401 Douglas Drive. 15� May 10, 1982 - continued Moved by Commissioner Peters and seconded by Commissioner Feyereisen to recommend to the City Council to approve authorization to issue building permit #4045 to Luverne L. Klinkner for a 36'x40' addition at 3401 Douglas Drive, Lot 6, Block 1, Perlick Addition, subject to standard procedure. Motion carried. 11. Jane Nibbe of First Federal Savings & Loan and Jim Miller, Architect, appeared regarding a variance to the Interim Zoning Ordinance at 5440 West Broadway. Moved by Commissioner Feyereisen and seconded by Commissioner Magnuson that pursuant to Section 515.55 of the Crystal City Code, to recommend to the City Council to waive the moratorium of the Interim Zoning Ordinance, and consider a building per- mit for a drive-in canopy at 5440 West Broadway, as requested in Variance Application #82-22 of First Federal Savings & Loan. The findings of fact are: Property is outside of immediate study area. Motion carried. 12. Jane Nibbe of First Federal Savings & Loan and Jim Miller, Architect, appeared regarding Application #82-23 for a variance to allow curb barrier closer than five feet from lot line at 5440 West Broadway. Moved by Commissioner Peters and seconded by Commissioner Leppa that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.09, Subd. 4 h)15) to grant a variance to allow 214" setback in lieu of the 5'0" requirement at 5440 West Broadway, Lot 1, Block 1, First Federal Ron Dopp Second Addition, as requested in Application #82-23 of First Federal Savings & Loan. The findings of fact are: Will not create a problem with the adjacent business establishment. Motion carried. 1.3. Jane Nibbe of First Federal Savings & Loan and Jim Miller, Architect, appeared regarding a building permit for the addition of a drive -up facility at 5440 West Broadway. Moved by Commissioner Mooney and seconded by Commissioner Feyereisen to recommend to the City Council to approve authorization to issue building permit #4060 to First Federal Savings & Loan for the addition of a drive -up facility at 5440 West Broadway, Lot 1, Block 1, First Federal Ron Dopp Second Addition, subject to standard procedure. Motion carried. 157 May 10, 1982 - continued l4. Bob Benedict appeared regarding a variance to the Interim Zoning Ordinance at 5640 West Broadway. Moved by Commissioner Magnuson and seconded by Commissioner Feyereisen that pursuant to Section 515.55 of the Crystal City Code, to recommend to the City Council to waive the moratorium of the Interim Zoning Ordinance, and consider a building permit for a pharmacy, medical clinic and dental clinic at 5640 West Broadway, as requested in Variance Appli- cation #82-25 of Bob Benedict. The findings of fact are: Outside of immediate study area. Motion carried. 15. Bob Benedict appeared regarding a building permit for a pharmacy, medical clinic and dental clinic at 5640 West Broadway. Moved by Commissioner Mooney and seconded by Commissioner Melich to recommend to the City Council to approve authori- zation to issue building permit #3943 to Bob Benedict for a pharmacy, medical clinic and dental clinic at 5640 West Broadway, that part of Lot 10 lying South of the North 100' thereof, and North of the South 14' thereof, Auditor's Sub- division #226, subject to standard procedure. Motion carried. 1.6. Consideration of Application #82-18 submitted by the City of Crystal for a variance in the required 60' lot width to allow the construction of a home at 4314 Adair Ave. No. Moved by Commissioner Feyereisen and seconded by Commissioner Magnuson that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.15, Subd. 2 a) to grant a variance of 3 ft. in lot width to allow the construction of a home at 4314 Adair Ave. No., Lot 16, Block 2, Robbinsdale Home Gardens 4th Addition, as requested in Application #82-18 of the City of Crystal. Motion carried. Moved by Commissioner Peters and seconded by Commissioner Melich to adjourn. Motion carried. ChairrW Elsen Secretary Thorne 159 CRYSTAL PLANNING COMMISSION MINUTES JUNE 14, 1982 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. The following were present: Elsen, Herron, Mag- nuson, Melich, Nystrom and Peters; the following were absent: Feyereisen, Leppa, Mooney and Thorne; also present were Building Inspector Peterson, City Engineer Sherburne and Recording Secre- tary Borrell. Moved by Commissioner Peters and seconded by Commissioner Magnu- son to approve the minutes of the May 10, 1982 meeting. Motion carried. 1. Chairman Elsen declared this was the time and the place as advertised for a public hearing to consider Application #82-17 for a conditional use permit to allow a physical culture and health studio in a B-4 District at 4801 Welcome Ave. No. The Chairman asked those present to voice their opinions or ask questions concerning the conditional use permit. Jo -Anne Baier-Scull was heard. Moved by Commissioner Peters and seconded by Commissioner Nystrom to recommend to the City Council to approve Appli- cation #82-17 as submitted by JoAnne Baier-Scull for a conditional use permit to allow a physical culture and health studio in a B-4 District (Section 515.37, Subd. 4 f) at 4801 Welcome Ave. No., Lot 8, Block 1, West Lilac Terrace 4t -h Unit. The findings of fact are: No particular change in structure or neighborhood; this type of program would not be out of line for the area. Motion carried. 2. Consideration of Variance Application #82-26 as submitted by Richard McDonald to allow a bay window to encroach in the required 30' front yard setback at 4408 Yates Ave. No. Moved by Commissioner Magnuson and seconded by Commissioner Herron that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.13, Subd. 2 a), to grant a variance of 1'6" in the required 30' front yard setback to allow the construction of a bay window at 4408 Yates Ave. No., as requested in Variance Application #82-26 of Richard McDonald. The findings of fact are: It is a harmless expansion; it is a nice addition to the home. Motion carried. /S June 14, 1982 - continued 3. Charles Wilson appeared regarding Variance Application #82-29 to allow construction of a parking lot in the front yard in a R-1 District at 7323 58th Ave. No. (Thorson Community Center). Moved by Commissioner Magnuson and seconded by Commissioner Melich that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.09, Subd. 6 e) to allow construction of a parking lot in the front yard in a R-1 Dis- trict at 7323 58th Ave. No., the Nly 897.6' of the West half of Lot 32, Auditor's Subdivision #226, as requested in Appli- cation #82-29 of the City of Crystal. The findings of fact are: The construction of the parking lot is not going to affect neighborhood; provide for growth of the Community Center. Motion carried. 4. Consideration of tentative approval of proposed plat Landco Addition as submitted by Bob Benedict, at 5640 West Broadway. Moved by Commissioner Nystrom and seconded by Commissioner Herron to recommend to the City Council to grant tentative approval of Landco Addition which is a replat of the South 117' of the North 286' of Lot 10, Auditor's Subdivision #226, said 117' and 286' being measured at right angles from the North line of said Lot 10; the South 69' of the North 169' of Lot 10, Auditor's Subdivision #226, said 69' and 169' being measured at right angles from the North line of said Lot 10. Motion carried. 5. Jon R. DeMars Victorsen appeared regarding Application #82-30 for rezoning property at 3504-3516 Douglas Drive from R-1 District (single family residential) to R-4 District (high density residential). Moved by Commissioner Peters and seconded by Commissioner Magnuson to set a public hearing before the Planning Com- mission at 7:30 p.m., or as soon thereafter as the matter may be heard, July 12, 1982, to consider the request of Jon R. DeMars Victorsen to rezone from R-1 District (single family residential) to R-4 District (high density residential) Lots 7 & 8, Block 4, Rosedale Acres. Motion carried. 6. Kenneth Johnson appeared regarding Variance Application #82-31 to expand a non -conforming building, said non -conformity being the existing dwelling encroaches 28' in the required 40' rear yard setback, at 3548 Jersey Ave. No. 140 June 14, 1982 - continued Moved by Commissioner Nystrom and seconded by Commissioner Peters that pursuant to Section 515.55 of the Crystal City Code, to recommend to the City Council to vary or modify the strict application of Section 515.05, Subd. 2, to allow the expansion of a non -conforming building to permit a 121x20' deck to be constructed at 3548 Jersey Ave. No., Lot 1, Block 1, Whitehills 5th Addition, as requested in Application #82-31 of Kenneth Johnson. The findings of fact are: It is a harmless expansion tc a non -conforming area brought about by the corner lot. Motion carried. Crystal H.R.A. requests the approval of the division of property which they are purchasing in order to clear the title at 3054 Douglas Drive. Moved by Commissioner Magnuson and seconded by Commissioner Nystrom to recommend to the City Council to approve the division of the following described property into parcels A and B: The west 1/2 of that part of Lot 27, Sunnybrook Acres, lying West of Brunswick Ave. Parcel A. The East 168.5 feet of the West 1/2 of that part of Lot 27, Sunnybrook Acres lying West of Brunswick Ave. Parcel B. That part of the West 1/2 of that part of Lot 27, Sunnybrook Acres lying West of Brunswick Ave. and lying West of the East 168.5 feet thereof. Motion carried. Moved by Commissioner Nystrom and seconded by Commissioner Peters to adjourn. Motion carried. Secretary Thorne Chairman E -sen CRYSTAL PLANNING COMMISSION MINUTES JULY 12, 1982 4/ The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. The following were present: Elsen, Herron, Leppa, Magnuson, Mooney, Nystrom and Thorne; the following were absent: Feyereisen, Melich and Peters; also present were Building Inspector Peterson, City Engineer Sherburne and Recording Secretary Borrell. Moved by Commissioner Magnuson and seconded by Commissioner Thorne to approve the minutes of the June 14, 1982 meeting. Motion carried. 1. Chairman Elsen declared this was the time and the place as advertised for a public hearing to consider Application #82-30 as submitted by Jon R. DeMars Victorsen to rezone from R-1 District (single family residential) to R-4 District (high density residential) at 3504-3516 Douglas Drive. Phillip Johnson, Architect, presented plans for a 19 unit apartment building. The following were also heard: Jon R. DeMars Victorsen, applicant; Mrs. Conrad Anderson, 3525 Brunswick; Mark Schneberger, 3517 Brunswick; Mr. & Mrs. Mike Wille, 3505 Brunswick; Mrs. Don Camp, 3513 Brunswick. Moved by Commissioner Thorne and seconded by Commissioner Mooney to recommend to the City Council to approve Application #82-30 as submitted by Jon R. DeMars Victorsen to rezone from R-1 District (single family residential) to R-4 District (high density residential) Lots 7 & 8, Block 4, Rosedale Acres. The findings of fact are: Highest and best use of land; land has been there for a long time; plan is acceptable; good usage of land. Motion carried. 2. Nancy Snyder and Mary Schlenz appeared regarding a building permit for remodeling and alterations to the existing building at 6014 Lakeland Ave. No. (Mr. Bob's). Moved by Commissioner Magnuson and seconded by Commissioner Leppa to recommend to the City Council to approve authorization to issue building permit #4044 to Nancy Snyder and Mary Schlenz for remodeling and alterations to the existing building at 6014 Lakeland Ave. No., subject to standard procedure. Motion carried. Dennis Sharp appeared regarding a building permit F��r aii airplane hangar at the Crystal Airport. Prtoved by Commissioner Magnuson and seconded by Commissioner Herron to recommend to the City Council to approve authorization to issue building permit #4207 to Dennis Sharp for a 401x48' airplane hangar on leased Lot 76-A, Crystal Airport, subject to standard procedure. Motion carried. /(,Z July 12, 1982 - continued 4. Rose Johnson appeared regarding Applications #82-34 & #82-35 for a variance in the required 60' lot width and to vary the side street side yard setback requirements at 4250 Xenia Ave.k{?. Moved by Commissioner Thorne and seconded by Commissioner Nystrom that pursuant to Section 515.55 of the Crystal City Code, to recommend to the City Council to vary or modify the strict appli- cation of Section 515.15, Subd. 2 a) to grant a variance of 20' in the required 60' lot width; and Section 515.13, Subd. 3 a) to allow a 15'10"x16'10" deck to be constructed which will encroach 1'10" in the required 10' side street side yard setback, at 4250 Xenia Ave. No., Lot 12, Block 5, Robbinsdale Home Gardens 2nd Addition, as requested in Variance Applications #82-34 & #82-35 of Rose Johnson. The findings of fact are: The improvement is substantially completed; not a detriment to any of the surrounding properties. Motion carried. 5. Jason Richmond and Richard Lenzmeier appeared regarding a building permit for an addition and remodeling at 3333 Vera Cruz Ave. No. (Northern States Lighting). Moved by Commissioner Thorne and seconded by Commissioner Magnuson to table for further study building permit #4234 for an addition and remodeling at 3333 Vera Cruz Ave. No. until an accurate site plan and a complete set of plans are submitted. Motion carried. 6. Consideration of tentative approval of proposed plat Carl W. Peterson Addition located at 5500 West Broadway. Moved by Commissioner Nystrom and seconded by Commissioner Leppa to recommend to the City Council to grant tentative approval of Carl W. Peterson Addition which is a replat of Tracts A & B, Registered Land Survey No. 516, except the Fast 330' of Tract A, and Outlot A, First Federal -Ron Dopp Addition. Motion carried. Moved by Commissioner Thorne and seconded by Commissioner Leppa to adjourn. Motion carried. Secretary Thorne L Chairmaraj lsen CRYSTAL PLANNING COMMISSION MINUTES AUGUST 9, 1982 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following present: Elsen, Feyereisen, Herron, Leppa, Magnuson, Melich, Peters and Thorne; the following were absent: Mooney and Nystrom; also present were Building Inspector Peterson, City Engineer Sherburne and Recording Secretary Borrell. Moved by Commissioner Thorne and seconded by Commissioner Peters to approve the minutes of the July 12, 1982 meeting. Motion carried. 1. Richard Johnson appeared regarding Variance Application #82-37 to expand a non -conforming building, said non -conformity being the existing dwelling encroaches 4.5' in the required 30' front yard setback at 5227 Quail Ave. N. Moved by Commissioner Thorne and seconded by Commissioner Melich that pursuant to Section 515.55 of the Crystal. City Code to recommend to the City Council to vary or modify the strict application of Section 515.05, Subd. 2, to allow the expansion of a non -conforming building to permit a 241x24' attached garage to be constructed at 5227 Quail, Ave. N., Lot 10, Block 4, Murray Lane 9th Additon, as requested in Application #82-37 of Richard Johnson. The findings of fact are: Improvement a benefit to property; not a detriment to other property owners. Motion carried. 2. Joseph Greenstein appeared regarding Variance Application #82-38 for a porch and deck which will encroach in the required 40' rear yard setback at 7917 33rd Place N. Moved by Commissioner Feyereisen and seconded by Commissioner Peters that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.13, Subd. 4 a), to grant a variance of 15' in the required 40' rear yard setback for a 11'x15' porch and a 32'x11' deck to be constructed at 7917 33rd Place N., Lot 44, Block 2, Winnetka Park 1st Addition, as requested in Variance Application #82-38 of Joseph Greenstein. The findings of fact are: We permitted the first expansion and see no reason not to accept what has been proposed; it will be an asset to the property and not a detriment to the neighborhood. Motion carried. 3. Victor Bosak appeared regarding Variance Applications #82-39 & #82-48 to expand a non -conforming building, said non -conformity being the existing house encroaches 6'6" in the required 30' front yard setback, and further the encroachment by putting in a bay window which will encroach an additional 1'4" in the front yard setback at 6415 47th Ave. N. August 9, 1982 - continued Moved by Commissioner Thorne and seconded by Commissioner Peters that pursuant to Section 515.55 of the Crystal City Code to vary or modify the strict application of Section 515.05, Subd. 2, to expand a non -conforming building; and Section 515.13, Subd. 2 a) to grant a variance of 7'10" in the required 30' front yard setback for a 1'4" bay window to be constructed at 6415 47th Ave. N., North 1/2 of Lot 7 lying West of the East 62' thereof, Klatke's 2nd Addition, as requested in Variance Application #82-39 of Victor Bosak. The findings of fact are: The addition of the bay window is an improvement and no detriment to property or surround- ing property owners. By roll call and voting aye: Herron, Leppa, Magnuson, Melich, Peters and Thorne; voting no: Feyereisen. Motion carried 6 Lo 1. 4. Consideration of Variance Application #82-40 as submitted by Wesley Belanger to expand a non -conforming use, said non- conformity being the existing house encroaches 9'9" in the required 29'6" side street side yard setback at 5757 Perry Ave. N. Moved by Commissioner Feyereisen and seconded by Commissioner Magnuson that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.05, Subd. 2, to allow the expansion of a non -conforming use to permit a 24'x24' detached garage with a 8'x24' slab for future addition to be constructed at 5757 Perry Ave. N., Lot 4, Block 3, Twin Lake Park 2nd Addition, as requested in Variance Application #82-40 of Wesley Belanger. The findings of fact are: The expansion is away from the area of non-conformance and would be an improvement to the property. Motion carried. 5. Consideration of Application #82-41 as submitted by Gary Gilbertson for a conditional use permit to allow a physical culture and health studio (sun tan center) in a B-4 District at 2756 Douglas Drive. Moved by Commissioner Feyereisen and seconded by Commissioner Melich to set a public hearing before the Planning Commission at 7:30 p.m., or as soon thereafter as the matter may be heard, September 13, 1982, to consider the request of Gary Gilbertson for a conditional use permit to allow a physical culture and health studio (Section 515.37, Subd. 4 f) in a B-4 District at the Fantasia Beauty Salon, 2756 Douglas Drive, Lot 1, Block 1, Lamplighter Square 5th Addition. Motion carried. August 9, 1982 - continued 6. Consideration of Variance Applications #82-42 & #82-43 as submitted by Lillian Hoffer to expand a non -conforming building, said non -conformity being the existing house encroaches 1'6" in the required 30' front yard setback, and further the encraoch- ment by putting in a bay window which will encroach an addi- tional 1'6" in the front yard setback at 5724 Sumter Ave. N. Moved by Commissioner Feyereisen and seconded by Commissioner Thorne that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.05, Subd. 2, to expand a non -conforming building; and Section 515.13, Subd. 2 a) to grant a variance of 3' in the required 30' front yard setback for a 1'6" bay window to be constructed at 5724 Sumter Ave. N., Lot 36, Block 2, Cusack & Carlson's Terrace Heights, as requested in Variance Applications #82-42 & #82-43 of Lillian Hoffer. The findings of fact are: It is a reasonable expansion of the non -conforming use and a nominal variance that would fall within the roof eave lines. Motion carried. 7. Frederick Fiterman appeared regarding Variance Applications #82-44 & #82-45 to expand a non -conforming building, said non -conformity being the existing dwelling encroaches 12'9" in the required 40' rear yard setback, and to vary the rear yard setback requirements to allow a 16'x24' addition to the dwelling at 3427 Utah Ave. N. Moved by Commissioner Feyereisen and seconded by Commissioner Herron that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.05, Subd. 2, to expand a non -conforming building; and Section 515.13, Subd. 4 a) to grant a variance of 12'4" in the required 40' rear yard setback to permit a 16'x24' addition to be constructed at 3427 Utah Ave. N., Lot 34, Block 3, Winnetka Park 3rd Addition, as requested in Variance Applications #82-44 & #82-45 of Frederick Fiterman. The findings of fact are: The expansion will not cause a greater non -conformity than the building is now; it is an improvement to property and not a detriment to surrounding property. Motion carried. R. Terry Bayliss of Summit Construction appeared regarding a building permit for remodeling the existing building and adding a mansard roof at 4711 36th Ave. N. Moved by Commissioner Peters and seconded by Commissioner Magnuson to recommend to the City Council to approve authorization to issue building permit #4349 to Summit Construction Co. for remodeling the existing building and adding a mansard roof at 4711 36th Ave. N., Lot 1, Block 1, Noble Drug Complex Addition, subject to standard procedure. Motion carried. August 9, 1982 - continued =3. Bill and Tony Nicklow appeared regarding Variance Application #82-46 for an addition to the restaurant that would encroach into the front yard setback at 3516 Lilac Drive. Moved by Commissioner Peters and seconded by Commissioner Leppa that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.13, Subd. 2 b) to allow an encroachment of 4.4' into the front yard setback to allow for a 12'x48' addition to the restaurant at 3516 Lilac Drive, West 180' of Tract E, Registered Land Survey #860, as requested in Variance Application #82-46 of Bill and Tony Nicklow. The findings of fact are: no problems in area or neighborhood; parking is adequate. Motion carried. lel. Where was discussion of the request of the City Council regarding the advisability of a variance request for certain corner lot non -conformities proceeding directly to the City Council for review. Moved by Commissioner Feyereisen and seconded by Commissioner Thorne that all single family residential Variance requests bypass Planning Commission and proceed directly to the City Council. Motion carried. Consideration of the above action encompassed discussion that the specialized procedure for the corner lot would have very limited application and would be difficult to interpret; few single family residence type 'variances are ever denied; the Council could refer complex situations to the Planning Commission; a Council program to educate the public regarding variance procedures would be helpful. 11. Moved by Commissioner Magnuson and seconded by Commissioner Herron to recommend to the City Council to consider amending Section 515.13, Subd. 5 a) to permit bow/bay/box windows to encroach 24" into the required front yard setback provided the window projects at sill height and does not increase floor area. Motion carried. Moved by Commissioner Thorne and seconded by Commissioner Magnuson to adjourn. Secretary Thorne Motion carried. r Chairman Elsen CRYSTAL PLANNING COMMISSION MINUTES SEPTEMBER 13, 1982 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following present: Elsen, Magnuson, Melich and Thorne; the following were absent: Feyereisen, Herron, Leppa, Mooney, Nystrom and Peters; also present were City Engineer Sherburne and Recording Secretary Borrell. Moved by Commissioner Thorne and seconded by Commissioner Magnuson, due to the lack of a quorum of Planning Commission members, to set a special meeting for Monday, September 27, 1982, at 7:30 p.m., to take up the business which has been postponed as a result of the lack of a quorum at this meeting. Motion carried. 1. The next regular Planning Commission meeting falls on October 11, 1982, which is a legal holiday (Columbus Day). Moved by Commissioner Magnuson and seconded by Commissioner Melich that the next regular Planning Commission meeting will be held at 7:30 p.m., Tuesday, October 12, 1982. Motion carried. Moved by Commissioner Thorne and seconded by Commissioner Melich to adjourn. Motion carried. Chairman �Xlsen -�-Y' V�- - Secretary Thorne CRYSTAL PLANNING COMMISSION MINUTES SEPTEMBER 27, 1982 The special meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following present: Elsen, Feyereisen, Herron, Leppa, Magnuson, Melich, Nystrom and Thorne; the following were absent: Mooney and Peters; also present were City Engineer Sher- burne, Assistant Building Inspector Barber and Recording Secretary Borrell. Moved by Commissioner Thorne and seconded by Commissioner Magnuson to approve the minutes of the August 9, 1982 and September 13, 1982 meetings. Motion carried. 1. Chairman Elsen declared this was the time and the place as advertised for a public hearing to consider Applications #82-41 & #82-62 of Twila Donley and Gary Gilbertson for rezoning from B-2 District (limited commercial) to B-4 District (community commercial) and a conditional use permit to allow a physical culture and health studio (sun tan center) in a B-4 District at the Fantasia Beauty Salon, 2756 Douglas Drive. Gary Gilbertson appeared and explained their plans for a sun tan center in the lower level of the building. a. Moved by Commissioner Thorne and seconded by Commissioner Nystrom to recommend to the City Council to approve Appli- cation #82-62 of Twila Donley and Gary Gilbertson to rezone from B-2 District (limited commercial) to B-4 District (community commercial) Lot 1, Block 1, Lamplighter Square 5th Addition. The findings of fact are: The request is reasonable; the addition of these facilities to the building will not be a detriment to the neighborhood. Motion carried. J). Moved by Commissioner Thorne and seconded by Commissioner Nystrom to recommend to the City Council to approve Appli- cation #82-41 of Twila Donley and Gary Gilbertson for a conditional use permit to allow a physical culture and health studio in a B-4 District for the intended use as a sun tan center, with hours limited to 10:00 p.m., at 2756 Douglas Drive, Lot 1, Block 1, Lamplighter Square 5th Addition. The findings of fact are: The request is reasonable; the addition of these facilities to the building will not be a detriment to the neighborhood. Motion carried. 2. Donald G. Nelson appeared regarding Variance Application #82-47 to expand a non -conforming use, said non -conformity being the existing house encroaches 13.3' in the required 30' side street side yard setback at 5801 36th Ave. No. September 27, 1982 - continued Moved by Commissioner Feyereisen and seconded by Commissioner Magnuson that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.05, Subd. 2, to allow the expansion of a non -conforming use to permit a 241x26' detached garage to be constructed at 5801 36th Ave. No., Lot 1, Block 1, Don Nelson Addition, as requested in Application #82-47 of Donald G. Nelson. The findings of fact are: The street was put in after the house was in place; it is an improvement to the property; the improve- ment in no way adds to the non -conformity. Motion carried. 3. Jack A. Skoglund appeared regarding division and conveyance ol' property to clear the title at 4554 Yates Ave. No. Moved by Commissioner Feyereisen and seconded by Commissioner Nystrom to recommend to the City Council to approve adoption of a resolution to approve the division of Lot 1, Block 4, Paradise Park Addition into two parcels to wit: The West 1/2 of that part of Lot 1, Block 4, Paradise Park Addition lying East of the West 22' thereof; and The East 1/2 of that part of Lot 1, Block 4, Paradise Park Addition lying East of the West 22' thereof. The findings of fact are: Correction of ari error made in property description when house was built. Motion carried. 4. Jeffrey Peters appeared regarding Variance Applications #82-50 & #82-51 to allow a variance in the minimum lot area and rear yard setback requirements at 6901 39th Ave. No. Moved by Commissioner Feyereisen and seconded by Commissioner Melich that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.15, Subd. 2 d), to grant a variance o 54 sq. ft. in the required 7500 sq. ft. lot area; and Section 515.13, Subd. 4 a) to grant a variance of 8' in the required 40' rear yard setback to permit a 1418"x10' addition to be constructed at 6901 39th Ave. No., Lot 6, Block 2, Colonial Acres 2nd Addition, as requested in Applications #82-50 & #82-51 of Jeffrey Peters. The findings of fact are: It is a harmless expansion; very nominal amount of area short of the minimum; there does not seem to be any alternative with this short lot. Motion carried. 5. Craig Blackman appeared regarding Variance Application #82-52 to expand a non -conforming building, said nonconformity being the existing house encroaches 7.61' in the required 17.61' side street side yard setback at 4529 Jersey Ave. No. N September 27, 1982 - continued Moved by Commissioner Thorne and seconded by Commissioner Herron that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict Zp ation of Section 51.5.05, 3ubd. 2, -Lo allow the expansion of a non -conforming building to permit a 141x16' 3 -season porch and a deck to be constructed at 4529 Jersey Ave. No., Lot 4, Block 1, Mulvaney Addition, as requested in Variance Application #82-52 of Craig Blackman. The findings of fact are: The improvement will be a benefit; not detrimental to surrounding properties. Motion carried. i Consideration of final approval of Carl W. Peterson Addition located at 5500 West Broadway, as submitted by Carl W. Peterson. Moved by Commissioner Nystrom and seconded by Commissioner Feyereisen to recommend to the City Council to grant final approval of Carl W. Peterson Addition which is a replat of Tract A, except the East 330', and Tract B, Registered Land Survey No. 516 and Outlot A, First Federal -Ron Dopp Addition. Motion carried. Keith R. Anderson appeared regarding Variance Application #82-53 to allow accessory off-street parking in the front yard at 3431 Douglas Drive. Moved by Commissioner Nystrom and seconded by Commissioner Magnuson that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.09, Subd. 6 e) to allow accessory off-street parking in the front yard at 3431 Douglas Drive, Lot 11, Block 1, Gardendale Acres, as requested in Variance Application #82-53 of Keith R. Anderson The findings of fact are: Needs offstreet parking for visitors; doesn't appear to be any detriment to surrounding area. Motion carried. Keith R. Anderson appeared regarding a building permit t017 r_t 4 -unit condominium at 3431 Douglas Drive. Moved by Commissioner Feyereisen and seconded by Commissioner Leppa to recommend to the City Council to approve authorization to issue building permit #4429 to Archie Anderson Construction Co. for a 961x50' 4 -unit condominium at 3431 Douglas Drive, Lot 11, Block 1, Gardendale Acres, subject to standard procedure. Motion carried. 9. Doug Sinclair and Srinivasa Murthy appeared regarding variance to the Interim Zoning Ordinance for a Golden Skillet Restaurant at 6827 Bass Lake Road. September 27, 1982 - continued Moved by Commissioner Feyereisen and seconded by Commissioner Nystrom that pursuant to Section 515.55 of the Crystal City Code, to recommend to the City Council to waive the moratorium of the Interim Zoning Ordinance, and consider a building permit to construct a 45'8"x74' restaurant at 6827 Bass Lake Road, as requested in Variance Application #82-54 of Golden Skillet International, Inc. The findings of fact are: Out _;r the area under immediate consideration. Motion carried. 10. Doug Sinclair and Srinivasa Murthy appeared regarding a building permit for a Golden Skillet Restaurant at 6827 Bass Lake Road. Moved by Commissioner Nystrom and seconded by Commissioner Magnuson to recommend to the City Council to approve authori- zation to issue building permit #4430 to Golden Skillet Inter- national, Inc., for a 4518"x74' restaurant at 6827 Bass Lake Road, Lot 1, Block 1, Crystal Shopping Center Addition, subject to standard procedure, provided that the City Council amends the zoning code such that this establishment will be a permitted use in a B-4 District. Motion carried. 1.1. Michael D. Wirtanen of Wirtanen & Clark Architects appeared regarding a variance to the Interim Zoning Ordinance at 5270 Hanson Court. Moved by Commissioner Magnuson and seconded by Commissioner Melich that pursuant to Section 515.55 of the Crystal City Code, to recommend to the City Council to waive the moratorium of the Interim Zoning Ordinance, and consider a building permit to construct a 40'x158' addition at 5270 Hanson Court, as requested in Variance Application #82-60 of Timesavers, Inc. The findings of fact are: Out of the area under immediate consideration. Motion carried. 12. Michael D. Wirtanen appeared regarding Variance Application #82-55 to omit curbing at perimeter of parking lot and site drainage requirements at Timesavers, Inc., 5270 Hanson Court. Moved by Commissioner Thorne and seconded by Commissioner Magnuson to recommend to the City Council to deny Variance Application #82-55 of Timesavers, Inc., to omit curbing at perimeter of parking lot at the northeast and northwest side of the new rear parking lot and site drainage requirements at 5270 Hanson Court, Lot 1, Block 1, Timesavers 4th Addition. The findings of fact are: The drainage as proposed would cause an infringement to the rights of the railroad. Motion carried. September 27, 1982 - continued 13. Michael D. Wirtanen appeared regarding a building permit for an addition at Timesavers, Inc., 5270 Hanson Court. Moved by Commissioner Magnuson and seconded by Commissioner Thorne to recommend to the City Council to approve authori- zation to issue building permit #4428 to Kraus -Anderson Co. for a 40'x158' addition to Timesavers, Inc., 5270 Hanson Court, Lot 1, Block 1, Timesavers 4th Addition, subject to standard procedure. Motion carried. 14. Wesley S. Wilmo appeared regarding Variance Applications #82-56 & #82-57 to expand a non -conforming building, said non -conformity being the existing house encroaches 5' in the required 25' side street side yard setback, and to vary the side street side yard setback requirements at 5001 54th Ave.t Moved by Commissioner Magnuson and seconded by Commissioner Feyereisen that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.05, Subd. 2, to expand a non -conforming building; and Section 515.13, Subd. 3 a) to allow a 6'x142' addition to the dwelling to encroach 5' in the required 25' side street side yard setback, at 5001 54th Ave. No., Lot 1, Block 3, Hiawatha Manor Addition, as requested in Variance Applications #82-56 & #82-57 of Wesley S. Wilmo. The findings of fact are: It is not expanding the non- conformity to the side yard; it is a harmless expansion to the property. Motion carried. 15. Robert W. Tatley appeared regarding Variance Applications #82-58 & #82-59 to allow a variance in the minimum lot area and side yard setback requirements at 5921 47th Ave. No. Moved by Commissioner Feyereisen and seconded by Commissioner Nystrom to recommend to the City Council to deny a variance of 1335 sq. ft. in the required 7500 sq. ft. lot area and a variance of 2' in the required 5' side yard setback to permit a 22'x24' attached garage to be constructed at 5921 47th Ave. No., as requested in Variance Applications #82-58 & #82-59 of Robert W. Tatley. The findings of fact are: Opposed to building I -or -z close to lu"t lines. By roll call and voting aye: Feyereisen, Leppa, Nystrom; voting no: Herron, Magnuson, Melich and Thorne. Motion lost 4 `a 3, September 27, 1982 - continued Moved by Commissioner Thorne and seconded by Commissioner Herron that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.15, Subd. 2 d) to consider a variance of 1335 sq. ft. in the required 7500 sq. ft. lot area; and Section 515.13, Subd. 3 a)1) to grant a variance of 2' in the required 5' side yard setback to permit a 221x24' attached garage to be constructed at 5921 47th Ave. No., as requested in Variance Applications #82-58 & #82-59 of Robert W. Tatley. The findings of fact are: The garage would be an important improvement to the owner; according to Mr. Tatley, no objection has been made by neighbor; the placement of the garage would be compatible with the rest of the property. By roll call and voting aye: Herron, Melich and Thorne; voting no: Feyereisen, Leppa, Magnuson and Nystrom. Motion lost 4 to 3. Moved by Commissioner Magnuson and seconded by Commissioner Feyereisen to recommend to the City Council to vary or modify the strict application of Section 515.15, Subd. 2 d) to consider a variance of 1335 sq. ft. in the required 7500 sq. ft. lot area to permit an attached garage to be constructed at 5921 47th Ave. No., as requested in Variance Application #82-59 of Robert W. Tatley. The findings of fact are: An expansion of the dwelling would not change the lot area non -conformity. Motion carried. Moved by Commissioner Magnuson and seconded by Commissioner Feyereisen to recommend to the City Council to deny Variance Application #82-58 of Robert W. Tatley to grant a variance of 2' in the required 5' side yard setback to permit a 22'x24' attached garage to be constructed at 5921 47th Ave. No. The findings of fact are: A 2' variance would be precedent setting; the encroachment in the minimum side yard is not critical because there is a garage already on the site. By roll call and voting aye: Feyereisen, Leppa, Magnuson and Nystrom; voting no: Herron, Melich and Thorne. Motion carried 4 to 3. Moved by Commissioner Thorne and seconded by Commissioner Feyereisen to adjourn. Motion carried. Secretary Thorne Chairman F1sen CRYSTAL PLANNING COMMISSION MINUTES OCTOBER 12, 1982 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following present: Elsen, Feyereisen, Leppa, Magnuson, Melich, Mooney, Nystrom, Peters and Thorne; the following were absent: Herron; also present were Building Inspector Peterson, City Engineer Sherburne and Recording Secretary Borrell. Moved by Commissioner Thorne and seconded by Commissioner Magnuson to approve the minutes of the September 27, 1982 meeting. Motion carried. 1. Consideration of final approval of Landco Addition located at 5640 West Broadway, as submitted by Robert Benedict. Moved by Commissioner Feyereisen and seconded by Commissioner Nystrom to recommend to the City Council to grant final approval of Landco Addition, which is a replat of the South 117' of the North 286' of Lot 10, Auditor's Subdivision #226, said 117' and 286' being measured at right angles from the North line of said Lot 10; the South 69' of the North 169' of Lot 10, Auditor's Subdivision #226, said 69' and 169' being measured at right angles from the North line of said Lot 10. Motion carried. 2. Curtis Roesler appeared regarding Variance Application #82-63 for an addition to the attached garage which will encroach in the required 5' side yard setback at 2948 Aquila Ave. North Moved by Commissioner Thorne and seconded by Commissioner Melich that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.13, Subd. 3 a)1) to grant a variance of 2' in the required 5' side yard setback for a 61x22' addition to the attached garage at 2948 Aquila Ave. North, Lot 1, Block 8, West Winnetka Terrace 6th Addition, as requested in Application #82-63 of Curtis Roesler. The findings of fact are: Desired improvement; will not be a detriment to abutting property; not objectionable by neighbor. By roll call and voting aye: Leppa, Magnuson, Melich, Mooney, Peters and Thorne; voting no: Feyereisen and Nystrom. Motion carried 6 to 2. October 12, 1982 - continued 3. Doug Sinclair appeared regarding Application #82-64 for a conditional use permit to allow a convenience food establish- ment in a B-4 District at 6827 Bass Lake Road. Moved by Commissioner Magnuson and seconded by Commissioner Leppa to set a public hearing before the Planning Commission at 7:30 p.m., or as soon thereafter as the matter may be heard, November 8, 1982, to consider the request of Golden Skillet, International, for a conditional use permit to allow a conveni- ence food establishment in a B-4 District at 6827 Bass Lake Road, Lot 1, Block 1, Crystal Shopping Center Addition. Motion carried. 4. Jim Merrill and Sol Fisher appeared regarding a building permit for remodeling and alterations to the existing building at 5518 Lakeland Ave. North. Moved by Commissioner Nystrom and seconded by Commissioner Feyereisen to recommend to the City Council to approve authorization to issue building permit #4507 to Jim Merrill Construction Co. for remodeling and alterations to the existing building at 5518 Lakeland Ave. North, subject standard procedure. Motion carried. Sol Fisher appeared regarding Variance Application #82-65 to omit curbing at perimeter of parking lot at 5518 Lakeland Ave. North. Moved by Commissioner Thorne and seconded by Commissioner Mooney that pursuant to Section 515.55 of the Crystal City Code to recommend to the City Council to vary or modify the strict application of Section 515.09, Subd. 4 h)15), to omit curbing at perimeter of parking lot at 5518 Lakeland Ave. North, as requested in Variance Application #82-65 of Sol Fisher. The findings of fact are: Request is reasonable; personal examination shows no deterioration of property; does not present a detriment to surrounding properties. By roll call and voting aye: Leppa, Plelich, Mooney, Peters and Thorne; voting no: Feyereisen, Magnuson and Nystrom. Motion carried 5 to 3. Moved by Commissioner Magnuson t.>ni seconded by Commissioner Leppa to adjourn. Motion carried. .y r Chairm iPFn Elsen Secretary Thorne CRYSTAL PLANNING COMMISSION MINUTES NOVEMBER 8, 1982 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following present: Elsen, Herron, Leppa, Magnuson, Melich, Nystrom, Peters and Thorne; the following were absent: Feyereisen and Mooney; also present were Building Inspector Peterson, City Engineer Sherburne and Recording Secretary Borrell. Moved by Commissioner Nystrom and seconded by Commissioner Thorne to approve the minutes of the October 12, 1982 meeting. Motion carried. 1. Chairman Elsen declared this was the time and the place as advertised for a public hearing to consider Application #82-64, as submitted by Golden Skillet International, for a conditional use permit to allow a convenience food establish- ment in a B-4 District at 6827 Bass Lake Road. The Chairman asked those present to voice their opinions or ask questions concerning the conditional use permit. Doug Sinclair of Paster Enterprises was present and heard. Moved by Commissioner Nystrom and seconded by Commissioner Peters to recommend to the City Council to approve Application #82-64 of Golden Skillet International for a conditional use permit to allow a convenience food establishment in a B-4 District at 6827 Bass Lake Road, Lot 1, Block 1, Crystal Shopping Center Addition. The findings of fact are: Everything appears to be in order; it will be a good addition to the Crystal Shopping Center. Motion carried. 2. John T. Irving, Executive Director of HRA, and Loel Bertrand, Chairman of HRA, appeared regarding possible acquisition and related problems of a property at 3452 Kyle Ave. North. The lot is deficient in width and area, and proposed construction would encroach in the required side street side yard. The variances needed to build on the property would allow develop- ment to take place in similar manner to the rest of the area. It was the consensus of opinion that the required variances would be recommended for approval if formal application were made. David Anderson of Anderson Floral appeared regarding a variance to the Interim Zoning Ordinance at 5526 Douglas Drive. Dave Anderson Jr. and Marty Campion were also present and heard. November 8, 1982 - continued Moved by Commissioner Nystrom and seconded by Commissioner Magnuson that pursuant to Section 515.55 of the Crystal City Code, to recommend to the City Council to waive the moratorium of the Interim Zoning Ordinance, and consider a building permit for an addition at 5526 Douglas Drive, as requested in Variance Application #82-71 of David Anderson. The findings of fact are: The moratorium expires December 31, 1982; no positive determination has been made of a redevelop- ment plan; the Anderson proposal appears to be a good plan for the businesses that are there; Mr. Anderson deserves con- sideration to develop his property. Motion carried. 4. Charles Salonek appeared regarding a building permit for an airplane hangar at the Crystal Airport. Moved by Commissioner Magnuson and seconded by Commissioner Thorne to recommend to the City Council to approve authori- zation to issue building permit #4592 to Charles Salonek for a 401x60' airplane hangar on Leased Lot 76-B, Crystal Airport, subject to standard procedure. Motion carried. Moved by Commissioner Nystrom and seconded by Commissioner Melich to adjourn. Motion carried. ChairmaiFisen q\�J� Secretary Thorne f77 CRYSTAL PLANNING COM11ISSION MINUTES DECEMBER 13, 1982 The regular meeting of the Crystal Planning Commission convened at 7:30 p.m. with the following present: Elsen, Feyereisen, Herron, Leppa, Magnuson, Melich, Mooney, Nystrom, Peters and Thorne; also present were Building Inspector Peterson and Recording Secretary Borrell. Moved by Commissioner Thorne and seconded by Commissioner Herron to approve the minutes of the November 8, 1982 meeting. Motion carried. 1. Larry Embretson and James Wong appeared regarding tentative approval of proposed plat K - Wong, located at 5430 Lakeland Ave. N. Moved by Commissioner Peters and seconded by Commissioner Feyereisen to recommend to the City Council to grant tentative approval of proposed plat K - Wong, which is a replat of Tracts A & B, Registered Land Survey No. 762. Motion carried. 2. Larry Embretson appeared regarding a building permit for remodeling and alterations to the existing building at 5430 Lakeland Ave. N. Moved by Commissioner Feyereisen and seconded by Commissioner Nystrom to recommend to the City Council to approve authori- zation to issue building permit #4605 to E. C. Corporation for remodeling and alterations to the existing building at 5430 Lakeland Ave. N., subject to standard procedure. Motion carried. 3. Steven Weisman of Crystal Lounge appeared regarding Variance Applications #82-66 & #82-76 to expand a non -conforming use, said non -conformity being the existing building encroaches 21.8' in the required 22' front yard setback; and a variance in the required number of parking stalls (57 stalls required; 17 available), to allow the installation of a satellite dish 1I-_ 4900 West Broadway. .. Moved by Commissioner Feyereisen and seconded by Commissioner Herron to recommend to the City Council to deny Variance Application #82-66 of Steven Weisman to allow the expansion of a non -conforming use (Section 515.02, Subd. 2), at 4900 West Broadway. The findings of fact are: The potential for increasing the usage is too great with the number of parking_ stalls that he needs a variance for. Motion carried. December 13, 1982 - continued b. Moved by Commissioner Feyereisen and seconded by Commissioner Magnuson to recommend to the City Council to deny Application #82-76 of Steven Weisman for a variance of 40 parking stalls (Section 515.09, Subd. 8 v) at 4900 West Broadway. The findings of fact are: The potential for increasing the usage is too great with the number of parking stalls that he needs a variance for. Motion carried. 4. Steven Weisman appeared regarding a building permit for installing a satellite dish at 4900 West Broadway. Moved by Commissioner Feyereisen and seconded by Commissioner Melich to recommend to the City Council to deny authorization to issue building permit #4642 to Summit Construction Co. for installing a satellite dish 9 ft. in diameter at 4900 West Broadway. Motion carried. 5. Brian Hinton appeared regarding Variance Application #82-75 to allow two curb cut accesses at 4364 Douglas Drive. Moved by Commissioner Feyereisen and seconded by Commissioner Herron to recommend to the City Council to deny Variance Application #82-75 of Brian Hinton to allow two curb cut accesses (Section 515.09, Subd. 4 h)10) at 4364 Douglas Dr. The findings of fact are: There are no curb cuts at present; would be setting a precedent of providing two curb cuts in residential property. Thorne abstained. Motion carried. Moved by Commissioner Magnuson and seconded by Commissioner Herron to adjourn. Motion carried. Chailman Elsen Secretary Thorne