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HomeMy WebLinkAboutCouncil Minutes (2) ■IY/4\7 . DATE: AUGUST 2, 1982 TIME: 7 :30 P.M. Map & wood �'/ann%ng ACE PLACE: 1380 FROST AVENUE C omm�yission DA LOCATION: COUNCIL CHAMBERS 1. - Call to Order 2. Roll Call 3. Approval of Minutes 4 . Approval of Agenda 5. Public Hearing 6. Visitor Presentations v 7. Communications 8. New Business A. Special Use Permit: 1960 Ide St. (Mastel) B. Variance: 2588 Stillwater Road (Josephs) C. Rezoning, Street Vacations and Variance: Frost Avenue (Mularoni D. Plan Amendment Hearing Dat.: Health Resources, Inc. ) E. Rezoning: Lower Afton Roao F. Rezoning: McKnight Road a daUd Crn Ave. G. Rezoning: McKnight Road a d 1- 94r Afton Road 9. Unfinished Business A. Special Exception: Beam Av -. and Highway 61 (Macalus) 10. Commission Presentations A. City Council Meeting of Jul 26 B. Commission Representative to the August 9 City Council Meeting 11. Staff Presentations 12. Adjournment 0 MINUTES OF THE MAPLEWOOE PLANNING COMMISSION MONDAY, AUGUST 2, 1982, 7 :30 P.M. 1380 FROST AVENUE, MAPLEWOOD,MINNESOTA 1. CALL TO ORDER Vice Chairman Prew called the meetirg to order at 7:30 p.m. 2. ROLL CALL Commissioner Lester Axdahl Commissioner Richard Barrett reset P Commissioner Paul Ellefson Present Present Commissioner Lorraine Fischer Commissioner Dorothy Hejny Absent Commissioner William Howard Present Commissioner Edward Kishel Present Commissioner Joseph Pellish bsentt A Commissioner Duane Prew Absent Commissioner Ralph Sletten Present (Vice Chairman) Present Commissioner David Whitcomb Present 3. APPROVAL OF MINUTES 4. APPROVAL OF AGENDA Secretary Olson said that the applicant for item 8C, Mr. Mularoni, indicated he could not be at the meeting at 7:30. He requested to be heard last on the agenda. Also, add u ;icier Staff Presentations "Carlton Down Zoning ". The Commission indicated if the applicant was not present at the time of review for Agenda item 8C, it could be tabled at that time. Commissioner Kishel moved the Plarning Commission approve the agenda as amended. _ �_ Commissioner Sletten seconded Ayes - - Commissioners Barrett, Ellefson, Fischer, Howard, Kishel, Prew, Sletten, Whitcomb 5. PUBLIC HEARING 6. VISITOR PRESENTATIONS Michael Hafner, said he owns property in the southern part of Maplewood. The property is located off Highwood, tetween Marnie and Sterling, and he wished to develop the property. He questioned the proposed alignment of Marnie. The Commission suggested Mr. Hafner contact the staff to discuss the development of the property and the alignment of the roadway. 8 -2-82 7. COMMUNICATIONS 8. NEW BUSINESS A. Special Use Permit: 1960 Ide Street (Mastel) Secretary Olson said the applicant is requesting approval of a special use permit to expand a residential ise located in a Limited Business Commercial zoning district. Staff is recommending approval as outlined in their report. Karen Mastel, 1960 Ide Street, requested the Planning Commission recommend approval of the request. Commissioner Barrett moved the Flanning Commission recommend approval of a speci use p to allow the nonconformina single - dwelling use at 1960 Id Street„to expanded — to incl'ude'a garage. The - basis for approval is that h _ ---- ansion_ of this use will not be significant enough to discourage development of the pa_ V _ reel as zoned and lanned. Commissioner Kishel seconded Ayes -- Commissioners Barrett, Ellefson Fischer, Howard, Kishel, Prew, Sletten, Whitcomb ' B. Variance: 2588 Stillwater Road 'Josephs) Secretary Olson said the applicant is requesting approval to locate an in- ground pool within the thirty foot front yard setback. Staff is recom- mending approval of the request. Dennis Josephs, 2588 Stillwater Road, said they have installed the required fence. Secretary Olson said the privacy fence would have to meet setbacks and also provide clear visibility for traffic at the intersection. Commissioner Kishel moved that the Planning Commission recommend to the City _ Council l_ the approva�`o `fJ e swi mmi n y u _ __ g op ol_ setback variance_for Dennis Jose___ phs of 2588 Stillwater Road, on the _ basis that: 1. The proposed pool would not hinder drivers' visibility at the intersection. 2. Strict enforcement of the Code world cause undue hardship because there is no other feasible location for the pool due to trees or a high water table. 3. The intent of the Code would be satisfied since there would not be any neighboring homes with a clear view of the pool. Commissioner Sletten seconded Ayes -- Commissioners Barrett, Ellefson, Fischer, Howard, Kishel, Prew, Sletten, Whitcomb C. Rezoning, Street Vacations and Variance: Frost Avenue (Mularoni) Commissioner Kishel moved this iten be tabled until the applicant ts . present at the meeting Commissioner Whitcomb seconded Ayes - - Commissioners Barrett, Ellefson, Fischer, Howard, Kishel, Prew, Sletten, Whitcomb. 2 8 -2 -82 D. Plan Amendment Hearing Date: Health Resources, Inc. Secretary Olson said they have received a request from Health Resources to amend the Land Use Plan from SC to RB for the property located on Hazelwood Avenue. Staff is recommending a hearing for August 16. Commissioner Fischer moved the Tanning Commission establish a heari date of August 16, 1982. ng Commissioner Ellefson seconded Ellefson, Fischer, Howard, Kishel, Prew, Sletten, Commission Barrett, E. Rezoning: Lower Afton Road and Century Avenue Secretary Olson said the proposal is to rezone the corner of Century and Lower Afton from BC to F. No one was present to discuss this matter Commissioner Barrett moved the Plannin• Cit Council aJ.roval of the resolution rezoning g�theositecoromnBCttotF, on the basis teat: 1. The site is shown as open space on the Comprehensive Plan. 2. The site is owned by Ramsey County for a workhouse. 3. Ramsey County does not intend to develop the site commercially. Commissioner Sletten seconded Ellefson, Fischer, Howard, Kishel, Prew, SlettenCoWhitcombers Barrett, F. Rezoning: McKnight Road and Uppe^ Afton Road Secretary Olson said the proposal is to rezone the southeast corner of McKnight Road and Upper Afton from BC and M -1 to F. No one was present at the meeting to discuss this matter Commissioner Whitcomb moved the Planning Commission recommend to the Ctv,Council approval of the ^ resolution r ezonf ng 1 s the site from BC and M - to F, on the basis that:* 1. The site is shown as open space on the Comprehensive Plan. 2. The site is owned and planned by Ramsey County for park use. Commissioner Fischer seconded Ellefson, Fischer, Howard, Kishel, Prew, Sletten, CoWhitcombers Barrett G. Rezoning: McKnight Road and I -94 Secretary Olson said it is proposec to rezone the site from BC to F. No one was present at the meeting to discuss this matter 3 Q_9_Q9 C.. C mmiss a royal of the re he Planning Commission recommend to the Commissioner Kishel moved t the basis that• m solutionrezoninga the site from 1. The Comprehensive Plan designates this site for open space. 2. The site is not used or planned to be used for commercial development Commissioner Sletten seconded Ellefson, Fischer, Howard, Kishel, 'rew, SlettenCoWhitcombers Barrett, 9. UNFINISHED BUSINESS A. Special Exception: Beam Avenue and Highway 61 (Macalus) Secretary Olson indicated the applicant would be present at 8:15 Commissioner Fischer moved this item be tabled until later in the Commissioner Kishel seconded Ellefson, Fischer, Howard, Kishel, P -ew, SlettenCoWhitcombers Barrett, 10. COMMISSION PRESENTATIONS A. Council Meeting July 26, 1982 B. Commission Representative to the August 9 Council meeting. Commissioner Fischer commented on the proposed senior condominium project by the HRA. The Commission reviewed with Secretary Olson the procedure for setting of public hearings for Comprehensive Plan Amendments 9. UNFINISHED BUSINESS A. Special Exception: Beam Avenue and Highway 61 (Macalus) Chairman Prew said this item was tabled at the last Commission meeting to obtain additional information and documentation on the drainage and retention pond for the property. Secretary Olson reviewed staff's r °commendation for the request. Director of Public Works Haider said the drainage plan for the area calls for a 6 acre foot pond. He said the drainage pond is intended to also serve a larger area to the north End east of the subject property. He reviewed the location of the pondinc area and the drainage easement required. The 6 acre feet would providE for a 100 -year storm. Generally, a few days after a rain fall the site would be dry. The Commission discussed with Director Haider the relationship of total drainage area vs. total pond area against the property and its share of the pond. 4 8 -2 -R2 Frank Macalus, 28 89 Maplewood Erive, the ption the prope with the easement is not intended to be developed at or this ti of me. He plans rty to use the eastern half. The ponding area is to service approximately 100 acres on the hill and they feel too much of their land is to be dedicated for the ponding area. Timothy Geck, representing the Macalus brothers, said there would be an excessive burden on the property owner for the benefit of the surrounding property owners. He also felt the drainage requirement is premature at this time. He thought the dedication was well beyond the related needs of the property. The Commission discussed the current policy of Maplewood for drainage and ponding and how it relates to the property that uses the drainage and ponding areas. Chairman Prew asked if there was anyone present who wished to speak regarding the trail easement propose] as condition #6 of the recommendation. Commissioner Fischer moved the Planning Commission recommend the City! Council approve the special exce tion i lot at the northwest corner of Beam Avenue andoHighwayp61, subjectatosed car 1. The requirements of Section 805 cf City Code pertaining renewal of licenses for the operation of used car lots. License and issuance and renewal shall be subject to any conditions to be imposed under the Community Design Review Board Ordinance. If a license has not been obtained within six months, special exception permit approval shall be null and void unless extended by the City Council. 2. Special exception permit approval is subject to renewal one year following license approval. 3. No development occur on the 100 by 100 foot area in the northwest corner of the site without prior approval of the City Council. 4. Dedication of a ten -foot wide storm sewer easement along the western boundary of the property. 5. Payment of a deferred water assessment of $782.95 plus interest for Project #75 -16. 6. Before an occupancy permit will be issued, an off - street twelve-foot trail easement shall be dedicated if State highway right-of-way cannot be used, and an eight -foot wide asphalt trail shall be constructed, subject to the approval of the Director of Community Services, along the easterly frontage of this property. Commissioner Ellefson seconded Voting on the motion: Ayes - - Commissioners Barrett, Kishel, Prew, Sletten, Whitcomb Fischer, Howard, 5 R-2-$12 8. NEW BUSINESS C. Rezoning, Street Vacations and Variance: Frost Avenue (Mularoni) Olson said the appli ant is requestin a zone ) of Walter and Fenton and a variance. g ne change, vacation in their report. The applicant ha. Staff's recommendation is included property owners for their 1/2 of v„catedhialtegrrStreets from the adjoining Mike Mularoni, 472114th Avenu: South, Minneapolis, said the the proposal quite well in their report. He had nothing Chairman Prew asked if there wa. anyone else present who wished to comment on the proposal. No one else was heard. Commissioner Kishel moved the P annina _ igtelt=ina a thert f l ot �ont Frost Avenue, .o f only thirt onon Street, subject to: __permit -- -- -. y feet of front 1. Deed restrictions being recorded to run with lots 14-17, - Kavanagh and Dawson's Addition to Gladstone stating 3, "Effective upon Mrs. Edith Hagst om ceasing to reside at thi property, presently known as 109 Frost Avenue: this "a. A driveway shall be construc.ed and maintained to Fenton Street which meets the requirements of Section 10.207 of the Uniform Fire Code. "b. A Fenton Street address shall be assigned by the City Clerk and be clearly identifiable from enton Street." 2. Submission to the City of a deed rom the Anderson's, 1101 Fenton Street , to Edith Hagstrom, 1096 'rost Avenue, plus any recording costs for the east thirty feet of vacated Walter necessar This deed will be recorded by the City once the resolution vacatin Walter Street has been recorded. 9 Approval is recommended on the bas's that: a. The dwelling was in existence prior to City Code requirements fo frontage on a maintained pubii, street. for b. Improvement of Walter Street to serve this property would be cost prohibitive. c. The proposed frontage on Fento Street is the only alternative, short of eliminating the existi g dwelling and combining the property with an abutting property with 'roper frontage. 6 8 -2 -82 d. A paved drive access to F :nton Street for 1096 Frost is more desirable for the provision of public safety services than the present unimproved access to Frost Avenue. Commissioner Fischer seconded Ellefson, Fischer, Howard, Kishel, Prew, SlettenCoWhitcombers Barrett, Commissioner Fischer moved the Planning Commission recommend the Cit Council approve the vacation o alter Street between Tenton S _ treet and y Frost Avenue, subject to: 1. Approval of the requested lot rontage variance for 1096 Frost Avenue. 2. Retention of utility and storm water easements as follows: a. Ten feet along the west site of the centerline. b. Twenty feet along the east ►ide of the centerline, north of the westerly extension of the north line of lot 16. c. Ten feet along the remainde of the east side of the centerline. d. The north seven feet of the right -of -way. Approval is recommended on the basi. that: 1. Walter Street is not necessary 'o the local street network. 2. It would be cost - prohibitive in terms of construction and maintenance costs to improve all or a portion of Walter Street to serve the only existing dwelling, 1096 Frost Avenue, which does not have frontage on an improved street. 3. The owner of 1096 Frost Avenue does not pefer to develop the north eighty feet of her property. Commissioner Sletten seconded Ellefson, Fischer, Howard, Kishel, P ew, Sletten, CoWhitcombers Barrett, Commissioner Sletten moved the P annin• Commission recommend the c .�.i strt nerDwel l ii nc�� eto1 Rt3�nR: or a sdence zone dente on th b i tha t• - -__ District Multiple Dwelling), 1. The zone change is consistent wi'h the Land Use Plan. 2. The proposed use would not subst.ntially detract from the use of abutting properties. Commissioner Barrett seconded Ellefson, Fischer, Howard, Kishel, Pr-w, SlettenCoWhitcombers Barrett, ......................_ 7 8 -2 -82 ■ it Commissioner Kishel moved the Plannin Commission recommend to the e ts a ct troyanton Street between Ade su o retention of : he we erl fort fe t of right - - way -or a ossib fut ure cul -de -sa on Adele Street, on the basis that: 1. None of the abutting properties require access from Fenton Street. 2. Improvement of this right -of -way would be cost - prohibitive and not in the public's interest, due to the lack of accessibility of adjacent properties. 3. On May 1, 1980 Council approved a variance for Peter Dicke on the basis that "there is no reason for public purpose for constructing Fenton Street ". Commissioner Fischer seconded Sandra Dicke, 1742 Frank Street, questioned how much property would be used for the cul -de -sac. Secretary Olson indicated that it would be just right -of -way that would be used, no private property. Voting on the motion: Ellefson, Fischer, Howard, Kishel, Prew, Sletten, Whitcomb -Commissioners Barrett, 11. STAFF PRESENTATIONS Secretary Olson discussed with the Commission the down zoning of property along Carlton Street. 12. ADJOURNMENT Meeting adjourned at 10:00 p.m. 8 R -2 -Q9 V )//\\I DATE: AUGUST 16, 1982 Mapi l TIME: 7:30 P.M. �� g omm n�n . ACE DA PLACE: 1380 FROST AVENUE ) fission l._. LOCATION: COUNCIL CHAMBERS • 1. Call to Order 2. Roll Call 3. Approval of Minutes A. July 19, 1982 B. August 2, 1982 4. Approval of Agenda 5. Public Hearing Plan Amendment: 2696 Hazelwood (HRI) 6. Visitor Presentations 7. Communications 8. New Business A. Special Exception: 1735 Ke nard B. Special Use Permit Revision: Beaver Lake Mobile Home Park C. Special Use Permit: Denny'• Restaurant D. Rezoning: Carlton Street ( est side) E. Rezoning: 500 -600 Carlton Street (east side) F. Code Amendment: Setbacks to Residential Zones G. Code Amendment: Environment:1 Overlay District H. September 6 Meeting 9. Unfinished Business 10. Commission Presentations 11. Staff Presentations 12., Adjournment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION MONDAY, AUGUST 16,1982, 7:30 P.M. 1380 FROST AVENUE, MAPLEWOOD,MINNESOTA 1. CALL TO ORDER Vice Chairman Prew called the meeting to order at 7:30 p.m. 2. ROLL CALL Commissioner Lester Axdahl Absent Commissioner Richard Barrett Present Commissioner Paul Ellefson Absent Commissioner Lorraine Fischer Present Commissioner Dorothy Hejny Present Commissioner William Howard Present Commissioner Edward Kishel Present Commissioner Joseph Pellish Absent Commissioner Duane Prew Present (Vice Chairman) Commissioner Ralph Sletten Present Commissioner David Whitcomb Present 3. APPROVAL OF MINUTES A. July 19, 1982 Commissioner Fischer moved approval of the minutes of July 19, 1982. Commissioner Hejny seconded Ayes -- Commissioners Barrett, Fischer, Hejny, Howard, Kishel,Prew,Whitcomb 6. August 2, 1982 Abstained -- Commissioner Sletten Commissioner Fischer moved approval of the minutes of August 2,_19a2 Commissioner Howard seconded Ayes -- Commissioners Barrett, Fischer, Howard, Kishel, Prew,Sletten, Whitcomb Abstained -- Commissioner Hejny 4. APPROVAL OF AGENDA Commissioner Howard moved approval of the agenda as submitted Commissioner Barrett seconded Ayes -- Commissioners Barrett, Fischer, Hejny, Howard, Kishel, Prew, Sletten, Whitcomb 8 -16 -82 5. PUBLIC HEARING A. Plan Amendment: 2696 Hazelwood ;HRI) Secretary Olson said the applicant is requesting approval for a Plan amendment from SC, Service Commercial to RB, Residential Business. Staff is recommending approval of the requEst. He indicated the hearing notice was properly published. Bill Knutson, Health Service Development, 2696 Hazelwood, the proposal is to construct residential restructures for seniors in Maplewood. Chairman Prew asked if there was anyone else present who wished to speak regarding this proposal. Ron Erickson, 2673 Hazelwood Avenue, said he was originally informed the site may be too small and possibly would not be considered for senior housing development. He basically obzects to the proposal, does not wish further development in the area. He is concerned with the added traffic in the area. James Love, 2661 Hazelwood, also concerned with added development in the area and additional traffic. The Commission explained the difference between the Plan designations and what type of use is permitted in tie categories and also the difference between the Plan and the zoning distri :ts. They discussed with the applicant the type of units to be constructed, and also the phasing scheduled for the hospital development at Beam and Hazelwood. Chairman Prew closed the public hearing portion of the meeting. Comissioner Fischer reviewed the Jrocess of site selection for the seniors residence. Commissioner Sletten moved the Planning Comm; ssi r r to the City Council approva]. of_the_ resolution amending the Land Use Plan_ from SC._,S -ce-- Comaer —r?a� to RB esidenti a1 Business for 2696 Hazelwood Avenue. Commissioner Howard seconded Ayes -- Commissioners Barrett, Fischer, Hejny, Howard, Kishel, Prew, Sletten, Whitcomb Commissioner Sletten mQ cd_the Piapn .ng._Commission recommend to the_ CiittY..Counci] approval of a three -year t extension for the special use permit to_ _collduct community service oro rams at 2696 Hazelwood Avenue, since there have not _been any roblems caused by this facility during thll_pas m earc oft._ogeration. Commissioner Whitcomb seconded Ayes -- Commissioners Barrett, Fischer, Hejny, Howard, Kishel, Prew, Sletten, Whitcomb 6. VISITOR PRESENTATIONS 7. COMMUNICATIONS 2 8- 16 -f12 8. NEW BUSINESS A. Special Exception: 1735 Kennard Secretary Olson said the applicant is requesting a special exception to operate a childhood center for day care. Staff is recommending approval as outlined in their report. Ed Feffer, administrator for the parish, said he met with the Deputy Fire Marshal regarding his concerns for the facility. They will have to install a .remote exit into the facility, installation of exit signs. No one else was present that wished to comment on this request Commissioner Kishel h Planning Com mission recomme to the City Council the approval of a special exception_permit for one year to .operate a Childhood Center for day care at the Presentation of the. Blessed, Virgin Mary Church at 1735 Kennard Street, subject to: 1. Correction of all Life Safety and Building Code deficiencies, prior to program start -up. 2. If no nuisance conditions exist at the end of one year, the permit may be renewed by the City Council. Approval is recommended on the basis ;hat: 1. The request is consistent with the intent of the Land Use Plan and Zoning Code. 2. The change would not substantially detract from the use of adjacent properties. 3. The proposal is in the best interests and convenience of the community. Commissioner Hejny seconded Ayes -- Commissioners Barrett, Fischer, Hejny, Howard, Kishel, Prew, Sletten, 4hitcomb B. Special Use Permit Revision: Beaver Lake Mobile Home Park Secretary Olson said the request is to revise the special use permit for the Beaver Lake Estates mobile home pa ^k to increase the number of home sites from 250 to 254. Staff is recommending approval as outlined in their report. He said he did speak with Emergency Preparedness Director Cude regarding the evacuation of the residents during severe weather. He has suggested some type of shelter be constructed on the property. Possibly the Commission should table this item to enable the applicants to meet with Mr. Cude to consider a site for tre shelter. The Commission discussed with Director of Public Works Haider the proposed alignment of McKnight Road. Steven Taylor, applicant, said he would answer questions. The Commission asked the applicant what his comments were regarding providing the shelter. 3 R -16 —R2 Mr. Taylor said he felt the new law did not intend to require that either new or existing mobile home courts c)nstruct permanent shelters that will accommodate all of the people in the park. This would require accommodation for 700 people. He thought the law equired a plan to evacuate. There is a basement below the laundry room and office which has been made available to the tenants. The Commission questioned how many people could fit into this facility. The applicant said it would not accommodate all of the tenants of the court. Although it has accommodated with ease those that have chosen to use the facility. The Commission also asked if the applicant has contacted the school district for use of their facilities. The applicant said they have not, they do plan to contact them. Secretary Olson said he was inforned that it is not the policy of School district 622 to open the doors of schools during weather emergencies. Chairman Prew asked if there was anyone else present who wished to comment on the proposal. Gary Peterson, manager for Beaver Lake Estates,said addition #2 is designed for his use. This will enab'e him to be at the park on a full time basis. Commissioner Barrett moved this item be tabled until the additional information_i.$_.. relating to the law on providing a shelter. Commissioner Fischer seconded Fischer, Hejny, Howard, Kishel, Sletten, Whitcomb o�ssioners Barrett, Nays -- Commissioners Prew Commissioner Kishel also asked for staff to get additional information regarding condition #2. Commissioner Hejny requested information on the cost for a shelter. C. Special Use Permit: Denny's Restaurant Secretary Olson said the applicant is requesting approval of a special use permit for a Denny's Restaurant on property zoned M -2, Heavy Manufacturing. Staff is recommending approval as outlined in their report. The Parks Commission requested an on -site bike trail be provided along the westerly side of the property. Cricket Inn did not have this recommendation, therefore staff did not incorporate the requirement into the Denny's recommendation. Louis Narcisi, architect representative for Denny's, said they will comply with the four items listed by staff. They have a letter from the City of Oakdale which states utilities will be available. Commissioner Whitcomb moved the Planning Commission recommend to the C ity Council approval of a special use permit fora "spit down" restaurant . based on the findings that the use would be compatible with the Land Use Plan and surrounding development Approval is subject to the following conditions: 4 8 -16 -82 1. The applicant shall obtain written permission from Oakdale to connect to their utilities. 2. The applicant shall obtain a building permit within one year of approval, unless the Council extends the special use permit. 3. Once the building is erected, no further reviews of the special use permit shall be required. 4. Approval of the special use permit does not include approval of the site plan. Commissioner Kishel seconded Ayes--Commissioners BaVrett, Fischer, Hejny, Howard, Kishel, Prew, Sletten, Whitcomb D. Rezoning: Carlton Street (west side) Secretary Olson said the proposed zoning is a portion of the down zoning program initiated by the City Council. The proposal is to zone from M -1 to R -3. Chairman Prew asked if there was anyone present who wished to comment on the proposed zone change. Joe Lindbeck, 2550 East Minnehaha Avenue, said he is concerned that with the change in zoning, someone wi'l fill in the swamp and try and construct on it. He would like to see the property stay as it is. Dorothy Arbore, 2534 Minnehaha, said she wishes to have the neighbor- hood remain as it is. She agrees wit- down zoning, however, would prefer single family homes. Tom Honsa, 2546 Minnehaha Avenue, the owners of the property under consideration wish to have the property remain open as it is. Secretary Olson said Mr. Bonestroo who is property owner along Carlton did call and indicate he was interested in residential development or possibly developing part of the property for parking lot to handle the overflow parking for the racquetball court. The Commission discussed with Secretary Olson the best zoning desigation for the property to control its development and maintain as much of the wetlands as possible. The Commission also commented on the types of uses that are permitted under the M -1 zoning classification. Commissioner Kishel moved the Planring Commission recommend to the City Council approval _of the res9ljjti or rzonigg_the site from b, Light Manufacturing to R -3, Residence Cistrict (Multiple) Commissioner Whitcomb seconded Ayes -- Commissioners Barrett, Fischer, Hejny, Howard, Kishel, Prew, Sletten, Whitcomb E. Rezoning: 500 - -600 Carlton Street (east side) Secretary Olson said this is a proposed rezone from M -1 to BC (M). Chairman Prew asked if there was anyone present who wished to comment on the proposed zone change. 5 8 -16 -82 Commissioner Sletten_moved the Planning Commission recommend to the City Council approval of the resolution rezoning the site to B EM). Business Commercial_llodi_fied) Commissioner Barrett seconded Ayes -- Commissioners Barrett, Fischer, Hejny, Howard, Kishel, Prew, Sletten, Whitcomb F. Code Amendment: Setbacks to Residential Zones Secretary Olson said the City Council directed staff to recommend minimum setbacks for all types of buildings from R -1 zones, that are based on the height of the building. Also, screening requirements are proposed. The Commission indicated some concern with locating parking areas within five feet of property lines next to residential zones. Chairman Prew asked if there was anyone present who wished to comment on the proposal. Commissioner Barrett moved the Planning Commission. recommend to the City Council approval of the ordinance amendment to establish minimum setback requirements, based upon building hei2ht and mass for multiple dwe l_lj. n �_. __...� _g,._cQmmerci al a ir d_i ndustri al structures that woul i abut F. Farm _ Residence. R -1, Ruj Bence District [single Dwelling" and R -2, _Residence D,i strict_1Doubl e _ Dwel l i ng) as outlined in Staff's report dated August 11_,_ 1982. Commissioner Whitcomb seconded The Commission discussed what typa of conditions would warrant approval of a variance from this section of the code. Voting: Ayes -- Commissioners Barrett, Howard, Kishel, Prew, Sletten, Whitcomb Nays -- Commissioners Fiscier and Hejny. The Commission questioned if the Community Design Review Board had reviewed the proposed ordinance. Secretary Olson said they would be reviewing it. Commissioner Whitcomb moved the_Planning_Commission recommend to the .City Council a.sroval of the screeninc ordinance as outlined in S aff' __report dated August 11, 1982 Commissioner Kishel seconded Ayes -- Commissioners Barrett, Fischer, Hejny, Howard, Kishel, Prew, Sletten, Whitcomb G. Code Amendment: Environmental Overlay District Secretary Olson said the City Council requested that staff prepare an environmental protection ordinance. 6 Chairman Prew asked if there was anyone present who wished to speak on the proposed ordinance. Fred Haas, Mary Anderson Construction Co., said he does agree the proposed ordinance is good for the environment. However, he felt the proposed ordinance does restrict developers. Some of the areas of Maplewood could not be developed at all if the guidelines are followed. He thought the ordinance would just permit estate type lots. The Commission discussed how many dwelling units would be permitted on the land, whether the ordinance would be too restrictive to developers, and if it also would protect surrounding development in the neighborhood as far as compatibility with existinc structures. Commissioner Kishel moved the Planning Commission recommend to the City Council approval of the ordinarce,included in staff's report dated August 12, 1982, on the basis that it would protect valuable natural resources and preserve the character of environmentally sensitive areas in the City. Commissioner Barrett seconded Some of the Commissioners said thaugh the concept in general was good, they wished to further study the criteria and what effects the ordinance would have on development. Voting on the Motion: Ayes -- Commissioners Barrett, Howard, Kishel Nays -- Commissioners Fischer, Hejny, Whitcomb, Sletten, Prew Motion fails. Commissioner Fischer moved that while the Commission approves the concept, there are some •uestions with the document as 'resented and does not feel ready to endorse it at this time. Commissioner Whitcomb seconded Ayes--Commissioners Fischer,Whitcomb, Sletten, Howard Nays -- Commissioners Barrett and Prew Abstained -- Commissioners Kishel & Hejny Motion carries: 4 -2 H. September 6 Meeting There was a concensus the next meeting of the Planning Commission will be held on September 20, 1982. The September 6 meeting is cancelled because of the holiday. 9. UNFINISHED BUSINESS 10. COMMISSION PRESENTATIONS The Commission reviewed Council action of the meeting of August 9, 1982. 11. STAFF PRESENTATIONS 12. ADJOURNED 10:30 p.m. 7 8 -16 -82 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION MONDAY, SEPTEMBER 20, 1982, 7:30 1380 FROST AVENUE, MAPLEWOOD, MINNESOTA 1. CALL TO ORDER Chairman Axdahl called the meeting to order at 7:30 p.m. 2. ROLL CALL Commissioner Lester Axdahl Present (Chairman) Commissioner Richard Barrett Present Commissioner Paul Ellefson Present Commissioner Lorraine Fischer Present Commissioner Dorothy Hejny Present Commissioner William Howard 'resent Commissioner Edward Kishel 'resent Commissioner Joseph Pellish absent Commissioner Duane Prew 'resent Commissioner Ralph Sletten 'resent Commissioner David Whitcomb 'resent 3. APPROVAL OF MINUTES Commissioner Kishel moved approval of the minutes of August 16, 1982 as submitted Commissioner Sletten seconded Ayes -- Commissioners Barrett, Fischer, Hejny, Howard, Kishel, Prew, Sletten, Whitcomb Abstained -- Commissioners Axdahl and Ellefson 4. APPROVAL OF AGENDA The Commission questioned if the Commission was to review Environmental Protection Ordinance prior to meeting with the Council to review it along with the setback regulations. Secretary Olson said the developers plan on attending this Commission meeting to discuss the proposed ordinarce with the Commission. Commissioner Fischer moved approval of the agenda as submitted, with the understanding the Commission may table item 9B "Environmental _PrQtection_ Qrdinance ". Commissioner Prew seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Kishel, Prew, Sletten, Whitcomb 5. PUBLIC HEARINGS 6. VISITOR PRESENTATIONS 7. COMMUNICATIONS 9 -20 -82 8. NEW BUSINESS A. Street Vacation -- Edgehill Road ('awlings) Secretary Olson said the applica t is requesting vacation of Edgehill Road, lying west of White Bear Avenu:. Staff is recommending approval. The applicant was not present at the meeting. No other comments were received regarding the request. The Commission questioned why the building was constructed on the right - of -way. Secretary Olson indicated the ri•ht -of -way did not show on the property line maps of the City at the time th- permit was issued. Commissioner Kishel moved the Play ping Commission recommend __to_the_CitX_ Council approval of the resolutionva ating Edgehill Road, west of White Bear Avenue, subject to retention of the east 27 feet for the future expansion of White Bear Avenue, on th- basis that improvement of the right -of- yvay would serve no _public purpose Commissioner Fischer seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Kis el, Prew, Sletten, Whitcomb. B. Special Exception - -1060 Sterling Montessori) Secretary Olson said the applican is requesting approval of a special exception to operate a day care cente at the Beaver Lake School. Staff is recommending approval subject to t conditions outlined in their report. Mark Severson, 6515 Barry Road, Edina, asked if this also approves the sign permit. Secretary Olson said that would bv separate. No one else was present to commen on the request. Commissioner Hejny moved the Planing Commission recommend to t,hP CitvCo unci1 approval of a special_ 'aption_to operate_ Montessori day care_.ce i e at 1D69_,5teri ing._Avenue for one year. If no nuisance condition exists at the end of one year,Counci may_renew the permit. Approval is ,subject to : ,, 1. Smoke detection devices shall be nstalled in corridors. 2. Emergency lighting shall be provi•ed according to the Fire Marshal's specification. 3. There shall be protective covers over electrical receptacles in areas where there will be children unde five years of age. Commissioner Kishel seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Kishel, Prew, Sletten, Whitcomb 2 9 -20 -82 C. Special Exception - -Game Room (Sbarro) Secretary Olson said the applicant is requesting approval to operate a game room in conjunction with a restaurant. Staff is recommending approval subject to the conditions in their report. The applicant was present and iniicated she would answer questions. She further explained the operation of the restaurant and game room. The maximum number of games would be 15, the restaurant will use 50% of the space. (Sally Wilkinson) The Commission discussed with Secretary Olson the existing game rooms at the Mall Commissioner Kishel moved the Planninq Commission recommend to the Cites Council approval a special exception for a game room in the proposed Sbarro Restaurant since the use does_not_apt that it would be objectionable to adjacent business,„ __ Approvalis subject to: 1. The applicant shall provide written approval from Homart Development. 2. All required licenses for operation shall be obtained from the City. 3. This permit may be renewed after one year of operation provided there have been no problems caused by the facility. Commissioner Sletten seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Kissel, Prew, Sletten, Whitcomb D. Rezoning: 2669 and 2677 E. 7th Street Secretary Olson said the proposal is to down zone from M -1 to R -1. The owners of the property were not present at the meeting. No other commehts were received. Commissioner Fischer moved the Panning Commission recommend to the City Council approval of the proposed zone change resolution for 2669 and 2677 E. 7th street from M -1 to R -1. Commissioner Whitcomb seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Kishel, Prew, Sletten, Whitcomb. E. Special Exception -- Bennington Woocs Secretary Olson said the request is for a special exception to construct 56 condominium units. Staff is recommending approval. The Commission discussed the proposed parking variance requested by the applicant. 3 9 -20 -82 The Commission discussed the density proposed for the site. They questioned why the density was lower than what the Rh land use designation permitted. David Briggs, WoodMark, Inc., presented a colored site plan for the Commission to review. He feels one )f the best points of the development is the amount of green space that will remain after construction. No other comments were received. Commissioner Prew moved the Planning Commission recommend to the City _ Council approval of the special . exception for the Bennington Woods Condominiums on_the _b..asjs. { at the proposal. i s consistent with the Comprehensive Land Use Plan. The e roppsed_ buildings do fit the property and are compatible to adjacent development. Commissioner Fischer seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Kishel, Prew, Sletten,Whitcomb. F. Plan Amendment Hearing Date - -Lower Afton and McKnight The City Council requested the Planning Commission consider a Plan amendment for the southeast corner of McKnight Road and Lower Afton. Staff is recommending a public hearing be scheduled for October 4. Commissioner Fischer moved the Planning Commission establish a hearing_ date of October 4. Commissioner Kishel seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Kissel, Prew, Sletten, Whitcomb. G. Code Amemdment - -BC (M) District. Secretary Olson said the proposal is to amend the BC (M) district to exclude restaurants and places of amusement, ^ecreation or assembly, other than a theater. Chairman Axdahl asked if there was anyone present who wished to comment on the proposal. Norman Anderson, 1603 Frost Avenue, said when the BC (M) district was established, the prime concern was restaurants abutting residential property. The cooking odors from restaurants are objectionable to people living by them. He asked if the Commission could possibly suggest an amendment that would prohibit restaurants completely from BC (M) districts. The Commission suggested additional restrictions for setbacks, regulations to have restaurants install filtering equipment . Commissioner Whitcomb moved the Planning Commission recommend to the 1 : _approv.ai of _. _the ordinance amendment to clarify__ the type of restaurant andrecreation_uses that would be prohibited from Business _Commercial (Modifiedl zoning districts.. Commissioner Fischer seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer,,Hejny, Howard, Kish31, Prew, Sletten, Whitcomb 4 9 -20 -82 9. UNFINISHED BUSINESS A. Special Use Permit -- Beaver Lake Mobile Home Park This item was previously tabled by the Planning Commission to obtain additional information regarding the right -of -way for McKnight Road and the requirement to provide a storm shelter. The deeds for the roads have been obtain - -the Director of Emergency Preparedness has researched the question of storm shelters. As long as the park population remains less than 541 persons the present on -site shelter is felt to be adequate. Staff is recommending approval of the request. Stephen Taylor, applicant, said The basement under the office has been used as a storm shelter -- during that time not more than 70 people have used the facility at one time. The Commission questioned what the applicant projected as the total number of people within the mobile home park, The applicant indicated with the additional four sites, they should still be under the 541 persons. They have specific areas designated for the family and separate areas for adults only. Generally only about 25% to 30% of the residents use the storm shelter in the basement of the office when weather is threatening. Chairman Axdahl asked if there was anyone else present who wished to comment on the proposal. No one else was present who wished to comment on the proposal. Commissioner Fischer moved the Planning Commission recommend to the City _Council approval of the revised Beaver Lake Estates Special Permit to allow the number of home sites to incraase from 250 to 254, subject to the following conditions: 1. Beaver Lake Estates Special Use Permit shall be subject to City Council review in five years. 2. Access to the home site in proposed addition #2, map 3 shall be from Antelope Way, a private drive with the mobile home park. 3. The total population of the mobile home park shall not exceed 541 persons unless additional shelter capacity is provided or there is a presentation of justification for a waiver from this limit. 4. The 1300 square foot basement of tfe office building shall be used as a storm shelter and posted as such and shall not be used for storage purposes. Commissioner Kishel seconded Ayes-- Comr►issioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Kishel, Prew, Sletten, Whitcomb 5 9 -20 -82 B. Code Amendment - - Environmental Protection Ordinance Secretary Olson said the City Council requested that staff prepare an environmental protection ordinance fcr the City. Chairman Axdahl asked if there was anyone present who wished to speak regarding the proposed ordinance. Kurt Schwichtenberg, 314 Ryan Avenue, said the ordinance would limit development of property in the southern "leg" of the City. The developers are concerned about the natural features on their property. The proposed ordinance would have a different effe :t than the previously proposed RE zoning. Approximately 60% of his property is solid woods, there are steep slopes and a couple of wetlands, one of which is included in the watershed plan. This would permit construction of approximately 40 townhouse units in one area of the property, according to the proposed ordinance. The ordinance is not specific as to what - s considered a significant slope and what is not. Jack Dielentheis, Stillwater, has developed property south of Mailand Road, said if the ordinance is approvsd by Council, in effect it puts a moratorium on building in Maplewood or have declared one acre lots the minimum. Most developers will try to preserve all of the trees possible, and leave every slope possible. It was his understanding,after the City Council meeting, a study group was to be established at which time developer's would have an opportunity for input. This would provide an ordinance to the benefit of the City and developers. Ha requested the Commission consider the comments received from the St. Paul Area Builders. The letter outlined basic objections to the ordinance. George Oxford, Linwood and McKnight, commented on the length of time it took to get approval of the Linwood Heights Development with the existing regulations. With this development, he received assessments for improvements and had a portion of his property condEmned for a ponding area. This resulted in a large amount of taxes one assessments and he questioned if the proposed ordinance would permit hirr to develop his property. He did not think additional ordinances would be required. Emil Kasera, 2519 Highwood Avenue,owns the property at the corner of Mailand and McKnight which consists of approximately 13 to 14 acres. He commented on the development surrounding his. He could develop his lots to minimum standards and this could possibly justify the cost of the improvements. The property could not b? developed with one acre lots without the City underwriting the cost of the improvements. It was also his understanding the City and developers would coordinate in the establishment of a proposed ordinance. Stan Wendland, Soil Conservation Service, said he commented on the proposed ordinance at the Council meetirg. His comments concerned the wetlands and soil erosion. He felt the ordinance was a good approach to dealing with those aspects of the natural resources in Maplewood. The Commission discussed with Mr. Wendland the affect this ordinance would have on wetlands and development of homes in the area. 6 9 -20 -82 Norm Anderson, 1603 Frost Avenue, felt the Council, Commission and developers should meet and discuss the proposed ordinance. He suggested a meeting be p established. Commissioner Fischer said a representative of Castle Design had called her indicating he was concerned with the densities going below the present 14 people per acre. He also thought there was a meeting to be scheduled with the City Council, developers, etc. Developers do try and save trees, trees are a renewable resource, he questioned what additional controls the proposed ordinance adds concerning the wetlands. Mr. Dielentheis indicated Mr. Haas from Mary Anderson Construction had called him and requested that the Commission be informed he had a prior committment and could not attend the meeting. He does wish to be included in any group that is requested to submit input for any further ordinances. He believes the City has more than adequate protection for the environment at the present time. Commissioner Sletten moved the Planning Commission recommend a joint meeting between the Planning Commission, City Council and developers to review the proposed environmental protection ordinance. The Commission discussed the possi5ility of having a joint Commission and Council meeting to determine what the City wishes to have included in the ordinance or if an ordinance is necessary at all, prior to meeting with developers. Commissioner Sletten withdrew his notion. The Commission also requested a survey be done of surrounding communities to see what kind of ordinance they have, how does the proposed ordinance differ from the model ordinance. Commissioner Sletten moved a meeting s. Council and Planning ^Commissios toS y this p isolic ordinance. City Commissioner Prew seconded The Commission and Secretary Olson commented on the alternatives which could be discussed and used for protection of the natural environment. Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Kishel, Prew, Sletten, Whitcomb 10. COMMISSION PRESENTATIONS A. Council meeting: August 23 and September 13, 1982 B. Council meeting -- Commission Representative: September 27, 1982 11. STAFF PRESENTATIONS 12. ADJOURNMENT Meeting adjourned at 10:30 p.m. 7 9 -20 -82 VA1 , DATE: SEPTEMBER 20, 1982 *Tapl@WDOII TIME: 7:30 P.M. 1380 FROST AVENUE g p n // � ` ACENDA PLACE: --___ LOCATION: COUNCIL CHAMBERS 1. Call to Order 2. Roll Call 3. Approval of Minutes • _ A. August 16, 1982 • 4. Approval of Agenda 5. Public Hearing 6. Visitor Presentations 7. Commucations • 8. New Business A. Street Vacation: Edgehill Road (Rawlings) B. Special Exception: 1660 N. Sterling (Montessori) C. Special Exception: Game Room (Sbarro) D. Rezoning: 2669 and 2677 E. 7th Street E. Special Exception: Bennington Woods F. Plan Amendment {;easing Date: Lower Afton and McKnight G. Code Amendment: BC (M) Distr 9. Unfinished Business A. Special Use Permit: Beaver Like Mobile Home Park B. Code Amendment: Environmental Protection Ordinance 10. Commission Presentations • A. Council Meeting: August 23 and September 13, 1982 B. Council Meeting -- Commission Representative: September 27, 1982 11. Staff Presentations 12. Adjournment : //\ 1 ) DATE; OCTOBER 4, 1982 Ma p / @WDQ[/ TIME: 7:30 P.M. Panning ' �M�END PLACE: 1380 FROST AVENUE ommissjon a L.__ -----_.S LOCATION:COUNCIL CHAMBERS • 1. Call to Order 2. Roll Call 3. Approval of Minutes A. September 20, 1982 4. Approval of Agenda 5. Public Hearing A. Plan Amendment: McKnight Rod and Lower Afton Road 6. Visitor Presentations 7. Communications 8. New Business A. Special Use Permit: 940 r B. Variances: Lark Avenue (Le Investments,PInc.�ourist Cabins) C. Special Use Permit: Century Avenue and Ivy Avenue (Pearson Estates) D. Code Amendment: Double-Dwelling Entrances E. Rezoning: 1559 E. County Roac C (Haffely) F. Set Hearing Date: Plan Amendment -- Gladstone G. Rezoning: Stillwater R ad and Stillwater Avenue 9. Unfinished Business 10. Commission Presentations. • 11. Staff Presentations 12. Adjournment 0 1 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION MONDAY, OCTOBER 4 1982, 7:30 P.M. 1380 FROST AVENUE, MAPLEWOOD, MINNESOTA 1. CALL TO ORDER Chairman Axdahl called the mee tc order at 7:30 p.m. 2. ROLL CALL Commissioner Lester Axdahl Present (Chairman) Commissioner Richard Barrett Present Commissioner Paul Ellefson Present Commissioner Lorraine Fischer Present Commissioner Dorothy Hejny Absent Commissioner William Howard Present Commissioner Edward Kishel Present Commissioner Joseph Pellish Present Commissioner Duane Prew Present Commissioner Ralph Sletten Present Commissioner David Whitcomb Present 3. APPROVAL OF MINUTES A. September 20, 1982 Commissioner Kishel moved approval of the minutes of September 20, 1982 as submitted. Commissioner Sletten seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Ho ard, Kishel,Prew, Sletten, Whitcomb. Abstained -- Commissioner Pellish 4. APPROVAL OF AGENDA Commissioner Whitcombmovecj approval of the agenda as submitted. Commissioner Fischer seconded Ayes -- Commissioner Axdahl, Barrett, Ellefson, Fischer, Howard, Kishel, Pellish, Prew, Sletten, Whitcomb 5. PUBLIC HEARING A. Plan Amemdment-- McKnight R ad and Lower Afton. Road Public Hearing cancelled. 6. VISITOR PRESENTATIONS 7. COMMUNICATIONS 10 -4 -82 8. NEW BUSINESS A. Special Use Permit - -940 Fcrst Avenue (St. Paul Tourist Cabins) Secretary Olson said the applicant is requesting approval of a special use permit to increase the number of permanent mobile home sites from 44 to 45. Staff is recommending approval as outlined in their report. Commissioner Fischer moved the Planning Commission recommend to the City Council approval of a special use permit for a 45 unit mobile home park_includinq nine transient tent and recreation vehicle sites and nineteen tourist _cabins _located at East Shore Drive and Frost Avenue, subject. to: 1. The add -on portion of the southe ~ly mobile home that encroaches upon the East Shore Drive right -of -way shall be removed prior to a building permit being issued for a mobile home on the "closed driveway "site. 2. The mobile home on the "closed driveway" site shall be set back from Frost Avenue at least that of the adjacent mobile homes. 3. The special use permit shall be subject to Council review in five years. 4. Existing living trees that provide screening from East Shore Drive and Frost Avenue shall not be removed without permission from the Community Design Review Board. Commissioner Sletten seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Howard, Kishel, Pellish, Prew, Sletten, Whitcomb. B. Variances - -Lark Avenue (Leigh Investments, Inc.) Secretary Olson said the applicant is requesting approval of a lot width variance of five feet and a lot area variance of 550 square feet to build a house on a 70 foot by 135 foot lot. Staff is recommending approval. Commissioner Kishel MHO ed the Plannins Commission recommend to the City Council approval of the resolution arproving a lot width and area variance, on the basis that: 1. There is a hardship since the prcperty could not be put to a reasonable use if the code requirements were strictly enforced. 2. The variance would be in keeping with the spirit and intent of the ordinance. 3. The City has approved comparable lot width and area variances in the past. 4. The variances would permit the development of the site and eliminate an eyesore. Commissioner Fischer seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Howard, Kishel, Pellish, Prew, Sletten, Whitcomb. 2 10 -4 -82 C. Special Use Permit - -Cent ry and Ivy Avenue (Pearson Estates) Secretary Olson said the applicant is requesting approval of a special use permit to build a 245 lo' mobila home park. Staff is recommending approval subject to the conditions li -ted in their report. The Commission discussed with Public Works Director Haider the proposed upgrading of Century Avenue ,end McKnight Road. Dick Pearson, 1959 White Bear Avenue, indicated he was concerned with the 15 foot easement. If he does give it to the City he does not want to be charged for assessments o that property in the future. Tom Dunwell, Buetow and 1 ssociates, architect, said the intention of the easement was to be ab e to c)nstruct a road on it. Mr. Pearson indicated he would De interested in getting approval from the City to have a storage a ea for boats, trailers, motor homes, etc. They do have sufficient room for su :h an area. Mr.. Pearson indicated he would Prefer not to have on- street parking. Two parking spaces for each nit will be provided. The Commission discussed the provision of storm shelter facilities for the residents of the pare and the best location for the shelter to provide easy access to all r= sidents. Chairman Axdahl asked if there was anyone present who wished to comment on the proposal. The applicant and the Co ission discussed the proposed grading plan for the site. He also discussed the proposed phasing of develop - ment. They intend to provide erosion control of the site. Commissioner Pellish move. the P'anninq Commission recommend to the . • • • 11 r . '.Qn approving a special use r it for mobile home park for u p to 245 units subject to the following conditions: 1. Approval of a grading per it within one year of special use permit approval. 2. Complete the following before a grading permit is issued: a. Deeding of seventeen f -et of right -of -way adjacent to Highway 120 to the State Highway D-partment. b. Deeding of a fifteen -foot wice utility easement along the west property line to the C'ty. c. Deeding of a thirty -foot widE street and utility easement for Ivy Avenue, from Century A enue to Ferndale Street. 3 10 -4 -82 d. Approval of a grading drainage, utility and erosion control plan by the City Engineer. A cash escrow or letter of credit, the amount to be determined by t e City Engineer, shall be provided to guarantee compliance with the e onion control plan. e. Approval of the turning radii on the private streets by the Fire Marshal. Radii shall be designed to allow for emergency vehicles and bus loop around block "N ". A bus turn - around shall be allowed around block "N ". 3. Each lot shall be allowed one exterior storage shed for no more than 120 square feet. Such shed must be kept in workmanlike repair and painted. 4. There shall be no exterior storale of equipment including bikes, boats, and other recreational vehicles. 5. No access shall be allowec to Century Avenue. 6. No construction or grading shall be allowed to ,.disturb the tamarack grove. 7. The private sanitary sewer, water mains and streets shall be constructed to be consistent with Maplewood and St. Paul water utility standards to ensure a reasonable level of service. 8. All utility installations shall be underground. 9. The private streets must be at least 28 feet in width,with parking on one side only. 10. Water lines must be flushed at least once each year or as required by the environmental health officer. 11. The site plan and landscaping plan must be reviewed and approved by the Community Design Review Board. The Board shall give special consideration to: a. Varying the placement of homes on the site where practical. b. Minimizing the affect pf the noise from Century Avenue by berming and landscaping. c. Landscaping shall be placed so as not to hamper the removal or placement of mobile homes on the site. 12. All storm water discharge must be directed to the wetland to the west. No connection to the City storm sewer shall be allowed. 13. A mobile home may not be moved orto a lot until the following is completed: a. A street is paved in front of the lot. b. Utilities are available. c. A foundation, sidewalk and driveway are completed. d. Required trees, shrubs or berning must be in place. 4 10 -4 -82 14. Sod for lots must be in •lace thirty days after a lot is occupied, or a letter of credit or cash -scrow deposited with the Director of Community Development to ensure ins allation. 15. All mobile homes must be ew at the time of installation, skirted and tied down. Skirting shal exterd from the frame of the chassis to the ground. Skirting must be painted to match the mobile home. 16. All tie -downs and foundat ons must meet the State Building Code. 17. A Storm shelter or shelte s to accommodate 500 persons shall be provided, must remain fre4. of storage and be centrally located in the mobile home park for .ccess during emergencies. 18. The sign regulations for she R -3 district shall apply. 19. The following minimum set'acks stall apply: a. Twenty feet to a priv.te street b. Thirty feet to a public right -of -way c. Five -foot side yard s:tback on the side opposite the entry d. Twenty -foot side yard setback on the entry side. 20. No structures shall be allowed in a required setback, except for an accessory building in the twenty -foot side yard setback. Such accessory building must have a side and setback of at least five feet. 21. Construct at least a thirty -inch sidewalk from the driveway to each mobile home entrance. 22. Sales of mobile homes shall be 1 to those owned by park residents and those sold by the park owner for placement in the park. 23. The developer shall provida traffic control signs as required by the Director of Public Safety. 24. Compliance with all pertin °nt State Statutes and /or regulations. 25. This special use permit sh:11 be reviewed two years after the grading permit is issued to determ'ne compliance with conditions and whether a change in conditions is ne essary to resolve problems that may, have developed. The Planning Commission also r :•commends the following be added to the findings of fact in the propos:d resolution for the special use permit: 3. Approval of this special u.e permit does not constitute approval of the site plan by the Planning commission. Commissioner Fischer seconded Ayas -- Commissioner Axdahl, Barrett, Ellefson, Fischer, Howard, Kis el, Pellish, Prew, Sletten, Whitcomb 5 1n_a_u2 D. Code Amendment -- Double -D ellinc Entrances Secretary Olson said the proposal is to revise the zoning coile to delete the requirement for t o entrances to each unit of a doubl dwelling. Chairman Axdahl asked if there was anyone present who wished to comment on the proposal. Commissioner Fischer mov d the 3 1anning Commission recommend that the City Council approve the res lution to delete the requirement for two entrances to, each ,unit_ of a_ oubl e , dwel l_i ng . i n_order to make the zon_i ng code consistent with the Uni orm Buildinq.Code. Commissioner Pellish seconde Ayes - - Commissioners Axdahl, Barrett, Ellefson, Fischer, Howard, Kishel, Pellish, Prew, Sletten, Whitcomb E. Rezoning - -1559 E. County oad C (Haffely) Secretary Olson said the ommission previously considered this item and recommended approval subj ct to the required two exits being installed per unit. Staff is recommending Commission reconsider their re- commendation at this time. Mr. Haffely indicated he 'ould provide for fire safety exiting in the structure. Commissioner Pellish moves the Planning Commi Sion am n� t June 7, 1982 Commission recommendatio to strike the reauirement for two exits from Jea h.uni t as d a condi one p .�.. _chae .�._ ..,g_a pproval. Congnissioner Sletten seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Howard, Kis el, Pellish, Prew, Sletten, Whitcomb F. Set Hearing Date - -Plan Ame dment (Gladstone Area) Secretary Olson said the City Council requested the Planning Commission consider amending Rm density a eas in Gladstone neighborhood to RL. Commissioner Prew Lth;. _Planning (:ommission establish October 1 _1982 as the hearing date for t a Comprehensive Plan amendment for he Gladstone neighborhood. Commissioner Fischer seconded Ayes - - Commissioners Axdahl, Barrett, Ellefson, Fischer, Howard, Kis el, Pellish, Prew, Sletten, Whitcomb G. Rezoning -- Stillwater Road and Stillwater Avenue Secretary Olson said the re•uest - s to rezone the site from BC and F to R -3. Approval is recommende . Al Hamel, representing P J. GaughEn, Inc., reviewed the history of the proposed development of the property. 10 -4 -82 Commissioner Fischer .. moved the Planning Commission recommend that the City_Council approve the resolution rezoning the site from BC, Business _Commercial and F, Farm to R-3, Resilence District (Multiple) Commissioner Kishel seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Howard, Kishel, 'ellish, Prew, Sletten, Whitcomb 9. UNFINISHED BUSINESS 10. COMMISSION PRESENTATIONS The Commission reviewed the Council meeting of September 27, 1982. 11. STAFF PRESENTATIONS 12. ADJOURNMENT Meeting adjourned at 9:55 p.n. 7 10 -4 -82 I MEMORANDUM TO: Planning Commission FROM: Director of Community Development SUBJECT: City Council /Planning Commission Study Meeting DATE: October 11, 1982 ' At the Planning Commission's request, there will be a joint meeting with the City Council on October 21 at 7:30 p.n. in the City Hall Council Chambers. The purpose of this meeting is to discuss the proposed environmental protection ordinance and the proposed ordinance regulating setbacks to R -1 zones. mb \II/1.\\7 DATE: OCTOBER 18, 1982 L) TIME: 7:30 P.M. Map /e ::r w P /armi AGENDA PLACE: 1 380 FROST AVENUE } O mm�SSrjOn LOCATION: COUNCIL CHAMBERS !___- 1. Call to Order 2. Roll Call 3. Approval of Minutes A. October 4, 1982 4. Approval of Agenda 5. Public Hearing A. Plan Amendment: Gladstone Neichborhood 6. Visitor Presentations 7. Communications 8. New Business A. Lot Width Variance: English ani Lark (Bernhart Construction) B. Variances: 2745 Gem Street (Gray) C. Preliminary Plat: Schwichtenberg Addition D. Rezoning: Stillwater Road and Ferndale St. E. Code Amendment: Shoreland Ordinance F. Joint Meeting with the City Courcil: October 21 9. Unfinished Business 10. Commission Presentations A. October 7 Council meeting B. Commission Representative October 25 Council. meeting 11. Staff Presentations 12. Adjournment MINUTES OF TH: MAPLEWOOD PLANNING COMMISSION MONDAY, OITOBER 18, 1982, 7:30 P.M. 1380 FROST 'VENUE, MAPLEWOOD, MINNESOTA 1. CALL TO ORDER Chairman Axdahl called the melting to order at 7:30 p.m. 2. ROLL CALL Commissioner Lester Axdahl Present (Chairman) Commissioner Richard Barrett Present Commissioner Paul Ellefson Present Commissioner Lorraine Fischer Present Commissioner Dorothy Hejny Present Commissioner William Howard Absent Commissioner Edward Kishel Present Commissioner Joseph Pellish Present Commissioner Duane Prew Present Commissioner Ralph Sletten Absent Commissioner David Whitcomb Present 3. APPROVAL OF MINUTES A. October 4, 1982 Commissioner Fischer moved approval of the minutes of October 4, 1982 as submitted. Commissioner Kishel seconded Ayes -- Commissioners Axdahl,Barrett Ellefson, Fischer, Kishel, Pel ish, Prew, Whitcomb. Abstained -- Commissioner Hejny 4. APPROVAL OF AGENDA Commissioner Fischer moved approval of the agenda as submitted. Commissioner Prew seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Kish-1, Pellish, Prew, Whitcomb 5. PUBLIC HEARING A. Plan Amendment -- Gladstone eighbcrhood Secretary Olson read the notice cf public hearing. The proposal is to redesignate the areas from RM residential Medium Density to RL, Residential Lower Density and to amend the acreage chart to reflect the changes. It is also proposed to designate a portion of the property that is developed with apartments to RH and anot er area designated as LSC which presently has a business on it. 10 -18 -82 Chairman Axdahl asked if here as anyone present who wished to comment on the proposal. Mike Mularoni, owner of p opert adjacent to Walter Street, south of Frost Avenue, reviewed his previous request for zone change. HO is against the change in the Comrehen.ive Plan for his property. He thought the Commission should upholo their original recommendation and leave the RM designation in his property. He wishes to continue to try to have his property r Tore Eikvar, 1100 Fenton, asked hen the property was originally designated for the RM classif catio . This was the first notification he received of any proposed c ange. Secretary Olson said this is th- first notice sent to the individual property owners. Notices wer maileo for the proposed zone change for Mr. Mularoni Norman Anderson, 1603 Frost Aven e, said he was one of the Council members that brought this up or reconsideration. He was concerned with the proposed change in zoning to put the quads between the residential area. The quads do have an a'fect upon the people living there. His job is to support the wishes of the esidents of Maplewood. Mr. Mularoni said his property i. adjacent to business commercial property, adjacent to Ram.ey County Open Space and close to the boundary with the City of St. Paul, therefore, good location for quads. Virginia Davis, 1050 Fros , askefi if the plan amendment would prohibit the construction of a duple on the property. Secretary Olson explained hat t pe of construction is permitted in the RM area and the RL area The Commission and Secreta y Olson discussed how Mr. Mularoni's property could be developed if there is a Plan amendment and the zoning remains single family. John Daubney, attorney for Mr. M laroni, read the Planning Commission recommendation of August 2, 19:2. e requested the Commission comply with that recommendation. Charles Reed, 1810 English Stree', questioned what would happen to his property with the plan ame dment. The Commission indicated i woulo not change the single - family property. Tony Oswald, 1700 Rosewood said he agrees with the staff report. He indicated he had an estimat: from he construction of Curve Street, it was determined not feasible to constr ct it for 13 lots. He thought the property would best develop w th tow houses from Ripley to Larpenteur. Don Hokenson, 1851 Clarenc: Stree , he questioned the proposed alignment of Curve Street. Staff indicated that the Planning Commission and Council would have to make decisions on the align ent so th of Ripley. From the staff 2 10 -18 -82 level it is felt it would be expens to construct the street. Possibly the construction of private drives with the use of townhouses or quads would be feasible. The same situation may exist north of Ripley. Carl Grill, owner of four lots Et 1280 Frisbie, questioned if, City water would be extended on Frisbie if the property on the north side of Frisbie would be developed. -le alsc asked how the Plan change would affect his vacant 80 foot lot. He tasked if the park would be extended to the east. Director of Publid Works Haider indicated there is a water main on English Street and Frost Avenue. It would depend on the type of development proposed for the parcel if additional water lines would have to be constructed. Secretary Olson indicated he did not think there was any consideration of extending the park into the Burlington Northern property. He also explained what type of uses are proposed for the property by the Plan. Earl Ranniger, 1699 English, was concerned with drainage in the area and what would be done for drainage when additional development occurs. Mr. Reed questioned why there were three different land uses on the railroad property Jim Greschner, 1175 Ripley, commented on the drainage pattern in the area of the railroad property. -le thought storm sewers would be required before the property could develop. Councilmember Anderson commented on the procedures used by the Council in establishing a decision of improvements in Maplewood. Chairman Axdahl closed the publi: hearing portion of the meeting. Commissioner Prew moved the Planting Commission recommend the approval of the change in the Plan f r that area designated as area B in Staff's report dated October 14, 1982 , as outlined in the re.solutio en losed in the report, cm the basis that: 1. The areas proposed for RL designation are predominately single dwellings at low density. 2. The LSC and RH designatiors reflect existing uses. 3. The RM designation on the Oswalds' property should be continued to avoid significant costs tc the City for constructing Curve Street and to avoid constructing single dwellings facing a railroad track. Commissioner Whitcomb secondec Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Kishel, Pellish, Prew, Whitcomb 3 1©-14 -82 The Commission discussed with Secretary Olson the possibility of changing just a portion of Are. A to RL and leaving the Mularoni property as RM. They further discussed the best possible land use for the area and the existing land use designations along Frost Avenue. Commissioner Pellish moved the Planning Commission recommend approval of theft", designation for Area A with the following exception: Delete, - •r-vious matter considere• and approved b this body, granting an RM desig_nation to the " Mularoni" •ro. rty and the resolution be amended accordingly. This reaffirms 'he action of the Commission from a previous meeting on a same subject matter to be consistent with its findings Commissioner Kishel seconded Ayes -- Commissioners Axdahl, Barrett, Bejny, Kishel, Pellish, Prej, GhitcomD Abstained -- Commissioner Fischer and Ellefson 6. VISITOR PRESENTATIONS 7. COMMUNICATIONS 8. NEW BUSINESS A. Lot Width Variance: Engli -h and Lark (Bernhart Construction) Secretary Olson said the a.plican; is requesting approval of a corner lot variance of thirteen feet go cons a single dwelling. Staff is recommending approval as outli ed in ,heir report Chairman Axdahl asked if t ere was anyone present who wished to comment on the proposal. No comments were heard. Commissioner Kishel moved phe Planning Commission recommend approval of the resolution granting _appova o= a lot width variance, on the basis that: __. __ _ 1. There is a hardship since he property could not be developed if the Code requirements were strict'y enforced. 2. The variance would be in k-eping with the spirit and intent of the ordinance in that all required setbacks can be met. 3. The City has approved comparable 'ot width variances in the past. 4. The variances would permit the development of the site and eliminate an eyesore. 5. Most of the developed corner lots in the neighborhood have less frontage than the proposed lot. Commissioner Fischer seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Kishel, Pellish, Prew, Whitcomb 4 10 -18 -82 B. Variances - -2745 Gem Street (Gray) Secretary Olson said the applicant is requesting a lot frontage and access variance to subdivide a property into three residential lots. Staff is recommending approval of alternative one and a 20 foot lot frontage variance. John Gertin, attorney at 1014 Payie Avenue, said the structure is existing, they are requesting three different sites for the property. They are not interested in lots to be used for double dwellings, single family only. The property has been assessed for municipal improvements. They feel the proposal they submitted is appropriate because it would be a low usage of the property. The Commission discussed with Director of Public Works Haider the possibility of the extension of Fland -au Street adjacent to the back property line of this parcel. Director Haider indicated there is a proposal for ponding north of County Road C where Flandrau would be constructed. The Commission discussed the three alternatives and which one they felt would be best. Mr. Gertin questioned how a driveway could be constructed to meet the needs according to staff's a'ternative one as the garage doors are on the north side of the structure. Commissioner Whitcomb moved the Fanning Commission recommend to the City Council denial of the applicant's request for a thirt foot lot frontage variance and an access variance to create three residential lots at 2745 Gem Street, on the basis that: 1. The resulting house - behind -a -house development would hamper the delivery of public safety services to the existing dwelling. 2. The request is not due to claracteristics unique to the property. 3. Approval would set an undesirable precedent, making denial of similar requests difficult. 4. An alternative exists for tie reasonable use of the property. Commissioner Pellish seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Kishel, Pellish, Prew, Whitcomb Commissioner Whitcomb moved the Planning Commission recommend approval of Alternative #two as outlined in the staff report dated October 8, 1982, based on the fact that alternative #1 is not consistent withthe Maplewood lot sizes and the problems with placing the driveway over the septic tank could be more readily solved. Commissioner Pellish seconded The Commission discussed whether they should make a recommendation such as this or if the applican, should return to the staff and work with them. They also questioned if the parcel was too large to limit to just two building sites. 5 10 -18 -82 Mr. Gertin said Mr. Gray is agreeable to amending the request to alter- native #1. There is some urgercy because they wish to get the vacant house on the market. Commissioner Kishel moved approval of the resolution approving a ten, foot lot frontage variance for 2745 Gem Street to permit the residPntial lots, subject to: 1. Constructing a paved, five -ton, twelve foot wide drive to within 150 feet of the farthest point of the existing dwelling. A letter of credit may be provided to the City instead, if the drive cannot be constructed until after the deeds are recorded. 2. Payment of the deferred water assessment for Project 75 -16. 3. The depth of the lots will be determined at the time of lot division approval and may vary from those shown on the enclosed map. Approval is recommended on the basis that: 1. The driveway would be brougit into conformance with the requirements of the Uniform Fire Code and meet setback requirements. 2. The variance is minimal. 3. The lot has more than enough area for three lots. Commissioner Ellefson seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Kishel, Pellish, Prew, Whitcomb. C. Preliminary Plat -- Schwichtenberg Addition Secretary Olson said the applicant is requesting approval of a preliminary plat approval to create thirteen single - dwelling lots and a larger nant lot be developed later. Staff is recommending approval as outlined in their report. The Commission discussed with the applicant the alignment of the trail, the dedication of the land for park purposes Commissioner Kishel moved the Planling Commission recommend to the City_Council approval of the Scrwichteiberg Second Addition preliminary plat for thirteen single- dwelling lots, ss bj ct to: 1. Lot five, block one and lot one, block two shall be at least 100 feet in width, at the established building setback line from Dorland Road. 2. That part of the outlot lying northeast of a line from the northeast corner of parcel 040 -29 to the censer of the temporary Dorland Road cul -de -sac, shall be combined with lot three, block two, as illustrated on map three. The remainder of the outlot shall be redesignated', as Outlot A. 6 10 -18 -82 3. Lots seven and nine, block one, shall be at least 75 feet wide at the building setback line, as measured parallel to the right -of -way of Dorland Road. 4. Lots five through eleven, block one, shall be changed to lots one through seven, block three. 5. A signed developers' agreement shall be approved by the City Engineer. The developers' agreement shall - nclude provisions for: a. Dedication of storm sewer anc trail easements as follows: (1) Twenty -feet wide f ^om Dahl Road to the existing pond, centered on the east line of lots five through eight, block one (2) Twenty -feet wide adjacent to the southwesterly and southerly lines of lot eleven, block one. (3) Ten -feet wide across the northwest corner of lot eleven, block one as measured from the west line of the plat. (4) Over the existing pond. b. Construction of public streets and utilities internal to the plat, including easements, construction and elimination of the temporary cul -de -sacs at the ends of Dorland and Dahl Roads. 6. Approval by the City Engineer of final grading, drainage, and utility plans. 7. Submission of an erosion control )1an to the City Engineer, consistent with the recommendations of the Soil Conservation Service. This plan shall address the trail access to the park (Outlot C). 8. Outlot C may be used for calculating density on lot four, block one. 9. Prior to issuance of an occupancy permit, the developer shall grade an eight -foot wide trail within the storm water easement adjoining, lot eleven, block one from Outlot C to the temporary cul -de -sac for Dorland Road. The alignment within the storm water easement shall be approved by the City Engineer. (A recommended trail alignment is illustrated on map three.). 10. Except for the land lying east of the trail (item nine), the area southwester of the southwest line of lot eleven, block one and north of the easterly extension of the south line of parcel 040 -29 (map three) shall be designated as Outlet B. The excepted land shall be combined with lot eleven, block one. 11. Outlot C shall be dedicated to the City for park not in lieu of PAC charge. Commissioner Pellish seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Kishel, Pellish, Prew, Whitcomb. 7 10 -18 -82 D. Rezoning -- Stillwater Road and Ferndale Street Secretary Olson said the proposal is to rezone the property from BC to R -1 No one was present to comment on the proposal. Commissioner Pellish moved the Planning Commission recommend to the City Council approval of the resolution rezoning the parcel from BC to R-1. Commissioner Hejny seconded Ayes-- Commissioners Axlahl, Barrett, Ellefson, Fischer, Hejny, Kishel, Pellish, Prew, Whitcomb E. Code Amendment -- Shoreland Ordinance Commissioner Whitcomb moved the Commission table this item until a future meeting. — -- Commissioner Fischer seconded Barrett, Ellefson, Fischer, Hejny, Kishel, Pellish, Prew, o Whitcomb hl, F. Joint Meeting with the City Council -- October 21 The Commission discussed with Secretary Olson what should be included on the agenda for the joint meeting. 9. UNFINISHED BUSINESS 10. COMMISSION PRESENTATIONS A. October 7 Council meeting B. Commission Representative October 25 Council meeting. 11. STAFF PRESENTATIONS 12. ADJOURNMENT 10:35 p.m. 8 10 -18 -82 VA , T , DATE: NOVEMBER 1, 1982 /Napiewo TIME: 7:30 P.M. Planning ` ACENDA PLACE: 1380 FROST AVENUE COftl/lliSS'iOn LOCATION: COUNCIL ! CHAMBERS • 1. Call to Order 2. Roll Call 3. Approval of Minutes 4. Approval of Agenda 5. Public Hearing 6. Visitor Presentations 7. Communications 8. New Business A. Code Amendment: Shoreland Ordinance 9. Unfinished Business A. Code Amendment: Environmental Protection Ordinance 10. Commission Presentations 11. Staff Presentations 12. Adjournment I I MINUTES OF THE MAPLEWOOD PLANNING COMMISSION NOVEMBER 1, 1982, 7:30 P.M. 1380 FROST AVENUE, MAPLEWOOD, MINNESOTA 1. CALL TO ORDER Chairman Axdahl called the meeting to order at 7:30 p.m. 2. ROLL CALL Commissioner Lester Axdahl Present (Chairman) Commissioner Richard Barrett Present Commissioner Paul Ellefson Present Couniissioner Lorraine Fischer Present Commissioner Dorothy Hejny Absent Commissioner William Howard Present Commissioner Edward Kishel Absent Commissioner Joseph Pellish Present Commissioner Duane Prew Absent Commissioner Ralph Sletten Present Commissioner David Whitcomb Present 3. APPROVAL OF MINUTES 4. APPROVAL OF AGENDA Commissioner Barrett moved approval of the a enda as submitted. Commissioner Ellefson seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Howard, Pellish, Sletten, Whitcomb 5. PUBLIC HEARING 6. VISITOR PRESENTATIONS 7. COMMUNICATIONS 8. NEW BUSINESS A. Code amendment -- Shoreland Ordinance Secretary Olson said the Department of Natural Resources has requested that the City comment on their preliminary shoreland classifications for thirteen lakes and two streams in Maplewood. The DNR is also requiring adoption of a shoreland management ordinance, based upon their Model Shoreland Overlay District Ordirance f)r Municipalities. The ordinance as presented in the staff report, has )een approved by the DNR. John Stein from the Department of Natural Resources is present at the meeting to answer questions. 11 -1 -82 John Stein, DNR, said he ha- been working with the City staff on the proposed ordinance. The DNR ob ains their authority through state legislation. The Commission discussed wi h Mr. Stein how the proposed ordinance would relate to the federal water pol ution requirements. He explained from what point the setback would be meal red from for the streams located in Maplewood. Mr. Stein said the DNR will be involved in the review process of plats that would be located within the shoreland areas. The lakes that are sensitive to development will have greate setbacks, greater lot areas required. Chairman Axdahl asked if t ere was anyone present who wished to comment on the proposed ordina ce. Don Christianson, 1111 E. Iounty Zoad C, suggested using the minimum lot sizes, this would help pro'ect the lakes. He also questioned if duplexes, quads would have to ave only the minimum width lots of 75 feet. Mr. Stein indicated the C ty adopts minimum lot width standards per unit. Marilyn Vars, 1140 Beam A enue, also would like to see minimum lot sizes. The minimums must be ery precise and established by ordinance. She thought the five classifications of protected waters unnecessarily complicates the ordinance. S e suggested uniformity in the categories throughout the state. She thought the property that is separated by an arterial should not be exe pt. She wished the ordinance to be more restrictive on the amount of mpervious surface being allowed. The Commission discussed w th staff whether there would be a problem with the additional classifications when approximately 8 of the lakes in Maplewood also abut other 'ommunities. Staff indicated the City would only administer our reg lations. The Commission suggested review- ing the classifications of th- lakes in relation to where there will be development occurring unde the Comprehensive Plan. Staff reviewed the land u.e categories,as outlined in the Compre- hensive Plan, that surround t e lakes within Maplewood. He also indicated what lakes are pres-ntly developed. Staff indicated the classifications presented by INR are for more a state -wide basis and do not take into account some of the provisions needed for an urban area. Commissioner Fischer moves the Flanning Commission recommend that the LI..ty....0 tnci Lapprove thy.. •r...Q.maed_ shorelanc Q.rdinance A.s_m _1 fined Jn_ataff's report dated Octob-r 7, 1982. Commissioner Whitcomb seconde• Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Howard, Pe lish, Sletten, Whitcomb Commissioner Fischer oved to amend the definition of structure to _ read "ary thinq_manufactured onstructed or erected which is normally Commissioner Whitcomb C o ne oit tc omb se Ayes--Commissioners Ayes-mmissioners Axdahl, se Barrett, Ellefson, Fischer, Howard, Pellish, Sletten, Whitcomb 2 11- 1-82 9. UNFINISHED BUSINESS A. Code Amendment -- Environmental Protection Ordinance Secretary Olson said the ordinance, as presented to the Commission, has been revised to include the suggestions made at the joint meeting with the Council. Chairman Axdahl asked if there wls anyone else present who wished to comment. Jack Dielentheis, Dawn De■,elopmeit, questioned if this ordinance applied to the entire City or just t) the Critical area. Staff indicated the ordinance applied to the complete City. There is a critical area in the City which is required to have special regulations as required by the State. Mr. Dielentheis asked why it was necessary to again include the critical area. Staff indicated it was their desire to again review the critical area ordinance and possibly replace it with the proposed environmental protection ordinance. Mr. Dielentheis discussed the Council review and site reviews that will be required if this ordinance would be adopted. Fred Haas, Mary Anderson Construction, questioned what protected water was, is there a certain size pond or lake? Staff indicated it is the protected waters as outlined in the shoreland ordinance. They are defined by the State. Mr. Haas indicated he thought the clustering of housing should be an alternative, not a requirement. This prohibits the use of single family homes mixed with clustered urits. Kurt Schwichtenberg indicated he was glad to see the revisions to the ordinance. Commissioner Whitcomb moved_the Planning_Commission recommend to the City.__Co ci approval of the proposed Environmental Protection Ordinance as_presented in the staff report dated November 4, 1982 with an amendment to Section 9 -192, eliminate (a) and renumber (b) (c) (d) to (a) (b) ( . Commissioner Fischer seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Howard, Pellish, Sletten, Whitcomb 10. COMMISSION PRESENTATIONS A. October 25 Council meeting. 11. STAFF PRESENTATIONS 12. ADJOURNMENT Meeting adjourned at 10:00 p.m. 3 11 -1 -82 DATE: NOVEMBER 15,1982 \ V A/ 11 TIME: 7:30 P.M. v PLACE: 1380 FROST AVENUE Maplewood Planning AGENDA LOCATION: COUNCIL CHAMBERS omr»iss on 1. Call to Order 2. Roll Call 3. Approval of Minutes A. October 18, 1982 4. Approval of Agenda • 5. Public Hearing 6. Visitor Presentations 7. Communications 8. New Business A. Rezoning: Belmont and Desoto (Wegleitner) B. PUD Revision: Acorn Greenhouses C. Special Exception: Minnehaha & Century (Game Room) D. Code Amendment: Special Use Fermits E. Code Amendment: Limit on Commissioners' Terms 1 9. Unfinished Business 10. Commission Presentations A. November 8 Council Meeting B. Commission Representative November 22 Council Meeting 11. Staff Presentations A. Conference 12. Adjournment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION NOVEMBER 15, 1982 7:30 P.M. 1380 FROST AVENUE, MAPLEWOOD, MINNESOTA 1. CALL TO ORDER Chairman Axdahl called the meeting to order at 7:30 p.m. 2. ROLL CALL Commissioner Lester Axdahl Present (Chairman) Commissioner Richard Barrett Present Commissioner Paul Ellefson Present Commissioner Lorraine Fischer Present Commissioner Dorothy Hejny Present Commissioner William Howard Present Commissioner Edward Kishel Present Commissioner Joseph Pellish Present Commissioner Duane Prew Absent Commissioner Ralph Sletten Present Commissioner David Whitcomb Absent 3. APPROVAL OF MINUTES A. October 18, 1982 Commissioner Pell ish mo_ v_ e_d pp aro val of the mi nutes of Qctober_1 1982 as submitted. Commissioner Kishel seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Kishel, Pellish Abstained -- Commissioners Sletten and Howard 4. APPROVAL OF AGENDA Commissioner Kishel moved approval of the agenda as submitted. Commissioner Barrett seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Kishel, Pellish, Sletten. 5. PUBLIC HEARING 6. VISITOR PRESENTATIONS 7. COMMUNICATIONS 11 -1$ -82 8. NEW BUSINESS A. Zone Change -- Belmont and DeSoto (Wegleitner) Secretary Olson said the request is a zone change to permit thel construction of a double dwelling. Staff is recommending approval. The applicant was not present at the meeting. Commissioner Kishel moved tie Planning Commission recommend to the City Council the approval of tha zone change for Lot 15, Block 2, DeMars Tenth Addition from R -1, Residence District (Single Dwelling' to R -2, Residence District (potpie Dwellinq),_on the basis that: 1. The rezoning is compatible with the neighborhood. 2. Over fifty percent of the surrounding land owners are in favor of the zone change. 3. There would not be an adverse impact on density in the neighborhood, since the area is presently underdeveloped according to the maximum density allowed in the Land Use Plan. Commissioner Sletten seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Kishel, Pellish, Sletten. B. PUD Revision - -Acorn Greenhouses Secretary Olson said the request - s for approval of a revision to the PUD to add a double - dwelling lot. Staff is recommending approval of the request. He also indicated the lot wrich was designated for doubler- dwelling construction is going to now be a single - family home. The applicant was not present at the meeting. Commissioner Hejny moved the Planning Commissionrecommend to the City Council approval o f the resoluti revisingthe Acorn _Greenhouse .planned unit development to include a double - dwelling lot on the westerly 85 feet of lot four, block one, Acorn Greenhouses. Commissioner Ellefson seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Kishel, Pellish, Sletteni. C. Special Exception -- Minnehaha and Century (Game Room) Secretary Olson said the applicant is requesting approval of a special exception to operate a video game room. Staff is recommending denial of the request. Rod Vener, 1935 Old Hudson Road, St. Paul, said he did go through the neighborhood and survey the neighbors He obtained approximately 40 signatures of the neighbors who felt - t would be good for the community. 2 11 -15 -82 Mr. Vener indicated the room would be located in the easterly end of the building and not the westerly. The Commission suggested staff survey the surrounding property bwners before the next meeting. The applicant explained the reasors for the proposed hours. They would not open until after the school is closed for the day. Richard Ernst, 2100 Silver _ake Read, representing RCE Corporation, questioned if the surrounding property owners had received notice of this meeting. Secretary Olson indicated notices were not sent out. Mr. Ernst said the fact the applicant received approval from the neighborhood the City should approve it. By keeping this type of business within a mall area, tha entire community is not being served. He indicated that in St. Paul there are these types of facilities within residential areas. Staff indicated St. Paul was not surveyed, surrounding suburban communities were. The Commission discussed what type of survey should be requested. Commissioner Kishel zoye_ tiffs item be tabled until the next Commission meeting and request staff to survey the neighborhood_to find out of they are aware of wiat the .Proposal is. Commissioner Hejny seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Kishel, Pellish, Sletten D. Code Amendment -- Special Use Permits Secretary Olson said the City Courcil requested staff prepare an ordinance establishing criteria for fre approval of special use permits. Commissioner Kishel moved this item be tabled and referred to staff for review. Commissioner Fischer seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Kishel, Pellish, Sletten F. Code Amendment- -Limit on Commissicn Terms Secretary Olson said the Council requested review of the limit of time for Commission terms. The Commission reviewed the proposed ordinance and what Commissioners would be affected by it. They also reviewed what advantages there are when Commissioners stay with the City for a number of years. Councilman Bastian commented on tre proposed ordinance amendment. Possibly at the time of reappointment, each candidate will have to be reviewed at that time. The Commission indicated if the ordinance is approved there would be 3 11 -15 -82 a loss of expertise, regional distribution would be difficult in member- ship, loss of senior members on the Commission would be a loss of their recall on action that was taken years ago on issues that are not resolved yet, the lack of time to gain an understanding of the City's processes, etc. 9. UNFINISHED BUSINESS 10. COMMISSION PRESENTATIONS A. November 8 Council meeting B. Commission Representative November 22, Council Meeting 11. STAFF PRESENTATIONS A. Conference Secretary Olson indicated aiy commissioner wishing to attend the conference should contact him. 12. ADJOURNMENT Meeting adjourned at 9:17 p.m. 4 11 -15 -82 V(t\l DATE: DECEMBER 6, 1982 Ma/�/ @WOO[ TIME: 7:30 P.M. P /arming • AGENDA PLACE: 13$0 FROST AVENUE rrt %s ion LOCATION: COGINCIL CHAMBERS • 1. Call to Order 2. Roll Call 3. Approval of Minutes A. November 1, 1982 • B. November 11, 1982 4. Approval of Agenda 5. Public Hearings 6. Visitor Presentations 7. Communications • 8. New Business A. PUD: Gervais Overlook B. Frost Avenue Reconstruction C. Plan Amendment Heariig Date: 2335 Stillwater Road 9. Unfinished Business A. Special Exception: Minnehaha and Century (Tropicana Games) 10. Commission Presentations A. November 22 Council Meeting B. Commission RepresentEtive -- December 13 Council Meeting 11. Staff Presentations 12. Adjournment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION DECEMBER 6, 1982 7:30 P.M. 1380 FROST AVENUE, MAPLEWOOD, MINNESOTA 1. CALL TO ORDER Chairman Axdahl called the meeting to order at 7:30 p.m. 2. ROLL CALL Commissioner Lester Axdahl Present (Chairman) Commissioner Richard Barrett Present Commissioner Paul Ellefson Present Commissioner Lorraine Fischer Present Commissioner Dorothy Hejny Present (arrived at 8:00 p.m.) Commissioner" William Howard Present Commissioner Edward Kishel Present Commissioner Joseph Pellish Present Commissioner Duane Prew Present (arrived at 8:13 p.m.) Commissioner Ralph Sletten Present Commissioner David Whitcomb Present 3. APPROVAL OF MINUTES A. November 1, 1982 1982CommissionerdPellish moved approval of the minutes of November 1, Commissioner Sletten seconded Ayes -- Commissioners Axdahl, Barrett Ellefson, Fischer, Howard, Pellish, Sletten, Whitcomb Abstained -- Commissioner Kishel. B. November 15, 1982 Commissioner Kishel moved approva of the minutes of November 15, 1982 as submitted. -- — - --- --- - - -- __.r.__- -�_ Commissioner Pellish seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Howard Kishel, Pellish, Sletten. Abstained -- Commissioner Whitcomb 4. APPROVAL OF AGENDA Commissioner Kishel moved aprova1 of the agenda submitted Commissioner Barrett seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Howard, Kishel, Pellish, Sletten, Whitcomb 5. PUBLIC HEARINGS 7. VISITOR PRESENTATIONS 12 -5 -82 7. COMMUNICATIONS Chairman Axdahl said a letter was re :eived from Met Council regarding a hearing for January 4 regarding sewage treatment and handling. Iit will be held at 2:00 in the Council Chambars. Secretary Olson said the Watershed District forwarded a notice asking for volunteers to serve on a citizens advisory committee. 8. NEW BUSINESS A. PUD-- Gervais Overlook Secretary Olson said the applicait is requesting approval of a special use permit for a planned unit development of 4 town house ,carriage home, and double - dwelling units. Staff is recommending approval. The Commission discussed with Director of Public Works Haider the length of the private drive and the maintenance of it. The Commission also stated concern with possible traffic visibility problems at the intersection of the private drive on.o Arcade Street. Richard Anderson said staff did a thorough job on the staff report. He suggested stop signs at the intersection to control the traffic . would help provide the required safety.He commented on the proposed drainage for the site. He said because of the terrain it will enable him to construct eight unit carriage homes which all have on -grade access. Commissioner Fischer moved the Planning Commission recommend approval of the resolution Approving a special use permit for the Gervais Over planned unit velo m`en - --•- -- p TonTEe-ba"sis .�.f�hai;.. 1. The proposal is consistent with the provisions of the Land Use Plan for cluster development in a low density residential neighborhood. 2. The proposal is consistent with interim and proposed shoreland regulations. Approval is subjec toe 1. The Community Design Review Board making a finding that the structures will be compatible with neighboring dwellings. 2. Any conditions imposed by the Comnunity Design Review Board. 3. Combination of parcels one and two. 4. Before final plat or building permit approval, the following conditions shall be met: a. Council awarding a constructicn contract for extension of sanitary sewer to the site or approval of the Metropolitan Waste Control Commission for use of their sewer in Arcade Street 2 12 -6 -82 b. The City of Little C.nada ordering the extension of water to the site. c. Final grading, drain.ge, and utility plans must be approved by the City engineer. d. A signed developer's agreement, with the required surety bein submitted to the cit engineer for the provision of on -site g sanitary sewer, water, and storm water drainage facilities. e. Dedication of drainag- easements to Ramsey County for County Ditch Seven. f. Submission of a water quality management plan. The plan Shall include but not be li ited to, a statement of the run -off retention methods to be used to reduce potential water pollution during construction and afte construction is completed. This plan shall consider the recommen of the Soil Conservation Service. g. Payment of deferred w.ter assessment (Project 75 -16). 5. Construction of the first phase rust be started within one year of Council approval or the permit shall be null and void, unless an extension is granted by th- Council. The second phase shall begin within two years of the co pletion of the first phase. If an extension is not granted, the permit for the second phase shall be null and void. 6. Approval of homeowners' as.ociation by -laws and declarations by the city attorney. Commissioner Whitcomb seconded Ayes - - Commissioners Axdahl, Barrett, Ellefson, Fischer, Howard, Kis el, Pellish, Sletten, Whitcomb Commissioner Hejny arrived at she meeting at 8:00 B. Frost Avenue Reconstructio Secretary Olson said this •roject is for street reconstruction, storm sewer and a bike- pedestrian pat for the Gladstone area of Maplewood. Staff is recommending the Commission find the proposal consistent with the Comprehensive Plan. The Commission and Public W•rks Director Haider discussed the revisions that are proposed to •e made to the grit chamber. Commissioner Kishel moved t e Plannin Commission recommend to he City Council of P orP jeci 82 -9 s it,com files with ± theCompr hensive _Elan,_ Al so„._reco mend amendment of tha Plan�Update to show the r. the trai 1 map. t _ l T ri . Commissioner Ellefson seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Howard, Kishel, Pel'ish, Sletten, Whitcomb,Hejny Commissioner Prew arrived at the meeting at 8:13 p.m. 3 12 -6 -R2 C. Plan Amendment Hearing Date - -2335 Stillwater Road Secretary Olson indicated that the City Council initiated a Plan amend- ment for 2335 Stillwater Road from 5C to RH. Staff is recommending a hearing date of December 20. Commissioner Fischer moved the Planning Commission establish a earing date for December 20, 1982 Kishel seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Howard, Kishel, Fellish Sletten, Whitcomb, Prew and Hejny 9. UNFINISHED BUSINESS A. Special Exception-- Minnehaha and Century (Tropicana Games) Secretary Olson said the Commission previously tabled this request pending a survey of the surrounding property owners. The applicant is proposing to rent the second lease space from the end. The building official has reviewed the proposal and because of the type of use, it will have to be either in the east or west end of the building because two exits are required. Mr. Vener said he did not think the proposed facility would produce noise or be a disturbance to the surrounding property. He did not think the game room would add to traffic congestion. He said the area is not completely residential,there are commercial establishments also. The Commission discussed with the applicant the number of employees for the facility, his proposed method of policing the area, and the number of parking spaces that would be provided for the tenant space. The Commission indicated they were concerned for the safety of pedestrian and bike traffic in this general area of Maplewood because of the high volume of vehicular traffic. Commissioner Pellish moved the Planning Commission recommend to the City Council a resolution pproval of a resolution denying the Tropicana Game Room on the basis that: 1. Game rooms are not as appropriate to strip commercial areas as in area that,are more largely commercial such as the Mall, where they would not create a nuisance to residential areas. 2. Council has denied other gam rooms adjacent to residential areas because of the nuisance potential. 3. This type of use may have a egative effect on adjacent businesses. 4. Video game rooms have cause roblems in other cities. 5. The added safety and traffic problems generated by this, in view of a lack of sidewalks on Minnehaha and Century and the applicant's indication that a lot of the traffic would be foot and bike oriented. Commissioner Kishel seconded ayes -- Commissioners Axdahl, Barrett, Fischer, Howard, Kishel, Pellish, Sletten, Whitcomb, Hejny, Prew Abstained -- Commissioner Ellefson 4 ,„ __ 1 10. COMMISSION PRESENTATIONS A. November 22 Council meeting B. Commission representative -- Decenber 13 Council meeting Chairman Axdahl indicated he would attend the meeting 11. STAFF PRESENTATIONS 12. ADJOURNMENT Meeting adjourned at 9:20 p.m. 5 12 -6 -82 V: DATE: DECEMBER 20, 1982 TIME: 7:30 P.M. Map / @WOO[ PLACE: 1380 FROST AVENUE Planning ' A „ENDA LOCATION: COUNCIL CHAMBERS Commission 1. Call to Order • 2. Roll Call 3. Approval of Minutes A. December 6, 1982 4. Approval of Agenda • 5. Public Hearings A. Plan Amendment: 2335 Stillwater Road 6. Visitor Presentations '7. Communications 8. New Business A. Special Exception: 1904 Maryknoll (Apman) B. Rezoning and Variances: Eng'ish Street (Nuebel) C. Variance and Lot Division: 2775 Hazelwood (O'Brien) 9. Unfinished Business A. Code Amendment: Special Use Permits 10. Commission Presentations A. December 13 Council meeting B. Commission representat -- December 27 Council Meeting (4:00 p.m.) 11. Staff Presentations 12. Adjournment MINUTES OF THE MAPLEW)OD PLANNING COMMISSION DECEM4ER 20, 1982 7:30 P.M. 1380 FROST AIENUE, NAPLEWOOD, MINNESOTA 1. CALL TO ORDER Chairman Axdahl called the meeting to order at 7:30 p.m. 2. ROLL CALL Commissioner Lester Axdahl Present (Chairman) Commissioner Richard Barrett Present Commissioner Paul Ellefson Present Commissioner Lorraine Fischer Present Commissioner Dorothy Hejny Present Commissioner William Howard Present Commissioner Edward Kishel Absent Commissioner Joseph Pellish Present Commissioner Duane Prew Present Commissioner Ralph Sletten Absent Commissioner David Whitcomb Present 3. APPROVAL OF MINUTES A. December 6, 1982 Correct: Page 3, item d "•.ign" should be "signed" Commissioner Howard moved approval of the minutes of December 1982 as corrected. Commissioner Barrett seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, He ny, Howard, Pellish, Prew, Whitcomb 4. APPROVAL OF AGENDA Commissioner Whitcomb move. approval of the agenda as submitted. Commissioner Hejny seconded Ayes -- Commissioners Axdahl,Barrett, Ellefson, Fischer, Hejny, Howa d, Pellish, Prew, 'Whitcomb 5. PUBLIC HEARING A. Plan Amendment- -2335 Still ater Road Commissioner Prew moved this item be heard on January 17, 1982. Commissioner Howard seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howar•, Pellish, Prew, Whitcomb 12 -20 -82 NN 6. VISITOR PRESENTATIONS 7. COMMUNICATIONS 8. NEW BUSINESS A. Special Exception - -1904 Maryknoll (Apman) Secretary Olson said the applicant is requesting approval to operate a beauty shop in the basement of 1904 Maryknoll Avenue. Staff is recommending approval of the -quest as outlined in their report. The applicant was present .nd indicated she had nothing to add to the report. Mr. Apman indicated there 's parking space for about 8 off - street spaces. Commissioner Prew HI , Pianrig Commission recommend to the Ci t , _Counci 1,. approval of the r sol uti on approving a beauty shop at 1904. Maryknoll Avenue,,. _on .:the . o asi s_ thatjt meets_ ali city code requirements.. Approval is subject to the installation of one, five - pound ABC Fire Extinguisher in the lower level. Commissioner Fischer seconded Ayes -- Commissioners Axdahla Barrett, Ellefson, Fischer, He ny, Howard, Pellish, Prew, Whitcomb. B. Rezoning and Variances -- English Street (Nuebel) Secretary Olson said the applicant is requesting approval of a zone change to R -1, and approval of lot wiith and lot area variances. Staff is recommending approval of bosh requasts. The applicant was not present Commissioner Fischer moved the Plannin Commission recommend to the City Council approval of the r-solution rezoning the subject site from_ BC_to R1 _Approval is based on the =indings that: 1. R -1 zoning would be consist-nt wish the Land Use Plan since single - family dwellings on small lets are permitted. 2. A single dwelling would be onsistent with the adjacent development along English Street. 3. Density requirements as lis ed in the Land Use Plan would not be exeeded. Commissioner Hejny seconded Ayes -- Commissioners Axdahl,' Barrett, Ellefson, Fischer, Hejny, Howard, Pellish, Prew, Whitcomb 12-20-82 Commissioner Fischer moved the Planning Commission recommend to the City Council approval of the resolution nranting a lot width and area variance on the basis that: 1. There is a hardship since the property could not be put to reasonable use if the code requiremerts were strictly enforced. 2. The variance would be in keeping with the spirit and intent of the ordinance. 3. The city has approved comparable lot width and area variances in the past. Commissioner Hejny seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Pellish, Prew, Whitcomb C. Variance and Lot Division - -2775 Hazelwood (O'Brien) Secretary Olson said the applicart is requesting approval of a lot frontage variance to create two single - dwelling lots. Staff is recommending approval of a 60 foot lot frontage variance. The Commission discussed with Secretary Olson the development of property in the neighborhood Mr. O'Brien , said the 85 foot parcel was divided and sold approximately one year ago. He commented on low he thought the property should develop. Parcel #2 lot division was approved it 1978. The mortgage on the p operty was registered, hbwever, a new seed wes not recorded. He is not Proposing to construct a house on the bac< parcel at this time. He is trying, settle his father's estate. If the civision is approved, the 40 foot wide parcel would not be abandoned. Secretary Olson said because of tre approval of the lot division for the northerly 85 foot lot, the 1978 approved lot division would notlhave been approved for recording. Secretary Olson and the Comnission discussed the proposed pondiig and drainage pattern for the area. Mr. O'Brien again requested the Commission give consideration to approving his request. The Commission discussed with Secretary Olson the proposed driveway easement which would service proposed ?arcel #1 and be recorded with the deed for Parcel #2. 3 12 -20 -82 Commissioner Prew molr_e_d tho Plann ommi s sdoa . recommend ,Jo the City _Council of the resolution denying a twenty foot lot frontage variance and lot division to create a 40 by 350 land,to access the large rearlard area at 2775 Hazelwood Avenue on the basis that: 1. When a public street access is pr)vided to the rear portion ofthis property, the city would have no enforceable means of requiring the 40 by 350 foot corridor to be recombined with adjacent property. 2. If not recombined, maintenance problems would likely result. 3. A private driveway easement would serve the same purpose, without the potential of future maintenance problems. 4. The applicant would not be caused an undue hardship that is unique to the circumstances of this property. 5. The access corridor would b2 inconsistent with the spirit and intent of the zoning code and Land Use Plan. Commissioner Pellish seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Hovard, Pellish, Prew, Whitcomb. Commissioner Fischer moved the Plannin• Commission recommend tothe City Council approval of the resolution to approve a stay lot, f.rontage. var an e „aid permit theportion of 2775 Hazelwood west of the easterly 350 feet to be accessed by private driveway easement __,_ subject to the satisfaction of the followin g_ conditions _prior tothe_issuanee of a building permit: 1. The dwelling shall conform with the setback requirements for the future lot shown on map three whici abuts 2775 Hazelwood Avenue to the west or similar lot configuration in the same vicinity to be approved by the Director of Community Development. 2. The front of the dwelling shall be oriented toward the future street in item one. 3. An agreement shall be entered into and recorded to run with the property, requiring the owner of this property to maintain and provide snow plowing in accordance with city specifications, as determined by the city engineer. 4. The farthest part of the dwelling shall not be located more than' 500 feet from the Hazelwood Avenue right -of -way. 5. Prior to an occupancy permit being issued, the driveway shall be constructed to Uniform Fire :ode standards, requiring an all- weather, twelve foot wide, five -ton d ^iveway within 150 feet of the farthest portion of the dwelling. 6. Provide at least a 22 foot wide driveway easement to the rear of 2775 Hazelwood Avenue, with lot division. 7. Recording of a deed restriction with the westerly portion of parcel 4 12 -20 -82 one, stating that "at such time that this property gains frontage to a public street, the driveway easement to Hazelwood Avenue shall be discontinued." Approval is recommended on the basis that: 1. Through conditional approval, all public safety and planning concerns would be complied with, satisfying the spirit and intent of the code and Land Use Plan. 2. Strict enforcement of the Code world constitute an undue hardship because of the uncertainty of whet or if a future street will be constructed to access the rear portion of this property. Commissioner Hejny seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Pellish, Prew, Whitcomb. 9. UNFINISHED BUSINESS A. Code amendment -- Special Use Permits Secretary Olson said the Planning Commission previously reviewed this item. It is to establish specific criteria for special use permits. The Commission discussed tha possible establishment of a mobile home zoning district _to provide for the parks. They suggested the elimination of mobile home parks from the special use permit not be done, until', they are provided for. Commissioner Fischer moved that nimber 4 be added to the ordinance permitting mobile home parks by conditional use permits Commissioner Ellefson seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Pellish, Prew, Whitcomb The Commission discussed the definition of PUD and possibly establishing a PUD zoning district. They also reviewed the application procedures and the criteria for approval of a permit. The Commission suggested tie following changes to the proposed ordinance: Page 4, Sec. 36 -440, line 3, eliminate "by him ". Page 5, Sec. 36 -442 (b) (1), line 1, eliminate "Update" Page 5, Sec. 36 -440, last paragraph, "The application shall be considered as being officially submitted when it meets the requirements of the Director of Community Development." Page 5, Section 36 -442 (b) (3), line 2,. eliminate "existing or intended ". Page 6, Section 36 -442 (d), line 3, change "shall" to "may ". Page 7, Section 36 -442 (h), line 1, change "renewal" to "reconsideration ". 11 Commissioner Whitcomb moved the Planning Commission forward the proposed ordinance amendment to the city council for approval as amended by the Commission. Commissioner Fischer seconded Ayes -- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Pellish, Prew, Whitcomb 10. COMMISSION PRESENTATIONS A. December 13 Council meeting B. Commission representative -- December 27 Council Meeting (4:00 p.m.) 11. STAFF PRESENTATIONS Staff informed the Commission of the status of the Soo Line railway abandonment. 12. ADOURNMENT Meeting adjourned at 9:45 p.m.