HomeMy WebLinkAbout01/27/1998BOOK
AGENDA
MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD
January 27, 1998
6:00 P.M.
*Maplewood Room
Maplewood City Hall
1830 East County Road B
1. Call to Order
2. Roll Call
3. Approval of Minutes - November 25, 1997
4. Approval of Agenda
5. Unfinished Business
a. St. Jo'hn's Hospital Landscape Plan, 1575 Beam Avenue - HealthEast, Inc.
6. Design Review
a. Convenience Store/Fuel Station, Northeast Corner of Highway 61 and County
Road C- Ali Delavari
b. 1997 CDRBAnnual Report
c. Election of CDRB Chair and Vice Chair for 1998
7. Visitor PresentatiOns
8. Board Presentations
9. Staff Presentations
a. CDRB Volunteers for February 9 and February 23 City Council Meetings
b. Meeting Cancellation/Rescheduling: February 24
10. Adjourn
p:~.,om_dvpt\cdrb.agd
*PLEASE NOTE THE MEETING ROOM CHANGE.
WELCOME TO THIS MEETING OF THE
COMMUNITY DESIGN REVIEW BOARD
This outline has been prepared to explain the review process of this meeting. The
review of an item usually follows this format.
1. The chairperson of the meeting will announce the item to be reviewed.
The chairperson will ask the applicant or developer of the project up to the podium
to respond to the staff's recommendation regarding the proposal. The Community
Design Review Board will then discuss the proposed project with the applicant.
The chairperson will then ask the audience if there is anyone present who wishes
to comment on the proposal.
After everyone is the audience wishing to speak has given his or her comments,
the chairperson will close the public discussion portion of the meeting.
5. The Board will then discuss the proposal. No further public comments are allowed.
6. The Board will then make its recommendations or decision.
Most decisions by the Board are final, unless appealed to the City Council. You
must notify the City staff in writing within 15 days to register an appeal.
jw\forms~:lrb.agd
Revised: 11-09-94
MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD
1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA
NOVEMBER 25, 1997
CALL TO ORDER
Chairperson Erickson called the meeting to order at 6 p.m.
II. ROLL CALL
Marvin Erickson Present
Marie Robinson Present
Ananth Shankar Present
Tim Johnson Present
Matt Ledvina Present
III. APPROVAL OF MINUTES
IV.
Boardmember Robinson moved approval of the minutes of October 28, 1997, as submitted.
VI.
Boardmember Johnson seconded.
Ayes--all
Boardmember Shankar seconded.
The motion passed.
UNFINISHED BUSINESS
There was no unfinished business.
DESIGN REVIEW
A.
Ayes--all
Forest Lawn Memorial Park Addition--1800 Edgerton Street
Don Rundquist, manager of Forest Lawn, was present to discuss the proposal. Mr. Rundquist
stated that he was in agreement with the staff recommendation. He said his architect was
working on revising the building elevations to substitute the proposed metal-shingle siding
with white stucco. He said the stucco would blend in with the stone of the mausoleum and be
compatible. Secretary Ekstrand stated that he found the stucco to be a good alternative to
the metal. The board discussed the project with the applicant.
Boardmember Robinson moved the Community Design Review Board:
Bo
Approve the site and landscape plans (date-stamped October 22, 1997) for the crematory
addition at Forest Lawn Memorial Park, 1800 Edgerton Street. Approval is based on the
findings required by the code and subject to the property owner doing the following:
The motion passed.
APPROVAL OF AGENDA
Boardmember Johnsor{ moved approval of the agenda as submitted.
Community Design Review Board -2-
Minutes of 11-25-97
1. Repeat this review in two years if the city has not issued a building permit for this
project.
2. Before getting a building permit, the applicant shall:
Submit a grading, drainage, utility and erosion control plan to the city engineer for
approval before obtaining a building permit. The erosion control plan shall be
meet all ordinance requirements.
b. Revise the building elevations for staff approval substituting the metal-shingle
siding with white stucco to match the mausoleum.
3. Paint all roof-top mechanical equipment if placed on the addition. The color shall
match the building color. Screening is not required.
4. Keep the lawn and plantings around the proposed addition watered. Based on Forest
Lawn's lawn maintenance practices, there is no need for in-ground lawn irrigation.
5. If any required work is not done, the city may allow temporary occupancy if:
a. The city determines that the work is not essential to the public health, safety or
welfare.
The city receives a cash escrow or an irrevocable letter of credit for the required
work. The amount shall be 200 percent of the cost of the unfinished work. Any
unfinished landscaping shall be completed by June 1 if the building is occupied in
the winter or within six weeks of occupancy if the building is occupied in the
spring or summer.
c. The city receives an agreement that will allow the city to complete any unfinished
work.
6. All work shall follow the approved plans. The director of community development may
approve minor changes.
Boardmember Johnson seconded.
Ayes--all
The motion passed.
B. Signage as a Design Element--Discussion
Secretary Ekstrand stated that he reviewed this issue and came up with a list of pros and
cons on the subject. The cons outweighed the pros. Boardmember Ledvina stated his
concern that the CDRB should have the authority to require signage changes based on
aesthetics and better design. The board members discussed this further with some members
finding the code to be proper as it is.
Community Design Review Board
Minutes of 11-25-97
-3-
Boardmember Ledvina moved the Community Design Review Board take no action on
pursuing a code change to give them authority to review signs as a design element during
project reviews.
Boardmember Johnson seconded.
The motion passed.
VII. VISITOR PRESENTATIONS
VIII.
There were no visitor presentations.
BOARD PRESENTATIONS
Ayesmall
Boardmember Robinson discussed the outcome of the November 24 city council meeting which
she attended regarding the appeal of Buck's Furniture.
Boardmember Ledvina reported on the city council meeting he attended on November 10 to
discuss the Freedom Convenience Center.
IX. STAFF PRESENTATIONS
A. CDRB Volunteers for December 8 and 22 City Council Meetings: Mr. Ledvina will attend the
December 8 meeting. Mr. Shankar will attend the December 22 meeting.
B. December 23 CDRB Meeting--Cancel Meeting Due to Holiday
C. Boardmember Ledvina reported to the board that he has applied for a seat on the planning
commission and will be interviewed by the city council on December 8.
X. ADJOURNMENT
The meeting adjourned at 7:03 p.m.
MEMORANDUM
TO:
FROM:
SUBJECT:
LOCATION:
DATE:
City Manager
Thomas Ekstrand, Associate Planner
Landscape Plan - St. John's Hospital Renovation/Expansion Project
1575 Beam Avenue
January 6, 1998
INTRODUCTION
Ronald Cannamore, of OSM Associates, Inc., is requesting approval of the landscape plan for
St. John's Hospital. Refer to the maps on pages 3--5 and the enclosed landscape plan
(separate attachment).
BACKGROUND
May 12, 1997: The city council approved the following for the St. John's Hospital expansion:
1. A 25-foot front setback variance for that part of the proposed parking deck that would be
closer than 30 feet to the Hazelwood Street right-of-way.
2. A 10-foot front setback variance for an open parking lot. The code requires 15 feet. This
parking lot would be five feet from the Hazelwood Street right-of-way.
3. A conditional use permit (CUP) revision for the hospital expansion.
4. Approval of site and building design plans.
July 15, 1997: The community design review board (CDRB) approved design revisions for the
parking deck.
November 10, 1997: The city council approved a plan revision for the Medical Specialty Center
at St. John's Hospital to be a stand-alone building and not an addition to the hospital.
DISCUSSION
The proposed plan shows seed in the large green area between the north parking lot and
Hazelwood Street. Mr. Cannamore has agreed to add sod along Hazelwood Street and on the
north side of St. John's Boulevard.
The oval-shaped green area in the middle of the circular drive is planned for sod at this time.
Mr. Cannamore has stated that HealthEast is considering this area for a fountain in the future.
The applicant is showing a future pathway on the west side of the parking deck. Staff has no
objection to this. The applicant, however, should present the final plan for this path to staff for
comment and approval prior to installation.
RECOMMENDATION
Approve the landscape plan date-stamped December 17, 1997 for St. John's Hospital,
1575 Beam Avenue, subject to the property owner making the following changes:
1. Revise the plan to show sod on the Hazelwood Street boulevard and on the first 20 feet of
the site. The plan shall also show sod along the north side of St. John's Boulevard. The
width of this sod strip shall be at least 30 feet.
2. Revise the plan to show additional Austrian Pines along the Hazelwood Street frontage to
help break up the large expanse of grass north of St. John's Boulevard. The applicant shall
submit this revision to Staff for approval.
3. The addition of a trail on the west side of the parking deck shall be subject to staff approval.
This trail shall be bituminous or concrete.
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Attachments:
1. Location Map
2. Property Line/Zoning Map
3. Site/Landscape Plan
Attachment 1
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LOCATION MAP
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ST. JOHN'S HOSPITAL
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Attacbnent 3
SITE I LANDSCAPE PLAN'
MEMORANDUM
TO:
FROM:
SUBJECT:
LOCATION:
APPLICANT:
DATE:
City Manager
Thomas Ekstrand, Associate Planner
Variances, Conditional Use Permit, Parking Space Reduction and
Design Review- Delavari Convenience Store
Northeast Corner of Highway 61 and County Road C
Ali Delavari
January 15, 1998
INTRODUCTION
Project Description
Ben Taheri, of Taheri Architects, is proposing to build a 2,992-square-foot convenience store
with a car wash and fuel sales at the northeast corner of Highway 61 and County Road C. Refer
to the maps on pages 11-12. There would be five fuel dispensers--ten cars could fuel-up at a
time. Access to the site would be from the frontage road. Refer to the site plan on page 13.
The proposed one-story building would have an exterior of brick with limestone and ceramic tile
accents.
This property includes a 10,311-square-foot strip of land on the east side of the frontage road.
The applicant does not propose to disturb this strip. He would leave it as a buffer for the house
to the east.
Requests
The applicant is requesting approval of the following:
1. Variances to:
a. Build a major motor fuel station closer than 350 feet to a residentially-planned property
line. The nearest residentially-planned lot is 235 feet to the west across Highway 61.
b. Provide less than the required 15-foot parking lot setback for the northerly parking stalls
from the highway right-of-way line. The northwest corner of the parking lot encroaches
three feet into the required setback area providing only a 12-foot setback.
2. Conditional use permits to:
a. Build a fuel station and car wash. The code requires a CUP for all fuel stations.
b. Extend the hours of operation to 24 hours a day. The code requires a CUP to extend
the hours beyond 6 a.m. to 11 p.m.
3. A parking-reduction authorization to have four fewer parking spaces than the code requires.
The code requires 15 striped parking spaces--the applicant proposes eleven.
4. Approval of site, landscape and architectural plans.
Refer to the applicant's letter on pages 14-19 for these requests.
BACKGROUND
January 5, 1998: The planning commission reviewed this request and recommended that the
city council:
1. Deny the CUP for a fuel station and car wash.
2. Deny the CUP to extend the hours of operation to 24 hours.
3. Deny the parking-space reduction.
The planning commission took no action on the variance to build a fuel station within 350 feet of
a residential district since they did not recommend approval of the CUP. They also took no
action on the parking lot setback variance and the plan review.
DISCUSSION
Variances
Proximity to a Residential District
The intent of the 350-foot separation is to buffer residentially-planned property from motor fuel
stations. In this case, it only applies to the residential property across Highway 61. Staff has no
concern about the proximity of the proposed fuel station to this undeveloped highway-frontage
property. There would be no negative impact on this land.
The proposed fuel station would be about 200 feet from the nearest homes to the east and
south. These homes, however, are on land planned and zoned for M-1 (light manufacturing).
Because of the M-1 zoning, the code does not require a (:;UP for the proximity to these homes.
The city council should consider methods like hours of operation, screening and light-glare
control to protect these nearby residents from disturbances.
The code also requires that the fuel-tank vents be at least 200 feet away from any lot with a
dwelling. This will require the applicant to place the vent stacks on the west side of the pumps.
The code, however, states that the council may approve a lesser setback if the developer can
prove that the topography, or existing or proposed buildings, will prevent fumes from reaching a
residential lot line.
Reduced Parkin.q Lot Setback
Staff does not have any objection to the three-foot parking lot setback reduction. Only a small
corner of the parking lot would encroach into the 15-foot setback area. The highway boulevard
is also 52 feet wide. A reduced setback would not be noticeable with such a wide boulevard.
Conditional Use Permit
The proposed convenience store with fuel sales would be appropriate for this highway-frontage
location. If the nearby homes to the east and south were on land zoned residential, staff would
not recommend approval of the CUP. The fact, though, that they are zoned and planned M-1
indicates the city's goal for commercial or industrial development in this area. The main concern
is protecting the nearby homes from light and noise nuisances during bedtime hours. Staff will
recommend that the developer provide a detailed lighting plan showing lights that are the least
obtrusive to the neighbors.
The best way to prevent late night nuisances is to limit the closing time to those specified by
codc$ a.m. to 11 p.m. The applicant is requesting a CUP to be allowed to be open for 24
hours a day. Staff would support this if there were no nearby residents. The council can
approve longer or shorter hours is they wish according to the ordinance.
Parking-Space Reduction
Fuel-station convenience stores do not need as many parking spaces as a convenience store by
itself. Most of the customers would come to this facility for fuel. If they wanted to shop inside
the store, their cars would already be at thepumps and not in one of the striped spaces. Last
March, the city council approved a parking space reduction for Super America at 11 Century
Avenue. The council allowed 11 spaces when code would have required 15 (the same as this
request).
To comply with the parking code, the site plan must be revised to eliminate two parking spaces
in front of the attendants' window. This is to provide a clear view of the pumps for monitoring
fuel pump operations. Eliminating these spaces would reduce the number of parking spaces to
nine rather than eleven. Staff does not feel that this reduction to nine would be a problem. If it
is, the applicant could provide more spaces. The most logical place to add them would be along
the west lot line in the setback area. The highway boulevard is very wide so a setback reduction
to park in this area would not be evident. The council could evaluate the parking need during
periodic reviews of the CUP. The council should require a CUP condition that the property
owner add parking spaces if a shortage develops.
Traffic
Several neighbors are concerned that this project will increase the traffic on County Road C and
cause excessive traffic congestion at the highway intersection. According to Dan Solar, the
Ramsey County Traffic Engineer, County Road C presently carries 6,700 vehicle trips per day on
the stretch between Highway 61 and Hazelwood Street. Mr. Solar said that the recently
upgraded County Road C is able to handle any traffic increase that may result from the
proposed store. Mr. Solar also stated that the highway intersection is fully able to handle any
traffic increase resulting from this facility. He stated that fuel station/convenience stores do not
generate much additional traffic. They primarily draw from the existing traffic that is already
there. Staff agrees and does not feel that there will be a substantial traffic increase that would
impact the neighborhood.
The planning commission questioned the current traffic accident count at County Road C and
Highway 61. Since January 1, 1996, according to Chief Ryan, there have been two accidents in
this neighborhood. This count includes all streets in the vicinity of the Highway 61 and County
Road C intersection.
Building Design
The building would be attractive and constructed of quality materials~rick with limestone and
tile accents.
3
Landscaping
My main concern is that the applicant provide screening for the homes to the south and east. To
accomplish this, the applicant has proposed nine evergreen trees along the southeast corner of
the site.
Site Lights
Commercial lights are often a source of complaint from nearby homeowners. Staff, therefore,
would like to see a lighting plan that shows the type of fixtures proposed before a building permit
is issued. This plan also should show the light spread and foot candle rating. The goal is to
have lights that do not have visible bulbs or lenses and that do not shine beyond the bounds of
the site.
Site Plan Concerns
In addition to the issues already discussed above about the number of parking spaces and the
fuel-tank vent setback, staff also has these additional concerns. The northerly access into the
site is shown at 20 feet wide. The city's minimum dimension for two-way traffic is 24 feet. This
curb cut should be widened to 24 feet. The handicap space should measure eight feet in width
with an adjacent eight-foot-wide loading aisle, not ten feet and five feet as the plan shows.
Staff also feels that the applicant should delete the westerly fuel island. This island and fuel
dispenser are close to the edge of the parking lot and would restrict traffic flow west of the
island. We typically require a 24-foot-wide drive isle for two-way traffic. With a car parked at the
pumps, there would be only 10 feet. Removal of this pump island would improve traffic
circulation. The fuel tanks should also be placed so that the tankers do not conflict with traffic
flow or parking spaces when they are dispensing fuel.
Shoreland O~inance
The planning commission raised a question about compliance with the land coverage
requirements in the shoreland ordinance. The ordinance allows the developer to cover
50 percent of their land if they provide an on-site method for reducing storm water flow or
provide for the treatment of runoff. The applicant has proposed a holding pond at the north end
of the site to satisfy this requirement.
The ordinance also states that the impervious surface area limits shall be determined using the
total developable area of the parcel (above the ordinary high water level and suitable for
development), exclusive of streets and sidewalks. The planning commission felt that the
40-foot-wide strip of land east of the frontage road is not developable due to setback constraints
and, therefore, should not be considered part of the site. Staff has taken a different
interpretation in that the Udevelopable area" constraint refers to land that is undevelopable
because it is below the ordinary high water level and, consequently, undevelopable. All lots
have portions that could be deemed undevelopable because of setback requirements. Staff
does not believe this is the intent of the ordinance.
The city should not permit this 40-foot strip to be split away from the main parcel unless the land
coverage requirements of the shoreland ordinance would continue to be met.
RECOMMENDATIONS
Ao
Adopt the resolution on pages 21-22 approving a variance to build a major motor fuel station
and car wash 235 feet from residentially-planned property (the code requires 350 feet) and to
build a parking lot with a twelve-foot setback from the Highway 61 right-of-way line (the code
requires 15 feet). These variances are based on the following findings:
Compliance with the ordinance would cause the developer undue hardship because the
residential property that is closer than 350 feet away is undeveloped highway-frontage
property. There would be no negative impact on this residentially-zoned land,
2. Approval of the variance would be in keeping with the spirit and intent of the ordinance
since it would not negatively affect the residentially-planned property.
3. The proposed site is buffered from the residentially-planned land by Highway 61.
Meeting the setback ordinance would cause the developer undue hardship because of
the unusually narrow shape of the site at its north end. This narrow site limits
compliance with the city's setback ordinance.
o
The spirit and intent of the code would be met because the highway boulevard is
exceptionally wide. The three-foot setback encroachment by a corner of the parking lot
would not be noticeable.
Bo
Adopt the resolution on pages 23-24 approving a conditional use permit to build a fuel
station and car wash at the northeast corner of Highway 61 and County Road C. Approval is
based on the findings required by the ordinance and subject to the following conditions:
1. All construction shall follow the site plan approved by the city. The director of community
development may approve minor changes.
The proposed construction must be substantially started within one year of council
approval or the permit shall become null and void. The council may extend this deadline
for one year.
3. The city council shall review this permit in one year.
The convenience store, fuel sales and car wash shall not open before 6 a.m. nor be
open after 11 p.m. as required by code. The council may permit different hours of
operation by amending this permit.
The city council may require additional parking spaces in the future if a parking shortage
develops. This may require a setback variance from the city council.
The city shall not allow a Iot'division to occur that would separate the 40-foot-wide portion
of this site from the main part unless the shoreland ordinance would continue to be met.
5
Do
Eo
Deny a conditional use permit to extend the hours of operation for the proposed convenience
store, car wash and fuel station to 24 hours a day. The city finds that a 24-hour operation at
this location would be too disturbing to the nearby residents because of noise, commotion
and light glare.
Approve a parking-space reduction to allow nine parking spaces (six fewer than the code
requires). Approval is because:
1. Most of the customers that would be in the store are fuel customers who would leave
their cars at the pump islands.
2. There is room to add parking spaces along the west side of the site if more are needed.
The city council may require additional parking spaces in the future if a parking shortage
develops. This may require a setback variance from the city council.
Approve the plans and building elevations date-stamped December 22, 1997, for the
proposed convenience store, car wash and fuel station at the northeast corner of Highway
61 and County Road C. The owner shall do the following:
1. Repeat this review in two years if the city has not issued a building permit for this
project.
2. Submit the following for staff approval before the city issues a building permit:
a. Grading, drainage, utility and erosion control plans.
b. A revised site plan showing:
(1) A handicap-parking space that is eight feet wide with an adjacent eight-foot-wide
loading space.
(2) Elimination of two parking spaces in front of the attendants' window. This area
shall be cross-hatched and marked for no parking.
(3) Widening the northerly curb cut to 24 feet.
(4) The location of the fuel tanks and fuel-tank vent stacks. The tanks must be
placed so the tankers do not obstruct traffic flow or parking spaces. The vents
must be at least 200 feet from any lot with a house on it.
(5) Deletion of the westerly fuel pump island and dispenser.
c. A detailed lighting plan showing site lights that are aimed away from the nearby
residents or properly shielded from the residents so there is no light-glare nuisance.
d. A plan showing the screening of roof-top mechanical equipment from the homes to
the east and west if the roof design does not provide adequate screening.
3. Complete the following before occupying the building:
a. Restore and sod damaged boulevards.
b. Install a handicap-parking sign for the handicap-parking space.
c. Paint all rooftop mechanical equipment, stacks and vents to match the uppermost
part of the building. Roof-top equipment must be screened from view from the
homes to the south and east if the roof design does not provide adequate screening.
d. Install and maintain an in-ground sprinkler system for all landscaped areas.
e. Post "no parking" signs in front of the building in the required pump-viewing area.
This area shall also be cross hatched for no parking.
f. Stripe all parking spaces at a width of ten feet, except for the handicap space. The
handicap parking space must be eight feet wide with an adjacent eight-foot-wide
loading space.
4. If any required work is not done, the city may allow temporary occupancy if:
a. The city determines that the work is not essential to the public health, safety or
welfare.
b. The city receives cash escrow or an irrevocable letter of credit for the required work.
The amount shall be 200 percent of the cost of the unfinished work. Any unfinished
landscaping shall be completed by June 1 if the building is occupied in the fall or
winter or within six weeks of occupancy if the building is occupied in the spring or
summer.
c. The city receives an agreement that will allow the city to complete any unfinished
work.
5. Equip the car wash with a noise reduction package and keep the southerly door closed
while car washing and drying equipment is operating.
6. See that the external speakers do not exceed the noise standards set by the Minnesota
Pollution Control Agency.
7. All work shall follow the approved plans. The director of community development may
approve minor changes.
CITIZENS' COMMENTS
I surveyed the 25 property owners within 350 feet of this site. Of the 15 replies, seven were in
favor and eight objected.
In Favor
1. It would be a good thing for the neighborhood. (Bartlet, Dons Body Shop)
2. Ideal location. (Jerden, 2672 Maplewood Drive)
3. It would be a close place to fuel our trucks and may help bring customers to our business.
(Warner Holdings, Inc., 2688 Maplewood Drive)
4. It is well needed at this location. It will also slow down the fast traffic on Highway 61.
(Owner, 2617 Duluth Street)
5. A touchless car wash would be nice. (Leonard, 2627 Duluth Street)
I am in favor of the convenience of a gas facility on 61 vs. only White Bear Avenue, provided
property values for surrounding home owners do not decrease and/or property taxes
increase. (Bertelsen, 2631 Duluth Street)
7. In favor. (Kline, Kline Auto World)
8. In favor. It would be great. (Gene Corby)
Opposed
1. Too much traffic on C now. This would also lower value of my house. Build homes, not
businesses. (Pitt, 1237 County Road C)
2. There is too much traffic on County Road C now. We don't need an added increase.
(Langness, 1227 County Road C)
I question whether the size of the lot is large enough. Also, the traffic problem will increase.
Perhaps a business with less auto/truck traffic requirements would be better. A professional
building or small office building would be preferred. (Lakeview Lutheran Church, 1194
County Road C)
This proposal would cause more traffic congestion to an already busy area. We don't need
more shopping areas! Please leave this property as is--as a much needed buffer zone from
the noise and pollution of busy Highway 61. (Fenlon, 1216 County Road C)
5. It would increase traffic on our streets and cause congestion at the corner of 61 and C.
(Meehan, 2625 Duluth Street)
8
I feel it would pose a traffic safety hazard, so close to a frontage road, major highway and
intersection. I have convenience one half mile in any direction right now. Thank you.
(Primus, 2694 Maplewood Drive)
7. Refer to the letter on page 20 from Ralph Munchow, 1210 County Road C.
REFERENCE INFORMATION
SITE DESCRIPTION
Site size: 33,708 square feet (proposed site) with 10,311 square feet east of the frontage road
to be left undeveloped. Total land area is 44,019 square feet (one acre).
Existing land use: Undeveloped
SURROUNDING LAND USES
North: Highway 61
South: County Road C and Lakeview Lutheran Church
West: Highway 61. West of the highway is undeveloped property
East: Frontage road and single dwellings
PLANNING
Land Use Plan designation: M-1
Zoning: M-1
Code Requirements
Section 36-151(b)(9)(c) does not allow motor fuel stations within 350 feet of a residential lot line.
Section 36-187(b) states that no building or exterior use, except parking, may by erected, altered
or conducted within 350 feet of a residential district without a CUP.
Section 36-151(b)(9)(j) states that no motor fuel station or maintenance garage within 350 feet of
a residential lot line shall be open to the public between the hours of 11 p.m. and 6 a.m. The city
council may allow or require different hOurs of operation as part of the approval process of a
conditional use permit for maintenance garages and motor fuel stations.
Section 26-22(a)(9) requires that a motor fuel station have four parking spaces plus one for each
200 square feet of floor space for the store. (We consider the spaces at the pumps to serve as
the first four spaces.)
Section 36-28(c)(5)(a) requires that parking lots have a 15-foot setback from a street
right-of-way line.
Criteria for Variance Approval
State law requires that the City Council make the following findings to approve a variance from
the zoning code:
1. Strict enforcement would cause undue hardship because of circumstances unique to the
property under consideration.
2. The variance would be in keeping with the spirit and intent of the ordinance.
"Undue hardship", as used in granting of a variance, means the property in question cannot be
put to a reasonable use if used under conditions allowed by the official controls. The plight of the
landowner is due to circumstances unique to his property, not created by the landowner, and the
variance, if granted, will not alter the essential character of the locality. Economic considerations
alone shall not constitute an undue hardship if reasonable use for the property exists under the
terms of the ordinance.
Criteria for CUP Approval
Section 36-442(a) states that the city council may grant a CUP, subject to the nine standards for
approval. Refer to the resolution on pages 23-24.
p:sec4\delavari.2
Attachments:
1. Location Map
2. Property Line/Zoning Map
3. Site Plan
4. Applicant's letter dated December 2, 1997
5. Letter from Ralph Munchow
6. Variance Resolution
7. CUP Resolution
8. Plans date-stamped December 22, 1997 (separate attachment)
3.0
Attachment 1
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Attachment 3
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SITE PLAN
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Attachment 4
December 2, 1997
Delavari Convenience Store
Northeast of the Intersection between Highway 61 and County Road C
Maplewood, MN
By:
Ali Delavari
1473 Woodland Avenue
Roseville, Minnesota 55113
REQUESTS
The following item is requested for approval:
1. Conditional Use Permit to allow for the development of a motor fuel station on a 1.01 acre parcel,
that is zoned M1 - Light Industrial. Inherent in this request is an extension of operation hours to
allow the tenant to operate 24 hours.
2. A variance request to reduce the required project setback from adjacent residential lot lines from the
required 350 feet to 90 feet on the west, plus the width of Highway 61.
3. A variance request to reduce the required landscape setback along residentially-zoned property from
15 feet to 12 feet on the northwest edge of the property.
4. Council approval to decrease the total amount of required parking from 15 to 11 stalls,
acknowledging that the motor fuel station and convenience store are one entity.
5. Site Plan approval for a 2,992 square foot convenience store/motor fuel station and a 786.60 car wash
on a 1.01-acre parcel.
Following approval of the site configuration and design plans, a building permit application will be
submitted to the City of Maplewood.
PROJECT DESCRIPTION
The project consists of developing a 1.01-acre parcel located on the northeast comer of the intersection of
Highway 61 and County Road C along Maplewood Drive.
The proposed site development provides a tasteful and appropriate use for this triangular-shaped parcel,
which is divided into two parcels by Maplewood Drive. The proposed site design maximizes site
orientation from right-of-ways, insures safe and orderly traffic flow and is respectful of adjacent
residential areas and Kohlman Lake. Extensive landscaping and berming will be used to screen the
parking facilities and provide an attractive boundary for the development.
14
SUBMITTAL PACKAGE
Attached with this narrative are seven plan sheets, which identify the location, existing conditions, site
layout, grading, utilities and landscaping for the proposed development. The attached sheets include the
following:
Sheet C-l:
Sheet C-2:
Sheet A-l:
Sheet A-2:
Sheet A-3:
Sheet A-4:
Sheet A-5:
Sheet A-6:
Existing Conditions
Preliminary Grading, Drainage and Erosion Control Plan
Preliminary Site Layout Plan
Preliminary Landscape Plan
Preliminary Planting Plan
Preliminary Floor Plan
Front and Rear Elevations
Side Elevations
SITE DESCRIPTION
This vacant site lies northeast of the intersection of Highway 61 and County Road C, in Maplewood. The
site is accessible from the east via Maplewood Drive, referred to as the service road for Highway 61. Site
Area "A," located to the east of Maplewood Drive should be maintained within this property.
Adjacent Property
Although zoned M1 - Light Industrial, the property to the east of the site, on the opposite side of
Maplewood Drive, consists of residential dwellings. The property across County Road C, to the south of
the site, is vacant and zoned M1 - Light Industrial. The northern and western boundaries of the site are
formed by Highway 61.
Kohlman Lake, classified as a Class VI recreational lake by the DNR, is located to the north across
Highway 61. To the west of the site, also separated by Highway 61, is a vacant site, which is zoned for
residential development. Any impact from this development to the natural environment and undeveloped
residential property is unlikely due to the existing physical barrier created by Highway 61.
DEVELOPMENT STANDARDS
This proposed development conforms to M-1 Light Industrial zoning district's standards and is consistent
with its proximity along Highway 61. Careful consideration has been given to ordinances pertaining to
landscaping and surface area coverages. All of the parking and service drive areas will have a bituminous
surface with B612 concrete curbs and gutters.
HKS ASSOCIATES, INC.
Page 2
Preliminary Site Plan Submittal
December 2, 1997
for Ali Delavari
Site Design
Many factors were considered to create a functional and aesthetically pleasing development. Principal
access to the site is available via Maplewood Drive. On-site accessibility has been well organized to
manage traffic flow to and fi.om fueling service lanes and to the south of the building around the car wash.
The proposed site improvements for the development of a 2,992 square foot motor fuel
station/convenience store with canopy and gasoline service lanes adheres to the findings established for
conditional use by City ordinance. The setback of the overhead canopy complies with the fifteen-foot
setback required fi.om adjacent right-of-ways. The location of this development within the 350-foot
setback from adjacent residential lot lines and the requested hours of operation will be addressed in
greater detail later in this narrative. No repair, assembly or maintenance of vehicles will occur on this
site. Any noise generated from the site from operations and external speakers will adhere with Minnesota
Pollution Control standards. Furthermore, all fueling structures will be designed to comply with
standards set forth by the State Fire Marshal's office, the Minnesota Statutes and the U.S. Environmental
Protection Agency (EPA) concerning installation, leak detection equipment and the location of ventilation
systems beyond 200 feet from the adjacent residential lot line.
A 786.60 square foot car wash is attached to the east wall of the convenience store/motor fuel station.
This facility will be equipped with a drainage system which meets City engineer standards to insure that
water does not drain onto any of the adjacent public right-of-ways. Stacking space exists for at least four
vehicles.
The proposed site is in compliance with the maximum allowable impervious surface area as required by
the shoreland ordinance. Due to presence of an on-site stormwater detention pond at the northern comer
of the site, the maximum allowable impervious surface coverage area increases to 50%. This site
currently has an impervious coverage of 47%. A pylon sign is proposed along the western border of the
site. This sign will comply with City specifications concerning required design and dimensions.
Extensive berms and landscaping will be developed along the east and west side of the property to screen
fuel dispenser islands, parking areas and drives from residential lot lines.
The proposed parking computations are based on precedent established by the City in dealing with prior
development approvals, in which the fueling stations will be allowed to serve as temporary parking
facilities for clients. The typical client will access this site with the intent of purchasing fuel. As such,
their vehicles will most likely remain at a fueling station while they enter the convenience store to arrange
payment and perhaps purchase a few additional items prior to leaving the site.
CONDITIONAL USE PERMIT
The proposed development of a motor fuel station/convenience store and car wash is consistent with the
comprehensive plan designation set forth by the City of Maplewood. The proposed use will enhance the
existing and planned character of the surrounding area. Site improvements will consist of an
intensification of berming and landscaping along the all frontages of the property. Site Area "A", to the
east of Maplewood Drive will provide 10,309.00 square feet of green space to screen the development
from the neighboring residential dwellings. The proposed site improvements, on what is presently a
highly visible vacant lot, will enhance surrounding property values. Traffic generation will be
concentrated on Maplewood Drive, which is considered the frontage road for Highway 61. No access is
requested along County Road C or Highway 61. Adequate public facilities and services will be made
HKS ASSOCIATES, INC.
Page 3
Preliminary Site Plan Submittal
December 2, 1997
16
for Ali Delavari
available to this site with no additional costs anticipated for public infrastructure. Effects to the
surrounding environment have been minimized with the inclusion of an on-site stormwater detention
pond at the northern corner of the site. The client proposes to operate 24-hours and will comply with City
suggestions concerning the delivery time of gasoline and other materials so as to minimize disturbance to
area residents.
VARIANCE REQUESTS
Due to the location of this triangular-shaped property between three right-of-ways, a strict enforcement of
City ordinances would render this property unusable. Such a burden would cause undue hardship on the
property owner.
The variance requests included within this preliminary submittal will not jeopardize the essential
character of the area, nor the spirit and intent of the ordinance. As mentioned earlier, the landscaping and
further site improvements created by this development will help to improve the image and value of this
corridor.
A variance request to reduce the required project setback from adjacent land intended or used for
residential developments from the requirement of 350 feet to 90 feet, plus the width of Highway 61,
on the west.
The encroachment within the 350 feet setback from the residential area to the west of the proposed site is
mitigated by the presence of Highway 61. This large physical barrier serves to separate both uses. To the
east, extensive berming and landscaping will enhance the 10,309 square foot parcel along the east-side of
Maplewood Drive. This will create an attractive screen to further separate the abutting residential
dwellings from the proposed development on the west-side of Maplewood Drive.
2. A variance request to reduce the required landscape setback along residentially zoned property from
15 feet to 12 feet on the northwest edge of the property.
Due to the physical constraints of the land and the division of the parcel by Maplewood Drive, slight
infringements of setbacks were necessary to allow for sufficient parking facilities and for the placement
of an on-site stormwater detention pond in the northern corner of the site. The western boundary of the
site is divided by Highway 61. This requested reduction in the landscaping setback will not infringe on
future residential development across Highway 61.
3. A variance to decrease the total amount of required parking from 15 to 11 stalls, acknowledging that
the motor fuel station and convenience store are one entity.
The requirement of four stalls to service the motor fuel station is included within the required parking for
the convenience store. Additional parking needs are met with the existence of 10 service stalls. Clients
regularly utilize these spaces to complete payment of gasoline and quick purchases.
HKS ASSOCIATES, INC.
December 2, 1997
Page 4
Preliminary Site Plan Submittal
for Ali Delavari
ARCHITECTURAL DESIGN
The exterior building fagade includes a handsome tan colored stucco canopy with a decorative neon light
fixture band. In addition, the canopy has continuous reveals around all four sides of the building, which
reinforces the all around finished design. Each elevation is comprised of a dark pink or red colored face
brick with a continuous ceramic tile accent band at the top of the windows. The building also has a dark
bronze aluminum storefront window and door system with bronze tinted glazing. The horizontal pattern
of the fagade treatment is reinforced with the continuous limestone band at 4 feet above the ground. This
is accented by forest green individual pyramid ceramic tile as shown on the building elevations.
UTILITIES/GRADING
Watermain
An existing 16" watermain is located in County Road C. A 6" watermain will be constructed to serve the
building and car wash. The proposed watermain be connected the existing 16" watermain. An existing
11/2" water service stub extends to the property line and is located on the western portion of the site along
County Road C.
An existing fire hydrant is located on the northwest comer of Maplewood Drive and County Road C
intersection. No additional hydrants are proposed since the existing hydrant provides the required
coverage.
Sanitary Sewer
A 15" VCP sanitary sewer line is located in County Road C. A 4" stub is provided and extends from the
sanitary sewer line to the southern property line. It is proposed to construct a clean out structure over the
sanitary sewer stub and construct a 4" PVC sanitary sewer line from the clean out structure to the
building.
Grading
Stormwater runoff on the existing site generally flows to the west, south and east over the site. The
majority of the stormwater drains west to the ditch along the east-side of TH 61. The proposed grading
design will direct the majority of the storm water to the north and eventually to the retention basin located
in the north comer of the site.
Soil borings have not been completed to date and it is unknown if suitable grading material exists on site.
Available suitable grading material will be used for backfill for the building and paved areas. Erosion
control measures will be placed prior to the start of grading operations and will remain in place until all
slope stabilization is completed.
HKS ASSOCIATES, INC.
December 2, 1997
Page 5
Preliminary Site Plan Submittal
for Ali Delavari
18
Storm Sewer
The stormwater for this site will be carried overland to a retention basin located at the north end of the
site. A portion of the stormwater will be directed to a ditch on the west-side and carried to the retention
basin. Curb cuts are provided at the north curb line and stormwater will be carried overland to the
retention basin. The retention basin will be constructed to retain and treat the storm water runoff prior to
being discharged into the City's storm sewer system. The outlet for the basin will be connected to the
existing catch basin located in Maplewood Drive. The discharge rate will be limited to pre-developed
rates.
VEHICULAR/PEDESTRIAN CIRCULATION
The proposed site development plan creates a logical vehicular circulation pattern by clearly defining the
site entry, the parking areas for the site, and by providing a central vehicular loop system that allows
traffic to enter and exit the site efficiently. A drive is provided around the east-side of the car wash to
allow for the safe departure of vehicles.
Drive aisles and parking stalls have been designed to meet the City standards for a motor fuel station and
ample turning radii have been employed at all intersections. The northern access along Maplewood Drive
is designed to accommodate truck delivery of fuel and supplies. Pedestrian circulation is accommodated
with an ample sidewalk on the north side of the building leading to the main entrance.
TIMING OF CONSTRUCTION
It is anticipated that construction will begin in the spring with completion in 1998.
HKS ASSOCIATES, INC.
Page 6
Preliminary Site Plan Submittal
December 2, 1997
19
for Ali Delavari
Attachment 5
Ralph Munchow
1210 E. Co. Rd. C
Maplewood MN 55109
(612) 484-3053
Reasons why I Oppose the building of a convient/gas station an~
Car Wash on Maplewood Drive and Co. Rd. C are the following:
Already have a convient/gas station and a good size
car wash less than 1 1/2 mile on the corner of Co. Rd. C &
White Bear Avenue. Also another Convient/Gas station 1 1/4
miles south on highway 61.
The traffic situation on Co. Rd. C and Hwy 61 is over
crowed with cars, both morning and evening commutes. We
also have big trucks, semi's and so fourth comin~ from the
warehouse areas coming up through the new Dulut~treet which
is a residential area, to get unto hwy 61 they are using
Co. Rd C/Hwy 61 intersection. Also Lakeview Church has a
Daycare facility right acroos from the service lane entrance
with people dropping off and picking up both morning and
evening. It seems to me that this will cause a terrific
traffic jam at the service lane and Co. Rd. C intersections
with people trying to get across.
It seems to me that before they rebuilt Co. Rd. C, that there
had been numerous requests to build at this site but was
always turned down because there was not enough room according
to codes, and now there seems to be even less room with the
new service lane. ,
The 8 to 10 houses at Co. Rd. C and 61 east are for the most part
here to retire and would like to spend the rest of there
life here without being overwhelmed with car dealers and
concient~Gas stations. We would like to keep this residential.
I have lived here for 79 years and it has for the most
part always been vacant, I would just suggest cleaning it
up and leaving it to nature because of the lack of space.
Thank you,
20
Attachment 6
VARIANCE RESOLUTION
WHEREAS, Ali Delavari applied for a variance to build a fuel station and car wash closer
than 350 feet to property planned for residential and also to build a parking lot that would
encroach three feet into a required setback area. These are variances from the zoning
ordinance.
WHEREAS, this variance applies to the undeveloped property at the northeast corner of
Highway 61 and County Road C. The legal description is:
THE EAST 150 FEET OF THE WEST 394.54 FEET OF THE SOUTH 316.30 FEET OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP
29, RANGE 22; ALSO THAT PART OF THE SOUTH 349.31 FEET OF THE WEST 199.54
FEET AT SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
4 LYING EASTERLY OF THE ORIGINAL CENTER LINE OFWHITE BEAR LAKE ROAD.
WHEREAS, Section 36-151(b)(9)(c) does not allow motor fuel stations within 350 feet of a
residential lot line and Section 36-28(c)(5)(a) requires that parking lots have a 15-foot setback
from a street right-of-way line.
WHEREAS, the applicant is proposing that the facility be 235 feet from a residential lot line
and that the parking lot have a 12-foot setback from the Highway 61 right-of-way line.
WHEREAS, this requires variances of 115 feet and three feet respectively.
WHEREAS, the history of these variances is as follows:
1. On __, 1998, the planning commission recommended that the city
council approve these variances.
The city council held a public hearing on __, 1998. City staff published a
notice in the Maplewood Review and sent notices to the surrounding property owners as
required by law. The council gave everyone at the hearing an opportunity to speak and
present written statements. The council also considered reports and recommendations
from the city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
variances since:
Compliance with the ordinance would cause the developer undue hardship because the
residential property that is closer than 350 feet away is undeveloped highway-frontage
property. There would be no negative impact on this residentially-zoned land.
Approval of the variance would be in keeping with the spirit and intent of the ordinance
since it would not negatively affect the residentially-planned property.
The proposed site is buffered from the residentially-planned land by Highway 61.
21
o
Meeting the setback ordinance would cause the developer undue hardship because of
the unusually narrow shape of the site at its north end. This narrow site limits
compliance with the city's setback ordinance.
The spirit and intent of the code would be met because the highway boulevard is
exceptionally wide. The three-foot setback encroachment by a corner of the parking lot
would not be noticeable.
Adopted on
__,1998.
Attachment 7
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Ali Delavari applied for a conditional use permit to build a fuel station and car
wash.
WHEREAS, this permit applies to the undeveloped property at the northeast comer of
Highway 61 and County Road C. The legal description is:
THE EAST 150 FEET OF THE WEST 394.54 FEET OF THE SOUTH 316.30 FEET OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP
29, RANGE 22; ALSO THAT PART OF THE SOUTH 349.31 FEET OF THE WEST 199.54
FEET AT SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
4 LYING EASTERLY OF THE ORIGINAL CENTER LINE OF WHITE BEAR LAKE ROAD.
WHEREAS, the history of this conditional use permit is as follows:
1. On __, 1998, the planning commission recommended that the city
council approve this permit.
The city council held a public hearing on ., 1998. City staff published
a notice in the paper and sent notices to the surrounding property owners as required by
law. The council gave everyone at the hearing a chance to speak and present written
statements. The council also considered reports and recommendations of the city staff
and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
conditional use permit, because:
1. The use would be located, designed, maintained, constructed and operated to be in
conformity with the City's Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
The use would not involve any activity, process, materials, equipment or methods of
operation that would be dangerous, hazardous, detrimental, disturbing or cause a
nuisance to any person or property, because of excessive noise, glare, smoke, dust,
odor, fumes, water or air pollution, drainage, water run-off, vibration, general
unsightliness, electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not
create traffic congestion Or unsafe access on existing or proposed streets.
The use would be served by adequate public facilities and services, including streets,
police and fire protection, drainage structures, water and sewer systems, schools and
parks.
23
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the site plan approved by the city. The director of community
development may approve minor changes.
2. The proposed construction must be substantially started within one year of council
approval or the permit shall become null and void. The council may extend this deadline
for one year.
3. The city council shall review this permit in one year.
4. The convenience store, fuel sales and car wash shall not open before 6 a.m. nor be
open after 11 p.m. as required by code. The council may permit different hours of
operation by amending this permit.
5. The city council may require additional parking spaces in the future if a parking shortage
develops. This may require a setback variance from the city council.
6. The city shall not allow a lot division to occur that would separate the 40-foot-wide portion
of this site from the main part unless the shoreland ordinance would continue to be met.
__, 1998.
The Maplewood City Council approved this resolution on
24
TO:
FROM:
SUBJECT:
DATE:
MEMORANDUM
City Manager
Thomas Ekstrand, Associate Planner
1997 Community Design Review Board Annual Report
January 6, 1998
INTRODUCTION
The city code requires that the community design review board (CDRB) prepare an annual
report for the city council. This report should include the CDRB's actions and activities during
1997 along with any recommendations for changes. I have attached the 1997 annual report for
review.
RECOMMENDATION
Approve the annual report.
p:~nisscell\cdrbann.rep (6.2)
Attachment:
1997 Community Design Review Board Annual Report
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
City Manager
Marv Erickson, Chairman
1997 Community Design Review Board Annual Report
January 5, 1998
INTRODUCTION
In 1997, the community design review board (CDRB) reviewed 53 items:
New Development Proposals 21
Expansions and Remodeling 19
Sign Reviews 2
Code Changes 3
Variances 0
Miscellaneous 8
Total 53
The following table compares the number of items reviewed from 1989-1996:
Year Number of Items Reviewed
1989 58
1990 51
1991 34
1992 42
1993 49
1994 54
1995 57
1996 31
ATTENDANCE
Board Member
Maw Erickson
Marie Robinson
Ananth Shankar
Tim Johnson
Maff Ledvina
Meetings Attended (of 15)
14
15
12
13
10 (of 12 meetings--Matt began on March 25, 1997)
DISCUSSION
Maplewood experienced an increase in new building projects in 1997. We saw many new
developments proposed and many existing ones proposed for expansion. A sample of these
are: St. John's Hospital expansion, Lakes Orthodontic Clinic, the Maplewood Cancer Treatment
Center, a new building for Maplewood Toyota, LaMettry Auto Body and Collision, expansion of
the Aspen Medical Clinic, National Tire and Battery, Batteries Plus, Erickson Freedom Station
and the demolishing and reconstruction of Super America on South Century Avenue. Although
nine meetings were cancelled, the number of new projects and expansion/remodeling
proposals--.40 of them--indicates a busy year at the meetings held.
In 1997, the CDRB also reviewed and recommended the revision of the roof-equipment
screening ordinance which the city council adopted, on November 10.
The CDRB is dedicated to promoting attractive development in Maplewood and will continue to
require quality building design in 1998.
p:~'nisscell\cdrbann.rep (6.2)
_ MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
City Manager
Thomas Ekstrand, Associate Planner
Election of Chair and Vice Chair
January 5, 1998
INTRODUCTION
The Community Design Review Board should elect a Chair and Vice Chair for 1998.
p:~niscell\cdrbelec.sav