PLANNING COMMISSION PROCEEDINGS

CITY OF NEW BRIGHTON

Regular Meeting 06-18-02 7:30 P.M.

Present: Commissioners Larry Baker, Jim OBrien, Thomas O’Keefe, Norm Schiferl. and Paul Zisla

Absent: David Schmitz, Jeff Schopf, Council Liasion Kim Moore-Sykes

Also Present: Patrick Boylan, City Planner, Kevin Locke, Community Dev. Dir.

David Black, Assistant Community Development Director

· Minute Approval - May 21, 2002

· Agenda Review – No additions

· Council Action - Council Member Kim Moore-Sykes could not be present.

Public Hearing: Special Use Permit for a new garage. Nonconforming Use Permit for Type IV Nonconformities – Mark Ziniel

Application to consider a request by Mr. Mark Ziniel at 715 4^th Avenue NW. The site is zoned R-1A, Single Family Residential. The driveway is unpaved and the existing home encroaches 3 feet into the front yard setback and 2.5 feet into the side yard setback. When a resident proposes a new structure on a lot with Type IV nonconformities, a Type IV Nonconforming Use Permit is required. Section 4-530 (E) states that any accessory structure may be constructed up to a maximum of 1,000 square feet; any structure larger than 400 square feet is subject to approval of a Special Use Permit. Mr. Ziniel is seeking a Special Use Permit for his proposed 24 ‘ by 28’ garage (672 sq. ft.).

Mr. Boylan reviewed the findings for the Commissioners. Mr. Ziniel answered questions

by the Commissioners. No one from the audience spoke to the issue. Mr. Boylan reported he had received no calls, letters or faxes from anyone.

Moved and seconded to CLOSE THE PUBLIC HEARING.

5 Ayes, 0 Nays, Motion Carried.

Motion by Zisla second by Baker to WAIVE THE READING AND ADOPT THE RESOLUTION RECOMMENDING APPROVAL OF NC 02-003 AND SP 02-003 subject to the following conditions:

1. The garage is sided with same or similar materials.

2. The driveway is completed within one year.

3. The retaining wall on public right of way will be altered or not depending

on City Engineer’s recommendation.

Public Hearing – SP 02-004, LP 02-007 Special Use Permit and Site Plan, HGA

Architects for United Theological Seminary

Consideration of a request for a special use permit by the United Theological Seminary for the purpose of building a 5,300 square foot addition onto the existing classroom building and a new chapel on the east side of the complex. The subject property is located at 3000 5^th Street NW. The property is zoned R-1, Single Family Residential. Per Section 4-030 of the New Brighton Zoning Ordinance, school and church uses are allowed by special use permit within the R-1 zoning district. The site is presently the location of the United Theological Seminary School.

Mr. Boylan went over the project and findings for the Commissioners. Joan Serano, an architect for HGA, represented the applicant and presented the site plan.

Moved and seconded to CLOSE THE PUBLIC HEARING.

5 Ayes, 0 Nays, Motion Carried.

Motion by O’Keefe, Second by Zisla to WAIVE THE READING AND ADOPT THE ATTACHED RESOLUTION RECOMMENDING APPROVAL OF SP-02 – 004 & LP 02 – 007, subject to the following conditions:

1. Approval by Rice Creek Watershed District.

2. Water pump determination and hook ups to be approved by the Fire Inspector.

3. Lighting plans submitted and approved by City Planner.

4. Additional trees are planted along east side of proposed addition to replace lost crab trees and trees to be approved by City Forester.

5 Ayes, 0 Nays, Motion Carried.

General Business

A. Front Porches & Building Setback Encroachment Discussion.

The Planning Commission recommended that Staff bring the issue of front yard setbacks to the New Brighton City Council. The Council considered examining the Code to allow porches that stay open and directed Staff to examine Codes from other communities and report the findings.

After researching this it was found for the most part, front yard encroachments were allowed and PUD’s which is part of a larger design, but for the most part covered front porches are not allowed and only a variance process would be the way to permit that.

New Brighton code allows limited front yard encroachment by Special Use Permit.

Mr. Boylan reported on other findings he had researched on the subject. Commissioners shared their points of view and it was the consensus to put this on hold at the present time and possibly will be brought up again if there is a request.

B. Hardware store concept review – Norm Wells/Mark Beisswenger

The Concept Plan is for a hardware store along Old Highway 8 just north of TH 96. Mark Beisswenger would like to build a new hardware store located at 1823, 1853, 1873 and a portion of 1951 Old Highway 8 NW. Mr. Beisswenger is considering a new store of just over 43,000 square feet in size. The project would require some land assembly and to do this would require redevelopment effort by the City. The site is zoned MX right now. MX does specify hardware store as an allowable use within the mixed use provided it is no larger than 22,000 square feet. The Concept Plan is almost twice the

size as what would be allowed. Mr. Boylan stated this is a pretty unique site with a major road to the south, to the west and then an interstate freeway to the east and light industrial to the north.

Staff would like to understand from the Planning Commission now is if they think this is an appropriate use for the site.

Norm Wells, Project Architect spoke to Commissioners about the project. Jim Neuman, employee of Beisswenger Hardware was also available. Kevin Locke, Community Development Director, was asked several questions by Commissioners. It was relayed that the current hardware store is in the middle of a redevelopment district. They discussed the original logic of limiting buildings to 22,000 square feet in an MX zone.

Jim Neuman explained added features of the new hardware store would include a nice greenhouse area, better paint area, a coffee area, rental area, wider aisles, children’s play area and more storage space. They plan 204 parking spaces. The current store has 54.

Mr. Locke asked Commissioners if they would like to go in the direction of a 20,000 square foot variance, the possibility of rezoning, or modifying the MX with possible

special use under MX. The latter choice seemed to be the consensus.

Announcements and Updates

A. Northwest Quadrant Update – Preliminary Concept Plan

David Black, Asst. Community Development Director, presented preliminary information. Craig Rapp, managing principal at DSU, presented the plans of the 100 acre area from various aerial and street level perspectives. Considerable discussion regarding

the advantages and possible areas needing to be addressed in the next planning phase.

Staff will be requesting City Council approval for five areas of the Preliminary Concept Plan for the Northwest Quadrant.

Adjournment

The meeting adjourned at 9:56 p.m.

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Patrick Boylan, Intermediate City Planner