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HomeMy WebLinkAbout1991/10/23 - ADMIN - Minutes - City Council - Regular MINUTES PUBLIC HEARING - PROPOSED ZONING ORDINANCE 111 ST. LOUIS PARK, MINNESOTA October 23, 1991 1. Call to order Mayor Hanks called the meeting to order at 7:00 p.m. 2. Roll call The following Councilmembers were present at roll call : Jeff Jacobs, George Haun, Lyle Hanks. Shortly after the meeting began, Councilmember Mitchell arrived. Also present were the City Manager, City Attorney, Director of Community Develop- ment, Planning Coordinator and Zoning Administrator. 3. Public hearing: Proposed zoning ordinance The City Manager gave brief introductory remarks relating to the meeting that evening indicating the purpose of the meeting was to receive comments on the proposed zoning ordinance and that no formal action was to be taken that evening. The City Manager indicated that a representative from the City Attorney' s office was present as were staff members Dave Hagen, Don Rye and Ernie Petersen. III Tony Gleekel , representing Fine Management of Minnesota, spoke relative to property at 6213-6217 W. Lake St. Staff has recommended this property be rezoned from the existing RB-R2 to an R2 zoning designation. He said that at the Oct. 16, 1991 meeting, the Planning Commission recommended that his client' s property be totally rezoned to RB. He wanted the record to reflect that he had appeared on behalf of his client and that they were pursuing this matter. He felt the Council should take a good look at this parcel , specifically look at where it is located on W. Lake St, be aware that the neighboring uses are of a commercial nature for the most part, that W. Lake St. is of a commercial nature and to agree with the Planning Commissioners in designating the property as RB and not R2. John Strand, 8536 W. 35th St. objected to Lot Provision 14:4-1 in the proposed zoning ordinance: "A lot which does not conform with the lot width and lot area requirements of the use district in which the lot is located shall not be a buildable lot unless the lot already contains an occupiable structure." He felt this represents a condemnation of vacant lots. He quoted from the Fifth Amendment to the Bill of Rights relative to use of private property and provided Mayor Hanks with a copy of the United States Constitution. Regulation of Adult Uses: Mayor Hanks wanted to make clear the City' s position re Fantasy House located at 5810 Excelsior Blvd. He said that in most of the letters he had received it is the desire of residents to have the operation eliminated but that this would not be possible. A new tenant of that property would have to conform to the proposed zoning ordinance. Minutes - Public Hearing Oct. 23, 1991 2. Trudy Korst, 2010 Florida Ave. , addressed Council . She thanked staff and Attorney 11 Suesan Pace-Shapiro for their efforts in this difficult issue. Ms. Korst felt it was appropriate to move a business of this nature to an industrial zoning district. She said her research indicated that Indianapolis has passed an ordinance re sexually oriented businesses which was held up by the Supreme Court. Alyce Ten Cate addressed the Council stating that Council had received recommenda- tions for zoning changes which are supported with cases upheld in court. Citizens Against Pornography appreciated what the Planning Commission has done and approved of its recommendation as far as the special amortization was concerned. PCAP were requesting the Council accept that recommendation. She asked that additional petition signatures be added to the previous petitions submitted to the City. She also presented a sealed envelope containing examples of porno- graphy she said had been found in and around the Rec Center. She asked that comments from others speaking on this issue this evening be noted in the minutes. Susan Pfoir, Yosemite Ave. and 41st St. , asked if absent Councilmembers were required to watch tapes of the public hearing. Mayor Hanks said that was their choice but the hearing is made available both on tv and audio. Paul Olson, 2837 Yosemite, felt if pornography had to be in the community it could be located in an industrial area and have special licensing. Attorney Peter Beck appeared on behalf of Walser Buick. Mr. Beck indicated that at a recent Planning Commission meeting the Commission voted to recommend C2 zoning for the subject property. He was concerned about the moratorium. Mr. Beck indicated he discussed the effect of the moratorium on Walser's construct- ion with Don Rye and the City Attorney. He indicated Mr. Rye and Ms. Pace-Shapiro both advised him the zoning in the proposed draft ordinance controls the applica- bility of the moratorium to the Walser property, not the recent recommendation from the Planning Commission which has not yet been accepted by the City Council . He requested that Council direct staff to incorporate the Planning Commission's recommendation to designate the property C2 into the proposed zoning ordinance. Mayor Hanks proposed this appear on the November 4 agenda and asked that Mr. Beck submit a letter delineating his request. Andrew Mack, Planning Development Research, was present representing Bill Younger, 5644 W. Lake St. His concerns had to do with amortization of non-conform- ing uses. They were asking that the Council remove the provisions for amortization of non-conforming uses and the property's zoning remain as RB (or conversion to RC under the proposed ordinance. ) His concern was for businesses that had been operating in the community over many years. He said they had researched the metropolitan area and found only two cities utilizing amortization -- Anoka and Minnetonka -- and that both communities had specified a much longer period of time to amortize non-conforming uses than is in St. Louis Park' s proposed ordinance. They asked to be kept advised through some form of notice on this issue as it proceeds. Mayor Hanks said the Council would be meeting again after some details were pulled together. He said a sheet was being passed around and anyone wishing to be notified by mail of the next meeting was welcome to sign. Minutes - Public Hearing Oct. 23, 1991 3. 111 Marvin Fabyanske spoke on behalf of Minnesota Pre-Stress Assoc. , relative to the class of materials to be used on the exterior of buildings. The association was objecting to the classification of pre-cast mateirals as Class 2 in the proposed ordinance. He requested pre-cast materials be reclassified Class 1 in order to be more heavily utilized in any City construction. He passed out a pamphlet containing pictures illustrating the use of pre-cast materials. Richard Hoag, 3116 Louisiana Ave. , asked the Council to continue to consider limiting sexually oriented materials to industrial areas. Terry Lueck, general manager of Compass Management and Leasing, indicated he manages the leasing for Interchange Office Park in Shelard. He said they had prepared an overview of the proposed ordinance to the existing PUD zoning of the office park. The proposed "0" designation would be extremely hurtful to the existing office park and would render most of the uses non-conforming. Their overview also indicates that under PUD zoning they have an approved site for an additional high rise office building to be built; however, under the proposed ordinance of "0" the construction of said building would be impossible. He wanted to go on record on behalf of the owners of Interchange Office Park as being vehemently opposed to rescinding an existing PUD and changing it to something that, for the most part, makes existing uses non-conforming and prevents the construction of a high rise office building. Mayor Hanks asked that he present a letter detailing his comments and send it to Community Development. Jerry Brill , attorney, representing the Roller Garden, spoke. He noted the proposed zoning ordinance changes the zoning designation of the property from RB to R4 and they were opposed to that. He asked the Council to consider rezoning the property to a category that would permit its use as a roller rink and proposed Cl , private indoor entertainment, category. They were also opposed to the amortization clause of the proposed ordinance. Deb Skinner, 3936 Zarthan, asked that the City continue to research the limitation of an area where sexually oriented businesses may be located. She supported moving such businesses to an industrial area. She asked that the Indianapolis ordinance be researched. Victor Yusha, 3341 Alabama Ave. , spoke on behalf of the Roller Garden requesting the current zoning not be changed as roller skating was a wonderful -sport in which he participates. He lauded the efforts of owner Bill Sahly in promoting this sport to school children throughout the community. Betty Gates, 3300 On the Park, indicated she was representing residents of the condominium complex. She said they have been trying to ease the pressure they are under because of Apple Valley Red-E-Mix and the noise and pollution they felt the company caused in their area. They hoped some change in zoning could be made to ease their discomfort. Another resident of the complex said they were in support of the amortization provision in the proposed ordinance, even have the time shortened. Minutes - Public Hearing Oct. 23, 1991 4. Kathleen Lamb spoke on behalf of Cineplex Odeon, owners of the Cooper Theater site. They were opposed to changing the present DDD zoning to Office which would severly limit the use of the property in that fewer uses are permitted than under the more flexible DDD. They were requesting a C-2 classification if the DDD classification were to be eliminated. Mitch Menoski , 2900 Alabama Ave. , spoke on behalf of the Roller Garden. He and h family derive a great deal of wholesome and safe enjoyment from using the rink. Mr. Dixon said three letters had been received from: Grand Produce, 3384-3386 Brownlow, opposed to rezoning its property C2 Commercial ; Super Radiator Coils, requesting that the zoning for that property remain Light Industrial (address: 6714 Walker St. and 3356 Gorham) ; Ken Faulkner, 4225 W. 36th St. who owns a double bungalow at 4225-27 W. 36th and is opposed to the proposed zoning change to that property. The Mayor notified those in attendance that an attempt will be made to notify all present who signed up of the next meeting. A motion to close the hearing was made by Councilmember Jacobs, seconded by Councilmember Haun. The motion passed unanimously. The meeting adjourned at 8:00 p.m. 672 'ecording Se�ary