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HomeMy WebLinkAbout2013/08/22 - ADMIN - Minutes - Board of Zoning Appeals - Regular OFFICIAL MINUTES OF AUGUST 22, 2013 BOARD OF ZONING APPEALS CITY OF ST. LOUIS PARK The St. Louis Park Board of Zoning Appeals conducted a meeting on August 22, 2013, at St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis Park, Minnesota – Council Chambers. Members Present: Susan Bloyer, James Gainsley, Justin Kaufman, Paul Roberts, Henry Solmer Members Absent: None Staff Present: Gary Morrison, Assistant Zoning Administrator Nancy Sells, Administrative Secretary 1. CALL TO ORDER – ROLL CALL Chair Bloyer called the meeting to order at 6:00 p.m. 2. APPROVAL OF MINUTES OF JUNE 27, 2013 Commissioner Gainsley made a motion to approve the minutes of June 27, 2013. The motion passed on a vote of 5-0. 3. CONSENT AGENDA: None 4. PUBLIC HEARINGS A. Variance: Sideyard Setback and Drive Lane Width Location: 4701 Excelsior Boulevard Applicant: Elion Acquisitions Case No.: 13-30-VAR Gary Morrison, Assistant Zoning Administrator, presented the staff report. The applicant is proposing to redevelop the existing BP fuel station by removing the fuel station and constructing a new three tenant retail building. Variances are requested to allow the new building to be 5.0 feet from the property line along Excelsior Blvd. A 24 foot drive aisle instead of the required 25 feet is requested to provide an additional one foot of green space between the proposed parking lot and the south property line, which is adjacent to single family residential properties. Official Minutes Board of Zoning Appeals – City of St. Louis Park August 22, 2013 Page 2 Mr. Morrison spoke about the corner lot designation regarding front and side yard. Mr. Morrison said the intent is to put the parking lot behind the building and keep the building up front. That will help with traffic. The parking lot will be accessed in the same spot as existing access along Natchez Ave. He said a fuel station with 8 fuel pumps generates approximately 1300 trips per week day according to national averages. An 8,000 sq. ft. retail building generates about 340 trips per week day according to national averages, not taking into account tenants and tenant change. He stated that if the parking lot was in front with access to Natchez, the utility boxes would have to be moved at considerable expense. The city requires 50 ft. setback for driveway entrances from the intersection of any major street, so the drive aisle to the parking lot would not be conducive to a parking lot located in this area. It cuts too much to the south. Mr. Morrison said the 5 ft. setback allows the construction of 14 additional parking spaces. If the building met the 15 ft. setback it would have to be shifted to the south which would affect a row of parking. He discussed the creation of walkable streets on Excelsior Blvd. with recent development and 5 ft. setbacks. Mr. Morrison spoke about the neighborhood meeting which was held Aug. 20th. He reviewed the concerns raised at the meeting. The biggest concern relates to the placement of the building. Concerns related to placement of the building include parking lot noise, truck deliveries, garbage pick-up and screening along the south property line. There were concerns about additional traffic onto Natchez Ave. with one access to the property. Traffic volume, parking in the neighborhood, and lighting were also raised as concerns. Mr. Morrison explained that since the neighborhood meeting the applicant has revised their drawings. Many of the neighborhood concerns have been incorporated into the plan. The revision includes a right-in only access on Excelsior Blvd. In order to accommodate this, the second and third tenant space has been reconfigured. The outdoor patio area was eliminated. An 8 ft. masonry wall is proposed to be constructed along the south property line, planted with vines, for a visual and sound barrier. Elevations of the building have also changed slightly. The second story has been removed, with the architectural detail maintained at the intersection of Excelsior and Natchez. Mr. Morrison stated that staff recommends approval of the two variances. He reviewed the findings of criteria for granting the variances. Chair Bloyer opened the public hearing. Dean Dovalis, DJR Architecture, said they chose to go through the variance process because of overall urban design and the nature of the street. They Official Minutes Board of Zoning Appeals – City of St. Louis Park August 22, 2013 Page 3 thought it was important to anchor the corner and create a future pedestrian environment as Excelsior Blvd. enhances and improves over time. He stated that they gave up about 1,000 sq. ft. to accomplish the new design. Hillary Stewart, 4712 Vallacher Ave., said she bought her home in 2000 because there are so many positive things about the community. She stated that the fuel station has hardly any traffic so does not reflect the national traffic averages for this kind of use. She distributed a photograph taken from her kitchen window which shows the feeder route flow of traffic from the Minikahda Vista community which is constant flow of joggers; moms, strollers, and small kids 20 ft in front of mom; woman in a wheelchair; and elderly with canes. She said even with a second entrance on Exc. Blvd., there will be accidents as pedestrians and bikers go to Starbucks or Wolfe Park. Ms. Stewart stated she is concerned about truck traffic and noise with three separate property owners and doesn’t believe the wall will be an effective sound barrier. She said she walks to Starbucks daily and can attest to the current pedestrian traffic and existing traffic and street parking at Natchez. She spoke about problems existing at Excelsior Blvd. and Natchez to get into the right hand turn lane. Drivers often pull halfway into the crosswalk. Ms. Stewart said she doubted that customers and employees will all park in the lot. The employees will probably be encouraged to park on Vallacher. She spoke about trucks coming down Natchez to make deliveries to Jennings Liquor. She said trucks do a 3-point turn to make their deliveries. To avoid the 3-point turn they drive the big beer trucks down Vallacher Ave. and into Natchez. She will lose trees, have increased noise, and decreased property value. She is also concerned about kids in the neighborhood. She spoke about the congestion that will occur with truck deliveries and garbage pick-up for the new development and Jennings Liquor. Ms. Stewart summarized by saying she understands change will happen but she is very concerned about noise. She would propose the building is moved to the back of the property. She suggested adding more green space, reduce the amount of tenants, and reduce the amount of parking space. She said the revised plan is a start but it can be much better. Chair Bloyer asked Ms. Stewart what kind of use she was envisioning at the site. Ms. Stewart responded she wouldn’t mind seeing one tenant or a bakery with normal business hours, a law office, an office use with normal business hours hours, 1 to 2 stories. She added that she doesn’t have a problem with the building itself but the way it is situated for her property and for all of Minikahda Vista. Erica Gibbons, 4724 Vallacher Ave., said she is very concerned about the hours of fast food or pizza delivery going beyond midnight. She spoke about the problem in the parking lot of car doors slamming, horns beeping, employees taking breaks and talking on their cellphones and smoking, and privacy for Official Minutes Board of Zoning Appeals – City of St. Louis Park August 22, 2013 Page 4 residents. Ms. Gibbons asked the resident who lives behind Jennings Liquor about any noise problems. That resident told her that the delivery trucks, plows, and garbage trucks had an inconsistent schedule and were always very loud. Ms. Gibbons said her overall concern is comparing the line of sight with Exc. & Grand and Ellipse. The properties can’t be compared to the proposal on the south side. The subject lot is more shallow and abuts directly to residential. She’s very concerned about the differing visions that the City and the neighborhood have of the south side of Excelsior Blvd. and the Minikahda Vista neighborhood. She asked if all parking will move back on the south side of Excelsior Blvd. and create traffic flow concerns in and around those buildings. She said there has not been enough vision and planning for this entire site. The older properties will start selling in the next few years and she believes a consistent vision is needed for each building that will be developed. The neighborhood is not envisioning that all the buildings will now go to the front. Ms. Gibbons said she felt there is a lack of communication between the neighborhood and the City. She said she is asking for more transparency between the City, neighborhood and for the City to take into consideration the concerns of the neighborhood now and in future planning. Betsy Baker, 3905 Kipling Ave. S., said her house is not particularly affected by the development. She is very sympathetic to what the homeowners are feeling but said she wants to speak in favor of the proposal. She said she was part of the neighborhood association from about 1998 – 2004. She said she thinks having the building in front will be much more appealing to look at long term. Especially if it becomes precedent setting, she would not want a sea of asphalt parking lots down Excelsior Blvd. when there are the beginnings of good things going on the north side of Excelsior Blvd. She said the architect of the proposed development does have experience listening to the neighbors of Minikahda Oaks and Minikahda Vista neighborhoods with the Ellipse development. She said she felt a lot of neighborhood concerns were addressed in the proposed development. She stated that development is going to happen and if the current proposal was for an expanded fuel station and convenience store it might not have been as appealing as the current proposal. She commented that Natchez is the first street to the south of a major thoroughfare. She said she thinks a safe and appealing site can be accomplished within the parameters of the development. Ernie Feil, 3914 Ottawa Ave. S., said the 8 ft. wall in the back to help with sound, lights and noise is a good improvement to a 6 ft. fence, but it creates a hazard at the sidewalk. Mr. Morrison indicated that the wall would not extend all the way to the sidewalk. Mr. Feil commented that the zoning is commercial, but it is abutting residential and certain businesses, like coffee roasting, cause significant problems with neighbors. Other considerations have to be taken into consideration when Official Minutes Board of Zoning Appeals – City of St. Louis Park August 22, 2013 Page 5 commercial abuts residential. He suggested the business should be open no later than 10 p.m. He said he was concerned about noise of snow removal, deliveries, and traffic with a rear parking lot. He said he was concerned about snow storage and snow being moved to the residential area. He said he was concerned about the width of the driving lane and larger vehicles. Mr. Feil requested a condition for significant tree replacement for light and noise barrier. He spoke about concern of delivery vehicles. He noted that delivery vehicles currently can’t navigate the Jennings parking lot and do park in the street and he anticipated the same with the proposed development. He requested no loading zones on Natchez. Mr. Feil stated that change will come to the area, but said moving the building to the rear may better serve the residential area and the community. Chair Bloyer suggested residents meet with the Engineering Dept. staff about street problems which are occurring. Mr. Morrison added that he would present these concerns to the Engineering Dept. Steve Kramer, 3924 Ottawa Ave. S., stated that the proposal seems to be an ideal scenario compared to the expansion of a fuel station and convenience store that could have been constructed. He asked how to insure that the developer will comply with the 8 ft. concrete wall as it has been described with stucco and ivy. Mr. Morrison responded compliance is insured by clarification in the conditions for the variance. Later when building permit application is made to the Building Inspections Dept., Mr. Morrison reviews the permit for all conditions along with other zoning requirements. Certificate of Occupancy is not granted until everything is completed. Mr. Kramer asked the Board if they thought an 8 ft. wall was adequate. He asked if it should be 9 or 10 ft. Mr. Kramer said that aesthetically the type of design and the precedent for that corner and for Excelsior Blvd. could increase the value of the residential properties. He said he is amazed at how Minikahda Vista property values have maintained themselves in recent years. He commented that there is still much demand for people to move into the neighborhood. He said he would like to see buildings abut the sidewalk on the north side of Exc. Blvd. as well as the south side as long as noise and light can be mitigated for residents. Mr. Kramer spoke about a safety issue as pedestrians go down Natchez to go to Exc. & Grand. Sidewalk along the east side of Natchez, along Jennings Liquor, down to Vallacher would increase safety. Official Minutes Board of Zoning Appeals – City of St. Louis Park August 22, 2013 Page 6 Mr. Kramer suggested a right on green only sign as a safety measure. Jeremy Myrum, 4704 Vallacher Ave., said he just moved to Vallacher Ave. in April. One of their favorite features was having their lot backed up against the trees behind the fuel station. He said they appreciated not hearing anything and not having neighbors in the back. They understood that the fuel station was not doing very well and that change would come. He said they would not have purchased the home if they knew they would have a parking lot in the backyard. They are concerned about safety issues for children with increased traffic Chair Bloyer noted she had looked at the fence which is currently a buffer and she was horrified by its condition. Jon Schaefer, 3913 Lynn Ave., said he has lived in St. Louis Park since 1965 and has lived at 3913 Lynn with his family since 1968. He said the issues are safety, noise, light and urban beauty. This is the first proposal on the south side of Excelsior Blvd. and it is important. He added that St. Louis Park has always been kids first, neighborhoods, and citizens. The issues need to be balanced with urban renewal and improvements. Mr. Schaefer said all that was necessary was to put the building in the back and close off the entrance from Natchez Ave., eliminating the safety issue. Noise would be reduced with this buffer. Claudia Johnston-Madison, 3931 Joppa Ave., stated she is a 27 year resident, co- chair of the neighborhood association, and also a City Planning Commissioner. She stated the proposal has been a whirlwind for the neighborhood. The neighborhood heard a couple of months ago that Steve Wolfe was going to sell the property. Rumors were circulating about possible development. Ms. Johnston-Madison said she requested from city staff the proposed plans when they became available. She said residents and neighbors suddenly received a notice for the Board of Zoning Appeals meeting. There have been a lot of unanswered questions. She stated that staff did include a number of points from the neighborhood meeting in the presentation. Ms. Johnston-Madison reviewed the history of development along Excelsior Blvd. with Excelsior & Grand. She discussed neighborhood involvement in discussions of various proposals for the Al’s Bar site over the years. She discussed design guideline meetings which were held prior to the new Ellipse development at that site. The design guidelines for that site are part of the City’s Comprehensive Plan. Residents and business owners involved in the design guideline process felt a similar process should be conducted for the south side of Excelsior and never felt the south side was to mirror the north side of Excelsior Blvd. Official Minutes Board of Zoning Appeals – City of St. Louis Park August 22, 2013 Page 7 Ms. Johnston-Madison said it isn’t clear if the proposed building should be in the front or back of the lot. She stated the best course of action seems to be to table the issue for more discussion. The proposal will set the precedent for the south side of Excelsior. Blvd. A vision for the south side is needed. She said consensus hasn’t been reached because of the way this proposal was rushed. She suggested holding a couple more meetings with the developer and residents as there are unanswered questions. Rose Doherty, a 27-year -resident of 4968 W. 40th St., stated that she lives right behind the Chill and Grill at Miracle Mile. She has a fence that goes up to the Miracle Mile property. She stated that it is a regular occurrence for customers parked at the fence to eat their food and leave garbage and liquor bottles in the yard. She spoke about noise from deliveries, snow removal, and parking lot sweeping which regularly occurs after midnight. She said the 6 ft. fence and trees in her yard help to obscure the view, but the view is not obstructed from her porch. She commented that the south side of Excelsior Blvd. is different from the north side. The north side was designed for density. She suggested that a vision be created which can be followed for the south side. She recommended tabling the request and come up with some alternatives. Erica Gibbons, 4724 Vallacher Ave., distributed photographs of new construction at Hwy. 7 & Hopkins Crossroad, stating that the building and site is very similar to the proposal under discussion. Ernie Feil, 3914 Ottawa Ave. S., stated if the proposal was deemed to have a negative effect on residential property values, the City might be responsible for compensation to residents. Grant Worthen, 4620 Vallacher Ave., stated he has lived directly behind Jennings Liquor Store for eight years. He spoke about issues of snow plows, liquor trucks, garbage, and noise related to parking and traffic on the back side abutting his residential property. His property is about 50-75 ft. from the fuel station property and he anticipates additional noise if parking goes to the rear of the site. His preference is for the building to go to the back. He was concerned about retail parking spaces, anticipated daily trips, and employee parking. Mr. Worthen stated he doesn’t want cars parked on Vallacher Ave. He said that situation can decrease property values. He said the variance proposal seems rushed, would set a precedent, and he recommends more discussion. Sheldon Berg, applicant, spoke about the photographs provided of Hwy. 7 and Hopkins Crossroad. He noted that he is the developer of that project in Hopkins. He said it is the redevelopment of an industrial building and there were few choices in placement. He stated that the character of the adjoining neighborhood and streets are much different from the Excelsior Blvd. proposal. Official Minutes Board of Zoning Appeals – City of St. Louis Park August 22, 2013 Page 8 Dean Dovolis, architect, said they are not in favor of tabling the request. He said the debate has been very good. Over sixty people attended the neighborhood meeting. He said they were willing to continue working with the neighborhood going forward. He spoke about the construction timeline. Mr. Dovolis said they believe the variance is the right thing to do for the long term vision of St. Louis Park. Chair Bloyer closed the public hearing. Commissioner Gainsley stated he liked the plan and found it well thought out. He said it has been given a very significant airing. He said there may be issues that need to be taken up later, and he favors the variance request. Commissioner Solmer said as originally presented he had some concerns with delivery truck access and parking screening. He said the revised version does a good job addressing those issues. He said all things considered it is a good plan for redevelopment of this site. Commissioner Roberts asked what type of building could be built on the site without a variance. Mr. Morrison responded the C-1 district allows for a 3-story building. He discussed setbacks. He said the biggest limiting factor is parking and the parcels are small. Underground parking is cost prohibitive in most cases. Commissioner Roberts said he liked the plan and would be open to tabling the request for neighborhood input, but overall he said he supports the plan. Commissioner Kaufman said he struggles with the request. The neighborhood has concerns. The developer is responsible and trying to do the right thing. He said he understands there may be enforcement issues which create a cumulative effect in the neighborhood. Commissioner Kaufman said he could vote against the variance or vote to table the request to insure that mitigation efforts that would be appropriate if the building was at the front of the property could be addressed and be a condition of that variance. Chair Bloyer said she wasn’t sure if tabling the request would be that helpful. She stated that the developer has gone to great lengths in design and addressing concerns. She added that there isn’t a perfect solution and there will be growing pains. She suggested adding much more greenery for noise reduction. Commissioner Gainsley made a motion to adopt Resolution No. 03-13 approving a variance with the revised site plan to allow a 5.0 foot side yard abutting the street instead of the required 15 feet, and a 24 foot drive aisle instead of the required 25 feet. The motion was approved on vote of 4-1 (Kaufman opposed). Official Minutes Board of Zoning Appeals – City of St. Louis Park August 22, 2013 Page 9 Mr. Morrison read the statement regarding appeal to City Council. 5. UNFINISHED BUSINESS: None 6. NEW BUSINESS: None 7. COMMUNICATIONS: A Board of Zoning Appeals meeting will be held on Thursday, September 26th. 8. ADJOURN The meeting was adjourned at 7:55 p.m. Respectfully submitted, Nancy Sells Administrative Secretary