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04/25/1978 - City Council RegularMINUTES OF A REGULAR &TING OF THE EAGAN ADVISORY PLAMNG COvLkaSSION EAGA I, 11INNESOTA APRIL 25, 1978 A regular meeting of the Eagan Advisory Planning Commission was held on April 25, 1978, at 7:00 p.m. at the City Hall. Those present were: Chairman Harrison, Members Blomquist, Hall, Dembroski and Hedtke. Also present were: City Planner Voss, City Engineer Rosene, City Administrator Hedges, Zoning Administrator Runkle and City Attorney Hauge. PLEDGE OF ALLEGIANCE AND AGENDA. After the Pledge of Allegiance, the Chairman acquired approval from the Planning Commission members for several additions to the agenda: a) Mr. Diffendorfer for variance in Timberline Addition; b) Mr. Sandy Erickson to discuss variance on Lot 11, Zehnder Acres; c) Discussion relative to Lou Lundgren request for building permits for Section 8 in Fox Ridge Addition; d) Eagan School Site Committee report. MINUTES. Upon motion duly made and seconded, it was RESOLVED that the minutes of the April 11, 1978, meeting be approved with the exception on page 7 relating to Eagan Construction Co. public hearing, Hall voted no because he felt there was not sufficient research and input, with the rest stricken. BOWLING ALLEY CONDITIONAL USE PERMIT FOR LIQUOR. The Chairman then convened the public hearing regarding Peter Cordes and Eugene Sell application for condi- tional use permit for on -sale liquor for the proposed bowling alley establishment on Lot 1, Block 2, Fox Ridge Addition North of Yankee Doodle Road. Mr. Cordes and Mr. Sell were present as was Jean Parranto representing the proposed developer of the project. A letter from a representative of Univac indicating no objection and response from Blue Cross indicating support of the project were reviewed. The applicants indicated that the bar will not be open when junior leagues are using the lanes. Certain neighboring property owners and a number of apartment tenants were present objecting to the application. A petition of about 100 tenants in 4-25-78 neighboring apartment buildings opposing the bowling allelband liquor license was submitted. Objections included excessive liquor licenses in the general area, potential juvenile problems, traffic hazard and volume and the residential charac- ter of the neighborhood. Member Blomquist indicated a positive response from res- idents concerning the need for a bowling alley in the area. There was also dis- cussion concerning other liquor license regulations. Hall moved and Harrison seconded a motion to recommend that the application be denied for reasons includ- ing the fact that on -sale liquor does not appear to be appropriate in a Neighbor- hood Business district and potential possibility of liquor license applications in other NB zoned areas, the possible precedent involved, and that this residen- tial area did not appear to be a proper location for a liquor establishment. Chairman Harrison's reasons included the fact that he felt the location was wrong, it was too close to residential development. Those in favor of the motion were Hall, Harrison and Dembroski. Abstaining were Hedtke and Blomquist. Mr. Hedtke stated that he had abstained for the reason that the Council could act independently without a recommendation. NAEGELE OUTDOOR ADVERTISING COMPANY CONDITIONAL USE PERMIT. The continued public hearing regarding the application of Naegele Outdoor Advertising Company for conditional use permit for 10' xy.' pylon advertising sign on Yankee Doodle Road East of Pilot Knob Road consisting of Sign C in its original application was next convened. Mr. Dan Henjum appeared for the applicant and stated the location would not be on proposed 135E right of way and is within CSC zoning. It was noted the fact finding procedures had not been completed as requested by the Planning Commission at its previous meeting. Hall moved and Blomquist seconded a motion that the Planning Commission take no action in light of the Council action regarding the Naegele sign at the Council's last meeting on April 18th approving one of the applications, that the Council did not appear to con- sider the Planning Commission findings and apparently did not act on the variance regarding the sign approved at Blackhawk Road and Highway 1113. All members voted -2- in favor. • • 4-25-78 PUBLIC HEARING, ROY W. KOEHNEN REZONING. The next public hearing convened dealt with the application of Roy W. Koehnen to rezone from Agricultural to I-1 Limited Industrial an 8 acre site at the Southwest corner of Trunk Highway #3 and County Road #30. A number of neighboring property owners were present. Mr. Koehnen had requested a continuance of the hearing. Harrison moved and Hall seconded a motion, with all members voting yea, to continue the hearing to May 23, 1978, at the City Hall. CAMERON DEVELOPMENT COMPANY REZONING AND PRELIMINARY PLAT APPROVAL. The con- tinued public hearings concerning the applications of Cameron Development Company to rezone from R-4 Residential Multiple to R-2 Planned Development and for pre- liminary plat approval of Cameron Court in Section 9 Northeast of Donald Avenue and Yankee Doodle Road were next convened by the Chairman. Mr. Dick Grekoff appeared as the owner and developer of the property. It was noted that several variances were required according to the Planner's report of April 19, 1978. Mr. and Mrs. Tom Giguere appeared in opposition as did a number of other neighboring residential owners. They cited Donald Avenue traffic problems, the poor access to the North from the cul-de-sac, the length of the cul-de-sac and suggested the development was too intensive. It was noted the development would include about 7;1 units per acre. The staff recommended a 28 foot private street. Mr. Cameron had withdrawn the rezoning application at the April 11, 1978 APC meeting. It was noted that play area is planned in Phase 4 of the project. Mr. Hedtke favored additional parks in the area, but stated that most of the requirements had been complied with by the applicant. A number of Planning Commission members were con- cerned about the location of park and recreation facilities in the area. Blomquist moved and Hedtke seconded a motion to continue the hearing until the next regular meeting on May 23rd and requested that the staff review the park and playground facilities in the general area. All members voted yes. PATTI HOMES CONDITIONAL USE -PERMIT. The next public hearing regarded the -3- 4-25-78 application of Patti Hot, Inc. for conditional use perls to operate a mobile home sales lot on the McKee property at 2811 East Highway 1155. John Darling and Mr. Nick Patti appeared for the applicants. The former location was at Cedar Avenue and Highway 1113, now acquired by MN/DOT. The 1.85 acre site was formerly used by Instant Homes and there will be a maximum of 18 mobile and modular homes on the sales lot at one time. Mr. Patti indicated that he agreed with all the proposed conditions in the Planner's report of April 20th and stated there would be no maintenance material stored on the property. There were no objections to the application. Hall moved and Dembroski seconded the motion to recommend ap- proval of the application subject to the recommendations of the Planner, includ- ing the following: a) The mobile homes shall be set back a minimum of ten feet from the Highway 1155 right-of-way line and a minimum of five feet from the South and North lot line. b) A maximum of 18 mobile homes shall be permitted on the sales lot at any time. c) There shall be no persons living in any of the homes at this site and only a sales office in one of the homes shall be permitted. d) Towing vehicles (trucks) shall not be stored on sales lot. e) Within two years, a minimum of six parking spaces shall be surfaced with asphalt and the remainder of the lot shall be maintained with a gravel surface at all times. f) Temporary signs (such as banners) shall only be permitted as stated in Ordinance No. 16.071 or subsequent revisions thereto. g) All maintenance materials shall be screened from public view along T.H. 1155 and the site shall be maintained in a neat and orderly manner at all times. h) The Conditional Use Permit shall be granted for a maximum period of five years provided all of the above conditions are met at all times. i) The staff will make an annual review and report to the Planning Commission on the condition of the property including landscaping and parking. All members voted yes. FRANK KNOLL WAIVER OF PLAT. The public hearing regarding the application of Frank Knoll for waiver of plat requirements for Lot 1, Carlson Acres on County -4- 4-25-78 Road.#30 was next openeO Mr. Knoll was present and inoted his request to split the lot to permit two dingle family dwellings. Hall moved and Dembroski seconded a motion> with all members voting in favor, to recommend approval of the waiver, subject to the conditions of the Planner, including access to the newly created lot should be approved by the Dakota County Plat Commission, that the $120 park contribution be paid for the newly created lot, and that the new lot would be subject to the normal assessment for sewer and water area charges. DON CHRISTIANSON REZONING AND PRELIMINARY PLAT. The public hearing relating to Don Christianson's applications for rezoning from AgriculturalR-1 ingle Family and preliminary plat approval of proposed Buffer Hills was convened by Chairman Harrison. The 6.5 acre parcel was requested to be rezoned from R-1 and Agricultural to R-3 Residential Townhouse and the plat would include 7 lots, in- cluding single family units, duplexes and townhouses. Lots 1, 6 and 7 are pro- posed for duplexes, and at present there are four single family homes on the lots proposed to be included within the plat. It was noted a 75 foot half right-of- way will be dedicated along Pilot Knob Road. Hedtke moved and Dembroski seconded a motion to recommend approval of the rezoning from Agricultural and R-1 to R-3 Residential Townhouse. All members voted in favor. Hedtke then moved and Hall seconded a motion to recommend approval of the preliminary plat of Buffer Hills subject to the following conditions: a) That a 75' half right-of-way be dedicated along Pilot Knob Road. ✓b) That access to Lot 4 be approved by the Dakota County Plat Commission. c) That the proposed street should not be shown as an outlot, but should be dedicated to the City at the time of final platting. ✓d) There should be no direct access to Pilot Knob Road except for Lot 4. ✓e) That an EAW has been submitted to the City for review and comment. LJ) A grading plan should be approved by the City Engineer and drainage ease- ments should also be provided on the lot lines. A) That park dedication requirements be subject to regulations in existence at time of the contribution. -5- • 4-25-78 h) South line of L• 2 be moved South to comply witlo rdinance at setback. ROBERT CLARK VARIANCES. The hearing next convened regarded the application of Robert Lewis Clark, 3656 Riverton, for variance under Ordinance 52.07, Subd. 4 to C-6 to allow four dogs in a residential area and a variance under Ordinance 5.04 Subd. 1 from the minimum 5 acre Agriculturally zoned land to permit a 1 kennel permit. In addition, the applicant will require a kennel permit. Mr. Clark was present as were three neighboring property owners,eech of whom objected to the variances. Mr. Clark stated that he would not have a commercial kennel, but he expects that there will only be three dogs left within a short period of time. His area is fenced and he submitted a list of names from 11 neighboring residents not objecting, to the application. There was no motion on behalf of the Planning Commission and members recommended to the Council that the Planning Commission not review these kinds of variances in light of the development pro- jects that appear to require its attention; further, that there would appear to be a precedent set in the event the variances were approved; and there did not appear to be a hardship on behalf of the applicant. The Chairman indicated no motion was submitted and, therefore, the application would be recommended for denial. KENNETH FLEMING VARIANCE. Mr. Kenneth Fleming appeared on behalf of .his application for variance under Ordinance #52 for front yard setback for Single Family addition on Lot 7, Block 7, Country Home Heights, at 2832 Beam Lane. It was noted that the variance required was 18 feet under Ordinance 52.06 Subd. 19(b). Mr. Harrison did not act or vote on the issue indicating he was a neighbor of Mr. Fleming. Member Blomquist acted as temporary chairman on this application. It was noted there would still be a setback of 89 feet and there were no objections from neighboring property owners. Hall moved and Hedtke seconded the motion to recommend approval of the 18 foot variance, indicating that the hardship included the fact that trees would be saved with the addition in the proposed location. All members voted in favor. -6- 4-25-78 HARDEE'S RESTAURANT•Mr. Iran Dolan and Mr. Jim Durno appeared informally regarding a proposed Hardee's restaurant at the Southwest corner of Cedar Avenue ,na cliff nvad in cne LB area which is intended to include a Mr. Steak restaurant also. The staff requested a recommendation from the Planning Commission regard- ing the nature of the application, indicating Class 1 restaurants are permitted only by conditional use in the Limited Business district and that the Hardee restaurant would not completely comply with the definition of Class 1 restaurants under Ordinance 1152. It was noted the Hardee restaurant would conform in most respects to the proposed Mr. Steak restaurant. The Planning Commission members generally indicated they would not recommend an amendment to the ordinance to broaden the definition of Class 1 restaurants, but that it was suggested that a conditional use permit application be submitted by the applicant to guarantee that the intent of the ordinance, including architecture, seating, etc., is complied with. CARL OLSON TOWNHOUSE PROJECT. An informal request from Mr. Carl Olson re- garding a proposed townhouse project in Section 10 East of Pilot Knob Road was stricken at the request of Mr. Olson. MALLARD PARK IST ADDITION. Mr. Pat Kerwan appeared indicating he was the purchaser of the Mallard Park 1st Addition which had recently been platted. He indicated that his proposal was to change two property lines and thereby permit duplex and townhouse construction within the platted area. It was noted that the application of Willmus Properties for plat approval stated that Single Family development would take place on the property zoned R-4, the utilities installed were for Single Family purposes and some of the lots don't comply for duplex and townhouse development. The Planning Commission recommended that the owner submit a new application for the development of duplexes and townhouses. PROCEDURES MANUAL. The Planning Commission members discussed the proposed Procedures Manual prepared by the staff. Hedtke moved and Blomquist seconded a motion, with all members voting in favor, to recommend approval of the Procedures -7- Manual to the City Count. ORDINANCE #16, SIGNS ORDINANCE. 4-25-78 J After discussion, Hedtke moved to amend Ordinance #16 according to the proposal submitted by Mr. Hedtke to the Planning Commission with advertising signs at a maximum of 60 square feet. Blomquist seconded the motion. Those in favor were Hedtke and Blomquist. No were Hall and Harrison. Dembroski abstained, and the motion lost. Harrison then moved that Mr. Hedtke present his proposals to the City Council and recommend the Council request the staff to study the proposed changes and to make recommenda- tions to the APC and Council. Yes: Blomquist, Hedtke and Harrison. No: Hall, who stated that the Planning Commission had not as yet made recommendations re- garding changes. Dembroski abstained. ROBERT ERICKSON, 1455 LONE OAK ROAD. Mr. Robert (Sandy) Erickson appeared requesting informally whether the Planning Commission would object to granting a variance to permit an access to the North portion of Lot 11, Zehnder Acres North of Lone Oak Road for a single family home. The Commission members discussed with the staff an earlier proposal for future development of the general area and the staff was requested to review the plan with Mr. Erickson. MEADOW RIDGE TO[*1HOUSES. City Zoning Administrator Runkle stated that the developer of the proposed Meadow Ridge Townhouse project, Mr. Lou Lundgren, con- sisting of a 77 unit multi -family project in R-4 zoned area had requested build- ing permits from the City. It appeared that the APC and Council had been inform- ally approached several times over the last three years and that no formal re- quest for approval of the project had been submitted to the City. Harrison moved and Blomquist seconded a motion to request that the owner -developer submit an application under Ordinance 152 for approval of the development plan for the project. All members voted in favor. ADJOURNMENT. Upon motion duly made and seconded, the meeting adjourned at approximately 12:15 p.m. PHH DATED: April 25, 1978 -8- City Clerk MINUTES OF A REGULAR &TING OF THE EAGAN ADVISORY PLAMNG COvLkaSSION EAGA I, 11INNESOTA APRIL 25, 1978 A regular meeting of the Eagan Advisory Planning Commission was held on April 25, 1978, at 7:00 p.m. at the City Hall. Those present were: Chairman Harrison, Members Blomquist, Hall, Dembroski and Hedtke. Also present were: City Planner Voss, City Engineer Rosene, City Administrator Hedges, Zoning Administrator Runkle and City Attorney Hauge. PLEDGE OF ALLEGIANCE AND AGENDA. After the Pledge of Allegiance, the Chairman acquired approval from the Planning Commission members for several additions to the agenda: a) Mr. Diffendorfer for variance in Timberline Addition; b) Mr. Sandy Erickson to discuss variance on Lot 11, Zehnder Acres; c) Discussion relative to Lou Lundgren request for building permits for Section 8 in Fox Ridge Addition; d) Eagan School Site Committee report. MINUTES. Upon motion duly made and seconded, it was RESOLVED that the minutes of the April 11, 1978, meeting be approved with the exception on page 7 relating to Eagan Construction Co. public hearing, Hall voted no because he felt there was not sufficient research and input, with the rest stricken. BOWLING ALLEY CONDITIONAL USE PERMIT FOR LIQUOR. The Chairman then convened the public hearing regarding Peter Cordes and Eugene Sell application for condi- tional use permit for on -sale liquor for the proposed bowling alley establishment on Lot 1, Block 2, Fox Ridge Addition North of Yankee Doodle Road. Mr. Cordes and Mr. Sell were present as was Jean Parranto representing the proposed developer of the project. A letter from a representative of Univac indicating no objection and response from Blue Cross indicating support of the project were reviewed. The applicants indicated that the bar will not be open when junior leagues are using the lanes. Certain neighboring property owners and a number of apartment tenants were present objecting to the application. A petition of about 100 tenants in 4-25-78 neighboring apartment buildings opposing the bowling allelband liquor license was submitted. Objections included excessive liquor licenses in the general area, potential juvenile problems, traffic hazard and volume and the residential charac- ter of the neighborhood. Member Blomquist indicated a positive response from res- idents concerning the need for a bowling alley in the area. There was also dis- cussion concerning other liquor license regulations. Hall moved and Harrison seconded a motion to recommend that the application be denied for reasons includ- ing the fact that on -sale liquor does not appear to be appropriate in a Neighbor- hood Business district and potential possibility of liquor license applications in other NB zoned areas, the possible precedent involved, and that this residen- tial area did not appear to be a proper location for a liquor establishment. Chairman Harrison's reasons included the fact that he felt the location was wrong, it was too close to residential development. Those in favor of the motion were Hall, Harrison and Dembroski. Abstaining were Hedtke and Blomquist. Mr. Hedtke stated that he had abstained for the reason that the Council could act independently without a recommendation. NAEGELE OUTDOOR ADVERTISING COMPANY CONDITIONAL USE PERMIT. The continued public hearing regarding the application of Naegele Outdoor Advertising Company for conditional use permit for 10' xy.' pylon advertising sign on Yankee Doodle Road East of Pilot Knob Road consisting of Sign C in its original application was next convened. Mr. Dan Henjum appeared for the applicant and stated the location would not be on proposed 135E right of way and is within CSC zoning. It was noted the fact finding procedures had not been completed as requested by the Planning Commission at its previous meeting. Hall moved and Blomquist seconded a motion that the Planning Commission take no action in light of the Council action regarding the Naegele sign at the Council's last meeting on April 18th approving one of the applications, that the Council did not appear to con- sider the Planning Commission findings and apparently did not act on the variance regarding the sign approved at Blackhawk Road and Highway 1113. All members voted -2- in favor. • • 4-25-78 PUBLIC HEARING, ROY W. KOEHNEN REZONING. The next public hearing convened dealt with the application of Roy W. Koehnen to rezone from Agricultural to I-1 Limited Industrial an 8 acre site at the Southwest corner of Trunk Highway #3 and County Road #30. A number of neighboring property owners were present. Mr. Koehnen had requested a continuance of the hearing. Harrison moved and Hall seconded a motion, with all members voting yea, to continue the hearing to May 23, 1978, at the City Hall. CAMERON DEVELOPMENT COMPANY REZONING AND PRELIMINARY PLAT APPROVAL. The con- tinued public hearings concerning the applications of Cameron Development Company to rezone from R-4 Residential Multiple to R-2 Planned Development and for pre- liminary plat approval of Cameron Court in Section 9 Northeast of Donald Avenue and Yankee Doodle Road were next convened by the Chairman. Mr. Dick Grekoff appeared as the owner and developer of the property. It was noted that several variances were required according to the Planner's report of April 19, 1978. Mr. and Mrs. Tom Giguere appeared in opposition as did a number of other neighboring residential owners. They cited Donald Avenue traffic problems, the poor access to the North from the cul-de-sac, the length of the cul-de-sac and suggested the development was too intensive. It was noted the development would include about 7;1 units per acre. The staff recommended a 28 foot private street. Mr. Cameron had withdrawn the rezoning application at the April 11, 1978 APC meeting. It was noted that play area is planned in Phase 4 of the project. Mr. Hedtke favored additional parks in the area, but stated that most of the requirements had been complied with by the applicant. A number of Planning Commission members were con- cerned about the location of park and recreation facilities in the area. Blomquist moved and Hedtke seconded a motion to continue the hearing until the next regular meeting on May 23rd and requested that the staff review the park and playground facilities in the general area. All members voted yes. PATTI HOMES CONDITIONAL USE -PERMIT. The next public hearing regarded the -3- 4-25-78 application of Patti Hot, Inc. for conditional use perls to operate a mobile home sales lot on the McKee property at 2811 East Highway 1155. John Darling and Mr. Nick Patti appeared for the applicants. The former location was at Cedar Avenue and Highway 1113, now acquired by MN/DOT. The 1.85 acre site was formerly used by Instant Homes and there will be a maximum of 18 mobile and modular homes on the sales lot at one time. Mr. Patti indicated that he agreed with all the proposed conditions in the Planner's report of April 20th and stated there would be no maintenance material stored on the property. There were no objections to the application. Hall moved and Dembroski seconded the motion to recommend ap- proval of the application subject to the recommendations of the Planner, includ- ing the following: a) The mobile homes shall be set back a minimum of ten feet from the Highway 1155 right-of-way line and a minimum of five feet from the South and North lot line. b) A maximum of 18 mobile homes shall be permitted on the sales lot at any time. c) There shall be no persons living in any of the homes at this site and only a sales office in one of the homes shall be permitted. d) Towing vehicles (trucks) shall not be stored on sales lot. e) Within two years, a minimum of six parking spaces shall be surfaced with asphalt and the remainder of the lot shall be maintained with a gravel surface at all times. f) Temporary signs (such as banners) shall only be permitted as stated in Ordinance No. 16.071 or subsequent revisions thereto. g) All maintenance materials shall be screened from public view along T.H. 1155 and the site shall be maintained in a neat and orderly manner at all times. h) The Conditional Use Permit shall be granted for a maximum period of five years provided all of the above conditions are met at all times. i) The staff will make an annual review and report to the Planning Commission on the condition of the property including landscaping and parking. All members voted yes. FRANK KNOLL WAIVER OF PLAT. The public hearing regarding the application of Frank Knoll for waiver of plat requirements for Lot 1, Carlson Acres on County -4- 4-25-78 Road.#30 was next openeO Mr. Knoll was present and inoted his request to split the lot to permit two dingle family dwellings. Hall moved and Dembroski seconded a motion> with all members voting in favor, to recommend approval of the waiver, subject to the conditions of the Planner, including access to the newly created lot should be approved by the Dakota County Plat Commission, that the $120 park contribution be paid for the newly created lot, and that the new lot would be subject to the normal assessment for sewer and water area charges. DON CHRISTIANSON REZONING AND PRELIMINARY PLAT. The public hearing relating to Don Christianson's applications for rezoning from AgriculturalR-1 ingle Family and preliminary plat approval of proposed Buffer Hills was convened by Chairman Harrison. The 6.5 acre parcel was requested to be rezoned from R-1 and Agricultural to R-3 Residential Townhouse and the plat would include 7 lots, in- cluding single family units, duplexes and townhouses. Lots 1, 6 and 7 are pro- posed for duplexes, and at present there are four single family homes on the lots proposed to be included within the plat. It was noted a 75 foot half right-of- way will be dedicated along Pilot Knob Road. Hedtke moved and Dembroski seconded a motion to recommend approval of the rezoning from Agricultural and R-1 to R-3 Residential Townhouse. All members voted in favor. Hedtke then moved and Hall seconded a motion to recommend approval of the preliminary plat of Buffer Hills subject to the following conditions: a) That a 75' half right-of-way be dedicated along Pilot Knob Road. ✓b) That access to Lot 4 be approved by the Dakota County Plat Commission. c) That the proposed street should not be shown as an outlot, but should be dedicated to the City at the time of final platting. ✓d) There should be no direct access to Pilot Knob Road except for Lot 4. ✓e) That an EAW has been submitted to the City for review and comment. LJ) A grading plan should be approved by the City Engineer and drainage ease- ments should also be provided on the lot lines. A) That park dedication requirements be subject to regulations in existence at time of the contribution. -5- • 4-25-78 h) South line of L• 2 be moved South to comply witlo rdinance at setback. ROBERT CLARK VARIANCES. The hearing next convened regarded the application of Robert Lewis Clark, 3656 Riverton, for variance under Ordinance 52.07, Subd. 4 to C-6 to allow four dogs in a residential area and a variance under Ordinance 5.04 Subd. 1 from the minimum 5 acre Agriculturally zoned land to permit a 1 kennel permit. In addition, the applicant will require a kennel permit. Mr. Clark was present as were three neighboring property owners,eech of whom objected to the variances. Mr. Clark stated that he would not have a commercial kennel, but he expects that there will only be three dogs left within a short period of time. His area is fenced and he submitted a list of names from 11 neighboring residents not objecting, to the application. There was no motion on behalf of the Planning Commission and members recommended to the Council that the Planning Commission not review these kinds of variances in light of the development pro- jects that appear to require its attention; further, that there would appear to be a precedent set in the event the variances were approved; and there did not appear to be a hardship on behalf of the applicant. The Chairman indicated no motion was submitted and, therefore, the application would be recommended for denial. KENNETH FLEMING VARIANCE. Mr. Kenneth Fleming appeared on behalf of .his application for variance under Ordinance #52 for front yard setback for Single Family addition on Lot 7, Block 7, Country Home Heights, at 2832 Beam Lane. It was noted that the variance required was 18 feet under Ordinance 52.06 Subd. 19(b). Mr. Harrison did not act or vote on the issue indicating he was a neighbor of Mr. Fleming. Member Blomquist acted as temporary chairman on this application. It was noted there would still be a setback of 89 feet and there were no objections from neighboring property owners. Hall moved and Hedtke seconded the motion to recommend approval of the 18 foot variance, indicating that the hardship included the fact that trees would be saved with the addition in the proposed location. All members voted in favor. -6- 4-25-78 HARDEE'S RESTAURANT•Mr. Iran Dolan and Mr. Jim Durno appeared informally regarding a proposed Hardee's restaurant at the Southwest corner of Cedar Avenue ,na cliff nvad in cne LB area which is intended to include a Mr. Steak restaurant also. The staff requested a recommendation from the Planning Commission regard- ing the nature of the application, indicating Class 1 restaurants are permitted only by conditional use in the Limited Business district and that the Hardee restaurant would not completely comply with the definition of Class 1 restaurants under Ordinance 1152. It was noted the Hardee restaurant would conform in most respects to the proposed Mr. Steak restaurant. The Planning Commission members generally indicated they would not recommend an amendment to the ordinance to broaden the definition of Class 1 restaurants, but that it was suggested that a conditional use permit application be submitted by the applicant to guarantee that the intent of the ordinance, including architecture, seating, etc., is complied with. CARL OLSON TOWNHOUSE PROJECT. An informal request from Mr. Carl Olson re- garding a proposed townhouse project in Section 10 East of Pilot Knob Road was stricken at the request of Mr. Olson. MALLARD PARK IST ADDITION. Mr. Pat Kerwan appeared indicating he was the purchaser of the Mallard Park 1st Addition which had recently been platted. He indicated that his proposal was to change two property lines and thereby permit duplex and townhouse construction within the platted area. It was noted that the application of Willmus Properties for plat approval stated that Single Family development would take place on the property zoned R-4, the utilities installed were for Single Family purposes and some of the lots don't comply for duplex and townhouse development. The Planning Commission recommended that the owner submit a new application for the development of duplexes and townhouses. PROCEDURES MANUAL. The Planning Commission members discussed the proposed Procedures Manual prepared by the staff. Hedtke moved and Blomquist seconded a motion, with all members voting in favor, to recommend approval of the Procedures -7- Manual to the City Count. ORDINANCE #16, SIGNS ORDINANCE. 4-25-78 J After discussion, Hedtke moved to amend Ordinance #16 according to the proposal submitted by Mr. Hedtke to the Planning Commission with advertising signs at a maximum of 60 square feet. Blomquist seconded the motion. Those in favor were Hedtke and Blomquist. No were Hall and Harrison. Dembroski abstained, and the motion lost. Harrison then moved that Mr. Hedtke present his proposals to the City Council and recommend the Council request the staff to study the proposed changes and to make recommenda- tions to the APC and Council. Yes: Blomquist, Hedtke and Harrison. No: Hall, who stated that the Planning Commission had not as yet made recommendations re- garding changes. Dembroski abstained. ROBERT ERICKSON, 1455 LONE OAK ROAD. Mr. Robert (Sandy) Erickson appeared requesting informally whether the Planning Commission would object to granting a variance to permit an access to the North portion of Lot 11, Zehnder Acres North of Lone Oak Road for a single family home. The Commission members discussed with the staff an earlier proposal for future development of the general area and the staff was requested to review the plan with Mr. Erickson. MEADOW RIDGE TO[*1HOUSES. City Zoning Administrator Runkle stated that the developer of the proposed Meadow Ridge Townhouse project, Mr. Lou Lundgren, con- sisting of a 77 unit multi -family project in R-4 zoned area had requested build- ing permits from the City. It appeared that the APC and Council had been inform- ally approached several times over the last three years and that no formal re- quest for approval of the project had been submitted to the City. Harrison moved and Blomquist seconded a motion to request that the owner -developer submit an application under Ordinance 152 for approval of the development plan for the project. All members voted in favor. ADJOURNMENT. Upon motion duly made and seconded, the meeting adjourned at approximately 12:15 p.m. PHH DATED: April 25, 1978 -8- City Clerk