Minneapolis City Planning Commission Actions

See agenda for this meeting.

Regular Meeting

Monday, September 22, 2008

4:30 p.m. - Room 317, City Hall, Minneapolis, Minnesota

Commissioners present: President Motzenbecker, Gorecki, Huynh, LaShomb, Luepke-Pier, Norkus-Crampton, Schiff, Tucker and Williams – 9

Not present: Nordyke

Committee Clerk: Lisa Baldwin (612) 673-3710

Call to order

Approval of the Agenda

Committee of the Whole Consent Agenda

None. The next Committee of the Whole meeting is September 25, 2008.

Action Item

  1. Approve written reason for denial of a variance application for the property located at 4419 France Ave S, 3815 Sunnyside Ave and 3724 W 45th St from the September 8, 2008 CPC meeting.
  2. 1. The City Planning Commission approved the written reason for denial of a variance application for the property located at 4419 France Ave S, 3815 Sunnyside Ave and 3724 W 45th St from the September 8, 2008 CPC meeting.

    Public Hearings

    Introduction to the Public Hearing

    1. Impact Mailing (PL-226, Ward: 4), 4492 -4640 Lyndale Ave N ( Janelle Widmeier).

    staff report

    Action: The City Planning Commission adopted the findings and approved the final plat application for property located at 4492½ - 4640 Lyndale Ave N.

    2. CorePower Yoga (BZZ-4184, Ward: 2), 210-212 Ontario St SE ( Shanna Sether).

    staff report

    A. Conditional Use Permit: Application by Kristy Litwinczuk of CorePower Yoga, on behalf of Stadium Village Mall, LLC, for a conditional use permit to allow for a major sports and health facility for the property located at 210-2 Ontario St SE in the C3A Community Activity Center District and PO Pedestrian Oriented Overlay District.

3. Edison High School (BZZ-4148, Ward: 1), 2030 Monroe St NE ( Hilary Dvorak).

staff report

A. Conditional Use Permit: Application by Steve Stulz with ProSource Technologies, on behalf of AT&T Wireless, for a conditional use permit to allow for the construction and maintenance of a 90-foot telecommunications tower to be located on the property located at 2030 Monroe St NE.

Action: The City Planning Commission adopted the findings and approved the conditional use permit application to allow for the construction and maintenance of a 90-foot telecommunications tower located at 2030 Monroe St NE subject to the following conditions:

1. The conditional use permit shall be recorded with Hennepin County as required by Minn. Stat. 462.3595, subd. 4 before building permits may be issued or before the use or activity requiring a conditional use permit may commence. Unless extended by the zoning administrator, the conditional use permit shall expire if it is not recorded within one year of approval.

2. The tower and base equipment enclosure shall maintain a five-foot interior side yard setback

3. The telecommunications tower, antennas and base equipment enclosure shall be painted dark brown to ensure compatibility with the existing light poles located around the perimeter of the athletic facility.

4. The Spyhouse Coffee Shop (BZZ-4192, Ward: 10), 2404 Hennepin Ave S ( Kimberly Holien).

staff report

A. Conditional Use Permit: Application by Christian Johnson for a conditional use permit to allow extended hours of operation until 12:00 midnight every day of the week for a coffee shop in an existing structure at 2404 Hennepin Ave S.

Action: The City Planning Commission adopted the findings and approved the extended hours until 12:00 midnight each day of the week for a coffee shop located at the property of 2404 Hennepin Ave S, subject to the following condition:

1. The conditional use permit shall be recorded with Hennepin County as required by Minn. Stat. 462.3595, subd. 4 before building permits may be issued or before the use or activity requiring a conditional use permit may commence. Unless extended by the zoning administrator, the conditional use permit shall expire if it is not recorded within one year of approval.

2. Outdoor seating shall be restricted to the hours allowed in the C2 District, which is to close at 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday.

5. Aspen Waste Systems (BZZ-4170, Ward: 2), 2951 Weeks Ave SE ( Shanna Sether).

staff report

A. Conditional Use Permit: Application by Marvin Vikla, on behalf of Aspen Waste Systems, Inc. for a conditional use permit for the property located at 2951 Weeks Ave SE in the I2 Medium Industrial District.

Action: The City Planning Commission adopted the findings and approved the conditional use permit to allow for an addition to an existing building, a new building and a new diesel truck refueling facility and canopy to an existing waste hauler in the I2 Medium Industrial District located at 2951 Weeks Ave SE, subject to the following conditions:

1. The conditional use permit shall be recorded with Hennepin County as required by Minn. Stat. 462.3595, subd. 4 before building permits may be issued or before the use or activity requiring a conditional use permit may commence. Unless extended by the zoning administrator, the conditional use permit shall expire if it is not recorded within one year of approval.

2. The conditional use shall comply with the specific development standards for waste hauler in Chapter 536 of the zoning code.

B. Site Plan Review: Application by Marvin Vikla, on behalf of Aspen Waste Systems, Inc. for a site plan review for the property located at 2951 Weeks Ave SE in the I2 Medium Industrial District.

Action: The City Planning Commission adopted the findings and approved the site plan review application for property located at 2951 Weeks Ave SE, subject to the following conditions:

1. CPED Planning staff review and approval of the final site, elevations and landscaping plans for exterior materials and window requirements.

2. All site improvements shall be completed by September 22, 2009, unless extended by the Zoning Administrator, or the permit may be revoked for noncompliance.

3. Blank, uninterrupted walls that do not include windows, entries, recesses or projections, or other architectural elements, shall not exceed twenty five (25) feet in length along the West and South elevations of the proposed new structure, as required by section 530.120 of the zoning code.

4. At least 20,280 square feet of landscaped area shall be provided on-site as required by section 530.160 of the zoning code. The applicant is encouraged to plant native grasses and perennials in addition to the required trees and shrubs.

6. HHS-Hennepin County Medical Center (BZZ-4186, Ward: 7), 701 Park Ave and 716 7 th St S ( Jessica Thesing).

staff report

A. Conditional Use Permit: Application by Ross Carlson on behalf of HHS-Hennepin County Medical Center for a conditional use permit to allow a wall sign notwithstanding the height and area limits of Table 543-3, Specific Standards for Signs in the Downtown Districts, to allow wall signs that are approximately 450 square feet and installed at a height approximately 41 feet above gradeis to be located at 716 7th St S.

Action: The City Planning Commission adopted the findings and approved the conditional use permit application to allow a wall sign notwithstanding the height and area limits of Table 543-3, Specific Standards for Signs in the Downtown Districts, to allow a wall sign that is approximately 450 square feet and installed at a height approximately 41 feet above grade located at the properties of 701 Park Ave and 716 7th St S subject to the following condition:

B. Variance: Application by Ross Carlson on behalf of HHS-Hennepin County Medical Center for a variance to exceed the square footage permitted under the conditional use permit from 300 to 450 square feet for property located at 716 7th St S.

Action: The City Planning Commission adopted the findings and approved the variance application to exceed the square footage permitted under the conditional use permit from 300 to 450 square feet located at the properties of 701 Park Ave and 716 7th St S subject to the following condition:

1. All final plans including any changes to the master sign plan shall be submitted to the Minneapolis Planning Division for review and approval.

C. Variance: Application by Ross Carlson on behalf of HHS-Hennepin County Medical Center for a variance to increase the allowed square footage and height of a projecting sign as set forth in Table 543-3 from 48 square feet to 75 square feet and placed higher than 24 feet from grade for property located at 716 7th St S.

Action: The City Planning Commission adopted the findings and approved the variance application to increase the allowed square footage and height of a projecting sign as set forth in Table 543-3 from 48 square feet to 75 square feet and placed higher than 24 feet from grade located at the properties of 701 Park Ave and 716 7th St S subject to the following condition:

7. HCMC Family Medical Center (BZZ-4145, Ward: 6), 1 28th St W, 11 28th St W and 2815 Blaisdell Ave ( Becca Farrar). This item was continued from the August 18, 2008 meeting.

staff report

A. Variance: Application by Hennepin County Medical Center (HCMC) for a variance of several of the Pedestrian Oriented Overlay District Standards as well as the specific provisions outlined for the Nicollet Franklin area for the properties located at 1 28 th St W, 11 28 th St W and 2815 Blaisdell Ave.

B. Site Plan Review: Application by Hennepin County Medical Center (HCMC) for a site plan review for a 2-floor or 43 foot tall medical clinic for the properties located at 1 28 th St W, 11 28 th St W and 2815 Blaisdell Ave.

Action: The City Planning Commission denied the site plan review application for property located at 1 28th St W, 11 28th St W and 2815 Blaisdell Ave.

8. Cedar and Lake Shopping Center (BZZ-4124, Ward: 9), 1825 E Lake St, 3005 and 3015 Cedar Ave S ( Shanna Sether).

staff report

A. Conditional Use Permit: Application by Suad Hassan/City Market and Halal Meat, Inc., on behalf of Cedar-Lake Revival, LLC, for a conditional use permit to allow for a shopping center in an existing building for the property located at 1825 E Lake St, 3005 and 3015 Cedar Ave S in the C2 Neighborhood Corridor Commercial District and PO Pedestrian Oriented Overlay District.

Action: The City Planning Commission adopted the findings and approved the application for a conditional use permit to allow a shopping center for the properties located at 1825 E Lake St, 3005 and 3015 Cedar Ave S in the C2 Neighborhood Corridor Commercial District and PO Pedestrian Oriented Overlay District, subject to the following conditions:

1. The applicant will meet the specific development standards for Shopping Center in section 536.20 of the zoning code.

2. The conditional use permit shall be recorded with Hennepin County as required by Minn. Stat. 462.3595, subd. 4 before building permits may be issued or before the use or activity requiring a conditional use permit may commence. Unless extended by the zoning administrator, the conditional use permit shall expire if it is not recorded within one year of approval.

B. Conditional Use Permit: Application by Suad Hassan/City Market and Halal Meat, Inc., on behalf of Cedar-Lake Revival, LLC, for a conditional use permit to allow for extended hours of operation from 6:00am to 10:00pm Sunday through Thursday and 6:00am to 11:00pm Friday and Saturday to 2:00 am, seven days a week for a reception and meeting hall for the property located at 1825 E Lake St, 3005 and 3015 Cedar Ave S in the C2 Neighborhood Corridor Commercial District and PO Pedestrian Oriented Overlay District.

Action: The City Planning Commission adopted the findings and denied the conditional use permit to allow for extended hours of operation from 6:00am to 10:00pm Sunday through Thursday and 6:00am to 11:00pm Friday and Saturday to 2:00 am, seven days a week for a reception and meeting hall for the properties located at 1825 E Lake St, 3005 and 3015 Cedar Ave S in the C2 Neighborhood Corridor Commercial District and PO Pedestrian Oriented Overlay District.

C. Variance: Application by Suad Hassan/City Market and Halal Meat, Inc., on behalf of Cedar-Lake Revival, LLC, for a variance to reduce the minimum off-street parking requirement for a shopping center from 121 parking stalls to 55 parking stalls, where four stalls are provided and 51 stalls are grandfathered for the property located at 1825 E Lake St, 3005 and 3015 Cedar Ave S in the C2 Neighborhood Corridor Commercial District and PO Pedestrian Oriented Overlay District.

Action: The City Planning Commission adopted the findings and denied the variance to reduce the minimum off-street parking requirement for a shopping center from 121 parking stalls to 55 parking stalls, where four stalls are provided and 51 stalls are grandfathered for the properties located at 1825 E Lake St, 3005 and 3015 Cedar Ave S in the C2 Neighborhood Corridor Commercial District and PO Pedestrian Oriented Overlay District.

9. Nicollet Square (BZZ-4181, PL-231 and Vac-1550, Ward: 8), 3700 Nicollet Ave ( Hilary Dvorak).

staff report

A. Conditional Use Permit: Application by Kirk Moorhead, on behalf of Plymouth Church Neighborhood Foundation, for a conditional use permit for a 42-unit supporting housing facility for the property located at 3700 Nicollet Ave.

Action: The City Planning Commission adopted the findings and approved the conditional use permit for a 42-unit supporting housing facility located at 3700 Nicollet Ave subject to the following conditions:

1. The conditional use permit shall be recorded with Hennepin County as required by Minn. Stat. 462.3595, subd. 4 before building permits may be issued or before the use or activity requiring a conditional use permit may commence. Unless extended by the zoning administrator, the conditional use permit shall expire if it is not recorded within one year of approval.

2. On-site services shall be for residents of the facility only, except where part of a regimen of scheduled post-residential treatment.

B. Variance: Application by Kirk Moorhead, on behalf of Plymouth Church Neighborhood Foundation, for a variance to increase the number of residents in the facility from the maximum of 32 to 42 for the property located at 3700 Nicollet Ave.

Action: The City Planning Commission adopted the findings and approved the variance application to increase the number of residents in the facility from the maximum of 32 to 42 located at 3700 Nicollet Avenue.

C. Variance: Application by Kirk Moorhead, on behalf of Plymouth Church Neighborhood Foundation, for a variance to reduce the front yard setback along Nicollet Ave from the established 42 feet to 3.5 feet for the property located at 3700 Nicollet Ave.

Action: The City Planning Commission adopted the findings and approved the variance application to reduce the front yard setback along Nicollet Ave from the established 42 feet to 3.5 feet located at 3700 Nicollet Ave.

D. Variance: Application by Kirk Moorhead, on behalf of Plymouth Church Neighborhood Foundation, for a variance to reduce the front yard setback along 37th St W from the established 16 feet to 10 feet for the property located at 3700 Nicollet Ave.

Action: The City Planning Commission adopted the findings and approved the variance application to reduce the front yard setback along W 37th St from the established 16 feet to 10 feet located at 3700 Nicollet Ave.

E. Variance: Application by Kirk Moorhead, on behalf of Plymouth Church Neighborhood Foundation, for a variance to reduce the off-street parking requirement from 35 spaces to 26 spaces for the property located at 3700 Nicollet Ave.

Action: The City Planning Commission adopted the findings and approved the variance application to reduce the off-street parking requirement from 35 spaces to 26 spaces located at 3700 Nicollet Ave subject to the following conditions:

1. There shall be a minimum of 12 bicycle parking spaces located along Nicollet Ave.

2. There shall be an enclosed bicycle parking area for the residents located towards the back of the building.

F. Variance: Application by Kirk Moorhead, on behalf of Plymouth Church Neighborhood Foundation, for a variance to increase the size of one neighborhood serving retail sales and services use from the maximum 2,000 square feet to 2,535 square feet for the property located at 3700 Nicollet Ave.

Action: The City Planning Commission adopted the findings and approved the variance application to increase the size of one neighborhood serving retail sales and services use from the maximum 2,000 square feet to 2,535 square feet located at 3700 Nicollet Ave subject to the following conditions:

1. The largest neighborhood serving retail sales and services space within the building shall not exceed 2,535 square feet.

2. If the 2,535 square foot space is utilized as a food and beverage use there shall be no more than 30 seats.

G. Variance: Application by Kirk Moorhead, on behalf of Plymouth Church Neighborhood Foundation, for a variance to increase the maximum permitted height of the wall signs from 14 feet to 16 feet for the property located at 3700 Nicollet Ave.

Action: The City Planning Commission adopted the findings and approved the variance application to increase the maximum permitted height of the wall signs from 14 feet to 16 feet located at 3700 Nicollet Ave subject to the following condition:

1. All of the signs shall be limited to individual letters or elements and shall be either internally or externally illuminated.

H. Site Plan Review: Application by Kirk Moorhead, on behalf of Plymouth Church Neighborhood Foundation, for a site plan review for a new three-story, mixed-use building with three office/commercial spaces on the first floor for the property located at 3700 Nicollet Ave.

Action: The City Planning Commission adopted the findings and approved the site plan review application for the property located at 3700 Nicollet Ave subject to the following conditions:

1. There shall be a minimum of 30 percent windows on the first floor of the building facing the on-site parking lot.

2. At least 30 percent of the window area in the commercial portions of the building facing the public streets shall allow views into and out of the building and be free of shelving, mechanical equipment or other similar fixtures that block views so as to comply with the regulations of Section 530.120 of the zoning code.

3. Approval of the final site, elevation, landscaping and lighting plans by the Department of Community Planning and Economic Development – Planning Division.

4. All site improvements shall be completed by September 22, 2009, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.

5. The proposed Honey Locust trees located in the right-of-way along Nicollet Ave shall be replaced with a different species of canopy trees.

I. Plat: Application by Kirk Moorhead, on behalf of Plymouth Church Neighborhood Foundation, for a preliminary plat for the property located at 3700 Nicollet Ave.

Action: The City Planning Commission adopted the findings and approved the preliminary plat application for the property located at 3700 Nicollet Ave.

J. Vacation: Application by Kirk Moorhead, on behalf of Plymouth Church Neighborhood Foundation, for a vacation (Vac-1550) of the boulevard reserve along Nicollet Ave for the property located at 3700 Nicollet Ave.

Action: The City Planning Commission recommended that the City Council accept the findings and approve the application to vacate all that part of the Boulevard Reserve easement as dedicated in the plat of Park Addition to Minneapolis, being a 20.00 foot strip lying south of the north line of Lot 1 as extended east, and lying north of the south line of Lot 6 as extended east, all according to the plat of record at the Hennepin County Recorders office, Minneapolis, Minnesota.

10. Campus Crossroads (BZZ-4187, Ward: 2), 810, 814 and 818 Washington Ave SE, 307, 309 and 313 Oak St SE, 312 Ontario St SE ( Becca Farrar).

staff report

A. Rezoning: Application by Faegre & Benson on behalf of Opus Northwest, LLC and Opus NWR Development, LLC for a petition to rezone the subject parcels from the C1 (Neighborhood Commercial) and C2 (Neighborhood Corridor Commercial) districts to the C3A (Community Activity Center) district for the properties located at 810, 814 and 818 Washington Ave SE, 307, 309 and 313 Oak St SE, 312 Ontario St SE.

Action: The City Planning Commission recommended that the City Council adopt the findings and approve the rezoning petition to change the zoning classification of the properties located at 810, 814 and 818 Washington Ave SE, 307, 309 and 313 Oak St SE, 312 Ontario St SE to the C3A district.

B. Conditional Use Permit: Application by Faegre & Benson on behalf of Opus Northwest, LLC and Opus NWR Development, LLC for a conditional use permit to allow 177 residential dwelling units for the properties located at 810, 814 and 818 Washington Ave SE, 307, 309 and 313 Oak St SE, 312 Ontario St SE.

Action: The City Planning Commission adopted the findings and approved the application for a conditional use permit to allow 177 dwelling units on the properties located at 810, 814 and 818 Washington Ave SE, 307, 309 and 313 Oak St SE, 312 Ontario St SE subject to the following condition:

1. The conditional use permit shall be recorded with Hennepin County as required by Minn. Stat. 462.3595, subd. 4 before building permits may be issued or before the use or activity requiring a conditional use permit may commence. Unless extended by the zoning administrator, the conditional use permit shall expire if it is not recorded within one year of approval.

C. Conditional Use Permit: Application by Faegre & Benson on behalf of Opus Northwest, LLC and Opus NWR Development, LLC for a conditional use permit to allow an increase in the maximum allowable height from 4 stories or 56 feet to 9 stories or 95 feet for the properties located at 810, 814 and 818 Washington Ave SE, 307, 309 and 313 Oak St SE, 312 Ontario St SE.

Action: The City Planning Commission adopted the findings and approved the application for a conditional use permit to allow an increase in height to 9 stories or 95 feet for the properties located at 810, 814 and 818 Washington Ave SE, 307, 309 and 313 Oak St SE, 312 Ontario St SE subject to the following condition:

1. The conditional use permit shall be recorded with Hennepin County as required by Minn. Stat. 462.3595, subd. 4 before building permits may be issued or before the use or activity requiring a conditional use permit may commence. Unless extended by the zoning administrator, the conditional use permit shall expire if it is not recorded within one year of approval.

D. Variance: Application by Faegre & Benson on behalf of Opus Northwest, LLC and Opus NWR Development, LLC for a variance to allow an increase in the maximum allowable floor area ratio (FAR) to 5.62 for the properties located at 810, 814 and 818 Washington Ave SE, 307, 309 and 313 Oak St SE, 312 Ontario St SE.

Action: The City Planning Commission adopted the findings and approved the application for a variance to allow an increase in the maximum allowable floor area ratio (FAR) to 5.62 for the properties located at 810, 814 and 818 Washington Ave SE, 307, 309 and 313 Oak St SE, 312 Ontario St SE.

E. Variance: Application by Faegre & Benson on behalf of Opus Northwest, LLC and Opus NWR Development, LLC for a variance to allow a reduction in the minimum lot area per dwelling unit from approximately 291 square feet per dwelling unit to 271 square feet per dwelling unit, or a variance of approximately 7% for the properties located at 810, 814 and 818 Washington Ave SE, 307, 309 and 313 Oak St SE, 312 Ontario St SE.

Action: The City Planning Commission adopted the findings and approved the application for a variance to allow a reduction in the minimum lot area per dwelling unit from approximately 291 square feet per dwelling unit to 271 square feet per dwelling unit, or a variance of approximately 7% for the properties located at 810, 814 and 818 Washington Ave SE, 307, 309 and 313 Oak St SE, 312 Ontario St SE.

F. Variance: Application by Faegre & Benson on behalf of Opus Northwest, LLC and Opus NWR Development, LLC for a variance to allow an increase in the maximum allowable retail space for one use from 8,000 square feet to 14,801 square feet for the properties located at 810, 814 and 818 Washington Ave SE, 307, 309 and 313 Oak St SE, 312 Ontario St SE.

Action: The City Planning Commission adopted the findings and approved the application for a variance to allow an increase in the maximum allowable retail space for one use from 8,000 square feet to 14,801 square feet for the properties located at 810, 814 and 818 Washington Ave SE, 307, 309 and 313 Oak St SE, 312 Ontario St SE subject to the following conditions:

1. The ground floor tenant space identified as a pharmacy on submitted floor plans shall have a minimum of 50% transparent windows that are evenly distributed on the north elevation of the structure facing Washington Ave SE.

2. The ground floor east facing building elevation adjacent to the Ontario St SE frontage shall provide the 40% minimum window requirement as well as evenly distributed windows.

3. No shelving, signage, merchandise, newspaper racks or other mechanisms shall be placed in front of the required ground level transparent windows.

G. Variance: Application by Faegre & Benson on behalf of Opus Northwest, LLC and Opus NWR Development, LLC for a variance to reduce the off-street commercial parking requirement to zero for the properties located at 810, 814 and 818 Washington Ave SE, 307, 309 and 313 Oak St SE, 312 Ontario St SE.

Action: The City Planning Commission adopted the findings and approved the application for a variance to reduce the off-street commercial parking requirement from 47 to zero for the properties located at 810, 814 and 818 Washington Ave SE, 307, 309 and 313 Oak St SE, 312 Ontario St SE subject to the following condition:

1. A minimum of four bike racks that accommodate four spaces shall be provided.

H. Variance: Application by Faegre & Benson on behalf of Opus Northwest, LLC and Opus NWR Development, LLC for a variance of the Pedestrian Oriented (PO) Overlay District standards for the properties located at 810, 814 and 818 Washington Ave SE, 307, 309 and 313 Oak St SE, 312 Ontario St SE.

Action: The City Planning Commission adopted the findings and approved the application for a variance of the Pedestrian Oriented (PO) Overlay District standards relating to building placement along Washington Ave SE and width of a singular curb cut to 22 feet for the properties located at 810, 814 and 818 Washington Ave SE, 307, 309 and 313 Oak St SE, 312 Ontario St SE.

I. Variance: Application by Faegre & Benson on behalf of Opus Northwest, LLC and Opus NWR Development, LLC for a variance to reduce the required interior side yards along the north and west property lines adjacent to the existing commercial building located on the northwest corner of the site for the properties located at 810, 814 and 818 Washington Ave SE, 307, 309 and 313 Oak St SE, 312 Ontario St SE.

Action: The City Planning Commission adopted the findings and approved the application for a variance to reduce the required interior side yards along the north and west property lines adjacent to the existing commercial building located on the northwest corner of the site to 10 feet, 3 inches at the closest point adjacent to the west property line and to 11 feet, 3 inches at the closest point on the north property line for the properties located at 810, 814 and 818 Washington Ave SE, 307, 309 and 313 Oak St SE, 312 Ontario St SE.

J. Variance: Application by Faegre & Benson on behalf of Opus Northwest, LLC and Opus NWR Development, LLC for a variance to reduce the required interior side yard along the south property line adjacent to the driveway/surface parking spaces for the properties located at 810, 814 and 818 Washington Ave SE, 307, 309 and 313 Oak St SE, 312 Ontario St SE.

Action: The City Planning Commission adopted the findings and approved the application for a variance to reduce the required interior side yard along the south property line adjacent to the driveway/surface parking spaces to 7 feet, 1 inch at the closest point for the properties located at 810, 814 and 818 Washington Ave SE, 307, 309 and 313 Oak St SE, 312 Ontario St SE.

K. Variance: Application by Faegre & Benson on behalf of Opus Northwest, LLC and Opus NWR Development, LLC for a variance to reduce a one-way drive aisle width from 20 feet to 16 feet for the properties located at 810, 814 and 818 Washington Ave SE, 307, 309 and 313 Oak St SE, 312 Ontario St SE.

Action: The City Planning Commission adopted the findings and approved the application for a variance to reduce a one-way drive aisle width from 20 feet to 16 feet for the properties located at 810, 814 and 818 Washington Ave SE, 307, 309 and 313 Oak St SE, 312 Ontario St SE.

L. Site Plan Review: Application by Faegre & Benson on behalf of Opus Northwest, LLC and Opus NWR Development, LLC for a site plan review for a 9-story, mixed-use development with 177 dwelling units and approximately 27,000 square feet of ground level commercial space for the properties located at 810, 814 and 818 Washington Ave SE, 307, 309 and 313 Oak St SE, 312 Ontario St SE.

Action: The City Planning Commission approved the site plan review application for a mixed-use development with 177 residential dwelling units and approximately 27,000 square feet of ground level commercial on the properties located at 810, 814 and 818 Washington Ave SE, 307, 309 and 313 Oak St SE, 312 Ontario St subject to the following conditions:

1. All site improvements shall be completed by October 24, 2009, unless extended by the Zoning Administrator, or the permit may be revoked for non-compliance.

2. Planning Staff review and approval of the final site, elevation, landscaping and lighting plans before building permits may be issued.

3. The ground floor tenant space identified as a pharmacy on submitted floor plans shall have a minimum of 50% transparent windows that are evenly distributed on the north elevation of the structure facing Washington Ave SE.

4. The ground floor east facing building elevation adjacent to the Ontario St SE frontage shall provide the 40% minimum window requirement as well as evenly distributed windows.

5. No shelving, signage, merchandise, newspaper racks or other mechanisms shall be placed in front of the required ground level transparent windows.

6. The applicant shall work with the adjacent property owner on the northwest corner of the lot to design/agree upon a fencing mechanism to prevent potential hiding places between the existing and proposed building walls.

Commission Business

The CPC Committee of the Whole meeting is Thursday, September 25, 2008.

Adjournment

The meeting adjourned at 7:30 p.m.

Next Regular Planning Commission Meeting: October 6, 2008

The President reserves the right to limit discussion on Agenda items.

Recommendations of the Planning Commission on public hearing items are only forwarded to the Zoning and Planning Committee of the City Council for applications for rezonings, street or alley vacations, Zoning Code text amendments, and comprehensive plan amendments. Planning Commission decisions are final on all other items unless appealed.

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