[0:12] **Chris Meyer (Chair):** WELCOME, EVERYONE, TO THE REGULAR MEETING OF THE MINNEAPOLIS PLANNING COMMISSION FOR JANUARY 27TH, 2025. I'M CHRIS MEYER, CHAIR OF THE COMMISSION. WE ARE JOINED BY NEW STAFF TODAY: MICHAEL WALDEMER, WHO IS GOING TO BE FILLING IN FOR RACHEL TODAY FOR THE CLERK, AND I NOW ASK THE CLERK TAKE THE ROLL. [0:39] **Michael Waldemer (Clerk):** (ROLL CALL.) THERE ARE 6 COMMISSIONERS PRESENT. [0:57] **Chris Meyer (Chair):** LET THE RECORD SHOW WE HAVE A QUORUM. FIRST WE'LL TAKE UP THE MINUTES FROM JANUARY 13TH, 2025. IS THERE A MOTION TO APPROVE THOSE MINUTES? **Commissioner:** SO MOVED. **Commissioner:** SECOND. **Chris Meyer (Chair):** ALL RIGHT. IS THERE ANY DISCUSSION ON THE MINUTES? SEEING NONE, ALL IN FAVOR SAY AYE. OPPOSED, ABSTENTIONS. THE MINUTES ARE ADOPTED. [1:14] **Chris Meyer (Chair):** NEXT WE WILL ORGANIZE THE AGENDA. STAFF IS RECOMMENDING THAT ITEM 4 BE ON CONSENT, THAT ITEM 5 BE DISCUSSED, AND THAT ITEM 6 WILL BE DISCUSSED. SO IF YOU CAME HERE FOR ITEM 4 AND WANTED TO SPEAK AGAINST THE STAFF RECOMMENDATION, CAN YOU RAISE YOUR HAND? ALL RIGHT. [1:36] **Chris Meyer (Chair):** I'M NOT SEEING ANYONE HERE TO SPEAK AGAINST THE STAFF RECOMMENDATION. SO ITEM 4 WILL BE ON OUR CONSENT AGENDA. AND THEN ITEMS 5 AND 6 WILL BE DISCUSSED. IS THERE A MOTION TO APPROVE THAT AGENDA? **Commissioner:** SO MOVED. **Commissioner:** SECOND. **Chris Meyer (Chair):** ALL IN FAVOR SAY AYE. (AYE.) [1:52] **Chris Meyer (Chair):** OPPOSED? THAT AGENDA IS ADOPTED. SO WE'LL DO THE CONSENT ITEM FIRST. I'LL OPEN THE HEARING FOR THE CONSENT AGENDA. IS THERE ANYONE HERE TO SPEAK TO ITEM NO. 4? ALL RIGHT. I WILL CLOSE THE PUBLIC HEARING FOR ITEM NO. 4. [2:10] **Chris Meyer (Chair):** COMMISSIONERS, IS THERE ANY DISCUSSION ON THE CONSENT AGENDA? ALL RIGHT. IS THERE A MOTION TO APPROVE THE CONSENT ITEM? **Commissioner:** SO MOVED. **Chris Meyer (Chair):** IS THERE A SECOND? **Commissioner:** SECOND. **Chris Meyer (Chair):** ALL RIGHT. ALL IN FAVOR SAY AYE. (AYE.) OPPOSED, ABSTENTIONS? THE CONSENT ITEM IS ADOPTED. [2:28] **Chris Meyer (Chair):** WE'LL NOW MOVE ON TO ITEM NO. 5. 2922, 2932 WASHINGTON AVENUE NORTH. STAFF IS AARON HANAUER. [2:53] **Aaron Hanauer (Staff):** GOOD AFTERNOON, COMMISSIONERS. SO FOR WASHINGTON AVENUE—(PAUSE.) THE PROPOSAL IS TO COMBINE THE TWO PROPERTIES AT 2922 AND 2932, ESTABLISH A TOWING AUTHORITY WHERE THEY WOULD HAVE THE ABILITY TO STORE 50 VEHICLES OUTSIDE AND MORE INSIDE. [3:24] **Aaron Hanauer (Staff):** THE THREE APPLICATIONS—THE CONDITIONS PERMIT THE TOWING USE—IS A VARIANCE FOR A FENCE HEIGHT WHEN IT'S CLOSE TO THE PUBLIC SIDEWALK AND SITE PLANNING REVIEW. THE STAFF RECOMMENDATION IN FRONT OF YOU IS APPROVAL OF THE CONDITIONAL USE PERMIT AND SITE PLAN REVIEW WITH CONDITIONS, AND THEN DENIAL OF THE FENCE VARIANCE. [3:48] **Aaron Hanauer (Staff):** I WAS GOING TO FOCUS MY PRESENTATION ON THE FENCE DISCUSSION AND A CURB-CUT ON WASHINGTON AVENUE. I'M HAPPY TO REPORT THAT THE FENCE VARIANCE MAY NOT BE AN ISSUE WITH THE RECOMMENDATION WITH THE APPLICANT. THEY MIGHT BE SUPPORTIVE OF COMPLYING WITH THE FENCE REQUIREMENTS AND THEN THE CURB-CUT. [4:13] **Aaron Hanauer (Staff):** SO EXISTING CONDITIONS, THAT FENCE—JUST TO QUICKLY GO OVER THAT, I'LL BE MORE BRIEF THAN WHAT I WAS PLANNING ON. CURRENT CONDITIONS: 8-FOOT CHAIN LINK FENCE ON 30TH AND WASHINGTON AVENUE. THE PROPOSAL IS AN OPAQUE 8-FOOT TALL FENCE THAT WOULD BE ABOUT ONE FOOT FROM THE 30TH AVENUE PROPERTY LINE, AND THEN THE APPLICANT IS LOOKING TO SET THE—I THINK THIS SITE PLAN THAT I HAVE IN FRONT OF YOU—THE NEW FENCE WOULD BE SET BACK 7 FEET FROM THE FRONT OF WASHINGTON AVENUE. [4:52] **Aaron Hanauer (Staff):** THE APPLICANT IS NOW SUPPORTIVE OF COMPLYING WITH STEPPING THE FENCE BACK 7 FEET AND THEN HAVING THE LANDSCAPE BUFFER IN FRONT OF THE FENCE ALONG 30TH AND WASHINGTON AVENUE. SO WE—THIS IS JUST NEWS TONIGHT THAT THE APPLICANT SHARED WITH US AND WE REALLY APPRECIATE THAT. [5:17] **Aaron Hanauer (Staff):** NOW I JUST WANT TO FOCUS ON THE CURB-CUT CONDITION OF APPROVAL. THERE'S CURRENTLY 5 ACCESS POINTS TO THE SITE WHEN LOOKING AT BOTH PROPERTIES, 2922 AND 2932. THE APPLICANT WAS WILLING TO CLOSE OFF THE CURB-CUT ON 30TH AVENUE BUT REALLY IS LOOKING TO MAINTAIN THAT ACCESS POINT, THAT NORTHERN ONE, ON WASHINGTON AVENUE. SO THAT WOULD BE THIS ONE RIGHT HERE. [5:45] **Aaron Hanauer (Staff):** STAFF IS RECOMMENDING THE CLOSURE OF BOTH THE 30TH AVENUE CURB-CUT AND THE WASHINGTON AVENUE CURB-CUT. THERE WOULD BE STILL THREE ACCESS POINTS AT THIS POINT, AND JUST IN COMPLIANCE WITH 550.660, VEHICULAR ACCESS AND CIRCULATION SHOULD BE DESIGNED TO MINIMIZE CURB CUTS AND SHOULD BE CONSOLIDATED IF POSSIBLE. IF THIS IS A NEW DEVELOPMENT SITE, WHICH IT IS NOT, THREE ACCESS POINTS WOULD BE WAY MORE THAN WE WOULD LIKELY SEE. WE THEREFORE DID RECOMMEND AND ARE RECOMMENDING CLOSURE OF TWO CURB CUTS FOR THE PROJECT SITE. [6:30] **Aaron Hanauer (Staff):** I'M HAPPY TO ANSWER QUESTIONS BOTH ON ANY OTHER CONDITIONS AND THE THINGS I PRESENTED TODAY. WE KNOW THAT THIS PERHAPS COULD LIMIT SOME FULL USE OF THE SITE FOR A PROPOSED USE, BUT THIS IS THE OPPORTUNITY THAT WE HAVE TO HELP IMPROVE THE SITE CONDITIONS WITH THESE APPLICATIONS THAT ARE IN FRONT OF US. WITH THE COMBINATION OF EXISTING CONDITIONS AND THE APPLICANT'S PROPOSAL, WE THINK THIS COULD BE A MUCH IMPROVED SITE SO I'M HAPPY TO TAKE QUESTIONS IF YOU HAVE THEM FOR ME. [7:03] **Commissioner Amy Olson:** I DO. SO YOU'RE RECOMMENDING HOW MANY CURB-CUTS AND THE APPLICANT IS ASKING FOR HOW MANY? [7:13] **Aaron Hanauer (Staff):** CURRENTLY 5 CURB-CUTS. STAFF AT THE END OF THE DAY IS LOOKING ONLY FOR THREE ACCESS POINTS AND THE APPLICANT WOULD LIKE TO HAVE FOUR. THOSE CURB CUTS—THE APPLICANT IS LOOKING TO HAVE THIS ONE MAINTAINED, THE ONE TO THE BUILDING, AND THE ONE TO THE SOUTH OF THE BUILDING AT 2922. [7:35] **Commissioner Amy Olson:** OKAY. ARE THOSE IMAGES IN OUR PACKET? [7:39] **Aaron Hanauer (Staff):** THESE IMAGES ARE IN THE APPLICANT'S SUBMITTAL. I DID PULL THEM OUT AND DID SOME MODIFYING— [7:45] **Commissioner Amy Olson:** OKAY, I'M TRYING TO FIND IT TO GET A CLOSER VIEW. DO YOU KNOW THE PAGE NUMBER? [7:51] **Aaron Hanauer (Staff):** YES, AND, COMMISSIONERS, TO ADD A POINT TO THIS—I'LL FIND THE EXACT PAGE NUMBER. [8:08] **Commissioner Amy Olson:** OKAY. [8:08] **Aaron Hanauer (Staff):** BUT THE OTHER POINT I WANTED TO HIGHLIGHT AND I DIDN'T YET WAS JUST—THIS IMAGE I THINK SHOWS A CLOSE-UP, BUT THIS IS THE ACCESS POINT THAT WE WERE REFERRING TO WHERE FOR THE LAST 17 OR 18 YEARS, THE CURRENT TRASH HAULER HAS AN OPAQUE FENCE THAT APPEARS TO BE INOPERABLE AND SO THEY HAVE NOT BEEN USING THAT ACCESS POINT FOR OVER 17 YEARS. WE REALIZE THIS IS A DIFFERENT USE AND THEY WOULD LIKE TO RE-OPEN THAT, BUT WE FEEL AND BELIEVE THAT THIS SITE CAN OPERATE WITH THE ELIMINATION OF THIS ACCESS POINT. [8:48] **Commissioner Amy Olson:** OKAY, AND ONE OTHER LAST QUESTION. IF WE WANTED TO DO IT, WOULD IT BE IN THE SITE PLAN REVIEW THAT IT WOULD BE ADDED IN, OR WHERE IN THE APPLICATION WOULD THIS APPLY? [9:03] **Aaron Hanauer (Staff):** THIS RECOMMENDATION? [9:03] **Commissioner Amy Olson:** NO, IF WE WANTED TO APPROVE THAT REQUEST—THE APPLICANT'S REQUEST. [9:11] **Aaron Hanauer (Staff):** IF YOU WANTED TO APPROVE THE APPLICANT'S REQUEST, IT WOULD BE MODIFYING OR ELIMINATING CONDITION NO. 3 UNDER SITE PLAN REVIEW: THE WESTERN CURB-CUT ON 30TH AND WASHINGTON AVENUE. [9:32] **Chris Meyer (Chair):** THANK YOU, THAT ANSWERS MY QUESTION. COMMISSIONERS, ARE THERE ANY QUESTIONS BEFORE WE OPEN THE PUBLIC HEARING? ALL RIGHT. SEEING NONE, WE'LL OPEN THE PUBLIC HEARING. OH, SORRY, I DIDN'T SEE—COMMISSIONER BAXLEY. [9:42] **Commissioner Baxley:** AARON, THERE'S STILL A SEPARATION ON THE NORTH SIDE OF THE PROPERTY. THEY'RE NOT PLANNING TO CONNECT THAT OR CONTINUE CIRCULATION THROUGH THERE? HOW IS THAT WORKING? [10:00] **Aaron Hanauer (Staff):** CHAIR AND COMMISSIONER BAXLEY, THEY ARE LOOKING TO THIS PORTION OF THE BUILDING SO THERE WOULD BE A CONTINUATION BETWEEN THE TWO PROPERTIES. [10:11] **Josh Howell (Applicant):** YOU ACTUALLY HAVE AN ENTRANCE THERE THAT WAS DENIED BY THE CITY AND SO WE HAVE TO LEAVE THE BUILDING—OH, I'M SORRY. [10:19] **Chris Meyer (Chair):** YOU CAN SPEAK AT THE PUBLIC HEARING SO YOU'RE ON RECORD AND EVERYONE ELSE CAN HEAR YOU. [10:24] **Aaron Hanauer (Staff):** THERE MIGHT BE SOME UPDATED INFORMATION OR IF I'M INCORRECT ON THAT—I APPRECIATE THE WORKING RELATIONSHIP. THERE'VE BEEN SOME CHANGES, I THINK THE APPLICANT WOULD ADMIT, ALONG THE WAY AND SO IF I MISSED SOMETHING, APOLOGIES ON THAT ASPECT. [10:44] **Commissioner Baxley:** OKAY. SO WE'LL WAIT AND HEAR SOME MORE ON YOUR TESTIMONY THEN. OKAY. THANKS. [10:53] **Commissioner Jones:** YEAH, I HAVE A QUESTION. IF IT WASN'T COMBINING THE TWO LOTS, WHAT WOULD YOUR RECOMMENDATION BE ON ACCESS POINTS? WOULD YOU HAVE TWO PER LOT FOR A TOTAL OF 4, LIKE IF THEY WERE COMING IN SEPARATE? [11:08] **Aaron Hanauer (Staff):** CHAIR AND COMMISSIONER JONES, WITH THAT QUESTION, I THINK—IT'S WORKING WITH PUBLIC WORKS. THEY WENT THROUGH PRELIMINARY DEVELOPMENT REVIEW (PDR). THIS CURB-CUT LIMITATION WAS ONE OF THE RECOMMENDATIONS FROM THAT PDR REVIEW AND THAT REPORT IS IN YOUR PACKET. I DON'T KNOW IF I—WE DEFINITELY KNOW THAT A SITE NEEDS TO MAINTAIN ACCESS, ESPECIALLY IF THEY'RE THERE AND LOOKING AT EXISTING CONDITIONS. WE WOULD LOOK AT CIRCULATION AND SEE IF THERE ARE OPPORTUNITIES TO CONSOLIDATE WHENEVER POSSIBLE. SO I DON'T THINK I COULD DEFINITELY SAY AT THIS POINT THAT EACH SITE WOULD BE ALLOWED TO HAVE TWO ACCESS POINTS. [12:04] **Aaron Hanauer (Staff):** AND CHAIR MEYER, THE PAGES IN YOUR REPORT—THOSE SITE PLAN PAGES—IF LOOKING AT PAGE 25, 26, 27... [12:15] **Chris Meyer (Chair):** YEAH, 27 IS THE ONE I FOUND. YEAH, WHEN I WAS REVIEWING THIS, I THOUGHT THE CONTROVERSIAL ISSUE WAS GOING TO BE THE FENCE. SO I DIDN'T REALIZE THAT THIS WAS GOING TO BE—SO I'M TAKING A CLOSER LOOK AT THAT. ARE THERE ANY OTHER QUESTIONS—COMMISSIONER CONLEY? [12:42] **Commissioner Conley:** THANK YOU, MR. CHAIR, JUST A QUICK ONE. SO IS—I THINK IT WAS A SLIDE BEFORE THIS ONE WHERE YOU SHOWED 2007 VERSUS 2021. THE CURB-CUT THAT STAFF IS RECOMMENDING BE REMOVED—WHAT'S THERE NOW? IS IT STILL A CURB-CUT? 'CAUSE I CAN'T TELL. YOU CAN DRIVE IN OR—? [13:00] **Aaron Hanauer (Staff):** RIGHT. [13:00] **Commissioner Conley:** SO THEN IN INSTANCES LIKE THIS, WHO REPLACES THE CURB? DOES THE CITY? [13:08] **Aaron Hanauer (Staff):** THE EXPENSE WOULD FALL ON THE APPLICANT. THE CONDITIONS OF APPROVAL ALLOW THE APPLICANT 2 YEARS TO COMPLETE THE SITE WORK THAT IS BEING REQUESTED. [13:18] **Commissioner Conley:** WHICH IS TO BRING THE CURB BACK AND FLATTEN IT OUT? [13:18] **Aaron Hanauer (Staff):** RIGHT, CORRECT. [13:18] **Commissioner Conley:** OKAY, THANKING YOU. [13:28] **Chris Meyer (Chair):** ALL RIGHT. ANY OTHER QUESTIONS? ALL RIGHT. I'LL NOW OPEN THE PUBLIC HEARING AND A NOTE BEFORE WE DO: FRIENDLY REMINDERS TO EVERYONE THAT THESE MEETINGS ARE BROADCAST LIVE TO ENABLE BROADER PARTICIPATION. THEY INCLUDE REAL-TIME CAPTIONING, SO WE ASK ALL SPEAKERS TO BE MINDFUL OF THE RATE OF THEIR SPEECH SO THE CAPTIONER CAN CAPTURE AND TRANSCRIBE ALL COMMENTS. IS THE APPLICANT HERE TO TESTIFY? GO AHEAD AND INTRODUCE YOURSELVES. [13:57] **Josh Howell (Applicant):** HELLO COMMISSIONERS. MY NAME IS JOSH HOWELL. I'M A PARTNER WITH SCOTT SCHEIFFER WITH TYSON TOWING. [14:15] **Scott Scheiffer (Applicant):** I'M SCOTT SCHEIFFER OVER AT TYSON'S TOWING. [14:15] **Josh Howell (Applicant):** I'M GOING TO WORK KIND OF THROUGH OUR RESPONSES HERE. I'M GOING TO GO THROUGH THE VARIOUS COMPLIANCE ITEMS. THERE WERE 13 ITEMS OF COMPLIANCE FOR THE CONDITIONAL USE. THE FIRST TWO, WE ACCEPT THE CONDITIONS. THE THIRD ONE, WHICH IS OUR MAJOR ISSUE, IS THE WESTERN CURB-CUT ON 30TH AVENUE NORTH AND THE CURB-CUT ON 2932 WASHINGTON AVENUE NORTH. WE ARE WILLING TO ELIMINATE ONE OF THE CURB-CUTS. WE LOOK AT THIS AS TWO DIFFERENT SITES ALTHOUGH WE'RE COMBINING THEM FOR USE UNDER THE CONDITIONAL USE. [15:10] **Josh Howell (Applicant):** IN RESPONSE TO DESIGNATING TO MINIMIZE PEDESTRIAN TRAFFIC, IN THIS PARTICULAR SITE THERE IS NO SURROUNDING RESIDENTIAL USE. WASHINGTON IS VERY MUCH A CAR HIGHWAY. THERE ARE NO SURROUNDING RESIDENTIAL USES. THE CLOSEST AREA IS ON THE OTHER SIDE OF THE INTERSTATE. WHEN AARON DID HIS REPORT, HE MEASURED THE CLOSEST RESIDENTIAL UNIT AS THE CROW FLIES ACROSS THE INTERSTATE AT 235 FEET. IF YOU FOLLOW THE AVENUE NORTH UP TO LOWRY AND GO ACROSS, IT'S ACTUALLY ABOUT A QUARTER MILE. [16:04] **Josh Howell (Applicant):** WE'RE NOT ONE OF THOSE APPLICANTS IN A PEDESTRIAN CORRIDOR. THERE'S VERY LITTLE OR NO PEDESTRIAN TRAFFIC. IT IS A VEHICULAR CORRIDOR. I PULLED UP FROM THE MINNEAPOLIS WEBSITE THE BICYCLE AND PEDESTRIAN COUNTS ON 26TH AVENUE NORTH. IN 2007, THERE WERE ZERO PEDESTRIANS; 2008, ZERO; 2009, ZERO; 2010, ZERO. 2011, 60. THEN ZEROES THROUGH 2016, AND 10 IN 2017. THE ESTIMATE, WHICH I THINK IS GENEROUS, IS 10 PEDESTRIANS A DAY. [17:27] **Josh Howell (Applicant):** IF THE CURB-CUT ON WASHINGTON NORTH IS REMOVED, THE TOW TRUCK WRECKER VEHICLES WOULD NOT HAVE SUFFICIENT TURNING RADIUS TO MANEUVER WITHIN THE PROPERTY BOUNDARIES AND BE FORCED TO BACK OUT. WE WOULD NOT WANT TO BACK OUT INTO THE PUBLIC RIGHT-OF-WAY. WITH OUR 7-FOOT LANDSCAPING BUFFER WHICH WE'VE AGREED TO, WE FURTHER SHRUNK THIS SITE AND THE TURNING RADIUS. [18:20] **Josh Howell (Applicant):** THE REASON WHY THE PREVIOUS OWNER DID NOT USE THIS CURB-CUT WAS FINANCIALLY BECAUSE OF SECURITY. THE GARBAGE TRUCKS ARE TOO TALL TO ENTER THE SERVICE SPACE SO IT WAS USED AS STORAGE. THE BAYS ARE NOT PASS-THROUGH. THE TWO GARAGE DOORS YOU SEE IN THIS GRAPHIC ON PAGE 6 ARE ONE-WAY INSTANCES. THERE'S NO GARAGE DOOR ON THE EASTERN SIDE OF THIS BUILDING. ALL THE EXISTING GARAGES ARE TOO SHORT FOR THE CURRENT USER. [18:54] **Josh Howell (Applicant):** HERE ARE A COUPLE OF TURNING RADIUS GRAPHICS FOR A TOW TRUCK WRECKER. A WRECKER IS A 28-FOOT VEHICLE. IT'S THE MAIN USE, AND IF YOU HAVE A TOW VEHICLE WITH A CAR ON IT... SCOTT, HOW LONG ARE THOSE TYPICALLY? [18:54] **Scott Scheiffer (Applicant):** APPROXIMATELY ANYWHERE FROM 7 TO 11 FEET IN ADDITION TO THE BACK OF THE VEHICLE. [19:12] **Josh Howell (Applicant):** SO AS YOU LOOK AT CLOSING OFF THIS WASHINGTON AVENUE ENTRANCE, YOU WOULD END UP WITH A DEAD-END OF SERVICE SPACE. THE TRUCK—WE'D LOSE CAR STORAGE AT THE FRONT OF THE SITE WHICH IS ALREADY A TIGHT SITE TO BEGIN WITH. IT'S A CRITICAL FUNCTION OF THIS BUSINESS TO BE ABLE TO USE THOSE SERVICE BAYS AND TO PULL INTO THEM IN A SAFE MANNER. [20:52] **Josh Howell (Applicant):** THAT'S ALL I HAVE FOR ITEM 3. ITEM 4: WE MADE A LITTLE MISTAKE. WE'RE WILLING TO MOVE THAT FENCE BACK 7 FEET ON THE PROPERTY LINE. THAT WAS JUST A COMMUNICATION ERROR. NO. 5: THE CONDITION IS 6 DECIDUOUS TREES ALONG 30TH AVENUE NORTH. AFTER SOME REFLECTION, WE PROPOSE COLUMNAR EVERGREENS TO BE PLANTED ON 30TH AVENUE UNDER THE EXISTING LOWER-HANGING POWER LINES. IN ORDER TO ADDRESS THE GREEN REQUIREMENTS, WE'D LIKE TO DO COLUMNAR EVERGREENS. [22:02] **Josh Howell (Applicant):** WE'RE PROPOSING—AND THIS IS NEW TO AARON—DOUBLE THE NUMBER OF TREES TO 20. THE EVERGREENS WILL PROVIDE YEAR-ROUND SCREENING, REMAIN GREEN ALL YEAR, AND NOT INTERFERE WITH THE OVERHEAD POWER LINES. THE OTHER REASON TO USE EVERGREENS IS TO ADDRESS THE CHRONIC GRAFFITI THAT HAS PLAGUED THE SITE. IF WE CREATED A DENSE EVERGREEN WALL ALONG WASHINGTON AVENUE, WE'LL BE ABLE TO PREVENT CRIME THROUGH ARCHITECTURAL DESIGN. [23:57] **Josh Howell (Applicant):** NO. 9, THE COMBINING OF THE TAX PARCELS. THIS IS A BOILERPLATE CONDITION. WE'RE REQUESTING A REVERSAL. LONG-TERM, IF THE SITES ARE COMBINED, IT HURTS VALUE AND WE MAY DECIDE TO SHRINK THE TOW FACILITY DEPENDING ON DEMAND. THIS SITE DOESN'T CONNECT BECAUSE THE BUILDING ON THE REAR PREVENTS CIRCULATION. CONDITIONS 10, 11, 12, 13—WE ALL ACCEPT. [25:13] **Josh Howell (Applicant):** DO ANY OF THE COMMISSIONERS HAVE ANY QUESTIONS FOR SCOTT OR I? [25:32] **Commissioner Baxley:** JUST A QUICK ONE. THANK YOU, GUYS. YOU TALK ABOUT THAT BUILDING THAT'S PREVENTING YOU CONNECTING THROUGH. YOU MENTIONED POTENTIALLY THE CITY—YOU COULDN'T REMOVE IT OR YOU CAN'T, JUST TALK ABOUT THAT. [25:46] **Josh Howell (Applicant):** YEAH, WE HAD ASKED FOR A PASS-THROUGH TO CUT A HOLE IN THE BUILDING SO YOU COULD DRIVE THROUGH, AND WE WERE DENIED THAT BY CPED BECAUSE IT WAS WITHIN A NUMBER OF FEET OF THE ADJACENT PROPERTY. AARON AND I HAVE BEEN WORKING QUITE A BIT, AND I DECIDED TO JUST LET THAT ISSUE GO AND MOVE FORWARD. [26:19] **Commissioner Baxley:** OKAY, THANK YOU. [26:41] **Chris Meyer (Chair):** ALL RIGHT. I BELIEVE THAT'S ALL THE QUESTIONS FROM COMMISSIONERS? ARE THERE ANY OTHER PEOPLE WHO WANTED TO TESTIFY? ALL RIGHT. I'M NOT SEEING ANY. I WILL CLOSE THE PUBLIC HEARING. COMMISSIONER OLSON, YOU HAD A QUESTION FOR STAFF? [26:41] **Commissioner Amy Olson:** YES, AARON, I'M JUST WONDERING ABOUT THE QUESTIONS ABOUT THE TREES. WOULD THOSE MEET SITE PLAN REVIEW REQUIREMENTS? [27:03] **Aaron Hanauer (Staff):** COMMISSIONER OLSON, THEY WOULD BE. WE CALL FOR DECIDUOUS TREES ON THE CONDITIONS OF APPROVAL BECAUSE THAT'S WHAT THE LANGUAGE IN THE ZONING CODE STATES. WE DIDN'T CALL FOR CANOPY TREES WHICH WOULD GET CLOSE TO THE POWER LINES. IT WOULD NOT COMPLY WITH WHAT THE ZONING CODE IS ASKING FOR TO THE LETTER, BUT IT IS SOMETHING THEY ARE NOW PROPOSING. [28:13] **Commissioner Amy Olson:** I'S JUST TRYING TO FIGURE OUT HOW WE ACT ON THESE. IF WE WERE TO JUST APPROVE STAFF'S RECOMMENDATION, WOULD THEY NOT BE ABLE TO DO THOSE? [28:13] **Aaron Hanauer (Staff):** RIGHT, AS IT READS, WE'RE LOOKING FOR 11 EVENLY SPACED DECIDUOUS TREES. [29:03] **Josh Howell (Applicant):** COMMISSIONER OLSON, WE'RE BASICALLY TRYING TO ADDRESS THE GRAFFITI ISSUE. BY PROVIDING DENSITY AND GROWING INTO EACH OTHER, A COLUMNAR-STYLE EVERGREEN WOULD BE QUITE HANDSOME AND WRAP THE WHOLE SITE, WHICH IS WHY WE WENT FROM THE MINIMUM REQUIRED TO DOUBLING THE NUMBER OF TREES. [29:37] **Commissioner Amy Olson:** OKAY. THANK YOU. [30:01] **Chris Meyer (Chair):** SO IF WE AMENDED THE REQUIREMENT TO JUST SAY DECIDUOUS OR EVERGREEN, WOULD STAFF HAVE ANY OBJECTION TO THAT? [30:01] **Aaron Hanauer (Staff):** WE WOULD BE SATISFIED. [30:01] **Chris Meyer (Chair):** AND AARON, DO YOU HAVE ANY COMMENTS ON THE TAX PARCEL THING? [30:01] **Aaron Hanauer (Staff):** YEAH, I THINK THIS ONE IS—AS JOSH ALLUDED TO—SOMETHING THAT WE OFTEN ATTACH. I THINK IT IS MORE IMPACTFUL WHEN YOU HAVE A NEW CONSTRUCTION PROJECT. I DON'T SEE ANY BIG ISSUE WITH REMOVING THAT CONDITION. [30:38] **Commissioner Baxley:** SO WITH THE FENCE CHANGE THERE WOULD BE NO VARIANCE THEN? [30:59] **Josh Howell (Applicant):** COMMISSIONER BAXLEY, THE FENCE VARIANCE WAS BECAUSE IT WAS TOO CLOSE TO THE PROPERTY LINE. WE MADE A MISTAKE AND SO WE SET IT BACK. THE VARIANCE WAS NOT FOR ITS HEIGHT BUT FOR ITS LOCATION. [30:59] **Commissioner Baxley:** SO IT WOULD BE FAIR TO DENY THAT VARIANCE? [30:59] **Josh Howell (Applicant):** YEAH, WE'RE GOING TO MOVE THE FENCE IF WE ARE ABLE TO KEEP THE WASHINGTON AVENUE ACCESS. [30:59] **Commissioner Baxley:** AND IF YOU CAN'T? [31:18] **Josh Howell (Applicant):** WE HAVE TO SAY GOODBYE TO THE PROJECT. IT JUST DOESN'T WORK. [31:18] **Commissioner Conley:** THANK YOU, MR. CHAIR. THAT WAS MY QUESTION. IF THE CURB-CUT DOESN'T WORK OUT, IT'S SOUNDING LIKE YOU CAN'T DO BUSINESS? [31:46] **Josh Howell (Applicant):** ABSOLUTELY. WHAT YOU END UP CREATING IS A DEAD-END. THESE TRUCKS ARE 21 TO 22-FOOT VEHICLES. SCOTT'S GUYS WILL HAVE TO DO A 6 OR 7-POINT TURN. BECAUSE WE AGREED TO PUSH THE FENCE IN 7 FEET, THAT TURNING WIDTH IS FURTHER REDUCED. WE JUST HAVE TO SAY NO TO THE SITE WITHOUT THE WASHINGTON AVENUE ENTRANCE. IT DOESN'T PRACTICALLY WORK FOR THE COMMERCIAL USE WE'RE PROPOSING. [33:26] **Commissioner Amy Olson:** I'LL MAKE A MOTION UNLESS ANYONE ELSE HAS ANYTHING ELSE? [33:48] **Commissioner Aurin Chowdhury:** THANK YOU, MR. PRESIDENT. I JUST WANTED TO NOTE—DID WE DISCUSS THE TAX BOUNDARY ISSUE? I KNOW THAT THE APPLICANTS SHARED THAT IT WAS A BOILERPLATE COMBINATION. I'M WONDERING IF WE COULD JUST ACCOMMODATE THEIR ASK IN KEEPING THE DIVISION? [34:03] **Chris Meyer (Chair):** STAFF SAID THEY DIDN'T HAVE A PROBLEM WITH DOING THAT. MY SUGGESTION WAS GOING TO BE TO STRIKE CONDITION 9 AND AMEND CONDITION 5 TO SAY DECIDUOUS OR CONIFEROUS TREES. [34:45] **Commissioner Amy Olson:** OKAY, GREAT. I'LL MAKE A MOTION TO ADOPT STAFF RECOMMENDATION FOR ITEM A (CONDITIONAL USE PERMANENT) AND ITEM B (THE VARIANCE). AND THEN I WILL MAKE A MOTION TO ADOPT ITEMS 1, 2, 4, 6, 8, 10, 11, 12, AND 13 UNDER THE SITE PLAN REVIEW AS RECOMMENDED BY STAFF. I WILL MAKE A MOTION TO CHANGE ITEM 5 AND ITEM 7 UNDER SITE PLAN REVIEW TO READ "DECIDUOUS OR CONIFEROUS TREES." AND I WILL MAKE A MOTION TO REMOVE ITEM 9. [38:53] **Chris Meyer (Chair):** OKAY, SO YOU'RE RECOMMENDING ITEMS A AND B CONSISTENT WITH STAFF, STRIKING NO. 9, AMENDING 5 AND 7, AND HOLDING 3 FOR A SEPARATE VOTE? [39:11] **Commissioner Amy Olson:** YES, CORRECT. [39:26] **Chris Meyer (Chair):** SECOND? **Commissioner:** SECOND. **Chris Meyer (Chair):** ALL IN FAVOR SAY AYE. (AYE.) OPPOSED, ABSTENTIONS? THAT MOTION IS ADOPTED. [40:13] **Commissioner Amy Olson:** I'M GOING TO MAKE A MOTION TO AMEND ITEM 3 TO ALLOW MAINTAINING THE EXISTING CURB-CUT ON WASHINGTON AVENUE NORTH. [40:33] **Josh Howell (Applicant):** (SPEAKER NOT MIC'D) YEAH, WE'RE WILLING TO REMOVE THE ONE ON 30TH. [40:52] **Hilary Dvorak (Staff):** IF YOU'RE INTENDING TO ALLOW THEM TO MAINTAIN THE EXISTING CURB-CUT ON WASHINGTON, THEN YOU WOULD JUST STRIKE FROM THE CONDITION THE PART REQUIRING THE WASHINGTON AVENUE CURB-CUT TO BE REMOVED. [42:24] **Chris Meyer (Chair):** DOES EVERYONE HAVE THAT? IS THERE A SECOND? **Commissioner:** SECOND. **Chris Meyer (Chair):** DISCUSSION? COMMISSIONER JONES? [42:44] **Commissioner Jones:** I JUST WANTED TO CLARIFY THAT THAT CONFIRMS WITH WHAT THE APPLICANT WANTED. [43:11] **Commissioner Conley:** THANK YOU, MR. CHAIR. I'M WONDERING IF WE'VE IDENTIFIED A HARDSHIP? [43:11] **Chris Meyer (Chair):** THIS IS NOT A VARIANCE. THIS IS SITE PLAN REVIEW, SO THESE ARE JUST CONDITIONS TO IMPOSE. THERE'S NO PRACTICAL DIFFICULTY REQUIREMENT. [43:27] **Commissioner Baxley:** JUST A QUICK NOTE. I APPRECIATE THE CHAIR'S COMMENT ABOUT PEDESTRIAN-FRIENDLY ENVIRONMENTS, BUT IN THIS CASE, THE REMOVAL OF THE CORNER IS MORE CRITICAL THAN THE SITE SO I'LL BE SUPPORTING THE MOTION. [45:16] **Chris Meyer (Chair):** CLERK, PLEASE CALL THE ROLL. [45:16] **Michael Waldemer (Clerk):** (ROLL CALL.) THERE ARE 5 AYES AND 1 NAY. [45:32] **Chris Meyer (Chair):** ALL RIGHT. THAT CONDITION AS MODIFIED IS ADOPTED. GOOD LUCK WITH YOUR PROJECT. NEXT WE HAVE THE ANNUAL REPORT FOR 2024. HILARY, ARE YOU DOING THIS? [45:32] **Hilary Dvorak (Staff):** I BELIEVE THE INTENTION IS TO PRESENT THIS AS A RECEIVE AND FILE, AND IF THERE'S ANY QUESTIONS OR COMMENTS THOSE WILL BE BROUGHT UP IN TWO WEEKS WHEN KIMBERLY IS BACK. [46:53] **Chris Meyer (Chair):** OKAY. SO HERE WE HAD A REALLY STARTLING DROP IN APPLICATIONS OVER THE LAST YEAR. WE HAD 520 IN 2020, DOWN TO 131. IT'S A SUBSTANTIAL DROP IN APPLICATIONS AND UNITS. I WOULD LIKE TO TRY TO FIGURE OUT WHAT IS CAUSING SUCH A DROP. IS THIS A CONSEQUENCE OF THE 2040 LAWSUIT? I THINK THIS ISSUE SHOULD BE PART OF THE BUDGET DISCUSSION AS WELL. [52:15] **Commissioner Conley:** THANK YOU, MR. CHAIR. WE'VE BEEN HAVING THIS DISCUSSION ON THE HENNEPIN COUNTY BOARD AS WELL. WE'VE HAD CONVERSATIONS AROUND IT COSTING A LOT TO BUILD. I'D BE HAPPY TO SHARE SOME THEORIES AND FIND OUT WHAT WE'RE HEARING FROM DEVELOPERS AT THE COUNTY LEVEL. [54:11] **Chris Meyer (Chair):** ALL RIGHT. WE WILL RECEIVE AND FILE THAT ITEM. THE NEXT REGULAR PLANNING COMMISSION MEETING WILL BE MONDAY, FEBRUARY 10TH. AND WE HAVE TO LEAVE ON A VERY SAD NOTE 'CAUSE THIS IS COMMISSIONER OLSON'S LAST MEETING. I JUST WANT TO THANK YOU FOR ALL THE WORK YOU HAVE DONE. WE ARE REALLY GOING TO MISS YOU. [54:51] **Commissioner Amy Olson:** THANK YOU. I'M JUST THANKFUL FOR THE OPPORTUNITY. IT'S BEEN ABOUT 6 YEARS. ME AND MY HUSBAND ARE ABOUT TO BECOME PARENTS, SO THIS IS A GOOD TIME FOR ME TO TRANSITION. IT'S NICE TO KNOW THAT STAFF AND ALL THESE COMMISSIONERS ARE GOING TO CONTINUE DOING AN AWESOME JOB. MAYBE THINK ABOUT STROLLER-FRIENDLY AS I LEAVE! [56:03] **Chris Meyer (Chair):** THANK YOU. ARE THERE ANY OTHER UPDATES? SEEING NONE, OUR BUSINESS IS CONCLUDED AND WE ARE ADJOURNED.