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From YouTube: February 6, 2020 Zoning & Planning Committee
Description
Minneapolis Zoning & Planning Committee Meeting
https://lims.minneapolismn.gov
A
Good
morning,
I'm
going
to
call
to
order
this
regular
meeting
of
the
zoning
and
planning
committee
for
Thursday
February
6.
My
name
is
Jeremy
Schrader
and
I'm.
The
chair
of
this
committee
with
me
with
me
at
the
dice,
our
councilmember
Allison
councilmember,
Wright,
councilmember,
Goodman
and
councilmember
Gordon.
Let
the
record
reflect
that
we've
got
a
quorum.
A
We've
got
nine
items
on
today's
agenda,
including
a
for
quasi
judicial
hearings
and
two
ordinances
and
we'll
first
dispense
with
the
consent
agenda.
Item
number
five
is
an
ally,
vacation
application
submitted
by
Pinnacle
Management
and
Broadway
and
Brant
Avenue
North.
This
committee
originally
postponed
this
item
last
year
and
I've
been
informed
by
the
staff
that
there
are
some
ownership
issues
that
are
still
being
resolved,
so
we
I
will
move
to
go
to
continue
this
item
to
our
March
19th
meeting.
A
B
Good
morning,
councilmembers
the
project
before
you
is
the
project
in
Dinkytown.
It's
located
on
the
site
of
what
is
currently
McDonald's.
Also
presently
on
the
site
is
a
liquor,
store,
an
existing
legal
non-conforming
parking
or
drive
through
several
surface
parking
spaces
and
other
one
story.
Buildings.
The
Planning
Commission
took
action
on
this
application
on
December
9th.
They
approved
most
of
the
applications
and
denied
some.
B
So
the
applicant
had
requested
delay
in
order
to
try
to
better
respond
to
some
of
staff's
concerns,
specifically
related
to
the
floor
area.
Ratio
and
building
bulk
staff
had
recommended
denial
of
the
floor
area
ratio
variance
and
specifically
because
the
proposal
to
increase
the
floor
area
ratio
from
three
point:
seven,
eight
to
six
point:
zero
four
was
you
know
something
that
was
also
exacerbated
by
the
design
of
the
building.
B
So
staff
was
supportive
of
the
ten
storey
height
here,
and
the
new
2040
plan
does
allow
for
increases
to
height
as
long
as
certain
community
benefits
are
provided
and
I
can
get
into
that
in
a
moment.
So
the
applicant
had
requested
this
time
they
were
able
to
submit
a
revised
loading
diagrams
that
provides
a
total
of
four
small
loading
spaces
and
the
requirement
is
3.
So
that
is
able
to
be
that
application
is
able
to
be
returned
to
the
app
cans
and
the
massing
and
building
design
have
changed
previously
an
aerial
view
of
the
building.
B
It
would
have
been
kind
of
a
round
shape
with
a
larger
central
courtyard,
and
now
it's
a
backwards
s
with
two
smaller
courtyards,
which
allows
the
building
mass
to
step
down
and
break
up.
The
long
facades
along
the
east
and
west
elevations
and
staff
does
does
feel
that
that
this
design,
much
more
so
than
any
previous
designs
of
the
building,
is
doing
a
better
job
of
breaking
up
that
mess.
B
So
here's
the
site-
and
this
is
the
revised
building-
as
you
can
see
from
this
aerial
view,
that
the
kind
of
overall
shape
and
then
there's
the
smaller
six
storey
portions
that
are
along
those
long
facades
that
are
able
to
break
up
that
massing
a
bit
more,
and
this
is
the
site
plan.
The
site
plan
itself
is
not
changing
much
from
what
was
brought
to
Planning
Commission
to
this
current
design,
I
think.
C
B
C
B
I
have
quite
a
few
drawings
in
this
presentation
that
will
show
the
difference
between
what
was
or
what
was
initially
proposed
and
brought
to
Planning
Commission
and
what
we're
seeing
today.
So
this
is
the
revised
loading
diagram
that
does
show
kind
of
a
pull
off
area
for
the
larger
trucks,
as
well
as
the
smaller
loading
spaces
interiors
of
the
building
that
reduces
the
need
for
the
loading
variance
and
go
through
these
quickly.
B
These
are
the
elevations,
so
on
the
top
are
the
want,
the
elevations
that
were
brought
to
Planning
Commission
and
then
the
revised
elevations
are
below.
So,
as
you
can
tell,
this
elevation
has
not
changed
much
it's
more,
the
East
and
West
elevation.
So
this
is
the
West
elevation
that
would
be
visible
kind
of
from
beyond
the
historic
district
in
as
you
move
into
the
commercial
district
of
dinky
town,
and
so
it
does,
you
know,
has
that
smaller
section
that
breaks
it
up
a
bit
and
there's
more
breakdown.
B
The
celebration
the
shorter
elevations,
like
I,
mentioned
this
one-
does
have
a
bit
a
bit
of
a
smaller
section
on
fourth
Street
now
on
the
South
elevation,
and
then
the
East
elevation
does
show
kind
of
that
smaller
building
section.
That's
able
to
you
know,
make
make
a
better
attempt
to
break
up
that
nasan
and
then
here
are
a
few
renderings
showing
the
before
and
after
so
you
can
see
how
that
looks
in
context.
B
B
So,
as
I
mentioned
in
2040,
this
is
corridor
six
and
it's
community
mixed-use.
So
it's
designated
for
large-scale
commercial
uses.
The
site
is
proposing
to
have
over
20,000
square
feet
of
commercial
uses,
both
fronting
on
4th
Street
and
5th
Street.
There
is
a
great
change
between
the
two
elevations
and
then
corridor.
Six
allows
for
six
storeys
in
height,
with
request
to
exceed
six
storeys,
evaluate
on
the
basis
of
whether
a
taller
building
is
a
reasonable
means
for
accomplishing
comprehensive
plan
goals.
B
The
applicant
has
submitted
kind
of
a
package
of
what
their
home
community
benefits.
They
are
involved,
as
this
application
seemed
complete.
Prior
to
the
end
of
last
year,
they
are
voluntarily
affort
complying
with
the
affordable
housing
policy,
with
8%
of
bedrooms
with
rents
affordable
at
60%
ami.
They
have
an
affordable
commercial
space
on
the
ground
floor
facing
fourth
Street.
They
would
be
voluntarily
removing
a
legal
non-conforming
drive
through
there.
B
C
So
they're
doing
what
everybody
else
is
doing,
I
mean
what
on
this
is
unique.
I
mean
none
of
these
things.
Look
overly
unique
for
me,
they're
doing
a
lot
more
retail
than
1,500
square
feet.
Do
they
have
a
grocery
store?
They
don't
have
a
cursory
sign,
so
one
tiny
space
is
gonna,
be
subsidized
and
the
rest
of
it
isn't.
What
on
this
is
unique?
I
mean
none
of
these
things
are
really
unique:
how
nice
they're
doing
sidewalk
and
pedestrian
realm
amenities.
C
B
Think
you
know,
one
of
the
major
things
is
that
this
this
site
currently
has
a
legal
non-conforming
drive-through
in
the
city
where
we
have
recently
banned
drive-through.
So
McDonald's
is
actually
planning
to
relocate
in
the
building
and
proposing
to
relocate
in
this
piece
that
would
not
have
a
drive-through
and
I
have
surface
breaking.
C
I
mean
like
what
what
about
this
is
like
unique,
comparatively
I
guess
is
what
I'm
trying
to
ask.
They
have
some
community
benefits.
All
development
has
community
benefits,
taking
down
buildings
that
are
not
great
and
putting
up
something
better.
Is
a
community
benefit
in
and
of
itself,
but
I
don't
see
anything
special
here
that
would
lend
itself
to
double
the
if
they
are
I'm.
Just
asking
you
to
tell
me.
B
There
are
a
lot
of
moving
pieces
with
the
site
because
Metro
Transit
is
proposing
the
BRT
along
fourth
in
2023
and
kind
of
big
counties
proposing
a
protected
by
quail
and
fourth
and
2022.
So
we
have
had
multiple
conversations
with
those
entities
to
talk
about
kind
of
how
the
site
design
will
lend
itself
to.
You
know
improved
transportation
access
here
they
are
proposing
some
parsha
airing
and
I
know
they've
prepared
a
presentation
about
all
the
like
sustainability
strategies
that
they're
incorporating
into
the
building
so
I'll
leave
that
to
them
to
discuss
thanks.
B
So
you
know,
given
that
I
think
that
staff
would
be
supportive
of
a
building
that
reaches
10
storeys
in
height
here
and
part
of
the
major
concern
about
the
design
of
this
building
initially
had
to
do
with
the
exterior
design
and
the
way
that
the
central
courtyard
led
to
a
building
that
even
looked
bulkier
than
what
the
FA
are.
You
know
would
lend
itself
to
you.
So
staff
does
feel
that
the
that
the
revised
design
is
a
step
in
the
right
direction.
B
However,
the
proposed
floor
area
ratio
of
6.04
is
still
significantly
higher
than
the
3.78
that
would
be
allowed
and
as
we're
kind
of
having
conversations
about
what
fe
hours
would
be
allowable
in
different
districts,
it
is
looking
you
know,
like
corridor.
Six
is
well
below
this
6.0,
so
the
loading
variance
has
been
returned
so
to
the
applicant,
with
the
revised
diagram,
staffs,
recommending
approval
of
the
applications
that
were
approved
at
Planning
Commission,
with
denial
of
the
variance
to
increase
the
floor
area
ratio
and
site
plan
review.
So
I
will
stand
for
questions.
B
A
E
D
Council
members,
my
name
is
Cordelia
Pearson
I
live
at
512,
seventh
Street
southeast,
and
it's
a
joy
to
be
here.
I,
don't
know
how.
Often
you
hear
that
a
planning
and
zoning
zoning
and
planning
committee
hearings,
but
I
really
appreciate
the
opportunity
to
talk
with
you
about
this
project
and
about
the
vision
for
community
to
grow
with
character.
D
Historic
preservation
is
about
managing
change,
not
stopping
change.
We
welcome
growth.
We
welcome
investment
in
this
area.
We
want
to
make
sure
that
it's
building
on
the
resources
that
we
have
30
years
ago
I
chose
to
live
in
Dinkytown
and
what
did
I
hear
from
my
fellow
law
students?
Why
did
you
choose
to
live
there?
I
chose
to
live
there
because
we
could
live
there
with
no
car.
D
We
didn't
have
kids
or
pets
at
the
time,
but
it's
really
easy
for
me
to
get
back
and
forth
to
the
you
to
law
school
and
to
buy
food
nearby
and
really
enjoy
a
healthy
life
and
be
a
student.
So
I
relate
a
lot
now.
I
have
us
two
son
who's
since
graduated
from
the
U,
so
I've
done
both
are
long
and
a
parent
and
continued
to
live
in
this
community.
D
So
why
have
we
chosen
to
live
there
because
the
character
and
its
location
are
so
vital
and
vibrant
and
it's
a
community
that
is
always
changing
in
a
stronger
community
for
that
in
2013
and
14
I
was
the
chair
of
the
Marcy
homes,
Neighborhood
Association
I
had
the
honor
to
be
serving
in
that
way,
and
many
of
my
remarks
are
grounded
in
the
extensive
community
engagement
that
occurred.
Then
I've
continued
on
the
board
until
the
end
of
December
2019.
D
So
I
want
to
start
with
what
is
Marcy
homes.
What
is
our
identity?
The
character
of
dinky
town
has
a
great
relationship
to
the
character
of
Marcy
homes
and
I'll,
highlight
why
place
matters
in
your
decision.
Why
people
matter
how
people
can
figure
into
your
decision
and
encourage
you
to
uphold
the
fer
denial?
Deny
this
you
pee
on
Hyatt
and
deny
the
parking
variance.
So
where
is
Marcy
homes?
We
are
just
across
the
river
from
downtown
bordered
by
the
University
of
Minnesota
and
the
Mississippi
River
within
Marcy
homes.
D
So
our
identity
is
a
historic
neighborhood
and
in
part
not
just
from
dinky
town,
but
also
from
the
surrounding
there's,
a
Greek
historic
area
and
the
University
of
Minnesota.
The
historic
knoll
is
adjacent
to
dinky
town
as
well.
Why
is
this
streetcar
hub
different
from
others?
You
have
many
streetcar
hubs
throughout
Minneapolis.
Why
protect
this
one?
This
streetcar
hub
also
is
the
commercial
node,
that's
closest
to
the
University
of
Minnesota
and
as
the
City
Council
decided
in
2015
merited
historic
protections.
So
you'll
see
once
again,
the
green
is
the
core
of
dinky
town.
D
The
larger
red
box
is
dinky
town
expanded
and
then
the
project
is
outlined
in
orange.
Okay,
so
just
to
refresh
what
what
are
some
of
the
buildings
that
support
those
small
businesses
and
character
of
dinky
town
you'll
see
many
of
them
here
from
one
to
two
and
a
half
stories
and
height,
many
of
them
commercial,
many
of
them
mixed-use.
D
What
they
also
did
a
market
study.
What
is
it
that's
different
about
the
area?
There's
a
unique,
unique
nostalgia,
related
brand.
In
fact,
to
the
degree
that,
as
you
just
invested
in
meet
Minneapolis
and
in
enhancing
their
neighborhood
character
and
on
the
meet
Minneapolis
site,
Dinkytown
is
one
of
those
highlighted
sites,
character
and
class,
where
the
the
use
words
used
at
the
on
the
mutant
Minneapolis
site.
D
This
plan
also
recognized
their
strong
development
pressures
on
this
area,
and
how
could
the
city
maintain
the
unique
character
of
this
area
while
embracing
growth,
the
older
character,
particularly
in
the
core,
could
become
increasingly
different,
differentiator
once
l
art
this
was
before
LRT
went
through
so
the
core
commercial
area.
The
recommendation
is
to
maintain
that
and
expand
the
commercial
area.
You'll
see
that
larger
red
and
pink
area
and
the
hashed
area
was
the
potential
historic
buildings
at
the
time.
D
I
want
to
distinguish
the
business
district
from
the
historic
district
the
city
did
act
in
2015
on
the
left
is
the
diagram
of
the
historic
district
this
site
is
adjacent
to,
but
not
within
the
historic
district.
However,
the
city
did
adopt
business
district
guidelines,
including
height
maximum.
The
infill
is
anticipated
welcomed,
according
to
those
guidelines
to
protect
the
commercial
viability
of
the
small
businesses
in
the
area.
So
I
have
these
two
maps
slide
by
side,
so
you
can
see
how
the
project
relates
to
the
historic
district.
D
So
what
was
in
that
small
area
plan
adopted
by
the
city?
The
overall
purpose
is
to
support
the
economic
vitality
and
vibrancy
maintain
the
unique
character
of
this.
The
guidelines
for
infill
were
clearly
spelled
out
in
the
core.
Intensive
development
is
not
consistent.
There
are
no
buildings
there.
Now
today
in
2020,
there
are
no
buildings
that
are
more
than
six
storeys
tall.
New
development
is
welcomed
and
should
respond
to
and
contribute
to
this
unique
character
and
I
reiterate.
Six
storeys
was
listed
specifically
as
a
maximum.
So
that's
a
little
bit
about
the
background.
D
Let's
talk
briefly
about
the
project.
Orienting
you
to
the
site,
as
you
approach
Dinkytown
from
the
stadium
on
your
left,
is
sidney
hall.
That
is
six
storeys
tall
straight
ahead
of
you
on
the
left,
the
kotoba,
and
then
you
can
see
an
ease
in
the
back.
You
can
see
the
downtown
skyline
on
the
left,
the
McDonald's
before
you.
D
What
you
see
in
the
background
is
the
Chateau
that
is
outside
of
the
core
area,
and
you
see
the
proposal
site
where
the
arrow
is,
notably
the
signature
view
for
dinky
town,
the
dinky
town
USA
logo
below
is
that
exact
same
view
featuring
the
lower
scale
development
in
Dinkytown?
If
you
stand
in
the
core
and
look
towards
the
east,
once
again,
the
arrow
designates
where
the
building
would
be
you've
got
Goldy
gopher
sports
on
the
left,
Kodama
and
restaurants,
and
the
Loring
bar
and
restaurant
on
the
right.
D
All
of
these
are
two
and
a
half
at
most
stories.
So
the
end
once
again,
this
is
the
site
looking
a
little
bit
more
towards
the
site
where
McDonald
says
two
and
a
half
and
one
story
buildings.
If
you
stand
on
university,
the
other
gateway
to
dinky
town,
you
can
see
Annie's
there,
also
where
the
McDonald's
is
at
the
development
of
this
site
will
affect
all
these
few
sheds
near
the
University
as
well.
D
So
in
the
2040
plan,
the
city
looks
specifically
you'll
see
on
the
right.
The
smaller
diagram
with
the
recommended,
expanded
commercial
area,
the
city
and
the
2040
plan
adopted
that
said,
yes,
we
agree,
we
should
expand
the
commercial
area
within
this.
The
green
bordered
core,
lower
density
and
corridor
sucks
outside
of
that
area,
especially
up
on
15th
Avenue,
that's
transit
15,
so
they
expand
the
area
and
it's
consistent
with
a
small
area
plan.
Looking
at
the
built
form
the
same
thing
corridor,
six
transits
15
is
adjacent.
D
D
So
this
small
area
plan,
if
you
go
to
the
2048
web
site,
is
specifically
integrated
into
the
2040
plan,
together
with
its
height
guidelines.
So
shifting
to
this
project,
the
applicant
bears
the
burden
of
proof
to
show
that
they've
met
the
criteria
for
a
Cu
P
and
a
parking
variance.
This
site
is
developable
at
six
storeys.
In
fact,
it
would
not
need
a
parking
variance
if
it
were
six
story.
Building
at
the
same
density,
ten
stories
would
be
injurious
to
the
Dinkytown
district.
D
That's
one
of
the
criteria
is
this
project
injurious
to
the
surrounding
properties,
as
staff
cited
in
its
FA
are
denial,
this
project
may
alter
the
essential
character
of
the
locality
and
when
the
character
of
the
locality
is
central
to
its
economic
vitality,
that
seems
to
be
inconsistent
with
a
2040
plan.
The
C
UPN
variants
are
driven
solely
by
economic
considerations,
not
the
economic
considerations
of
the
community
and
the
small
businesses
that
thrive
there,
but
the
economic
considerations
of
one
party,
the
developer.
D
Secondly,
access
is
dangerous
and
inadequate.
I've
highlighted
here
the
site.
This
is
overlaid
on
the
city's
15th
Avenue
bike.
Improvements
that
have
just
been
put
in
I
am
a
year-round
cyclist
and
people
have
died
at
this
intersection.
This
proposal,
this
this
visual
from
what's
now
then
put
in,
has
wisely
separated
the
bikes
from
the
buses,
so
that
bikes
can
go
straight
through
and
buses
make
the
right
turn
and
cars
make
a
right
turn.
It's
a
separated
bike
facility.
D
The
access
to
the
project
is
by
the
alley
to
the
west
of
the
site
at
the
top
of
this
diagram,
so
that
people
who
are
getting
on
and
off
of
BRT
peep
biking
in
a
what's
proposed
to
be
a
separated
bike
facility
on
4th
Street
would
be
crossed
by
people
going
into
the
alley
and
trucks
for
the
commercial
uses
there
as
well.
So
those
two
futures
by
themselves
suggest
that
this
access
is
dangerous.
That
is
also
one
of
the
cep
criteria.
Is
this
a
safe
project?
This
is
a
heavily
used
areas.
D
Economic
vitality
depends
on
people,
walking,
biking
and
using
transit.
We
should
be
making
this
safer
for
people
walking
not
more
dangerous.
This
is
not
consistent
with
a
2040
plan.
The
2040
plan
specifically
states
on
the
smaller
plan
attempts
to
emulate
the
densities
and
Dinkytown
business
district
plan
and
corridor.
Six
building
heights
should
be
two
to
six
storeys
higher
buildings
are
not
a
reasonable
means
to
achieve
2040
goals.
It
conflicts
with
a
business
district
plan.
Note
we're
only
talking
about
four
blocks.
D
Four
square
blocks
and
part
of
that
is
owned
by
the
University,
so
it's
not
even
a
full
four
square
blocks.
So
if
you
look
at
the
citywide
goals
for
increasing
density,
this
is
a
very
small
area
to
increase
from
two
and
a
half
stories
to
six.
We
don't
need
to
go
to
ten
to
meet
citywide
goals
for
affordable
housing
and
densification,
specifically,
new
development
should
both
respond
and
contribute
to
the
unique
character
of
Dinkytown,
not
diminish
it.
So
that's
about
the
place
in
the
2040
plan.
Let's
talk
a
little
about
the
people.
D
There
was
extensive
community
engagement
at
several
phases
for
Dinkytown,
both
in
developing
the
small
area
plan.
There
was
innovative
outreach
that
engaged
students
and
people
of
all
walks
of
life.
The
2040
plan
you're
very
familiar
with
extensive
community
input.
There
are
40
small
area
plans
like
this
that
were
analyzed
with
respect
to
the
2040
plan.
This
small
area
plan
was
specifically
referenced
as
informing
the
2040
plan
and
its
density
recommendations
and
then,
finally,
in
project
review,
this
project
went
from
25
stories
to
10.
D
This
is
a
key
stage
for
you,
as
a
city
council,
to
build
confidence
in
the
2040
plan
implementation.
This
is
a
great
opportunity
to
follow
the
2040
plans.
Guidelines
on
built
form
corridor
sex.
Yes,
you
have
the
opportunity,
on
a
case-by-case
basis,
to
decide
more
density
as
needed,
but
we're
a
small
area
plan
is
explicit
about
keeping
the
height
at
six
storeys
to
retain
economic
vitality.
People
will
be
expecting
the
City
Council
to
lead
on
protecting
that
growing,
with
character
at
the
local
level.
D
So
if
it's
following
those
smaller
area
plans,
if
I
had
a
was
part
of
a
small
area
plan
elsewhere
in
the
city,
I
would
be
looking
at
your
actions
today
to
determine
how
those
small
at
small
area
plans
are
going
to
be
evaluated.
I'd
love
you
to
send
the
signal
you
participated,
you
count.
We
listened.
We
set
boundaries
and,
in
this
day
and
age,
boundaries
are
extremely
important.
Those
boundaries
make
a
difference,
boundaries
matter.
The
signal
you
will
sound
is
we
will
require
developers
to
honor
those
boundaries.
D
On
the
private-sector
investment
side,
you
revised
you
set
out
a
transformative
2040
plan
to
build
developer
confidence
to
welcome
investment
that
honors
plants,
the
builds
character
in
our
communities
and
to
reduce
reliance
on
variances.
You
define
the
boundaries
you
said
you
don't
have
to.
Guess
is
the
signal
you
want
to
send
to
developers.
We
welcome
development
that
follows
the
rules
that
saves
everyone
time
and
money
with
fewer
variances,
so
I
encourage
you
to
uphold
the
FA.
Our
denial
I.
Think
staff's
reasoning
on
that
was
sound
on
the
same
grounds
deny
the
Cu
P
for
height.
D
If
you
decide
to
grant
the
Cu
P,
you
send
a
signal
to
developers
that
it's
okay
to
depart
from
the
small
area
plans
in
the
2040
plan
and
then
denying
the
parking
variance
follows.
If
this
project
were
a
six
story,
building
the
parking
would
be
adequate
for
six
storeys.
So
with
that
I'd
be
happy
to
answer
any
questions.
Once
again,
it's
a
joy
to
see
development
come
to
Dinkytown
and
to
have
the
opportunity
to
speak.
You
today
and
I
want
to
thank
community
members
on
Mercy
homes,
Neighborhood
Association,
for
supporting
this
appeal.
I
think.
A
It
was
person
just
seeing
if
there's
questions
otherwise
I've
got
a
couple.
You
talked
a
little
bit
about
how
a
10
story
building
would
be
in
Juris
to
the
neighborhood.
If
you
could
kind
of
elaborate,
more
I
mean
it's.
The
point
really
was.
If
things
were
going
to
go
higher,
there
had
to
be
a
very
clear
community
benefit.
D
Schroeder,
thank
you
for
asking
that
question.
As
councilmember
Goodman
pointed
out,
the
benefits
that
are
listed
here
would
be
standard
for
a
major
development.
There's
nothing
it's
nothing
that
would
contribute
when
Marcy
homes
commented
in
on
the
December
Planning
Commission
Marcy
homes
listed
some
very
specific
community
benefits,
a
grocery
store
for
affordable
food
for
students,
a
greater
intensity
of
affordable
housing
and
commercial
space.
D
We
were
representing
them
per
se
today
address
that
specifically,
but
from
the
public
engagement
through
this
loud
and
clear,
we
had
more
people,
show
up
at
public
meetings
for
this
project
and
many
many
other
projects
and
specifically
saying
where's
the
affordable
housing
in
this
project.
Where
is
the
where
the
grocery
stores
thank.
C
Just
wondering
so
I
was
involved
actively
in
the
2040
plan
and
I.
Don't
recall
us
saying
that
corridor
six
was
six
storeys
or
corridor.
10
was
10
stories
that
was
like
the
baseline
and
that
you
could
go
higher
if
you
met
certain
criteria,
so
I'm
a
little
confused
that
there
seems
to
be
this
assertion
that
six
means
six
and
you
better
have
a
darn
good
reason
that
you
can
identify
to
us
to
go
higher
I.
Don't
actually
think
that's
true.
C
I
have
lots
of
neighborhoods
of
my
word
that
have
small
area
plans
that
have
been
incorporated
into
2040
and
we
view
the
small
area
plan,
information
as
guidance
and
so
I'm
just
wondering
if
you
could
tell
me
how
you
see
corridor
six
or
corridor
ten
as
an
example,
meaning
that's
how
tall
it
can
be,
and
it
can't
be
any
taller
than
that.
Perhaps
just
simply
adding
housing
to
the
city's
housing
stock
is
enough
to
go
from
six
to
ten.
Now
you
can
hear
I
don't
need
to
hear
all
the
testimony.
C
I
think
the
affair
situation
is
ridiculous,
so
I'm
not
sure
they
can
get
to
ten.
Without
that
fer
I.
Guess
I'll
find
out
from
them
how
they
plan
to
do
that.
But
I
am
NOT
as
bothered
by
the
height
I'm
bothered
by
the
idea
that
there's
an
assertion
that
City
Council
members
said
six
means
six
and
10
means
10,
because
I
don't
think
it
does,
and
I
have
very
I
have
four
or
six
in
court
or
ten.
In
my
ward
and
in
my
ward,
a
developer
would
never
consider
saying
I
wanted
build.
D
Chair
schroeder,
councilmember
Goodman,
thank
you
so
much
for
raising
as
I
agree
with
you
so
corridor
sex,
as
its
described
in
built
form,
says
from
two
to
six
stories
and
then
there's
really
specific
language
that
says,
and
if
it
does
meets
city
wide
goals.
According
to
the
2014,
we
would
consider
hire
I
agree
with
that.
That
makes
perfect
sense
in
this
particular
case,
the
very
specific
planning
for
this
economic
area,
the
city
paid
for
a
market
study
and
economic
analysis
for
the
vitality
for
Dinkytown.
D
That
study
resulted
in
a
very
specific
recommendation
of
we
want
infill.
We
invite
development.
In
fact,
there's
been
a
lot
of
development
since
then,
the
venue,
the
Marshall
Sidney,
came
before
that,
but
they're
all
six
stories
so
to
maintain
the
economic
vibrancy
and
part
of
it
has
to
do
with
what
the
space
the
commercial
spaces,
as
many
people
talk
about
naturally-occurring,
affordable
housing,
there's
also
naturally
occurring
affordable
commercial
space.
We
have
that
in
Dinkytown.
Let's
not
throw
it
away.
D
We
can
build
on
it
by
having
a
development
nearby,
be
six
stories,
so
I
agree
with
you.
The
corridor
sex
does
have
that
permissive
language
of.
If
there
are
bigger
goals,
bigger
benefits,
as
you
mentioned
before
by
all
means,
but
I
ask
you
in
the
case
of
Dinkytown,
where
there
has
been
specific
drill
down
an
analysis,
supported
and
paid
for
by
the
city
to
be
very
circumspect
of
increasing
from
sex,
where
six
was
defined
as
a
level
that
would
sustain
both
the
economy
and
the
character
of
this
very
unique
historic
district
and
commercial
area.
Mr.
C
Chair
I
just
am
curious
about
this,
so
you
think,
like
six
storeys
would
maintain
economic
vibrancy
and
more
people.
Won't
I
mean
I
kind
of
would
make
the
argument
that
you
have
more
economic
vibrancy.
If
there
were
more
people
we're
facing
vinalia
Park,
we
can't
get
a
grocery
store.
We
have
the
same
fight.
We
really
want
a
grocery
store.
There's
a
lot
of
people,
I
would
say,
building
more
what
attracted
grocer,
not
building
less.
Are
you
suggesting
that
they
could
build
the
same
number
of
apartments,
but
only
go
to
six
storeys
or
it's
really
just?
C
D
Is
a
chair
Schroder,
councilmember
Goodman?
This
is
a
great
example
of
where
boundaries
matter
or
boundaries
count.
You've
defined
a
commercial
core
where
the
vibrancy
and
the
investment
is
commercial
and
residential.
If
they
were
to
go
across
the
street
into
transit
15,
they
could
put
a
15
plus
story
building
in
they
have
chosen
to
go
into
an
area
that
was
designated
where
you
signaled
to
developers
that
this
was
corridor.
Six,
not
higher.
Where
the
business
district
plan
says
infill.
D
We
welcome
up
to
six
stories
so
to
go
against
that
I'm
not
going
to
stand
here
and
say:
I've
done
renewed
economic
analyses,
but
I
will
say
the
city
expanded
the
commercial
area.
We
welcome
development.
There
are
many
developers.
In
fact,
we
just
had
a
land
use
meeting
on
Tuesday
night,
where
people
were
asking
for
the
neighborhood
to
support
increased
density
and
that
still
goes
to
the
board
hasn't
been
voted
on
yeah.
D
But
the
sense
of
the
of
the
group
was
yes,
we
need
more
density,
okay,
but
if
we
don't
protect
a
particular
core
with
that
economic,
small
business
is
the
naturally
affordable
commercial
spaces.
We
won't
have
that
vibrancy
and
the
distinctive
character
we
want
more
community
benefits,
bring
us
the
grocery
store,
bring
us,
affordable,
housing
and
look
at
areas
outside
of
that
four
square
block
area.
There
are
plenty
of
opportunities
to
develop
in
Marcy
homes.
Don't
limit
your
creativity
by
that?
D
G
G
So
I
do
think
it's
important
not
to
make
the
clarity
of
statements
about
how
development
is
or
isn't,
meeting
meeting
rules
that
have
not
been
written
and
staff
are
working
on
those
rules,
along
with
council
member
Reich
and
Schrader
and
Gordon
meeting
as
a
steering
committee
to
write
those
rules,
I
think
there's
some
question
about
how
specific
or
open
those
rules
should
be
I.
Err
on
the
side
of
more
specific,
so
that
we
avoid
these
project-by-project
debates
that
I
think
Minneapolis
2040
was
intended
to
to.
G
You
know
resolve
because
we
have
thousands
and
thousands
of
people
across
the
city
engaging
in
the
high
level
goals
of
2040,
so
I
think
we
need
to
take
that
same
care
and
apply
those
same
high-level
goals
and
principles
to
resolving
these
questions
about
when
you
know,
when
do
we
look
for
more
height,
so
I
just
want
to
you
know
to
note
now
before
we
get
to
here.
Everyone
else
speak
that
we're
clearly
in
a
transition
period
where
we
have
not
updated
the
zoning
code
and
I
think
we
need
all
need
to
be
careful
about.
H
I
can
also
appreciate
how
we
are
in
this
transition
period,
but
I
just
think
for
technical
reasons.
We
should
clarify
what
rules
we
are
actually
supposed
to
be
paying
attention
to
this
project
came
in
and
it
came
in
under
the
previous
comprehensive
plan
and
the
staff
report
is
written.
Referring
to
that.
Is
that
correct?
I
So
this
is
a
pretty
unique
application
and
that
it
came
in
in
December
and
was
originally
evaluated
under
the
minneapolis
plan
for
sustainable
growth
upon
appeal,
it's
being
evaluated
under
minneapolis
2040,
so
statute
essentially
requires
that
we
evaluate
an
application
based
on
the
policies
that
are
in
place
at
the
time
that
it's
being
considered.
So
the
staff
report
was
intended
to
address
some
of
the
2040
policies
and
anticipation
of
a
potential
appeal.
I
Also,
we
have
the
rezoning
on
this
agenda
and
we
knew
the
rezoning
was
coming
in
under
2040,
but
was
evaluated
by
Planning
Commission
under
the
minneapolis
plan
for
sustainable
growth.
So
it's
a
pretty
unique
situation
that
we
find
ourselves
in.
But
decisions
being
made
today
for
consistency
with
the
comp
plan
should
be
made
considering
consistency
with
minneapolis
2040.
H
That
certainly
puts
us
in
a
very
challenging
situation,
since
we
have
not
outlined
what
2040
actually
means
to
allow
a
conditional
use
permit
for
height.
So
we
are-
and
we
it's
impossible
for
me
to
make
that
judgement,
because
we
have
something
that
relates
to.
If
it
backs
up
city
goals
of
the
comp
plan,
we
can
make
exceptions
and
we
haven't
defined
what
that
actually
means
and
in
the
staff
report.
H
What
we're
looking
at
is
the
goals
of
the
Comprehensive
Plan
for
sustainable
growth,
because
it
was
being
evaluated
for
the
conditional
use
permit,
ohai
based
on
those,
so
that
is
puts
us
in
a
uniquely
challenging
position
and
I
would
say
not
necessarily
very
wise,
since
we
haven't
even
set
the
policy.
Yet,
although
we
we've
called
it
out,
so
we're
all
on
our
own
to
say
whether
or
not
we
think
it
meets
the
enough
of
the
comprehensive
plan.
H
2040
goals
to
allow
conditional
use
for
increasing
the
height,
where
we
haven't
necessarily
defined
that
and
nobody
has
even
like,
looked
at
each
goal
and
analyzed
it,
which
is
typically
done
by
staff
for
us
being
the
staff
report,
whereas
it
was
done
based
on
the
20/20
comprehensive
plan
goals.
So
what
was
we
should
not
ignore
I
guess
so.
I
There
are
portions
of
the
staff
report
that
did
analyze
both
2040
in
the
Minneapolis
plan
for
sustainable
growth,
so
under
the
rezoning
section,
but
it
was
a
very
high
level
again,
not
knowing
where
we
were
gonna
find
ourselves
so
just
evaluating
really
the
built
form,
districts
and
the
land
use
here.
So
yes,
we
do
find
ourselves
in
a
somewhat
awkward
position
per
state
statute.
We
have
nine
months
to
bring
our
zoning
code
up
to
a
point
where
we're
eliminating
any
overt
conflicts
between
the
code
and
the
comp
plan.
I
That
work
is
being
done,
but
it's
going
to
take
some
time,
we're
working
again
with
the
committee
to
try
to
get
a
sense
of
what
these
height
increases
are
going
to
look
like
and
what
the
process
might
be.
But
this
will
likely
not
be
the
only
application
that
we're
gonna
be
considering
for
height
increases
before
the
zoning
code
is
updated.
I
can.
H
J
Customers,
Neil
Reardon
ESG
architecture
and
design
I'll
be
joined
by
my
colleague
Alyssa.
Thank
you.
All
I'd
particularly
like
to
like
to
thank
everyone.
Who's
been
a
part
of
this
process
over
the
last
almost
a
year
in
working
navigating
through
the
various
things
that
were
just
discussed.
So
thank
you
to
staff
everyone
at
the
city
and
thank
you
to
the
neighborhood
and
all
the
other
stakeholders
who
have
helped
us.
J
You
know,
shape
this
project
and
take
it
to
where,
where
it
is
today,
at
the
December
9th
hearing,
we
heard
the
Planning
Commission's
comments,
we've
since
the
revise
the
project
and
some
and
we
believe
some
meaningful
ways.
Those
have
already
been
outlined
for
you
today,
but
but
mainly
the
two
are
we
heard
that
the
massing
of
the
building
should
should
be
reduced
on
the
fer
de
Nile,
we've
revised
that
approach
and
I'll
show
you
a
little
bit
more
about
that
here.
In
a
minute.
J
Secondarily,
we
were
asked
how
the
project
addresses
the
climate
crisis
and
we've
put
a
you
know.
Greater
focus
on
that
on
the
sustainability
features
had
some
time
to
really
outline
that
so
we're
gonna.
Do
that
succinctly.
For
you
here
shortly,
what
I'm,
showing
you
here
first
is
bird's
eye
of
of
the
of
the
of
the
previous
project.
As
noted,
it
was
a
large
donut
in
in
floor
plan,
and
you
can
see
the
the
bird's-eye
view
of
it
there
in
in
the
site
context.
J
As
already
noted,
many
of
the
buildings
in
the
in
the
area
have
they've
been
built
in
the
last
10
or
15
years.
Our
six
story,
buildings
to
the
north
along
along
15th
Avenue,
has
already
noted,
that
is
in
the
2040
comp
plan,
at-15
designated
district,
and
then,
additionally,
you
know,
there's
there's
pieces
and
parts
of
neighborhoods
here
like
like
the
Chateau
that
do
pop
up
and
and
our
18
stories.
J
So
I
wanted
to
put
this
in
perspective
in
terms
of
the
context
with
that
image:
I
just
flipped
forward
to
to
the
new
design
the
the
revisions
that
we've
made
in
the
in
the
massing
to
the
building.
You
can
see
there
how
we've
we've
revised
that
into
really
have
two
courtyard
courtyards
that
face
southeast
and
northwest
respectively
and
reduced
some
bulk
in
other
areas.
What
this
had
done
is
is
is
really
concentrated.
J
The
bulk
into
the
lower
levels
and
into
the
middle
of
the
parcel
or
the
middle
of
the
site
there
in
red,
you
can
kind
of
see
those
those
outlined
on
the
on
the
screen
just
to
I,
think
everybody's
oriented.
Already
this
the
site
includes
the
half
block
here.
It
includes
four
parcels,
some
of
which
are
designated
c1
under
current
zoning
and
some
of
which
are
doesn't
need
c200,
Kranz,
owning
some
existing
photos
of
the
heavy.
J
You
know
surface
parking
and
drive
through,
which
has
already
been
noted,
I
think
most
people
are
very
familiar
with
this
site,
so
I'll
go
through
these
close.
Lastly,
I
did
want
to
note
you
know
some
terms
of
existing
site.
There
are
three
curb
cuts.
You
can
see
those
in
that
photo.
All
three
of
these
curb
cuts
would
go
away
as
part
of
this
project
and
really
how
we're
achieving
that
is
with
a
through
through
block
shared
alleyway.
J
It
would
serve
the
other
properties
on
the
block
as
well
as
ours.
This
reduces
all
the
curb
cuts
and
also
takes
all
the
loading
and
other
functions
that
could
and
shouldn't
happen
on
this
on
all
three
streets
and
and
puts
them
into
the
internal
part
of
the
site
and
additionally,
I
outline.
You
know
some
of
the
what
I
feel
are
strong
benefits
to
the
to
the
improved
site
plan,
so
there
on
the
right,
I'll
just
notice,
there's
an
enlarged
proposed
public
plaza
here
at
the
corner.
J
So
this
is
that
chamfered
edge
that
exists
at
the
bridge
at
44th,
Street
and
14th
and
15th
Avenue,
and
that
improved
experience
there
we
other
think
is
a
valuable
thing
to
this
project.
That
is
a
kind
of
a
barren
just
concrete
slab
right
now,
with
with
one
bus,
stop
that
actually
serves
to
very
busy
bus
lines
and
we've
since
reorganized
those
stations
as
a
part
of
this
work
as
well.
C
J
Is
not
a
public
alley
right
now
right
now,
there's
an
easement
on
part
of
it
and
we
are
exploring
an
additional
easement
as
part
of
the
the
new
plan,
so
it
would
involve
two
easements.
It's
it's.
It's
not
a
public
alley
right
now
and
it's
actually
not
a
through
alley
at
all.
Right
now,
it
just
is
accessed
from
both
sides
and
then
a
dead
ends
on
each.
So
this
would
be
a
significant
improvement
for
loading
for
the
other
adjacent
parcels
that.
C
Sir
I
was
gonna:
ask
you
about
so
how
does
that
affect
the
properties
on
the
other
side
of
the
streets?
I
mean
like
so
they've
been
living
next
to
living
and
other
businesses
have
been
living
next
to
something
that's
been
less
dense
and
less
chaotic,
but
is
this
an
improvement
for
I'm
sure
they'll
speak
to
that?
But
does
they
view
this
as
an
improvement
for
their
own
loading
and
unloading,
or
do
they
view
it
as
a
gigantic
tower
overshadowing
them
and.
K
L
C
J
So
the
fact
that
the
reflect
that
we're
sharing
it
is
an
enhancement
for
us,
we
believe
or
them
but
I
believe
it's
an
enhancement
for
them
in
that
they're
not
gonna,
have
to
back
out
and
and
do
a
turnaround
with
each
of
the
dead-end
situations
that
they
currently
have.
This
cleans
up,
it
clearly
delineates
where
the
vehicles
could
should
go
and
when
they're
gonna
go
in.
M
I
can
address
that,
as
we
have
addressed
the
other
property
owners
and
having
that
through
acts.
That's
right
now,
because
it
kind
of
dead
ends
there
and
there's
trash
cans
and
there's
actually
a
lot
of
vagrant
activity
there
that
they
do
not
like
so
having
the
activity
along
they're,
getting
it
off
the
street,
because
all
their
deliveries
are
coming
down
the
street
right
now
so
to
be
able
to
have
that
corridor
for
it.
It's
everyone's
very
excited
about
that
opportunity
and.
A
J
Effects
a
fairly
quick
summary
customer
Schrader,
so
the
the
difference
is
before
we
had.
We
were
once
shy
on
the
internal
loading
spaces
within
the
building.
We
had
to
we've
since
increased
that
to
four
additional
Airy.
Additionally,
what,
but
not
with
respect
to
the
loading
requirement.
We
have
some
ancillary
loading
space
in
a
widens
own
along
the
alley
and
that's
really
there
to
supplement
what's
happening
on
the
inside
of
the
building.
J
So
those
are
the
changes
since
since
Planning
Commission
on
December
9th
I'll
just
outline
quick,
we
have
one
sublevel
of
parking
here
at
the
at
the
at
the
b2
level
and
then,
additionally,
at
the
b1
level,
which
is
the
level
of
the
building
that
faces
5th,
Street,
5th,
Street
being
one
level
lower.
There
is
an
enclosed
parking
with
commercial
spaces
there
in
blue
and
then
the
commercial
space
along
fifth
that
fronts
the
street,
so
one
in
one
in
2/3
levels
of
parking.
This
is
the
level
one
plan.
J
You
can
start
to
see
the
the
two
courtyards
there,
as
well
as
the
site
plan
overlayed.
This
is
a
typical
floor,
showing
here
with
the
double
courtyards
and
then
an
upper
floor
here,
where
it
steps
back
at
those
to
create
those
larger
courtyards.
Additionally,
the
roof
plan
showing
how
we've
maximized
the
solar
potential
of
the
roof
and
will
lead
to
that
in
the
sustainable
strategies
shortly.
N
Thank
you
for
having
us
today,
I'm
going
to
speak
to
some
of
the
design
elements
as
we
walk
around
the
building,
so
we're
gonna
start
here
at
4th,
Street
and
15th
Avenue,
and
you
can
see
that
the
building
the
the
taller
portions
of
the
building
are
really
stepped
back
from
the
street.
So
we
can
continue
the
two-story
expression
of
historic
Dinkytown
and
those
commercial
spaces
all
along
fourth
Street,
and
also
bringing
the
warmth
of
the
brick
facades,
the
warmth
and
the
timelessness
of
that
material
along
4th
Street.
While
still
having
a
very
welcoming
corner.
N
N
Real
quick,
you
can
also
start
to
see
where
we
have
carved
away
the
mass
to
accentuate
and
highlight
the
six
story:
portions,
where
the
building
steps
back
and
relieves
into
those
courtyards
and
along
4th.
Street
here
is
5th
Street
and
15th
Avenue.
So
here
we
both
respond
to
the
two-story
expression
of
Dinkytown,
as
well
as
the
taller
buildings
to
the
north.
So
it's
a
three
storey
and
two-story
brick
volume
loss
of
store,
front
glazing,
lots
of
commercial
activity,
metal
canopies
a
lot
of
pedestrian
elements
here.
N
This
would
be
the
view
from
Target
if
you're
standing
at
Target
on
fifth
and
14th
Avenue.
So
again,
here
you
see
where
we
have
strategically
carved
away
the
mast,
pulled
it
in
from
the
building
accentuating
the
corner,
so
that
this
project
has
its
place
in
the
community
as
well
as
honoring.
What's
there
already.
N
And
here
the
view
from
fourth
Street
and
14th
Avenue,
so
this
would
be
the
goldie
is
a
commercial
storefront
and
you
can
see
how
the
project's
4th
Street
facade
really
continues
that
character
of
the
two-story
dinky
town,
at
the
warmth
of
those
textures,
the
materials
along
4th
Street,
and
then
the
taller
portions
of
the
building,
accentuating
the
six
storeys.
But
then
providing
a
backdrop.
So
the
taller
portion
is
becoming
more
of
a
backdrop
to
the
dinky
town
area.
N
So
again,
back
to
the
approach
on
4th,
Street
and
15th,
and
really
looking
at
how
this
prominent
corner
and
Plaza
defines
the
projects
place
in
the
community
and
its
role
to
serving
students
at
the
University
of
Minnesota,
while
still
having
the
warmth,
the
character,
bringing
these
textures
of
materials
and
scale
in
the
places
where
it
matters
along
the
street
and
the
public.
Prominence.
J
So,
just
in
summary,
that
kind
of
concludes
I
think
we've
covered
how
we've
reduced
that
reduce
the
bulk
here,
shifting
down
to
six
stories,
so
we
think
that
there's
a
visible
reduction
in
the
massing
here
by
by
concentrating
more
of
it,
it
is
the
same
square
footage.
It
is
the
same
f
AR,
and
we
feel
like
that.
This
is
the
project
that
that's
feasible,
to
bring
so
to
move
to
the
next
section
as.
H
M
C
C
C
M
C
To
know
that
you've
already
had
the
staff
and
the
Planning
Commission
say
the
SAR
is
inappropriate
and
what
you're
telling
me?
Well,
you
told
councilmember
Gordon
that
this
was
purely
economic.
You
had
no
practical
difficulty
and
you're
telling
me
if
you
don't
get
it
approved,
then
there
is
no
project.
So
you're
asking
us
basically
take
this
one
or
nothing,
that's
pretty
easy
decision.
For
me
it
might
not
be
for
everyone
else,
but
well.
L
C
M
And
as
a
responsible
developer,
I
wouldn't
be
responsible
to
give
you
a
project,
that's
not
viable.
They
come
here
and
get
something
to
prove
that
really
just
can't
ever
be
built
and
waste
everyone's
time
so
I.
It's
my
responsibility
to
show
a
project
that
we
can
actually
do.
I
think
that's
important
about
it'd.
C
G
Thank
You
mr.
chair
I,
think
I
had
similar
questions
perhaps
intended
to
be
phrased
differently.
I
I
did
want
to
note
that
the
design
has
changed
significantly
since
the
Planning
Commission
saw
it
and
I
think
it's
too
bad,
because
I
think
that
project
that
we
see
today
was
going
in
a
direction
that
the
Planning
Commission
probably
would
have
been
a
lot
more
amenable
to
and
perhaps
would
have
been
able
to
work
with
you
and
staff
to
get
to
a
project
that
could
have
been
approved
right
and
so
I
was
also
interested
in
and
I
think.
G
You've
already
answered
this
question,
but
with
with
the
staff
recommendation
of
the
9fa,
our
variance
I
mean
the
carry,
is
pretty
significant
weight,
I
think
with
policy
makers
and
so
for
us
to
be
able
to
disagree
with
the
decision
of
staff
that
recommendation
of
staff.
We
would
you
know
we
would
have
to
hear
really
compelling
reasons
to
to
approve
that
F.
G
They
are
I'm
interested
in
this
in
a
policy
sense
too,
because
I
don't
we
haven't,
we
don't
have
a
lot
of
ten
story,
buildings
approved
or
proposed
in
part,
because
our
policy
guidance
has
been
so
all
over
the
place
that
developers
didn't
know
if
they
should
build
a
25
story.
Building
or
six
story
building
and
I
mean.
This
is
not
just
the
only
example
of
places
where
there
for
sure
if
they
should
propose
a
point
top
tower
or
a
or
a
six-story
stick
building,
and
so
I
I,
you
know
again
I
think
2040.
G
But
at
you
know,
I,
don't
think
we
want
a
bulky,
six
story
building
any
more
than
we
want
a
bulky,
ten
story
building,
and
so
in
some
ways,
if
they
are,
you
know
fer
as
a
measure
of
the
total
volume
of
a
building.
But
then
we
have
other-
and
this
is
maybe
what
you're
talking
about
with
the
perceived
FA
are
which
is
like.
How
does
it
feel
when
you're
walking
along
it
on
the
street
and
again
I
think
this
building
that
you
showed
us
today
versus
the
one?
G
That
means
a
Planning
Commission
feels
very
different
to
a
person
walking
along
the
street
with
the
way
that
the
bulk
has
been
broken
up.
So
maybe
there's
are
some
comments,
but
I
guess.
My
older
underlying
question
was
the
same,
which
is
why
bring
us
a
building
that
has
the
same
Farr?
That
staff
has
recommended
denying.
J
Yeah
how's,
the
president,
vendor
I'll,
just
suggest
that
briefly,
with
a
few
things,
the
the
project
as
we've
evaluated
it
in
the
last
almost
year,
has
always
included
a
round
the
same
amount
of
square
footage
as
well
as
a
target
of
325
to
360
units.
So
yeah
includes
the
25
storey
tower.
Additionally,
I'll
know
that
previously
this
this
site
studied
it
at
six
storeys
a
lot,
and
there
was
never
a
rendition
of
that
that
was,
it
was
feasible
to
any
to
a
client
to
this
client.
So
I'll
just
note
those
two
things
and.
M
I
think
I'll
have
the
difference
that
we
haven't
seen
and
we're
short-circuiting
a
little
bit
of
this
is
our
sustainability
approach
and
I.
Think
that's
going
to
be
something
that
we
haven't
seen
and
that's
why
we're
justifying
this
FA
art,
and
so,
if
you'll,
just
give
us
the
time
to
address
that
we
have
a
very
robust
approach.
Our
head
of
global
sustainability
is
here
to
kind
of
run
through
that
with
us
real
quick.
So
if
you
sure.
A
Do
have
one
point
on
that,
though
I
mean,
though
your
point
about
the
having
the
same.
You
know
floor
like
same
ratio
of
like
how
it
looks
I
think
there's
been
a
lot
more
thought
from
what
we
initially
saw
on
Planning
Commission
to
get
to
here.
I
just
want
to
make
sure
that
that's
you
get
that
point
clearly,
like
the
I,
really
appreciate
all
the
thoughtfulness
and
that
comes
out
in
this,
but
we
would
have
had
a
different
conversation
having
started
with
this
as
I
think
the
point
we're
trying
to
make
yeah
I.
R
And
thank
you,
members
of
the
council,
so
you
know
I.
We
have
many
projects
in
our
in
our
firm,
like
you
can
imagine,
but
when
I
heard
that
your
municipality
is
concerned
about
the
climate
crisis
that
made
this
project
for
me,
a
priority
and
I
wanted
to
be
directly
involved
in
this
project
because
having
worked
in
different
countries
when
I
find
a
municipality
that
is
so
invested
in
sustainability,
that
is
where
I
have
the
opportunity
to
have
the
most
impact.
That's
that
synergy,
that
dialogue
with
the
municipality
allows
us
to
promote
meaningful,
sustainable
development.
R
Through
this
project
and
I'm,
not
talking
at
FA
are
I'm
talking
about
sustainability
through
this
project.
If
you
decide
to
approve
this
project,
you
and
your
community
will
become
an
active
player
in
the
fight
against
climate
change.
I
just
want
to
make
that
clear
and
at
the
same
time
you
will
be
able
to
improve
the
living
standards
of
thousands
of
people.
R
R
From
an
environmental
standpoint,
we
are
increasing
the
standards
of
this
building
to
the
equivalent
of
a
LEED
Silver.
If
not
possibly,
gold
certification,
we
are
addressing
more
heavily
stormwater
management,
water
efficiency,
saving,
gallons
of
water,
the
equivalent
of
an
Olympic
sized
pool
for
four
and
a
half
months:
indoor,
environmental
quality,
energy
efficiency.
We
are
talking
about
LED
fixtures,
we
are
talking
about
sensors
and
so
on
and
so
forth.
On
top
of
this,
we
are
going
to
provide
shared
vehicles
program
for
the
residents.
We
are
providing
preferred
parking
for
green
vehicles
and
electric
vehicle
charging
stations.
R
R
We
are
adding
solar
panels
to
the
roof.
We
have
maximized
the
area
of
the
roof
to
include
a
solar
photovoltaic
system
that
will
be
able
to
offset
57
percent
of
energy
consumption
of
the
building,
and
so
it
would
be
renewable
energy,
and
these
will
also
allow
a
reduction
in
the
energy
bills
of
the
residents
and
the
retail
tenants.
R
R
A
R
M
M
R
We
will
be
providing
recycling
and
composting
programs,
robust
programs,
but
on
top
of
that
we
are
partnering
with
an
organization
that
will
bring
high
social
impacts.
How
this
organization
collects
waste
food
from
the
residents
and
will
turn
into
composting
for
local
consumption,
so
landscaping,
agriculture,
farmers?
They
can
all
have
the
composting
coming
from
the
building
operations
and
waste
from
the
retails.
This
organization
collects
a
news
food
that
will
go
into
the
landfill
to
feed
the
homeless
and
to
feel
other
disadvantaged
segments
of
the
population,
so
another
big
social
impact.
There.
R
We
are
starting
from
a
60%
waste.
Diversion
rate
from
the
landfill
is
a
starting
point,
and
on
top
of
this,
we
are
also
adding
an
energy
management
system.
A
software
we
have
signed
an
agreement
we
have
acquired
the
software
from
measurable
measurable
is
a
company
international
company
that
provides
state
of
the
art,
software
for
utility
management
and
performance
of
the
building
and
sustainability
reporting.
So
with
full
transparency
as
well.
R
Any
time
you
want
to
know
about
the
environmental
impact
of
the
building,
we
will
be
able
to
report
to
you
instantly
the
metrics
that
you
care
about
water,
consumption,
electricity,
gas
reductions,
greenhouse
gas
emission
reductions,
and
every
year
we
will
set.
This
will
be
as
part
of
its
is
part
of
our
corporate
strategy
area.
We
set
targets
that
we
work
toward
reducing.
R
Finally,
we
will
be
building
according
to
a
well
certification
standard.
Well,
certification
is
a
global
certification
standard,
it's
like
lead,
but
it
also
address
health
and
the
well-being
of
the
residents
and
the
reason
why
we
want
to
do
this
is
because
we
want
to
allow
the
students
that
come
to
live
in
our
building
to
focus
on
what
they
are
coming
for,
which
is
studying,
and
it's
very
common
in
our
building,
that
our
building
is
preferred
to
University's
library,
for
students
to
study,
because
we
build
to
those
standards.
So.
R
Heard
about
community
benefits-
and
you
know
I-
was
brought
here
to
talk
about
the
climate
crisis.
I'm
learning
more
about
your
concern
about
community
benefits.
I
will
be
more
than
happy
to
address
that
issue
as
well,
and
we
can
do
much
more
there
and
you
know
every
time
there
is
always
an
opportunity.
R
M
So
it
kind
of
to
your
point
there:
that's
why
we're
setting
these
benchmarks?
We
don't
have
a
fully
designed
project.
We,
you
know
you
have
to
set
the
you,
have
to
set
the
parameters
and
the
goals
at
this
stage
of
the
game
and
then
we'll
get
into
exactly
how
those
were
best
so
that
so
as
far
as
lead
and
well,
those
are
kind
of
the
programs
that
we've
outlined.
So
those
are,
the
commitments
were
Ameland
awake.
M
So,
at
the
end
of
the
day,
yes,
we're
asking
for
this
FA,
our
variance
and
and
I'm
very
sincere
and
I
have
been
sincere
from
the
start
about
the
realities
of
needing
the
density
and
needing
the
FA
are,
and-
and
ultimately
that's
where
we
stand
here
talking
talking
through
here,
just
about
where
we're
at
with
the
project
we've
we've
worked
for
over
a
year
now
on
the
community
benefits
and
those
should
not
be
under
addressed.
Here
we
talked
about
the
retail,
giving
the
way.
M
That's
that's
a
million-dollar
hint
to
the
value
of
the
building,
and
so
that's
not
insignificant,
so
affordable
retail
is
something
that
we
heard
very
early
on
and
that
we're
addressing
to
bring
those
small
local
businesses
back
into
the
community
and
keeping
them
in
a
dinky
town.
So
I
think
that's
important.
M
Another
misconception
is
about
the
grocery
store
and
which
councilmember
Fletcher
is
here
because
we
we
talked
about
this
a
quite
extent
and
the
issue
we
ran
into
is
with
the
liquor
license
and
the
liquor
license
being
a
state
law
of
only
only
certain
grocery
stores
you
can
have
one
in
the
region,
so
it's
not
viable
for
the
grocery
store
to
be
a
twenty
thousand
square
foot
grocery
store.
We
are,
however,
still
in
talks
with
urban
format
grocery
store,
so
that's
and
then
8,000
to
10,000
square
foot
range,
so
we're
in
very
extensive
talks
to
those.
M
But
like
again
we
don't
have
a
project
yet
so
they're
not
able
to
commit
the
time
to
the
resources,
but
a
lot
of
places,
targets
and
and
other
ones
are
rolling
up.
The
smaller
format
one,
but
we're
more
focused
on
the
grocery
aspect.
Not
not
all
the
other
stuff,
specifically
grocery,
and
that's
what
we're
targeting
there.
So
there's
a
lot
of
innovation,
stuff
we're
talking
to
urban
bodega
in
Phoenix,
and
they
they're
talking
about
coming
here.
So
we
are
really
into
that.
That
is
not
off
the
table
at
all.
That's
completely
in
play.
M
It's
really
good
here,
so
we
have
that
space
carved
out
and
we
do
have
that
as
an
option
so
that
that's
kind
of
a
misnomer
that
that's
off
the
table
there,
that's
significantly
a
focus
of
ours
and
we
have
a
dedicated
retail
person
on
them
going
through
that,
of
course,
you've
heard
about
the
urban
improvement
and
how
the
urban
improvements
going
to
completely
increase.
You
heard
the
sustainability
each
of
our
residents.
Carbon
footprint
is
now
significantly
reduced.
Each
of
these
people
in
this
building
are
gonna,
be
significantly
reduced.
Affordability.
M
We
helped
pioneer
this
early
on
with
the
framework
in
helping
kind
of
with
the
feedback
loop
about
what's
viable
for
student
housing.
There's
been
policies
passed
about
multifamily,
but
the
student
housing
is
very
different
and
so
we've
helped
with
the
framework
of
that
early
on,
and
it's
been
a
very
important
piece
whether
today
supply
is
really
a
great
way
to
combat
this,
and
a
thousand
almost
a
thousand
beds
is
really
one
of
the
pieces
that
will
really
help.
M
Do
that
and
add
this
right
at
the
doorstep,
a
transit
hub
right
at
the
doorstep
of
the
University,
so
I
do
believe
all
those
things
going
forward
significantly
go
above
and
beyond
the
2040
plan,
and
we've
done
a
lot
of
work
to
get
there.
We
as
a
developer
are
not
your
typical
developer.
We
we've
we've
carried
through
on
our
promises
here
in
Minneapolis
and
we
have
across
the
country
we're
very
sincere
about
this
project
and
the
impacts
and
the
positive
impacts
that
can
have
across
the
platform.
M
We
know
this
suburban
site
is
not
what
we
want
here
right
now
and
I'm
very
sorry
about
the
timing,
there's
four
different
owners
and
they
all
don't
like
each
other
and
they
all
have
different
plans.
Some
of
them
have
plans
to
renovate
and
we
sure
don't
want
that
for
another
50
years,
so
I
I
know
this
comes
out
a
really
bad
time
as
far
as
2040
goes.
But
this
is
the
opportunity
we
have
here
and
the
real
opportunity
that
we
have
to
make
some
change
for
that.
M
A
Seeing
any
other
questions
I
will
now
open
the
hearing
to
members
of
the
public
would
like
to
address
the
committee.
Please
limit
your
comments
to
two
minutes
per
person,
which
will
be
tracked
with
the
timer
by
the
clerk.
Didn't
you
remember
the
public
like
to
speak
and
if
you
could
say
your
name
and
address
for
the
record,
please
good.
S
Morning,
council
members,
I'm
Eric,
Wonderlic
I
live
at
413
Fifth
Street
southeast
I
am
vice
president
of
the
Marcy
homes.
Neighborhood
Association
been
involved
with
this
project
all
the
way
through.
But
my
comments
are
my
own
they're,
not
on
behalf
of
the
Neighborhood
Association.
This
developer
came
to
us
with
a
25
story.
Building
proposed
said
they
couldn't
consider
anything
less.
They
came
back
later
with
a
10
story.
Building
they
were
asked
throughout
the
project
about
rooftop
solar
lead
these
kinds
of
things
which
they
rejected
out
of
hand.
S
They
came
to
the
neighborhood
with
a
proposal
for
a
building.
That's
going
up
next
to
the
southeast
library.
Now
the
our
von
Fraser
library,
they
didn't
really
recognize
it.
They
thought.
Maybe
there
was
an
important
building
next
door
to
this,
but
they
didn't
do
their
homework.
They
have
no
idea
who
Ralph
Rapson.
S
Is
that
aside,
part
of
Minneapolis
plan
for
development,
the
previous
long-range
plan
and
the
2040
plan,
which
is
I,
was
also
very
involved
in
our
tenants
that
the
that
projects
would
be
supported
that
also
address
and
add
to
the
support,
existing
character,
areas
and
historic
districts,
so
projects
that
would
come
forward?
Would
we
also
analyze
on
how
they
add
to
the
fabric
of
the
community
in
these
existing
recognized
areas?
Dinkytown
is
one
of
a
handful
of
areas
in
the
city
that
is
recognized
as
forts
character
for
its
history
and
honestly,
this
is
about
height.
S
You
know
whether
that's
through
a
rejection
of
the
floor
area
ratio
or
the
conditional
use
permit,
it
kind
of
is
about
height,
and
what
a
building
a
10-story
building
would
do
to
the
character
of
Dinkytown
I
would
support
a
25
story.
Building
two
blocks
north
of
this
site.
You
know
and
again,
I'm
speaking
personally.
If
this
building
were
proposed
a
block
or
two
outside
of
the
heart
of
Dinkytown,
it
would
be
received
very
differently.
We've
supported
buildings
and
density
throughout
the
community.
S
O
T
Thank
you
for
allowing
me
to
speak.
I'm
David,
Moseman
I
live
at
619,
eighth
Street
southeast
and
I
often
use
that
corner
to
transfer
from
buses.
I
have
a
master's
in
public
health
and
have
used
in
us
when
I'm
standing
there
I
look
to
what
is
safety.
What
is
convenient,
what
are
the
hazards
we're
talking
about?
Raising
the
heights
of
the
building
that
building
will
go
from
6
to
10.
Their
joint
is
justified
by
changing
the
path,
traffic
flow
of
the
buses,
the
bikes,
etc.
I
think
those
are
hazards
and
not
benefits.
T
I
think
we
do
need
to
also
consider
what
we're
doing
and
talking
to
to
our
young
people
come
into
the
college.
Our
young
people
come
to
the
college,
often
from
suburbia
or
rural
Minnesota.
They
are
used
to
maybe
two
three
stories
built
environment.
They
can
walk
into
dinky
town
and
feel
at
home.
They
said
get
ten
stories.
Twenty
stories
they
get
worse
tying
themselves,
walking
into
a
concrete
Canyon
they're
not
going
to
find
comfortable
to
transition,
and
we
are
talking
this
decade
in
a
major
transitions
in
many
ways.
T
I
love
the
lead
standards,
I
love
the
rooftop,
solar
I
love,
many
of
the
things
that
they're
putting
in
there
and
I
look
forward
to
them
coming
back
with
a
six
story.
Building
that
will
make
students
that
you
comfortable
coming
to
and
transitioning
as
they're
transitioning
out
of
adolescence
into
young
adulthood.
Thank
you
thank.
U
My
name
is
DJ
Chawla
and
I'm
at
the
India
kitchen.
Next
to
the
five
guys
now
I've
been
going
there
from
last
six
months
since
we
opened
the
place,
we'd
love
to
stay
here,
but
since
I've
been
working
here
in
that
place.
Actually
there
is
an
alley
with
the
talking
about
in
that
in
the
parking
in
the
back
into
the
liquor
store
every
time,
I
go
there
or
leave
he's.
U
Actually
it's
a
disaster
in
the
back
alley
is
so
narrow
that
you
cannot
even
drive
inside
you,
don't
know
who's
coming
out
from
the
north
side
from
the
east
side
of
West
Side,
it's
very
hard
to
even
get
out
of
the
parking
behind
the
McDonald
I'm.
Actually,
here
just
to
encourage
the
developer.
You
guys
to
give
him
to
develop
this
place
is
behind
their
place.
Is
the
junk
is
ghetto?
In
every
time
you
go
there?
People
are
drinking
and
trash
all
over.
U
The
building,
I
think
the
developer
are
trying
to
help
the
city
to
do
something
good
in
that
corner.
It
seemed
like
you
guys
are
giving
a
hard
time
not
to
build
the
place.
They
can
go
somewhere
else
and
build
that
developing
and
bring
communities
so
together
a
nice
and
clean
area.
This
is
this
area.
Isn't
one
of
the
best
ghetto
in
the
back?
You
cannot
Park,
you
can
be.
Your
car
can
be
broken
anytime.
The
trash
is
all
over
behind
it.
All
the
time
homeless.
U
L
Meyer
6-4
1-6,
Street
southeast
I've
lived
in
this
neighborhood
for
a
decade
and
I
was
really
excited
to
see
this
project
coming
forward
because
of
all
the
benefits
that
it
would
bring.
The
biggest
one
is
getting
rid
of
that
drive-through
and
that's
a
very
expensive
community
benefit
for
us
to
be
able
to
get
because
now
that
drive
throughs
are
banned
throughout
the
city
and
there
they
had
already
banned
been
bad
in
that
pedestrian
overlay
area
it.
You
know
the
owner
is
going
to
put
a
premium
on
that.
L
This
location
is
next
immediately.
Next
to
the
two
three
and
six
bust
lines,
numerous
Express
bus
lines,
campus
bus
line
is
close
to
the
for
the
e
line.
Bus
rapid
transit
is
scheduled
to
come
there
and
when
I
think
about
this
I'm
thinking,
you
know
I
I
want
to
rescue
as
many
suburban
commuters
as
possible
and
enable
them
to
live
close
to
campus,
to
be
contributing
to
our
attack
space
help
it
helping
pay
for
our
parks
and
our
schools
and
I
say:
I
have
20
seconds.
L
L
V
Yes,
I'm
Christian,
ad
Tollefson
and
I'm
Kathleen
Reilly
was
not
able
to
be
here
today
the
chair
of
the
preserve
historic
Dinkytown.
She
did
submit
comments
and
I
will
so
I
am
just
going
to
summarize
the
that
the
board
of
preserve
historic
dinky
town,
which
I
am
not
on
join,
joins
the
Marcy
Holmes
Neighborhood
Association
in
supporting
the
appeal
that
was
presented
by
Cordelia
Pearson
and
and
urges
you
to
sustain
the
Planning
Commission
denials,
including
the
FA,
are
and
staff
recommendations.
V
The
thing
that
I
wanted
to
address.
Briefly
the
question
about
the
ten
storeys
cherish
order
that
you
mentioned
what
I
started
doing
is
going
around
and
counting
stories,
and
just
to
make
you
aware
that
it's
that
the
bridges
is
ten
stories.
Wha-Hoo
is
ten
stories
and
those
are
very
different
scale
than
we
and
Dinkytown
and.
V
Phd
also
greatly
appreciates
the
policies
in
the
2040
plan
that
do
support
that
do
recognize.
The
economic
quote:
I'm,
quoting
from
policy
60
recognized
the
economic
and
intrinsic
values
of
buildings
and
landscapes
that
are
important
to
its
heritage,
in
integral
to
defining
and
framing
the
character
of
place.
Policy.
90
recognizes
the
importance
of
neighborhood
small
business
to
community
development
in
entrepreneurship
and
policies,
93
to
95,
support,
creative
reuse
and
stewardship
of
the
city's
historic
cultural
assets,
allowing
historic
properties
to
evolve,
while
quote
unquote,
protecting
them
from
identity,
changing
alterations
and
and
finally,
just
this.
V
These
plans,
both
the
2040
and
the
small
area
plans,
represent
thousands
of
hours
of
citizens,
engagement
and
significant
city
investments,
and
the
thing
that's
different,
perhaps
about
Dinkytown,
is
that
the
people
who
have
been
engaged
are
not
just
the
neighbors
their
students,
their
alumni
from
across
the
city
and
further,
and
so
I
want
to
thank
you
Dinkytown.
As
a
repository
of
a
diverse
intergenerational
international
student
culture
and
history,
and
the
previous
testifiers
comments
about
how
important
that
scale
and
that
accessibility
and
the
feeling
of
belonging
that
different
Dinkytown
creates,
is
something
I've
been
hearing
for.
W
My
name
is
Barbra
cam
I'm,
a
resident
of
Marcy
homes,
44:23
7th
Street,
southeast
and
I'm.
Also
on
the
executive
committee
of
the
Marcy
homes,
Neighborhood
Association
Board
I'm
gonna,
just
read,
letter
from
the
nursing
homes,
Neighborhood
Association
board,
supporting
the
appeal
of
Cordelia
Pearson
and
some
excerpts
from
a
letter
that
I
as
a
resident
presented.
If
we
have
time.
W
Martha
Holmes
Neighborhood
Association
is
submitting
this
letter
in
support
of
the
December
19th
20:19
appeal
of
CA
ventures:
ESG
request
for
a
CEO
P
and
variance
for
parking
presented
by
Marcia
resident
former
board
member
Cordelia
Pearson.
As
stated
in
my
received
neighborhood
associations,
letter
of
November
22nd
2019
to
the
City
Planning
Commission
Marcion
senator
Association
opposes
the
proposal
for
this
site
because
it
fails
to
follow
guidance
of
the
Minneapolis
2040
plan
for
height
and
it's
not
in
compliance
with
the
requirements
of
the
University
overlay
district.
W
With
respect
to
parking
assigned
Vick
for
Stinson,
president
of
marcio's
Neighborhood
Association.
My
letter
I
will
not
refer
to
the
2040
plan.
I'll
just
read
some
excerpts
I'm
highlighting
some
paragraphs
from
the
appeal
well
quarter.
Six
citywide
allows
for
consideration
of
buildings
taller
than
six
storeys
city
policy
guidance
for
this
specific
for
a
block
commercial
area
calls
for
integration
with
the
2
to
2.5
story,
historic
buildings
and
a
six
story
maximum
to
protect
the
integrity
of
this
area.
W
According
to
the
staff,
worked
on
long-range
plan
for
the
area
city
planners
intentionally
selected
that
corridor
six
status,
not
transit,
ten
to
achieve
goals
and
shaping
Dinkytown
according
to
local
traditions,
the
policies
do
not
rely
on
granting
its
eup
for
a
10-story
development.
A
ten
story.
Building
next
to
a
historic
district
with
2.5
story,
buildings
would
overwhelm
that
contribute
to
the
area's
unique
character
within
the
commercial
district.
The
tallest
buildings
are
six
stories,
not
ten
stories.
Thank.
O
Thank
you,
Larry
Crawford
from
the
Como
neighborhood
1055
14th
Avenue
southeast
I
urged
the
Planning
Commission
to
support
Cordelia
Pearson's,
a
appeal
of
this
decision.
The
Dinkytown
zone
is
to
historic,
too
valuable
to
allow
it
to
be
damaged
by
a
10-story
construction
adjacent
to
the
traditional
and
heritage
streetscape
of
the
area.
Thank
you.
Thank.
X
E
But
I
am
representing
myself,
not
the
Association
today,
I'm
delighted
that
we
have
a
proposal
to
replace
surface
parking
lots
in
Dinkytown
with
mixed-use
residences
and
retail,
serving
the
university
community
I'm.
Also
delighted.
We
have
a
new
2040
plan
to
help
the
guidance
of
this
development
and,
as.
E
By
others,
the
land
use
map
calls
for
mix
juice,
that's
been
proposed.
It
also
calls
for
c6.
That's
the
six
story.
Two
to
six.
It
grants
exceptions
for
other
goals
of
the
2040
being
met.
So
if
the
extra
four
stories
were
affordable
housing,
you
would
have
masses
of
students
here
today
in
support
of
that.
If
the
extra
bulk
provided
for
enabled
a
grocery
store,
you
had
many
people
here
as
well,
but
I
think
the
community
benefits
suggested.
Don't
justify
the
exceptions
being
requested,
the
zoning
is
entirely
appropriate.
E
The
FA,
our
variance
I,
think,
is
your
key
issue,
and
without
that
the
project
I
think
probably
fails.
I
had
a
particular
interest
in
the
site
plan
review,
which
staff
suggested
should
be
denied
mostly
on
the
FDR,
but
there's
also
that
alley
that
the
councilmember
Goodman
has
noted,
which
has
an
exit
that
I
believe,
is
very
dangerous.
E
Vehicles
would
come
across
a
very
busy
sidewalk
on
4th
Street
go
across
a
future
protected
bike
lane
go
across
a
high
frequency
bus
lane
and
then
out
to
4th
Street,
and
this
is
in
a
pedestrian
overlay
district,
where
we're
trying
to
improve
the
safety
of
pedestrians
of
cyclists,
ins
of
transit
users
users.
So
whether
it's
this
proposal,
another
I,
think
that
exit
on
2/4
needs
to
be
reconsidered.
E
X
Hi,
my
name
is
Lynn.
My
last
name's
Neyman
I
am
the
owner
at
the
Loring
bar
and
restaurant
I,
also
own
the
property
I
know
some
of
you.
I
know
some
of
you
from
the
Seward
neighborhood
from
the
Loring
neighborhood
and,
of
course,
Steve
Fletcher
I
feel
pretty
strongly
about
the
character
of
dinky
town
and
the
Ward
has
been
said
again
and
again
and
again,
and
now
we
have
some
topics
of
sustainability
and
it's
like
character
versus
sustainability
to
me
is
where
it
seems
to
be
ending
up.
X
I
respect
the
efforts
for
the
sustainability
I
really
have
enjoyed
the
engagement
with
these
guys.
I
will,
however,
move
in
the
other
direction
that
we
need
to
keep
the
building
shorter,
not
so
tall.
We
can't
rebuild
the
character
of
dinky
town
we've
been
through
this
already
with
the
Marshall.
We
went
through
it
with
the
venue
I've
been
in
groups
with
Kelly
Doran
I
get
it.
You
know,
I
know,
there's
things
they
have
to
do
to
make
these
things.
X
A
Y
Good
morning
my
name
is
Chris:
gonna
live
at
419
fifth
Street
southeast
this
city
spent
the
last
couple
of
years
laying
out
a
development
plan
for
the
city
stretching
20
years
into
the
future.
There
was
pushback
to
the
2040
plan
and
I
would
say,
having
attended
many
of
Heather
running
to
his
neighborhood
talking
sessions
about
it
that
the
majority
of
the
population
was
opposed
to
many
of
the
principal
elements
of
the
plan.
Y
But
of
course
the
debate
is
over
and
and
is
not,
and
there
is
now
mood
the
city
has
passed
the
pi
internets
now
the
municipal
policy
that
governs
development
throughout
the
city
moving
forward,
one
of
the
selling
points
of
2040
plan-
and
this
was
promoted
as
a
benefit
by
both
Heather
Worthington
and
my
City
Council
member
Steve
Fletcher-
was
that
it
would
eliminate
the
arbitrary
and
and
I
would
suggesting
capricious
use
of
variances
by
developers
to
get
greater
heights
for
greater
profits.
So
I
would
ask
that
you
support
Cordelia
Pearson's
appeal.
Thank
you.
Thank
you.
G
Mr.
chair
and
for
the
purpose
of
discussion,
I
would
move
to
deny
the
second
APO
and
I
would
offer
to
move
to
postpone
item
1.
One
cycle
we've
heard
from
the
development
team
that
there
is
no
opportunity
to
adjust
this
project,
but,
but
you
know,
I
think
that
would
be
the
best
case
scenario
and
in
terms
of
getting
a
project
similar
to
this
one,
with
a
lot
of
the
benefits
we've
heard
built
here.
So
that
would
be
an
offer
I
have
for
discussion.
C
C
Mean
I
kind
of
feel,
like
they've,
heard
pretty
loud
and
clear
from
us
that
they've
been
rejected
twice,
and
it's
not
probably
heading
in
their
direction.
Now
so
I'm
not
sure,
delaying
the
inevitable
makes
a
ton
of
sense
I
to
be
fair.
I
support
denying
the
Kalon
item
number
two,
but
to
me
that
would
also
be
paired
with
denying
the
fa
our
appeal
in
item
number,
one
I
think
that's
the
cleanest
way
to
do
it.
I
also
just
want
to
make
a
point
about
this.
C
The
2040
plan,
however,
now
is
the
guiding
document,
and,
although
you
have
heard
that
there's
some
uncertainty
with
regard
to
it
being
in
limbo,
it
still
doesn't
mean
to
me
that
six
means
exactly
six
stories
and
10
means
exactly
10
stories.
We
don't
know
that
yet,
but
I
feel
fairly
strongly
that
we
should
deny
item
number
one,
because
I
think
the
FA.
Our
request
is
completely
out
of
line
and
I
can
live
with
the
outcome.
C
The
outcome
is
that
they
don't
move
forward
on
the
project
and
their
building
projects
downtown
and
that's
a
great
place
for
really
high
density
and
really
high
FA
and
I'd.
Welcome
you
to
do
that
in
parts
of
downtown,
where
you're
already
building
but
I,
don't
think
that
that
kind
of
thing
is
appropriate
here.
So
I
would
prefer
a
motion
that
would
deny
both
I.
Don't
that
that
probably
doesn't
mean
anything
to
council
president,
but
I
kind
of
feel
like
I,
have
to
say
no
to
one
if
I'm
gonna
say
no
to
two:
don't.
H
Think
also
it's
an
I
guess
it's
an
artful
compromise
to
think
we
could
delay
one
thing
in
hopes
of
a
change
and
I'm
not
quite
sure
how
that
would
be
different
than
just
denying
the
fer.
It
also
might
be
easier
for
me
if
we
consider
both
of
them
separately
and
had
one
motion
on
one
and
one,
the
other
but
I
know
it's
been
a
staff
reports
been
combined.
It's
all
combined
and
it's
all
together,
I
guess,
but
I
am
I
I.
H
To
add
to
this
some
more
good
stuff
I'll
make
it
net
zero
I'll
get
the
grocery
store
lined
up
and
then
I
can
be
able
to
violate
the
rules
of
the
city,
but
I
think
we
should
change
our
rules.
If
we
don't
think
we
want
to
make
it
a
variance
requirement
for
FA
R,
and
if
we
do,
then
there
should
be
practical
difficulties
that
are
above
and
beyond
economics.
That's
just
what
I
think
the
rules
should
be
otherwise
we're
going
to
be
on
a
really
slippery
slope.
H
Granting
variance
is
all
over
the
place,
because
certainly
economics
are
gonna,
drive,
whole
lots
of
decisions,
and
it's
a
practical
difficulty.
My
investors
won't
be
happy.
They
won't
make
enough
money
out
of
this
project.
I
can't
get
enough
for
my
rents
to
make
it
work
financially.
Well,
that's
not
the
kind
of
practical
difficulty
I
think
that
we're
supposed
to
be
looking
at
when
it
comes
to
variances.
H
H
What
we're
saying
is,
if
you,
the
height,
could
be
a
conditional
use
and
it
could
be
based
on
some
other
criteria
that
aren't
practical
difficulties,
but
the
variance
is
based
on
practical
difficulties
that
are
not
economic,
and
so
that's
why
I'm
a
little
worried
about
the
postponement
would
be
misleading
but
to
make
sure
nobody
would
be
misleading
by
any
vote.
I
take
I
thought
I
should
make
that
little
speech
that
I
just
made.
H
So
it's
clear
for
everybody
and
I
will
add
that
I
appreciated
a
lot
of
those
sustainability
efforts
and
I
think
there
are
places
in
the
city.
If
you
look
at
the
comprehensive
plan
where
this
kind
of
height
would
be
would
be
desired.
Even
this
kind
of
density
and
I
know
that
some
councilmembers
might
be
trying
to
pull
you
towards
downtown,
but
there's
other
places
even
near
the
university,
even
over
in
Prospect
Park
and
in
the
tower
site.
Innovation,
district
and
other
places
where
this
kind
of
thing
could
be
welcomed.
H
A
G
You
mr.
chair
I,
think
staff
has
kindly
answered
one
of
the
questions,
but
I
think
maybe
worth
pausing
and
just
reminding
ourselves
what
in
an
email
feed.
But
what
happens
when
when
we
deny
a
project?
Usually
it
means
that
if
it's
not
substantially
different,
they
can't
you
know
it.
It
creates
a
clock
of
a
year
before
a
new
application
can
come
in
is
my
recollection
of
the
rules
and
so
yeah.
G
Having
led
to
fatality
here
we're
a
drive
through
is
clearly
not
in
the
vision
of
our
growing
city,
where
housing
is
needed,
so
I
think
where
we've
seen
a
huge
commitment
to
sustainability
principles
and
the
design
absent
any
guidance
from
the
city
about
what
that
means.
So
I
mean
I
think
there
are
a
lot
of
merits
to
this
project
in
the
direction
that
it's
going.
A
I
So,
to
clarify
there
is
a
provision
in
the
zoning
code
that
states
that
a
project
can
not
be
submitted
unless
it
substantially
a
project.
That's
gone
through
and
been
denied
cannot
be
resubmitted
within
a
one-year
period
unless
it's
substantially
different,
and
so
what
we
look
at
for
that
is
what
applications
are
required.
You
know
if
it's
a
similar
set
of
land
use
applications.
What
has
the
change
been
in
the
height
and
the
FA
are
for
a
site
plan
review.
I
We
look
at
our
major
versus
minor
changes
and
what
would
be
triggering
any
new
alternative
compliance
so,
in
the
situation
we're
in
right
now
we
determined
that
the
changes
that
occurred
between
Planning
Commission
and
the
zoning
and
planning
committee
weren't
enough
to
say
that
it
was
a
new
project.
So
it's
the
same.
Fa
are
no
new
alternative
compliance
was
triggered.
I
You
know
the
some
of
the
perspectives
of
the
building
are
generally
the
same,
but
in
this
instance,
if
it
were
to
be
outright
denied,
then
they
would
have
to
do
a
really
substantial
redesign
in
order
for
us
to
consider
it
a
new
project
with
a
different
set
of
applications
without
requiring
that
one-year
waiting
period.
Fellow.
A
I
So,
theoretically,
if
we're
looking
at
a
request
to
have
them
bring
the
height
down
to
six
storeys,
that
would
be
a
substantially
different
building.
So
if
it
were
denied-
and
they
came
back
with
a
six
story-
building
I
think
we
would
say
that
that's
different
enough-
that
it
would
be
something
that
could
be
considered
without
the
one-year
waiting
period.
Well,.
I
P
I
could
support
postponing
this.
This
item
I
think
that
if,
even
though
the
developer
has
said
that
oh,
we
can't
change
anything
about
the
project
if
they
would
like
the
opportunity
two
weeks
to
or
if
we
think
that
it's
possible
and
if
we
have
seen
major
major
changes
from
you
know
from
the
first
time
they
presented
this
until
this
committee,
then
I
could
support
postponing
this
because
I
do
think.
It's
in
you
know,
I
think
some
of
the
sustainability
stuff
is
is
good.
P
A
Thank
you
would
like
to
actually
hear
from
the
applicant.
If
that's
something
with
what
what
would
you
be
able
to
do
with
the
delay,
because
I
am
laning
with
councilmember
Goodman?
That
I
mean
it
makes
sense
to
cut
to
do
be
very
clear
and
concise
with
this,
especially
when
I've
heard
you
say,
nothing
can
change,
but
I
also
want
to
be
clear
that
you
know
you're
you're,
putting
us
in
a
great
spot.
You
know
we'd
like
to
be
able
to
talk
about
where
this
could
go,
but
also
just
from
at
least
the
chairs
perspective.
A
M
M
So
for
you,
if
we
don't
want
to
be
bold
and
bring
a
project
like
this,
for
with
all
these
great
benefits,
it's
going
to
be
very
difficult
for
us
to
to
make
work
now,
an
FA,
our
reduction
of
the
small
caliber
I
think
we
can
look
at
making.
We're
can
make
that
work.
I
just
don't
know
what
the
scale
of
that
is
and
I
think
that's
kind
of
the
arbitrariness
of
this
I.
Don't
have
it
in
my
head.
M
It
takes
quite
a
bit
of
analysis
for
us
to
look
at
what
that
would
entail
and
what
that
would
be.
So
it's
very
hard
for
me
to
tell
at
this
at
this
point,
but
I
think
the
time
would
be
certainly
very
helpful
to
to
reassess
because
I
mean
like
I
said.
This
is
a
lot
of
owners
coming
together
and
it's
aligned
right
now
where,
if,
if
it
does
get
denied,
those
owners
are
having
other
plans
and-
and
it
could
be
stuck
with
the
drive
through
for
a
long
time.
Okay,.
A
Q
Thank
You
chair
and
thanks
for
letting
me
join
in
I,
just
wanted
to
comment.
I
think
you've
heard
very
well.
The
tension
around
this
site
from
the
community
I
think
the
the
testimony
that
you
heard
both
that
I
think
the
small
area
plan
and
the
you
know.
Business
district
plan
were
incorporated
into
the
2040
plan
it.
It
would
not
be
corridor
six
if
we
hadn't
had
that
conversation
and
that
thought,
and
so
that
I
do
think
that
there's
a
tension
around
you
know
asking
about
the
integrity
of
the
plan.
Q
If
we
were
to
do
something
that
looked
really
different
from
corridor
six
after
we
had
agreed
to
corridor
six,
which
does
not
mean
it
needs
to
be
six
storeys
I
agree
with
what
everybody
said
there,
that
there's
latitude
within
that
definition,
but
I
do
think.
They're
they're,
pushing
the
absolute
upper
boundary
and
I
think
we
have
probably
heard
from
all
of
you
that
they're,
probably
on
the
wrong
side
of
that
upper
boundary
and
I.
You
know
I
I,
think
that
that
might
make
sense.
Q
That
said,
you
also
heard
what
an
opportunity
it
is
for
this
site
for
the
bikeability
and
walkability
of
the
neighborhood.
You
know
for
some
of
the
significant
improvements
we
heard
from
the
small
business
next
door,
there's
a
lot
of
things
about
that
site
that
are
not
good
right
now,
and
so,
if
there's
a
couple
weeks
that
we
can
look
at
it
and
you
know
see
if
they
can
come
in,
you
know
in
a
way
that
isn't
I
think
violating
the
integrity
of
the
community
agreement
that
we
all
voted
on
last
year
and
made
I.
C
You
mr.
chair,
there's
no
practical
difficulty
to
get
a
very
answer:
it's
pretty
simple!
That's
the
law,
there's
no
practical
difficulty.
They
got
up
and
admitted
that
and
said
it
was
completely
economic,
so
I
want
to
make
sure
folks
are
aware
of
that.
To
no
land
is
being
made
in
the
city.
Land
is
valuable.
The
cost
of
land
is
always
going
to
go
up.
Something
will
get
developed
here,
because
a
McDonald's
is
not
the
highest
and
best
use
and
I'll
note.
All
this
credit
were
giving
them
for
doing
inclusionary
zoning.
C
If
this
project
fails
and
another
one
comes
forward,
they'll
be
forced
to
do
it.
So
this
great
community
benefit
is
something
that
some
people
on
this
panel
lead
through
the
council
to
make
sure
it
happened.
So
this
isn't
that
great
of
a
community
benefit
everyone's
gonna
have
to
do
it
going
forward.
It's
not
really
a
hardship,
so
I'm
uncomfortable
with
the
delay,
because
I
think
it
puts
the
public
the
neighbors
in
a
bad
spot
that
something
that
this
get
any
negotiated
behind
the
scenes
and
it's
not
a
public
hearing.
C
Then
they
can't
comment,
then,
all
of
a
sudden
there's
a
compromise
they're
not
involved
in
it.
I
just
am
not
comfortable
with
that,
because
I'm
comfortable
with
denying
the
app
the
second
appeal
and
I
just
don't
think
it's
fair
to
them.
We
should
postpone
both
and
let
them
give
more
testimony
but
I,
don't
think
that's
right
either.
So
I
kind
of
feel
like
it
boils
down
to
what
is
the
law
I'm
sure
we're
gonna
hear
that
a
lot
in
this
committee
meeting
going
forward
today,
and
here
you
need
to
have
a
practical
difficulty.
C
There
is
not
one
economics
is
not
a
practical
difficulty
and
I
think
the
fa
r
is
too
high.
I
probably
could
live
with
an
F
a
are
higher
than
what
would
be
allowed,
but
not
at
this
level.
They
should
come
back
for
something
different,
go
through
the
process
again
and
not
leave
the
neighbors
wondering
what's
going
to
happen
next.
H
So
if
we
did
deny
it
today,
that's
not
the
final
decision
that
would
still
go
forward
to
the
council,
so
even
a
denial
would
give
them
some
time
to
see
if
they
couldn't
come
up
with
something
different
and
work
for
a
little
while
and
maybe
work
quickly
and
maybe
work
hard
enough
so
that
it
would
be
held
over
at
the
council.
That
said,
I
just
want
to
put
that
out
there
for
probably
when
me
realizing
if
I
voted
to
deny.
H
If
we
ever
had
that
motion
in
front
of
us,
that
would
also
be
going
on
there,
but
I
also
really
appreciated
what
the
chair
said
about
projects
going
through
the
Planning
Commission
yield
a
much
bigger
benefit
to
the
city,
and
that's
another
thing
that
I'm
concerned
about
this
delay.
So
then
it
will
hold
it
in
our
committee
and
we'll
come
back
in
two
weeks
and
we'll
have
to
handle
the
full
review
with
staff
having
a
short
amount
of
time
to
handle
it
too
and
see
how
significant
it
is
and
what
what?
H
That's
doing
good
good
governance
either.
I
wish
you'd
all
foreshadowed.
What
your
vote
was
gonna
be
on
this
matter,
because
if,
if,
if
we
don't
postpone
it
and
then
we
grant
the
appeal
well,
that's
gonna
be
a
different
story
either
so
postpone
would
be
kind
of
a
nice
compromise
there,
but
so
I'm
welcome
you
guys
to
foreshadow
for
me
to
help
me
with
my
vote.
If
you
want
to.
G
Thank
you.
Mister
I
mean
my
prediction
from
what
we've
heard
so
far
was
that
the
pipe
would
be
supported
by
this
committee
and
that
the
fa
r
would
would
not
be,
and
so
again
in
the
spirit
of
feeling
like
this
project
was
pretty
close
to
being
able
to
be
supported,
the
delay
seemed
worth
considering
you
know
and
I
I
guess,
I
would
say
a
couple
things
here
as
well.
My
microphones
on
you
know
I.
Think
again,
you
know
we've
passed
a
new
comprehensive
plan,
but
you
know
it's
only.
G
The
light
switched
on
on
January
1st
drastically
changing
everything
in
our
city.
We've
been
four
years
together.
You
know
considering
applications
for
developing
projects
doing
our
best
to
make
sure
they
fit
in
with
the
spirit
and
intention
of
our
plans
and
zoning
guidance.
I
would
really
encourage
my
colleagues
who
are
committed
to
sustainability
goals.
G
You
know
with
some
expediency,
bring
forward
some
proposals
so
that
developers
have
any
idea
what
to
expect.
I
knew
that
affordable
housing
was
a
huge
priority.
So
I've
worked
for
five
years
to
bring
forward
an
inclusionary
zoning
policy.
That's
predictable
and
clear
and
I
know
developers
didn't
love
that
idea.
A
lot
of
them
didn't
support
it,
but
now,
at
least
you
know
what
you
need
to
do.
G
You
can
put
it
in
your
pro
forma
you're,
not
standing
up
here
being
asked
if
you
have
a
geothermal
powered
grocery
store
in
your
project
before
it's
even
been
approved
and
I
think
the
amount
of
uncertainty
that
we
create
when
we
have
expectations
that
are
not
clearly
articulated,
are
concerning
and
counter
to
all
of
the
work
that
we
have
been
doing
to
make
our
our
you
know
our
goals,
clear
and
predictable,
so
again
we're
in
a
transition
period.
It's
it's.
As
customer
Gordon
said
it's
not
it's
just
to
acknowledge
where
we
are
but
I
think.
G
If
we
have
high
expectations
for
sustainability
in
buildings,
we
need
to
articulate
what
those
are
and
be
clear
up
front
so
that
projects
can
conform
to
them
and
comply
to
them.
I've,
never
heard
a
committee
member
ever
in
my
six
years
in
office.
Ask
this
level
of
detailed
questions
about
energy
sustainability,
I'm
glad
we
are
now
I'm
gonna
make
this
exciting
I'm
excited
to
see
that,
because
we're
interested
now
projects
are
gonna,
bring
in
experts
on
energy
systems
and
sustainability.
G
So
so
anyway,
all
that
said,
I
think
the
intention
of
a
delay
I
also
agree
with
and
acknowledge
that
it
creates
some
uncertainty
and
more
work
for
folks,
which
is
which
is
not
ideal,
but
I
felt
that
this
project
was
close
enough
to
a
yes
that
it
was
worth
seeing.
If
there
was
more
time,
if
my
colleagues
don't
agree,
then
I,
you
know,
I'm
not
gonna
be
offended.
I
just
was
offering
a
solution
to
me
for
it.
Thank.
A
You
accounts
president,
just
for
constant
Gordon's
request.
I
would
you
know
read
this
point
not
support
the
delay
for
all
the
reasons
you
articulated
I
would
support
the
the
variance
for
height
and
I
would
not
read
and
I
would
continue.
My
vote
to
deny
the
FA
our
change
for
a
couple
reasons.
I
think
two
council
president's
point
about
sustainability
as
one
of
the
council
members,
besides
council,
member
Gordon
and
council
member
Reich
working
on
on
these
issues.
There's
we're
just
in
a
space
that
there's
a
lot
you
can
do,
and
so
there's
the
dilemma
of.
A
Do
you
set
here
are
the
clear
standards
every
person
has
to
do
or
do
we
let
developers
work
with
what
they're
they're
more
familiar
with
to
get
to
the
same
outcomes
like
we
are
very
serious
about
fighting
climate
change
and
I.
Don't
think
we're
picky
about
how
people
get
there
as
long
as
it's
in
an
equitable
way.
So
how
do
we
get
to
that
thing?
Well,
I
would
say
that
we've
worked
with
developers
that
have
had
sustainability
as
their
first
goal
and
they
have
worked
with
the
city
and
it's
been
the
first
thing.
A
They
talk
about
when
they
get
on
the
phone
with
us
and
we
are
happy
to
work
with
anybody.
I
think
there's
an
excitement
among
among
staff
and
amongst
my
colleagues
to
do
that.
So
I
encourage
anyone
that
it
wants
to
make
sustainability
a
part
of
their
development.
To
do
that,
early
I
really
appreciate
what
the
developer
came
out
with
it
is.
It
is
impressive.
I
just
want
to
be
very
clear
with
that.
I
think
what
would
make
this
take
that
to
the
next
level
a
lot
of
the
programs
you're
talking
about.
A
They
are
external
corporate
companies
that
we
have
a
lot
of
those
programs
in
the
city,
especially
when
you're
talking
about
food
reuse
for
food
capture
just
exam
one
example.
So
the
more
you
can
integrate
what
we're
already
trying
to
do,
the
more
you're
speaking
to
being
a
part
of
the
community
and
being
a
part
of
this
city.
So
that's
something
that
would
be
helpful,
not
seeing
anyone
else.
The
council
president's
motion
is
before
us
for
the
delay.
A
A
Will
now
move
on
to
a
number
three
and
four
and
those
are
both
quasi
judicial
hearings
relate
to
the
Zoning
Board
of
adjustments
to
decision
to
deny
applications
submitted
by
Burger
King
corporation
for
certifications
of
non-conforming
use
for
the
drive-thru
facilities
at
two
locations.
33:42
Nicolette,
Avenue,.
L
AB
Afternoon,
chair,
Schrader
and
councilmembers
before
you
today
are
two
appeals
of
the
decisions
of
the
Zoning
Board
of
Adjustment
regarding
denial
of
certificates
of
non-conforming
use
applications
at
33,
42,
Nicollet
and
818
west
broadway.
The
applicant
is
seeking
to
reestablish
fast-food
restaurants
and
drive-through
facilities
had
both
of
these
properties.
AB
At
the
time
of
the
closure
of
these
uses
in
April
2018,
the
fast
food
and
drive-through
facility
uses
at
both
properties
were
non-conforming
use,
uses
in
the
case
of
33:42
Nicollet,
the
uses
became
non-conforming
in
1999
when
the
new
zoning
code
was
adopted
and
the
site
was
rezone
to
c1.
In
the
case
of
818
West
Broadway,
those
uses
became
non-conforming
in
2009
with
the
establishment
of
the
West
Broadway
overlay
district,
because
these
uses
were
lawfully
established
but
did
not
comply
with
the
current
ordinance.
AB
The
circumstances
under
which
a
non-conforming
use
is
considered
abandoned
are
described
in
chapter
5,
31
of
the
zoning
ordinance
in
general,
once
a
non-conforming
use
has
ceased
for
a
year
or
more,
it
is
presumed
to
be
abandoned.
The
ordinance
does
provide
the
opportunity
for
a
property
owner
to
rebut
the
presumption
of
abandonment,
by
submitting
clear
and
convincing
evidence
that
the
discontinuation
of
the
use
was
outside
of
their
control,
because
the
non-conforming
use
is
that
the
properties
ceased
in
April
2018
and
the
applicant
did
not
begin
the
process
to
reestablish
those
uses.
AB
Until
more
than
one
year
had
elapsed,
the
uses
are
presume
to
be
abandoned.
The
applicants
Burger
King
corporation
applied
for
the
two
certificates
of
non-conforming
use
to
rebut
this
presumption
of
abandonment.
The
applicant
submitted
significant
documentation
regarding
the
bankruptcy
of
the
former
franchisee
that
operated
these
two
locations
and
I'm
sure
they'll
they'll
speak
to
that
today.
AB
Staff
did
not
find
that
the
submitted
materials
satisfied
the
rebuttal
of
abandonment
provision
in
the
ordinance
and
recommended
that
the
Board
of
Adjustment
deny
the
applications
at
their
December
12
2019
meeting
the
Zoning
Board
of
Adjustment
adopted
the
staff
findings
and
denied
both
applications.
The
applicant
has
appealed
both
of
those
denials
and
those
the
appeals
before
you
today,
I'm
available
for
any
questions.
Thank
you.
AB
Had
a
brief
conversation
with
the
City
Attorney's
Office
regarding
the
applications.
In
the
end,
the
staff
recommendation
was
made
by
the
Zoning
Administrator,
not
the
city
attorney.
The
Zoning
Administrator
chose
to
take
a
relatively
narrow
look
at
this.
Looking
at
just
our
ordinance,
the
I'm
sure
the
appellant
will
talk
to
you
about
some
state
statute
and
case
law.
We
narrowed
our
analysis
to
what's
in
our
ordinance.
Thank.
A
AC
AC
We
did
it
by
staff
that
the
the
evidence
and
the
affidavits
submitted
by
the
applicant
in
this
matter
did
appear
to
address
the
rebuttal
requirements
that
are
found
in
our
ordinance
and
just
to
let
the
let
the
committee
know
there
was
a
couple
different
ways
that
abandonment
is
dealt
with
nationwide,
there's
kind
of
a
there's
one
set
of
states
or
jurisdictions
which
allow
for
abandonment
to
be
established
purely
by
discontinuance,
and
then
there
are
other
jurisdictions,
Minneapolis
included,
which
allow
for
a
rebuttal
of
that
abandonment.
Presumption
in
the
state
of
Minnesota
as
a
whole.
AC
Cities
aren't
required
to
allow
for
the
rebuttal
of
abandonment,
I
think
it
is
a
policy
question
as
to
whether
our
ordinance,
whether
it's
the
desire
of
the
council,
to
have
an
ordinance
which
provides
for
the
rebuttal
rebuttal
of
abandonment.
But
the
fact
is
that
we
do,
and
so
this
is
in
a
policy
question
about
drivers.
It's
a
it's
a
technical
question
about
the
application
of
our
existing
law.
AC
It
does
require
clear
and
convincing
evidence
that
simply
means
it's
a
it's
a
standard
that
is,
it
is
elevated
above
the
standard
civil
standard,
which
would
just
be
the
preponderance
of
the
evidence,
but
it
certainly
is
not
equivalent
to
the
criminal
standard
that
is
applied
in
in
criminal
cases.
So
it
does
mean
essentially
that
there
has
to
be
bare.
You
know
very
convincing
and
substantial
evidence
that
would
rebut
the
presumption
of
abandonment
on
its
face
there.
AC
There
does
appear
to
be
a
lot
of
affirmative
actions,
attempted
to
be
taken
and
taken
by
the
applicant
in
this
matter
within
the
1-year
period
of
discontinuance
and
continuing
throughout
that
period.
That
would
that
appear
to
have
been
frustrated
by
the
bankruptcy
proceeding
that
took
place
in
this
case,
and
so
based
upon
that
I
think
that's!
C
Thank
You
mr.
chair
I
want
to
try
to
put
this
into
real
people's
terms.
If
this,
if
there
is
not
an
operating
business
and
there's
not
anything
going
on
on
the
site,
it
would
most
people
would
consider
it
to
be
abandoned.
So
I,
I'm,
I'm,
not
gonna,
argue
about
the
ordinance
that
I
was
the
co-author
of
I'm.
Gonna
argue
about
the
negativity
of
an
abandoned
building
and/or
an
abandoned
site
in
a
neighborhood
and
I'd
be
hoping
that
the
applicants
lawyers
can
come
and
explain
to
us.
G
C
Of
the
efforts
they
underwent
over
a
year
to
green
the
site,
to
clean
the
site,
to
light
the
site
and
to
make
it
appear
as
though
it
was
not
abandoned,
because
to
me
the
general
public
looks
at
a
property
that
has
you
know,
crumbling
infrastructure,
no
lighting,
no
greening,
no
proactive
activity
and
they
say
that's
abandoned
and
so
I,
don't
at
all
criticize
the
Zoning
Administrator
for
suggesting
that
something
that
looks
the
way
these
sites
have
looked
are
abandoned
and
so
I'd
like
to
hear
more
from
our
staff
about.
How
are
we
just
saying?
C
Well,
you
can
do
nothing
with
it.
It's
a
non-conforming
use
you're,
not
occupying
it.
It
looks
like
hell,
but
but
you
have
some
rights
because
there's
a
bit
of
bankruptcy,
and
so
we
can't
do
anything
if
there's
been
a
bankruptcy,
that's
not
true.
The
property
owner
could
have
done
the
playground
on
that
site
to
make
it
look
not
abandon
my
understanding.
Is
these
sites
have
been
empty
in
areas
of
town
that,
quite
frankly,
shouldn't
have
it's?
Okay,
let
me
tell
you
if
this
was
in
Kenwood,
you
wouldn't
have
an
abandoned
site.
A
AD
Is
it
still
morning,
good
morning,
Carol
Lansing,
now
fakery
Drinker,
Biddle
and
Rath,
representing
Burger
King
corporation?
Thank
you
for
giving
us
this
opportunity
to
speak
with
you
on.
The
appeal
with
me
today
is
Catarina
glibness
she's,
the
general
manager
for
the
Central
Division
of
Burger
King
corporation
Beth,
Leone
she's,
the
area
manager
for
this
region,
Paul
Batista,
who
is
the
attorney
who
represented
Burger
King
in
the
bankruptcy
proceedings
and
he'll,
be
speaking
to
you
after
I
do
and
Kevin
Kinney
is
here,
he's
the
director
of
operations
for
cave
enterprises.
AD
The
franchisee
that
would
like
to
reopen
these
stores
and
cave
does
look
forward
to
engaging
with
the
council
members
and
the
community
about
the
conditions
of
the
sites
and
going
forward
how
they
can
stay,
engage
with
the
community
and
and
not
have
those
kinds
of
issues
with
respect
to
the
conditions
of
the
site.
Councilmember
Goodman
we're
not
making
an
excuse
for
that.
They
have
been
doing
a
better
job,
but
you
can
certainly
take
that
as
evidence
of
abandonment.
AD
AD
C
AD
And
so
I'm
going
to
tell
you
that
how
we
got
here
story
and
you've
heard
some
of
it.
So
I'll
try
to
be
brief,
but
and
then
Paul
will
talk
to
you
about
the
bankruptcy
after
they
did
want
to
make
a
correction
in
the
letter
I
sent
yesterday.
I
said
these
were
the
only
two
Burger
King
sites
in
Minneapolis.
That's
not
true.
There
are
four
others
that
are
operated
by
different
franchisees
than
the
one
that
went
bankrupt
and
had
control
of
these
two
sites.
Burger
King
has
long-term
leases
for
these
properties.
AD
The
Broadway
property
lease
began
in
2000
and
extends
to
2040
and
the
Nicollet
property
lease
began
in
1970
and
under
the
current
lease
rights
extends
to
2030
for
Burger
King
subleases
it
sites
to
franchisees
who
then
operate
the
stores
and
the
franchisee.
In
this
case,
p3
Foods
operated
these
two
plus
seven
others
in
Minnesota
and
filed
for
bankruptcy
in
2016,
but
continued
to
operate
the
stores,
their
financial
condition
deteriorated,
continued
to
deteriorate.
AD
Burger
King
learned
that
these
restaurants
were
non-conforming
when
the
franchisee
that
they
were
ultimately
able
to
engage
to
reopen.
The
stores
went
to
the
city
in
may
20,
19
to
start
talking
about
remodeling,
and
that
was
like
13
months
after
the
stores
had
closed,
but
they
wouldn't
have
been
able
to
open
them.
Even
then,
because
of
the
restrictions
of
the
bankruptcy
Burger
King
then
engaged
a
local
planning
consultant
to
help
them
understand
these
issues
and
respond
to
them
with
staff.
AD
AD
So
the
legal
standard
is
under
the
city
ordinance.
Was
it
beyond?
You
can
rebut
a
presumption
without
your
ordinance
lets
you
rebut
the
presumption
and
they
phrase
it,
as
was
the
discontinuance
for
reasons
out
of
Burger
King's
control
state
statutes,
talk
about
rebutting
a
presumption
of
abandonment.
That's
what
the
ordinance
says
you
can
rebut
a
presumption
of
abandonment
and
it
uses
those
words.
AD
Bannerman
and
States
case
law
talks
about
abandonment,
as
things
for
you
to
consider,
did
Burger
King
have
an
intent
to
abandon
the
use,
so
the
case
law
specifically
says
you
look
at
their
intent
and
then
also
look
at.
Did
Burger
King
overtly
act
or
fail
to
act
in
a
way
that
indicates
they
no
longer
claim
to
write
to
the
non-conforming,
use
and
I
understand,
councilmember
Goodman
will
say
not
taking
care
of
the
property
is
an
overt
act,
but
you
have
to
weigh
that
with
all
of
the
other
things
to
end
evaluate
their
intent.
AD
I
and
I'd
like
to
I
think
that
staff
and
the
board
miss
applied
this
standard,
the
clear
and
convincing
standard,
and
basically
we're
saying
you
have
to
show
us
that
there's
no
doubt
that
there's
no
conceivable
way
that
you
couldn't
have
reopened
it
I
want
to
point
out
that
when
the
City
Attorney's
Office
looked
at
this
and
advised
staff
that
they
thought
that
the
record
did
support
rebuttal
of
abandonment
that
was
before
staff
did.
The
report
is
before
the
board
of
a
Zoning
adjustment
had
their
hearing.
AD
It
was
before
we
submitted
any
evidence
regarding
bankruptcy
because
it
wasn't
until
we
saw
the
staff
report
that
they
said
you
haven't
well,
maybe
not
no
evidence
of
bankruptcy.
We
had
submitted
information
about
the
bankruptcy,
but
the
affidavit
from
Paul
Batista
came
after
that,
and
so
the
City
Attorney's
Office
didn't
even
have
that
information
in
front
of
them,
and
they
felt
that
the
case
I
I'm
hearing
had
been
made
and
also
the
Board's
decision.
AD
It's
certainly
not
relevant
to
whether
they
had
control
over
the
bankruptcy
or
their
intent
and
there's
no
requirement
in
the
ordinance
or
policy
that
says
you
need
to
check
in
with
us
so
regarding,
we
believe
the
presumption
of
abandonment
has
been
rebutted.
We
believe
these
factors
show
Burger
Kings
intent.
They
have
long-term
leases
on
both
properties
and
they've
continued
to
pay
rent
on
those,
even
if
the
care
of
them
could
have
been
better
taken.
AD
They
certainly
weren't
evidencing
an
attempt
to
abandon
the
use
on
properties
that
they
have
such
long
term
leases
on
and
are
paying
rent.
They
immediately
began
the
search
for
a
new
franchisee
they've
started
first
bite
I
learned
this
yesterday
by
talking
to
those
other
local
franchisees
to
see
if
they
would
step
in
a
couple
of
them
said
no
one
pretty
short
order.
A
third
one
took
some
amount
of
time
to
do
their
due
diligence
ultimately
said.
No,
so
then
they
approached
cave,
which
is
based
out
of
Chicago
but
is
took.
AD
You
knows
willing
to
expand
their
operations
up
here
and
so
by
December,
with
less
than
a
year,
they
had
a
new
franchisee
identified.
So
that
is
also
evidence
of
their
intent
to
reopen
these
stores.
And
then
you
know,
cave
began
efforts
to
look
at
remodeling
the
stores,
also
evidence
of
intent,
so
I
believe
the
case
has
been
rebutted
on
that
alone,
but
we
also
have
Paul
here
to
run
through
the
bankruptcy
issues
with
you
and
any
questions
you
have
about
that.
Thank.
K
That
afternoon,
actually
mr.
chair
and
council
members,
that's
my
first
time
pairing
before
you
and
I
think
my
second
time
in
a
state
of
Minnesota.
It's
a
pleasure
to
be
here.
My
name
is
Paul
Batista
I'm,
a
bankruptcy
lawyer
and
I'm
with
the
firm
called
Genovese
job.
Levin
Batista
I've
been
practicing
bankruptcy
law
now
for
almost
thirty
four
years,
I've
had
the
honor,
at
least
in
this
case
representing
Burger
King
corporation
in
the
bankruptcy
of
p3
foods
that
occurred
started
in
October,
2016
and
actually
who
today
the
case
is
still
open.
K
So
it's
fair
to
say,
I
think
I
have
a
pretty
good
flavor
as
to
how
to
deal
with
bankruptcy
issues
for
franchisees
and
how
to
quickly
get
Berk
in
position
to
reopen
their
restaurants
and
I've.
Seen
a
great
deal
of
it,
I've
heard
from
miss
Lansing
and
my
client
that
there
are
concerns
and
perhaps
no
uncertainty
about
what
happened
in
the
bankruptcy
and
why
it
took
us
over
a
year
to
get
these
restaurants
repositioned
to
be
Reif
ranch
eyes.
I
can
tell
you
that
bankruptcies
lasts
a
long
time.
It's
just
the
nature
of
the
beast.
K
We
of
course
we're
the
franchisor.
We
were
the
landlord
leasing,
the
property
2p3
fruits.
We
did
not
have
any
interest
ownership
or
otherwise
in
the
furniture,
fixtures
and
equipment,
an
inventory
that
was
inside
each
one
of
these
restaurants.
It's
an
important
fact,
because
that
is
ultimately
what
prevented
us
to
get
control
of
these
restaurants
to
reposition
them
for
over
a
year.
I
want
to
stop
by
saying.
K
To
achieve
this
result,
I
submitted
an
affidavit
in
support
I'm
not
going
to
go
through
that
reiterate
it
by
doing
I
like
several
things,
because
I
think
it's
important
for
you
to
have
a
flavor
as
to
what
what
what
occurred
here
so
p3
Foods
file
bankruptcy
in
October
2016,
they
file
a
chapter
11,
that's
a
reorganization
statute,
one
of
the
principal
benefits
of
bankruptcy
is
that
you
get
as
a
debtor
as
the
company
who
files
the
benefit
of
the
automatic
stay.
It's
also
a
constraint.
So
what
does
your
automatic
stay
mean?
K
It
means
that
the
that
no
creditor
that
would
include
Burger
King
corporation.
You
can
take
any
action
to
collect
on
amounts
owed
against
p3
fruit.
We
can't
take
any
action
to
evict
them
from
our
premises
and
we
can't
take
any
action
to
terminate
the
franchise
agreements.
We
are
stayed
from
doing
any
of
that
throughout
the
course
of
the
bankruptcy.
K
That
constraint
is
what
has
caused
us.
The
delay
of
over
a
year
to
get
here.
Bankruptcy
courts
generally
are
very
dead
of
friendly.
When
you
go
to
bankruptcy
court,
you
go
in
there
for
protection
in
bankruptcy.
Judges
around
the
country
and
bankruptcy
courts
are
very
protective
of
the
debtor
and
also
very
protective
of
that
automatic
stay.
It
is
not
common,
in
fact,
it's
very
difficult
to
get
a
bankruptcy
court
to
say
you
don't
have
to
worry
about
the
automatic
stay.
K
There's
a
process
in
which
you
can
do
that,
but
it's
very
difficult
to
achieve
it,
especially
as
a
debtor,
is
trying
to
reorganize
which
was
happening
here
with
with
p3
fruits,
so
they
operated
for
18
months
in
their
bankruptcy
and
ultimately
circumstances
were
such
that
they
couldn't
pay
the
bills
and
the
case
converted
to
a
chapter
7.
What
does
that
mean?
K
That
means
that
operation
cease
the
restaurants
closed
down
and
the
franchisee
and
its
employees
just
go
away,
and
so
the
the
the
property
is
left
to
whoever
owns
it
to
deal
with
it
and
that's
no
Burger
King
had
to
deal
with
that.
The
other
thing
that
happens,
interestingly
and
importantly,
is
the
Department
of
Justice
appoints,
was
known
as
a
chapter
7
trustee
who's,
a
third
party
independent
panel
trustee
that
takes
over
that
particular
bankruptcy
case,
principally
the
assets
of
the
entity
and
any
business
operations.
K
Of
course,
it
just
told
you
that
the
business
operations
had
to
shut
down.
So
what
is
the
trustee?
Have
trustee?
Has
the
lease
with
us,
the
franchise
agreement
with
us
and
all
that
furniture,
fixtures
and
equipment
inside
the
rest?
That's
the
trustee.
Has
bankruptcy
trustees
when
they
get
appointed,
have
a
great
deal
of
power,
not
as
much
as
the
judge,
but
a
great
deal
of
power
in
control
over
those
assets
amid
job
is
to
secure
the
assets
marshal
the
assets
and
monetize
himself
create
as
much
value
as
possible.
K
In
this
case,
the
trustee
was
a
guy
named
Shane
Zielinski
Zane.
Mr.
Lyne
Solinsky
took
his
job
very
seriously,
as
do
most
trustees.
In
this
case
he
actually
hired
his
own
lawyer,
which
is
relatively
unusual
for
chapter
7,
trustee
to
do
because
he
wanted
to
create
value
with
the
assets
that
existed
with
p3
foods.
K
What
do
we
do?
Burger
King
went
in
pretty
quickly
and
we
got
the
Bankruptcy
Court
to
agree
to
terminate
Alisa's
look
at
the
Bankruptcy
Code
through
we
determined
at
a
franchise
agreements,
but
we
still
had
the
constraint
of
the
furniture,
fixtures
and
equipment,
many
of
it
attached
to
our
property
inside
each
one
of
these
locations.
We
didn't
own
it,
we
didn't
have
a
lien
on
it.
It
was
just
in
our
property
and
the
trustee
refused
to
remove
it.
Why?
K
K
Importantly:
the
automatic
stay
they
just
told
you
about
continues
throughout
a
chapter
7.
So
when
it
converts
from
an
11
a
reorganization
statute
to
a
7
liquidation
statute,
the
automatic
stay
still
continues.
Burger
King
and
every
other
creditor
still
cannot
without
court
approval,
take
over
the
assets
or
deal
with
the
assets,
and
so
we
had
this
difficult
situation
to
make
matters
worse.
There
were
at
least
two
banks
involved.
In
this
case.
One
was
PNC
the
larger
Bank.
K
They
had
a
lien
on
all
the
furniture,
fixtures
and
equipment
inside
our
restaurants,
owned
by
p3
foods
and
at
one
point
in
this
case,
the
trustee
mr.
szalinski
and
PNC
got
into
a
fight
over
whether
the
lien
was
valid,
not
valid.
If
the
assets
were
sold,
who
gets
the
money?
Trusty
obviously
wanted
all
the
money
the
bank
said.
No,
we
want
all
the
money,
and
so
that
took
a
good
bit
of
time
for
them
to
resolve
that
issue.
All
a
while
this
stuff
is
sitting
in
our
restaurants.
K
We
tried,
more
than
once
with
the
trustee
to
save
lettuce.
Please
come
get
the
stuff,
take
it
out
and
put
it
in
storage.
His
answer
was
no
I
want
to
I,
want
to
sell
the
restaurants
where
I
want
to
sell
the
FF&E
inside
the
restaurants,
because
that's
how
I'm
get
the
most
value
if
ITIF
I
take
apart
a
walk-in
freezer
and
put
you
know,
put
it
up
in
the
storage
facility,
I'm
not
going
to
get
as
much
as
if
it's
sitting
in
place
in
the
restaurants
and
so
from
May
of
2018.
K
When
the
bankruptcy
converted
to
chapter
7
to
November
of
2018
that
roughly
six
month
period,
the
trustee
tried
to
find
buyers
for
the
FF&E.
This
is
in
my
affidavit.
He
come
to
us
every
couple
of
weeks
on
the
buyer,
then
the
buyer
would
say
I'm
not
interested
after
going
and
looking
at
the
stuff,
trustee
again
was
unwilling
to
remove
it
and
was
unwilling
to
let
us
remove
it.
I
even
offered
we'll
pay
to
dismantle
it,
move
it
out
and
put
in
the
storage
into
his
now,
and
so
given
the
power
that
he
had.
K
In
this
case,
we
continued
to
work
with
him
to
try
to
deal
with
this,
as
I
told
you.
He
and
the
banker
them
to
a
fight
over
the
asset
value
and
the
lien
that
occurred
in
about
December
2018
outlined
in
my
affidavit.
That
fight
went
on
with
me
trying
to
be
in
the
middle
of
it
to
act
as
a
mediator
from
that
period,
December
18th
to
May
of
2019.
K
It
seems
like
a
long
period
of
time,
but
you
know
they're
fighting
over
three
four
five
hundred
thousand
dollars
worth
of
what
they
believed
to
be
value
which,
frankly,
was
did
not
exist
in
that
FF&E,
and
we
were
sitting
there
watching
this
fight
happen
and
could
not
do
very
much
of
anything
about
it.
It
wasn't
until
May
of
2019
the
trustee
and
PNC
finally
resolved
those
issues
and
came
to
us
and
said.
Okay,
we
have
settled
our
issues
Bautista.
K
So
you
can
get
a
picture
that
conversion
of
the
case
chapter
7,
the
trustee
appointed
the
restaurants,
shutdown
in
April
of
May
of
2018,
all
of
that
stuff
happening
until
November
2019
before
we
could
actually
get
that
stuff
out
of
it,
and
then
it
come
to
come
to
you
all
to
try
to
refrain
Chai's
or
get
approval
to
keep
these
these.
These
the
drive-thru
is
open
and
reef
ranch
eyes.
It
I
think
you've
got
a
question
from
councilman.
K
It
was
during
the
during
the
chapter
11.
He
would
have
been
p3
foods
after
the
conversion
to
chapter
7.
It
wasn't
until
the
lease
was
rejected.
Until
then,
the
meaning
the
lease
was
terminated
through
the
Bankruptcy
Court
p3
foods
which
or
the
bankruptcy
trustee,
had
the
obligation
to
maintain
that
and
at
some
point
in
time,
I
don't
have
the
exact
date,
but
I
can
get
it.
When
the
leases
were
terminated,
then
the
control
of
the
real
estate
would
have
come
back
to
Burger
King
corporation.
So.
C
K
C
Spent
a
lot
of
time
trying
to
figure
out
how
to
get
the
property
back
and
the
franchis
franchisee
out,
but
it
seems,
like
you,
ignored
the
fact
that
you
had
these
properties
in
town
that
your
business
is
with
your
name
on
it,
and
no
one
pays
attention
to
who
the
Francey
franchisee
is
I'm,
also
interested
in
information
with
regard
to
how
you
handle
other
franchisees
I
mean.
Obviously,
Burger
King
is
a
huge
corporation
and
you
have
lots
of
franchisees.
So
this
isn't
the
first
time
someone's
gone
bankrupt
if
I.
C
People
around
the
country,
other
council
members
from
I,
can
hear
other
places
where
it's
gone,
bankrupt
and
you've
done
the
same
thing.
Leave
the
properties
looking
abandoned,
not
do
anything
with
it.
Why
would
you,
as
an
organization,
a
large
big
corporation,
allow
your
name
to
be
besmirched
that
way
by
allowing
the
properties
to
stay
in
this
terrible
condition,
so.
K
The
direct
answer
is
the
question:
how
was
the
bankruptcy
lawyer
I
was
trying
to
get
these
properties
back
to
Burger
King
corporation,
so
they
could
refrain
size
them.
I
actually
believe
at
one
point,
the
Burger
King
name
would
have
been
covered.
I
can't
speak
to
the
question
of.
Why
wasn't
someone
out
there
after
we've
got
control
of
the
real
estate
to
clean
it
up
and
deal
with
this
issue?
I
can't
speak
to
that
because
I
wasn't
there
and
it
wasn't
something
that
I
was
charged
with.
C
C
Mean
I
think
that
there's
this
effort
to
say:
well,
you
don't
understand,
there's
us,
there's
the
franchisee
there's
the
bankruptcy
of
court.
Here's
what
I
understand
in
real
people's
terms
the
properties
look
terrible,
you
guys,
whoever
it
is
Burger
King
did
in
that
care
and
left
them
looking
abandoned
and
that
you
have
lots
of
franchisees
as
many
of
them
probably
file
for
bankruptcy,
and
so
you
know
that
this
is
gonna,
be
an
issue,
but
you
didn't
step
up
to
take
care
of
the
properties.
That's
my
main
beef
with
it.
C
The
drive-thru
thing
isn't
really
an
issue.
It's
that
Burger
King
is
a
big
corporation
with
lots
of
resources
and
has
now
look
bad
in
two
neighborhoods
in
our
city
and
now
you're
saying
yeah,
we've
been
terrible
people
on
our
property,
but
let
us
continue
to
do
something
also
something
that's
not
legal
under
your
code,
so
maybe
Carol
could.
Mr.
AD
Asking
to
do
something
that
is
illegal
under
your
code,
because
it
does
allow
for
continuances
of
non-conforming
uses,
and
we
believe
that
we
are
still
legally
non-conforming.
This
is
Caterina
GLIP
tiss.
She
can,
you
know,
tell
you
about
Burger
King
and
the
efforts
they're
taking
now
to
take
care
of
the
properties
it
was
overlooked.
There
was
when
you
have
no
local
franchisee
who's
at
the
property
every
day.
That's
what
happens
with
vacant
properties
and
why
we
should
get
these
reopened.
F
Alright
hi
everybody
thank
you
for
letting
us
speak
today.
Yes,
I
can
can
say
on
behalf
of
that
we
don't
have
franchisees
that
go
bankrupt
regularly.
Paul
could
probably
speak
to
that
more,
but
this
is
not
within
my
division
in
purview.
This
is
the
only
one
I've
had
and
time
that
I
have
been
in
this
position.
So
this
is
not
something
that
is
common
BK
as
a
franchisor
is
about
99
percent
run
through
locally
owned
operators.
F
We
don't
own
or
operate
our
restaurants
ourselves,
it's
all
through
what
is
usually
small
business,
family-owned
franchisees
and
in
this
case
the
the
there
were
issues
that
began
before
the
former
franchisee
ep-3
Foods,
exited
those
restaurants,
and
we
towards
the
end.
There
had
been
hearing
that
there
was
a
lot
of
other
situations
that
were
going
on.
They
weren't
being
able
to
play,
pay
their
employees,
they
weren't
able
to
order
food
from
distribution
centers.
They
were
having
a
multitude
of
issues,
so
they
themselves
I
think
when
they
were
the
franchisees.
F
There
were
not
up
keeping
the
properties
to
the
extent
that
they
should
have.
Is
they
faced
severe
financial
constraints
and
ended
up
filing
for
bankruptcy
and
got
converted
to
chapter
7
later
and
in
the
time
after
that?
What
I
can
say
is
a
what
Carol
said.
It
wasn't
oversight.
It
really
was.
We
didn't
have
local
presence
here
and
it
was
an
oversight
on
her
end
as
we
realized
what
was
going
on.
We
contracted
a
property
management
company
to
come
in
and
take
care.
We
did
a
couple
of
things
up
front.
F
We
did
what
we
had
thought
was:
securing
the
property
isn't
had
boarded
up
a
little
bit
and
winterized
a
little
bit,
but
we
didn't
get
to
the
point
that
we
needed
to
and
in
complete
honesty
it
was
an
oversight.
But
since
this
past
June
or
so
we
have
had
a
local
property
management
company
coming
through
and
being
on
property
twice
every
two
weeks
and
maintaining
and
we've
resolved
anything
that
came
to
our
attention
any
any
notices
that
we
had
from
people
coming
by.
F
We
had
resolved
within
a
day
or
two
of
getting
those
notices
and
then,
as
I
said
throughout
the
winter,
had
snow
removal
and
and
have
been
doing
landscaping
and
I
apologize
that
that
started
not
immediately
once
everything
had
happened,
but
we
are
trying
to
do
better
and
look
forward
to
continuing
to
doing
even
better
than
that.
Should
we
have
the
opportunity
to
reopen
these
restaurants
and
establish
somebody
who
is
a
a
credible.
F
Franchisee
in
the
system,
who
has
a
proven
track
record
with
Carol,
mentioned
they're
based
in
Chicago,
but
we
do
have
restaurants
in
the
area
they
operate
in
Brainerd
and
in
Bloomington
and
in
some
other
parts
of
Minnesota,
and
so
they
aren't
that
far
away.
Kevin
Kinney,
who
is
here
with
us,
is
the
regional
operator.
A
P
I
do
want
to
echo
my
colleague.
One
of
these
workings
is
in
my
ward.
I
know
the
other
one
is
on
the
on
the
south
side
and,
and
there
had
been
a
lot
of
questions
and
I've
learned
a
lot
about
this
building
and
the
owner
and
the
long-term
lease
which
was
which
was
back,
which
was
baffling
to
me.
I
think
I
think
that
I've
heard
from
our
attorneys
that
you
know
this
is
a
that.
P
You
all
have
a
strong
case
here
and
that
we're
you
know
and
that
the
best
thing
is
probably
to
approve
your
appeal,
but
I
do
want
to
want
to
share
that.
It
is
concerning
that
you
have
a
building
that
sits
on
a
corridor
that
that
has
increased
activity.
That
is
a
changing
corridor.
Small
businesses
from
the
area
want
to
know
that
they
that
they
feel
an
obligation
to
make
the
corridor
look
good,
and
yet
we
have
a
major
corporation
sitting
on
sitting
on
a
corner
in
a
sea
of
parking
lot
boarded
up
no
minimal
lighting.
P
P
Things
that
that
really
yeah
they
make
the
neighborhood
and
myself
sort
of
lack
trust
and
in
this
organization
that
that
there's
a
lot
of
care.
That's
going
to
go
into
this.
What
is
the
current
timeline
if,
if,
if
approved
here,
and
if
my
constituents
weren't
essentially
asking
for
this
space
to
be
reactivated,
I
probably
would
be
much
more
willing
to
take
you
all
to
task
on
how
the
space
has
been
treated.
F
Yes,
absolutely,
and
so
should
should
everything
go
in
the
favor
of
reopening
the
restaurants,
we
would
have
to
work
through
the
planning
procedure
with
the
city,
of
course,
and
as
everything
gets
approved
and
we
get
permitting
at
that
point,
it
would
be
it's
about
a
three
three
and
a
half
month,
build-out.
So,
however
long
it
takes
us
to
get
to
where
we
can
kick
off
the
three
and
a
half
month,
build-out.
AD
P
You
and,
and
and
you
all
currently
have
it
at
minimum
access.
We've
sounds
like
you
guys
have
access
to
the
whole
property,
but
you
also
have
access
to
the
exterior
of
the
property,
correct,
I,
think
I.
Think
myself
and
I
can't
speak
fully
for
council
member
jenkins
because
she's
not
on
this
committee,
but
if
she's
here
I
would
imagine
a
great
first
step
would
be
the
exteriors
of
the
building,
making
sure
that
that
there
is
lighting.
P
You
know
that
the
windows
are
visible,
that
you
know
that
there
isn't
sort
of
vandalism
sort
of
not
well
done.
Vandalism,
if
you
guys
want
to
invite
artists
to
come.
Take
the
experience
in
your
building.
I
can
give
you
a
list,
but
yet
but
but
it
would
be
great
if,
if,
if
the
timeline
for
that
could
be
less
than
three
months
sure.
F
Yeah,
no,
absolutely
a
great
and
I
think
that
clarify
Thank
You
Carol
for
bringing
that
up
these
restaurants
at
this
point
are
so
old
that
a
lot
of
the
equipment
inside
is
not
too
burking
standard.
So
there's
a
lot
that
has
to
be
done
to
get
them
to
a
place
where
they
can
actually
operate,
which
is
why
there's
that
three-month
timeline,
we
can't
just
immediately
reopen
the
doors,
unfortunately,
but
in
terms
of
things
that
we
can
do
to
maintain
and
improve
the
exterior
immediately.
We
are
very
much
on
board
with
working
with
you
on.
A
Thank
you,
I'm,
not
seeing
any
other
further
questions.
Thank
you
all
for
your
testimony.
At
this
point,
I'm
gonna
open
the
hearing
to
other
members
of
the
public
would
like
to
address
the
committee
and,
while
we're
taking
these
years
against
together,
I'm
going
to
break
them
up
by
location,
so
I'm
gonna
begin
with
30
locations
at
33:42.
Nicolette
Avenue
is
anyone
here
to
speak,
to
33,
42
Nicollet
and
when
here
to
speak
at
that
location,
not
seeing
anyone,
I'm
gonna,
close
well
I'm
going
to
move
on
to
the
other
h18
West
Broadway
facility.
A
Both
of
them
sure
great
councilmember
Ellison's
motion
is
before
us
all.
Those
in
favor
say
aye
aye,
all
opposed,
say.
No.
That
motion
carries
with
that.
We're
gonna
move
on
to
our
discussion
agenda.
Item
number:
seven
is
an
ordinance
modifying
the
definition
of
affordable
housing
units
to
address
the
inclusionary
zoning
units
and
projects
using
income
averaging
and
I'll.
Ask
for
us
to
have
presentation.
AE
Good
afternoon,
chair,
Schroeder
councilmembers,
I'm
Brad
Carter
I
am
in
Si
PES
development
services
division
in
the
customer
service
center.
The
item
before
you
today
is
a
text
amendment
to
update
the
affordable
housing
exemption
clause
in
our
Park
dedication
ordinance.
That
ordinance
has
been,
in
effect
since
January
1st
of
2014
sore
just
passed
our
six
year
mark
on
that.
AE
The
current
language
in
the
code
is
what
has
been
in
there
since
adoption,
and
it's
basically
exempts
any
of
residential
units,
new
construction
or
conversions
where
they
they
meet
the
60%
of
metropolitan
median
income
requirements
for
affordable
housing.
So
what
they
do
now
is
they
provide
that
documentation
through
an
affidavit?
That's
notarized,
saying
either
all
their
units
or
some
of
their
units
and
the
development
meet
that
requirement,
and
then
we
remove
that
amount
out
of
their
fees
that
are
paid
on
their
building
permits
for
park
dedications.
AE
The
text
amendment
is
something
that
it
we
have
worked
with
brought
forward
by
our
colleagues
and
see
ped
in
our
housing
policy
and
development
group,
and
it's
basically
to
update
the
ordinance
to
keep
the
existing
language
in
there,
but
also
add
two
additional
exemptions
under
the
affordable
housing
to
reflect
both
federal
level
changes
that
have
happened
in
the
past
few
years,
dealing
with
housing
tax
credit
that
went
through
the
federal
government.
That
includes
a
concept
of
income
averaging
and
to
reflect
our
recently
adopted
in
coordinates
dealing
with
inclusionary
zoning.
AE
A
C
Thank
You
mr.
chair
and
I
can't
imagine
there'd
be
any
issue
with
this,
but
what
I
do
want
to
say
is
that
this
is
the
result
of
something
good
happening.
I
mean
the
truth
of
the
matter.
Is
we've
gotten
permission
from
the
federal
government
to
income
average
to
allow
for
30%
units
in
some
projects
and
as
a
result
of
that,
that's
offset
by
units
going
from
50
or
60
to
80
they're,
not
just
going
to
market
rate
they're
still
affordable
below
a
hundred
percent.
C
So
this
would
allow
for
that
income
averaging
I
I
think
that
we
want
to
encourage
that
as
a
way
to
get
30
percent
units
in
the
city.
I
think
the
ordinance
generally
has
been
pretty
successful.
We
constantly
are
complaints
from
developers
about
the
cost
of
doing
business
in
Minneapolis
and
while
I,
don't
necessarily
disagree
with
what
they're
saying
I
think
we
do
a
lot
of
good
things
to
encourage
affordable
housing
to
be
built
and
wavering
out
projects
that
income
average
I
think
is
a
good
step
in
the
right
direction.
C
G
You
mr.
chair
I,
think
this
is
a
great
change
and
I
think
customer
Goodman
and
the
staff
for
bringing
it
forward
I
do
have
increasing
kind
of
questions
and
concerns
about
the
underlying
Park
dedication
fee
structure.
Right
now,
I
have
neighborhoods,
where
there's
a
lot
of
money
that
has
been
collected
for
parks
which
is
not
being
invested
into
our
park
system,
and
we
just
work
together
with
the
park
board
to
invest.
G
You
know,
400
million
dollars
and
to
capital
infrastructure
in
our
parks
as
we
contemplate
asking
for
a
sustainable
building
requirements,
and
you
know
other
kinds
of
amenities
from
development
projects,
I
think
as
we
go
forward,
it's
useful
to
just
have
in
the
back
of
our
minds.
This
idea
of
what
are
we,
you
know
what
are
the
priorities
when
we're
asking
for
public
benefit
back
from
developments?
G
We
are
very
limited
by
the
legislature
in
our
options,
so
I
just
say
that,
because
we
had
so
much
discussion
earlier
on
that
one
individual
projects
about
what
what
kinds
of
benefits
do
we
want
to
see
back
from
the
community.
This
is
one
that
has
been
a
priority,
so
we
are
generating
an
a
significant
amount
of
money
from
development
for
parks,
a
lot
of
which
so
far
hasn't
been
spent.
G
C
C
V
went
into
place
prior
to
the
time
that
we
did
the
parks
and
streets
deal,
because
we
did
not
anticipate
gigantic
amounts
of
money,
and
so
it
might
be
time
to
revise
this
in
lieu
of
the
fact
that
a
lot
of
this
money
is
not
being
spent
in
parks
on
new
improvements,
and
the
purpose
is
not
to
use
the
money
to
maintain
existing
parks,
but
they
have
to
actually
add
park,
infrastructure
and
I'll.
Just
point
out.
I
kind
of
wish.
C
A
All
right
with
that
council
member
Goodman
motion
is
before
us
all.
Those
in
favor
say
aye
well,
as
opposed
to
say
no,
the
ice
have
it,
and
that
motion
carries
we're
now.
Moving
on
to
number
eight,
which
means
we're
halfway
through
our
agenda.
I
was
a
joke.
We're
now
on
the
rezoning
related
to
the
Dinkytown
project
and
item
1
and
2,
with
those
being
the
applications
being
denied
I'm,
assuming
that
what
would
be
the
correct
one
if
I
can
get
some
guidance
from
staff.
I
Being
that
the
applications
required
to
build
the
project
or
denied
it
would
be
most
appropriate
to
deny
the
rezoning
that
said.
C3A
zoning
would
not
be
inappropriate
here,
given
the
policy
guidance
in
Minneapolis
2040,
but
typically
we
wouldn't
do
this
speculative
rezoning
if
the
project
isn't
going
forward.
Thank.
G
You,
chair
I,
don't
know,
I
mean
this
site
clearly
calls
for
c3a
zoning
and
our
policy
guidance.
I
I
mean
I,
can
see
it
go
either
way
we
actually
upheld
the
height
which
was
granted
by
the
Planning
Commission.
We
denied
that
if
they
are
theoretically
a
proposal
could
come
in
for
a
ten
story.
Building
at
the
allowed
FA
our
zoning
I
mean
obviously
they'd
have
to
reply
again
apply
again
kind
of
wish.
We
had
taken
this
up
earlier.
I
would
have
moved
it
if
I
had
noticed
at
the
time.
I
C
Let
me
just
make
this
case
c3
zoning
is
extremely
permissive
and
includes
uses
that
lots
of
people
don't
like.
So
if
we
turn
around
and
change
the
zoning,
there
are
lots
of
uses
in
the
c3
without
a
development
plan
that
could
be
even
more
alarming
to
people
I'm
not
going
to
go
through
them,
because
I
don't
want
to
start
picking
them
out,
but
you
can
imagine
being
the
highest
zoning
allowed
in
any
neighborhood.
C
Someone
can
come
forward
and
put
in
something
that
not
the
neighborhood
or
the
councilmember,
but
all
of
us
really
don't
like
so
I.
Think
if
we're
gonna
make
a
change
in
zoning,
we
should
do
so
with
a
project
in
front
of
us
so
that
we
know
what
we're
getting
rather
than
where
we're
at
right
now,
which
is
we're
not
sure
what
we're
going
to
get,
and
perhaps
you
could
mention
some
of
the
uses
that
could
be
allowed,
that
people
might
not
like.
I
Right
so
the
types
of
uses
that
people
are
typically
really
not
supportive
of
our
first
allowed
in
our
c4
district,
so
things
like
pawn
shops,
gun
shops.
You
know
really
like
plasma
centers.
Those
types
of
things
are
first
allowed
in
c4.
C3
does
have
some
limitation
on
the
size
of
retail
spaces.
That's
less
permissive
than
some
of
the
existing
c2
zoning
in
that
location,
but
it
does
allow
for
a
greater
density,
certainly
than
what
the
c1
and
c2
allows
for
I.
Think.
Maybe
one
distinction
would
be
tobacco
shops.
I
C
G
Think
that's
fine,
I
I
do
think
that
our
youth
stable,
clearly
needs
updating.
C2
has
a
lot
of
uses
that
I
think
are
actually
less
preferred
compared
to
c3
a
uses,
although
we've
started
to
chip
away
at
those
because
they're
typically
more
auto
oriented
this
is
these.
Are
the
problems
we're
gonna
solve
with
our
with
our
form
overlay
and
all
of
the
other
things
they're
coming
so
I?
Guess
you.
A
I'm,
not
here
in
emotion,
so
I
will
move
to
deny
the
application,
all
those
in
favor
say
aye,
all
those
opposed,
say,
nay,
I
7.
That
motion
carries
with
that.
We
have
one
item
remaining
number:
nine,
which
is
an
ordinance
relating
to
the
regulation
of
existing
off
premises,
advertising
signs
and
billboards
near
each
regional
sports
facilities.
Ordinance
was
approved
by
council
on
January
17th,
but
at
the
request
of
the
ordinances
author
mayor,
Friday
vetoed
the
ordinance
and
sent
it
back
to
City
Council
in
January.
A
31St
darkness
was
then
referred
back
to
zone
planning
in
his
before
us
again.
What
is
worst
today
was
sent
to
us
from
the
Planning
Commission,
the
surgeons
of
the
ordinance
simply
repeals
section
5
44.1
to
0,
but
the
Planning
Commission
did
not
accept
any
other
amendments
put
forth
by
staff.
Is
there
any
discussion
on
this
item
order
committee
members
have
any
any
other
motions
council,
member
Gordon.