Court Ruling Emboldens Neighbors

On Friday, December 8th, a Hennepin District Judge ruled the city of Edina violated its ordinances when the city bypassed its Zoning board and granted variances to a development in the city.

This ruling's rulings precedent may be exactly what neighbors need as precedent if a lawsuit proceeds.

The Star Tribune published the following article:

Edina residents who challenged a 17-story condominium tower proposed for the city's Centennial Lakes development won their court case last week when a judge ruled that the city violated its own ordinances and state law in bypassing the Zoning Board of Appeals to grant variances.

Zoning boards would be "mere window dressing -- impotent to effect the ends they were established to serve" if cities could routinely bypass them, said Hennepin District Judge Harry S. Crump.

In response, City Council Member Scot Housh said the city followed procedures it has used in many similar cases. "I don't think we were doing anything inappropriate," he said Friday.

Over the objections of neighbors, the City Council voted 3-2 in May to approve the project, which would include stores and restaurants on the site of a defunct movie theater.

John E. Bohan and his wife, Janet, who live at Centennial Lakes, took the city to court over the proposed building at 7311 France Av. S.

John Bohan said people who buy property in Edina should be able to depend on the city code's requirements. "To grant a variance for a 17-story building in an area that in effect is limited to four or five stories is slapping the homeowners in the area in the face," he said.

Minneapolis attorney Steven Champlin, who represents the developer, Dallas-based Cypress Equities, said no decision on whether to appeal has been made. And because the judge's ruling was based on city procedures, not the merits of the case, the developer could reapply and go through city processes again, he said.

Bohan said that other high-rise buildings in the works in Edina concern him. "The city is now, I presume, going to comply with the code," he said. "If they don't, they'll be back in court."

Donna Halvorsen • 612-673-1709 • dhalvorsen@startribune.com


--Neighbors Against Porky's--
neighborsagainstporkys@gmail.com

Local "Pork Tenderloin" Blogger Says Porky's Disappoints

A local Twin Cities blogger who focuses on the Twin Cities food scene declares that Porky's will disappoint Northeast Minneapolis.

His post is below or here:


A New Porky’s?

Last Friday (12-1-2006) the Minneapolis City Council paved the way for a new Porky’s to be built in northeast Minneapolis through re-zoning over the objections of a strong neighborhood action group. The existing Porky’s is on University Avenue in St. Paul. We visited Porky’s in St. Paul last April and tried their pork tenderloin sandwich as captioned above. Porky’s is a drive-in that is really no longer a drive-in in that there is no car service with trays. It is now strictly a drive-through window or inside lobby pickup place. You can choose to sit in your car and eat but it would and should be considered a take-out service not much different than a pizza take-out shop. Since it was built in 1953 at the height of the cruising era it is considered the place for classic cars to cruise.

Potential classic car cruising seemed to be the most objectionable aspect of the new Porky’s. It should be just as accessible as the University Avenue Porky’s to the 10,000 Back to the 50s classic cars that congregate every June at the Minnesota State Fair Grounds. No doubt Central Avenue could jamb up over that weekend.

Now my take. Porky’s is living off nostalgia. It is not the place it used to be. As recently as 2002 it received a City Pages best drive-in award despite the fact it was not a drive-in anymore. There are more deserving places such as the Minnetonka Drive-in in Spring Park and the Peppermint Twist in Delano. However, nostalgia is evidently strong. It might serve the University Avenue Porky’s well. But the truth is they serve a lower tier breaded pork tenderloin sandwiches and onion rings. On the day we were there the tenderloin and onion rings tasted as if the oil had been way over used. The onion rings stuck together in a very gnarly presentation. The service was slow, uninspiring and indifferent. My second opinion taster, my wife, says it is the worst we’ve had. I was asked if there was a monster lurking in those onion rings on one message board. The tenderloin was not a classic and was served on toast and probably was a food service company pre-prepared meat ready to plop in the fryer. The existing Porky’s is a tired place living off its past--being milked for all its worth. If you find current comments and blogs about Porky’s Drive-in online, other than mine, it would seem nostalgia is enough. It is not for me. I’ve had too many good pork tenderloin sandwiches to know better.

So what is the deal with the new Porky’s? It will not have the nostalgia game to live off of. It is supposed to have seating for 30 with only 9 parking stalls. They will depend on neighborhood walk-in for those same neighbors so adamantly against it. It will not be a drive-in. So that gambit is out for cruisers. If the service and offering turns out to be the same as the University Avenue Porky’s it will not be well received. Let’s hope Porky’s revamps its food and service. This is a chance to make a destination place for a pork tenderloin sandwich with the classic name of Porky’s. But if they don’t improve, I suggest you go six blocks up the street to Sully’s Pub & Restaurant.

--Neighbors Against Porky's--
neighborsagainstporkys@gmail.com

Letter of the Day

A neighbor concerned about the Porky's process sent this letter to Mayor Rybak:

Mayor Rybak,

Your position is to represent the people of this city and their wishes. The residents of both Windom Park and Holland Neighborhoods have stated that they do not wish for this establishment as a drive thru in their neighborhoods on Central Ave. There have been twenty-five meetings in the last fifteen months put on by the neighborhoods. The feed back has been a resounding "No" to Porky's. Our council member, Paul Ostrow, did not like this answer and held his own meeting in the low income highrise on Central. Even at this meeting, the majority did not want Porky's. The voice of the populace here in Northeast is being ignored. It is not the first time that city politicians held their own meetings to get the feedback that they wanted.

When all these meetings are combine with the way that the zoning was changed for this vacant lot, it seems that the City of Minneapolis' position does not smell like roses. The City of Minneapolis did not respond within the state required sixty days to its own request. Therefore, the request for the zoning change becomes automatic. Mayor Rybak, how does this sound to you? Do we have a breakdown in city admin? Or are we just giving lip service to the old phrase of "I want to represent the people of this great city".

A drive thru also does not follow the Central Avenue Plan of being pedestrian friendly. Councilman Ostrow would not let CVS be built set back from the street because it had to be "pedestrian friendly". Residents were suppose to feel safer walking to CVS. Minneapolis has set a precident here. I know you have fond memories of riding your bike to Porky's. Those days have disappeared. It is no longer safe to let your child ride on Central Ave. Only last week we had a double shooting, with one individual losing his life, within a few blocks of this proposed business.

As an active resident of Northeast Minneapolis, I am asking you to reconsider what the role of your position as Mayor is. You do not wear a crown. Many of my neighbors and I are watching to see what you do. Will you lead by the wishes of the people of this part of the city or lead by your own wishes?

A very concerned citizen


--Neighbors Against Porky's--neighborsagainstporkys@gmail.com

Rezoning based on Error, Nostalgia, & Onion Rings

CM Gary Schiff stated that the Porky's rezoning was based on staff error & "nostalgia and onion rings."

Detailed in a Star Tribune article, Schiff shared that "issue should have never come forward."

Why not? For every consideration of rezoning, the city uses the following statement for guidance to determine if a rezoning application should be considered:
"Whether the amendment is in the public interest and is not solely for the interest of a single property owner."

Both CM Ostrow and Mayor admitted that the appeal of this fast-food drive-thru is happy memories created from biking to Porky's years ago. As a letter to the editor in the Star Tribune stated, this kind of fascination with Porky's is bizarre: especially with all the other issues facing Minneapolis.

What is next? Upcoming posts will detail what Neighbors Against Porky's is hearing.

--Neighbors Against Porky's--
neighborsagainstporkys@gmail.com

City Council Approves Porky's Rezoning

In a 10-3 vote, the city council approved the rezoning, conditional use permit, and land use plan for 1851 Central Avenue.

Council Members Gary Schiff, Robert Lillegren, and Cam Gordon cast the three vote supporting neighbors.

Gary Schiff laid out a clear argument that this rezoning sets a precedent that should give the city pause. The city no longer examines land use when consider rezoning; instead it looks at nostalga and onion rings.

More analysis of this action will be coming soon.

--Neighbors Against Porky's--
neighborsagainstporkys@gmail.com