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PL 06/11/1969 - 31024� PLANNING CO1��SSION MEETING JUNE 11, 1969 PAGE 1 The �etin� w�e ca11�d to osder by Chai�n Erickson at 8:15 P,Mo due to lack of a quorum. ROLL CALi� ° Members Preaent: Jensen, Membes Ab�ent: Myhra Others Present: Darrel Erick�on, Fitzpatgick, Mittelatadt (10:00 P.M.) Clark, Engineesing As�istant APPROVE PI�ANNING COP'��IISSYON PZLLNiJTES : MAY 22. 1969 ; MOTION by Mittelat�dt, seconded by Jen�en, tiaat the Planaing Co�ission minutea of May 22, 1969 be approved with the correction on Page 2, second paragxaph readiag "Tti� l�nd hs� p�t, 6 to 8 feet deep,--". Upon a voice vote, all voting aye, the motion casried ua�nimoualy. RECEIVE PIATS � SUBDIVISLONS-STREETS � UTILITIES SUBCO�I+Il�TTEE MINUTES: JUNE 4, 1969: 1�OTION by Jensen, seconded by Mittelat�dt, th�t the Planning Coumiiseion receive the Plats & SubdivisionsTStreets � Utilities Subcon�it�ee minutee of June 4, 1969. Upon a v�ice vote, all voting aye, the motion carried unanimously. RECEIVE PARKS � RECREATION COMMISSION MINtJTES: MAY 26. 1969: MOTION by Jensen, seconded by Mittelstadt, that the Planning Caa�ission receive the Parks � Recreation Copanission minutes of May 26, 1969. Upon a voice vote, all voting aye, the motion carried unan�ously. RECEIVE BOARD OF APPF�LS I�IINUTES: MAY 28. 1969: MOTIOAT by Jen�en, seconded by Mittelstadt, that the Planning Co�iasion receive the Board of Appeals Mi�ute� o� May 28, 1969, Upon a voice vote, all voting aye, the motion carr�ed unani�usly. RECEIVE BOARD OF APPEAI�S MINUTES: JUNE 4, 1969: MOTION by Jensen, seconded by Mittelstadt, that the.Planning Co�iseion receive the Board of Appeals minutes of June 4, 1969. Upon a voice vote, all voting aye, the ffiotion carried unanimously. RECEIVE BUILDING _ S�.iVDARDS-DESIGN CONTROL SUBCOrIl�'[ITTTEE MINUTES : MAY 28a 1969 : MOTION by Jensea, aeconded by Mittelstadt, that the Planning Co�ission receive the Building St�ndard�-Design C�ntrol Subcommittee minutes of May 28, 1969. Upon a voice vote, all voting aye, the motion carried unanimously. �, Planai�� ��mieaio� Me�timmg - June 11, 1969 1. Page 2 . �•,••+� -. --°�,.v: �.�..u.v nruu��� �va ,�foy-utse KAYE WESTERLUND; North 824.7 feet of the W� of the NE�x of the NE'� of Section 13. Re�one from R-1 to R-3A. Mr. Kaye Westerlund and Mr. R. V. Pritchard were present. � MOTION by Jenaen, �ecoaded by Fitzpatrick, that the Planning Commission waive the reading of the official public hearing notice. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Ronald Germundeon, 1390 69th Avenue: Wha� would the aetback be from the road? We have the third lot to the West. All of us on 69th are at leaet 100 feet back. Also wtaat kind of parking for the c�rs? Mr. R. V. Pritchard, 4528 58th Avenue: Oeir plan shows aome cara under roof parking. Our plans also ehaw about 180 feet that we left as open �round area. There will be grasa, ehrubbery, and the garagee or buildinge will be 35 feet from the trees. Thie would show 180 feet for aetback, whict► would be an open area and for overflav,� parking. The drop off at the South end of the land wae discuseed. The Eagineering Aeaiatant brought in the Half Section topog �ap of the area. By allowing the petitioners to use down to 860, the number o€ apartments would be 104 and not 108. MOTION by Jenaen, seconded by Fitzpatrick, that the public hearing be closed for the rezoning request, ZOA ��69-08A Raye W. Westerlund, of the North 824.7 feet �� of the West Quarter of the NE� of the NE� of Section 13, to be rezoned from R-1 4 to R-3A. Upon a voice vote, all voting aye, the motion carried unanimou�ly. 2. �� �,., MOTION bq Fitapatrick, seconded by Jeneen, that the Planning Couenission con- tinue this rezoning request, ZOA �69-08A Raye W. Westerlund, of the North 824.7 feet of the W� of the NE� of the NE'� of Section 13, to be rezoned fzom R-1 to R-3A, until the �eting of July 9, 1969 because there are only threc members tonight. Upon a voice vote, all voting sye, the motion carried unani- �us ly . TOM SWANSON; All that part of Lot 34, Revised Auditor's Subdivieion east of east line of Block 1, Mieaissippi View Addition. The applicant, Mr. Swanson wae not present. Mre. Novak, wife of the owner of the property, was pze�ent. MOTION by Jenaen, seconded by Fitzpatrick, that the Planning Co�nission. waive the reading of the official notice of the public hearing. Upon a voice vote, all voting �ye, the motion carried unanimously. The Engineering Aeaietant said this propoaed preliminary plat would be part of the final plat, as he undeastood Mr. Swaneoa purchased the extra lot and wanta to make one final plat. Plaiming Commiasion Minutes - June 11, 1969 P�ge 3 Mrs. Novak said that no purchase had been m�de. She was asked to identify her �''� husband's sigaature on the application forn4, which ahe did. Inasmuch as Mre. Navak did not understand the purpose of platting, Mr. Jensen explained that in the act of platting their property in conjunction with what Mr. S�enaon previously had approved, they did not lose any title to the property with the exception of 25 foot right of way aloag the Esst line. They will �till be o�mmexs as they are today. However, they will have three separate parcels inst�ad of one laxge oae. Mre. Novak said they etill want one large piece. � �1 Chair.man Erickson explained the procese o£ the final pla�. in which signatures of all the owaere are required, confirming that platting does not mean a change of ownerahip. Danald Nielsoa, 115 71st Way (Lot 31) said he had been contacted in regard to selling 25 feet for a road easement, but could not come to terms with Mr, Swanaon about the price. Mr. Gordon Sangeter, 7169 Riverview Terrace, eaid his property abuts the pro- poeed plat. Hie objections were the eize of the lots were not comp�tible with the area, the traffic from the lots would uee Riverview Terrace. MOTION by Jensen, seconded by Fitzpatrick, that the Planning Commiasion continue the public hearing of the proposed preliminary plat, P.S. ��69-07, Brentwood Eatates (Revised) by Tom Swanson, for all that part of Lot 34, Revised Auditor's Subdivi- sioa �77 lying East of the East line of Block 1, Missisaippi View Addition until the meeting of July 9, 1969 expecting Mr. Swanson to make an appearance at that time. Upon a voice vote, all voting aye, the motion carried unanimously. Chairman Erickson cou�ented that he was particularly bothered by the fact that the petitioaer has not made an attempt to complete the access road of the original plat which leaves it mandatosy for the City to condeum the land to get a road in there. The possibility is that the Novak's may not go alon� with this platting if it is approved. He would like the two partiee present. 3. PUBI,IC HEARING: REZODTING R�UEST: ZOA ��69-09, SACRED iiF.ART PARISHt Lota 5, 6, and N'� of Lot 7, Block 10, Hamilton's Addition to Mechanicsville, Rezone from R-2 to R-3A. MOTION by Jensea, seconded by Fitzpatrick, that the Planning Commisaion waive the reading of the official public hearing notice. Upon a voice vote, all voting aye, the motion carried unanimously. The Engiaeering Assistant sai�d that the Church plans to sell off the North part of the cemetery which ie not being used as a cemetery. Most of the property is already zoned R-3 except the piece in the rezoning zequest. This will aquare up the ealeable portion. Accesa would come fram Fifth Street. Brunis Smoka, 2513 St. Anthony Boulevard: He explained that he represented the Church. They have a large piece of land which could be used for some other purpoae than lying vacant. They have about 175 burials in the other part of the land that they intend to keep. They want to rezone the unused portion so that the land can be put up for sale for multiple dwellings. Plaaniag Co�i.ssion Meeting - June 11, 1969 Page 4 ,�.�\ Mr. Aadrew Smoka, 2607 Tawnview Avenue and Mr. Emil Lach, 2607 Townview Avenue were members of the Church and concurred. 4. Mr. G. Arnold Carlson, 5430 Fifth Street, asked what could �o on this property and was told s�ltiples only. The requeet ie for approximately two acres. Thirty- eix unite could be built, but at this time, there wocxlcl be no way of knowing whether it would be one large unit or several smaller ones. It was explained to Mr. Carlsoa that his land, also, is zoned R-3. MOTION by Fitzpatrick, seconded by Jensea, that the Planning Co�ission close the official public hearing of the rezoning request, ZOA �k69-09, Sacred Heart Parieh, of Lots 5, 6 and N'� of Lot 7, Block 10, Hamilton's Addition to Mechanica- ville, to be rezoned from R-2 to R-3A. Upon a voice vote, all voting aye, the motion carried unanimoualy. _ 1�TION by Jensen, seconded by Fitzpatrick, that tthe Planning Co�ission continue conaideration of the rezoning request, ZO�i �69-09, Sacred Heart Parish, of Lots 5, 6 aad N� of Lot 7, Block 10, Hamilton's Addition to Mechanicsville, to be rezoned from R-2 to R-3A until the J.uly 9, 1969 mef�ing to giae an opportunity for the sest of the Ca�mmisaion to take �ction on it. Upon a eoice vote, all voting aye, the �otion carried unanimously. . Lot 8, Block 2, Rive:wood Manor. -08. MARION'S /"` Mr. Haward Crabtree and Mr. Al1en Rolland wese present. MOTION by Jensea, aeconded by Fitzpatrick, that tt►e Planning Co�ission waive. the reading of the official public hearing notice. Upon a voice vote, all voting aye, the motion carried unanimouely. Mr. Crabtree aad Mr. Rolland discuased the prepared aketch of the proposed plat. Mr. and Mra. W. J. Engelhardt and Mr. Roger Clae�gen� were also present to review the plans. MOTION by Fitzpatrick, seconded by Jensen, that the Planning Co�ission close the public hearing of the proposed preliminary plat, P..S. �69-08, Marion's Terrace by Howard Crabtree of Lot 8, Block 2, Riveiwood Manor. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Fitzpatrick, secoaded by Jensen, that the Planning Co�iesion recom- mead approval to the City Council of the preliminary plat, P.S. �69-08, Marion's Terrace by Howard Crabtree of Lot 8, Block 2, Riverwood Manor. Upon a voice vote, all voting aye, the motion carried unanimously. 5. CONTINUED PUBLIC HEARING: REZONING REQUEST, ZOA �69-08, R. W. WORMSBECKER: NW� of NW'� except North 16.6 acres and SW� of NW� o£ Section 2, also the North 34.68 acres of NE'� of NEx of Section 3. Rezone from M-2 (heavy industrial) to R-3 (general imultiple dwellings). Public Hearing clo�ede �� The Chairman reported he had received a request from the applicant to continue the rezoning requeat for thirty days. Pla�aiug C �sion P�ieetiag - June 11, 1969 ���� 5 A letter was received by the Chairman from Independent School District No. 16 /� dated June 6, 1969 maintaining its poeition of opposing the se�oning request. MOTION by Mittelstadt, seconded by Jensen, that the Planaing Co�ise�on receive the letter from the Independent School District No. 16, dated June 6, 1969, main- taining its poeition of opposing the rezoning request, ZOA �69-080- Upon a voice vote, all votix�g aye, the motion ca�ai ed unanfmausly. MOTION by Fitzpatrick, secoaded by Jeneen, that the Planning Co�iseion continue to July 9, 1969 the rezoning reque�t, ZOA �69-08, It. W. Wor�eb�cker for the NW� of the NW� except the North 16.6 acres and the SW� of the NW� of Section 2, aleo the North 34.68 acres of NE'� of NE'� of Section 3, to be rezoned fgom M-2 to R-3. Upon a voice vote, all voting aye, the motion carried unaaiimouely. 6. LOT SPLIT REQUEST: L.S. �69-15. ARTHUR DEYS: Lots 3 through 5, Block 7, Hyde Park Additioa. Mr. Deys brought the certificate of �urvey. The survey aho�ed a definite problem rega=ding tha eacisting house as it was placed on the propoeed lot line. Because of the narrow lote, a aetback problem is created which would require a variance. It was suggeated Mr. Deye go before the Board of Appeale and make an application for a sideyard variance and setback. MOTION by Fitzpatrick, seconded by Jensen, that the Plannin� Commission refer the Lot Split Request, L.S. �69-15, Arthur Deys, of Lote 3 thaough 5, Block 7, Hyde Park Addition to the Board of Appeals for their opinion. Upon a voice vote, all voting aye, the.motion carried unanimously. It waa suggested that Mr. Deys should look into dividing the split by a diago- aial line being approximately 60 feet on the etreet side and approximately 57 feet on the rear lot line of the new lot. 7. REZONIIQG REQUEST; ZOA ��69-10, GEORGE BALTHAZOR: Lot 3, Subdivieion 10 of Auditor's Subdiviaian �94 (North side of Skywood Lane facing Hwy. ��694). Rezone from It-1 to Triplex. Set public hearing date. Mr. and Mrs. George Balthazor were present. The Commission felt R-3E�. would cover the triplex request. MOTION by Jensen, seconded by Fitzpatrick, that the Planning Co�ission set the public hearing date of July 9, 1969 at 8:00 o'clock P.M. for the rezoning requeat, ZOA �69-10, George Balthazor, of Lot 3, Subdivision �10 of Auditor'� Subdivision �94 to be rezoned from R-1 to R-3A. Upon a voice vote, all voting aye,, the motion carried u=ae,aimously. 8. REQUEST FOR A SPECIAL USE PERMIT FOR CONSTRUCTION OF A TWO FAMILY DWELLING IN R-1 ZONING: Lot 3, Block 4, Ostman's Addition by Roger L. Peterson. Referred by Council at June 2nd meeting. Mr. and Mre. Roger Peterson and Mr. Harland Berry (contractor) were present. ^ Mr. Mittelstadt said, explaining the action of the Board of Appeals, this was = a request for a apecial use permit to conatruct a two family dwelling in R-1 zoning with living quarters one on top of each other. The Code indicates that a double bungalow, by specia� use permit, goes from the Board of Appeals to the Plannin� Co�ission Meeting - June 11, 1969 Pa�e 6 Planni�g Co�ission and then to Gouncil. There are $1,000 in back taxes, and r'� becauae of the hole on the lot, it would take about 1,000 yarde of fill at $1.00 a yard to fill it up. The floor of the basement ie much higher than the water table. There could be a parking problem with renters in the basement. He � ahould have a three car garage, as the neighborhood does not want cars standing outeide. If the Board had O.K'd. a tusn around, this would have h�d to be made in the front of the houae facing East River Road. Then there is the po�sibility that the petitioner would not be the permanent ownera There could be deteriora- tion with diffesent ownere. The neighboas, ho�ever, appreciate h�ving the hole filled and would agree to the use. Mx. Swanson said the actual house, for all appearance°� aake, would be a regular single family house with a walkout to the rear. He had a petition from all the people in the aurrounding neighborhood and no one was againat it. MOTION by Mittleatadt, aeconded by Jensen, that the Planning Commission receive the petition preaented by Roger Peterson with eleven aignatures approving the rezoning request, dated June 11, 1969. Upon a voice vote, all voting �ye, the motion carried unanimously. The plans for the house were shown and discussed with the Planning Co�iesion by Mr, Berry, the contractor. He explained the lot was given to Mrs. Petereon as a gift. This put an entire different aspect to the initial expenae in getting the lot ready for constructioa. The Co�ission agreed that a turn around should be provided on the lot so that ,^ cars would not have to back onto East River Road, and that there should be a three car garage. MOTION by Jensen, seconded by Fitzpatrick, that the Planning Co�ission recom- mend approval of the special use permit by Roger L. Peterson for construction of a two family dwelling provided that the petitioner makes provieion for a turn around on the property so that autos may enter East River Road head on, rather than backing on, and that a three car gagage be constructed as part of this propoeal. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Mitteletadt aaked if there was no way the City can expect the owner, now that he received a special use permit to operate an apartment within the confines of R-1, that you can stipulate that if the original owner sells the property, it reverts back to R-1? The Engineering Assiatant anewered that, as long as the use remains.the same and the building ia not altered, the-use does not change. 9. VACATION REQUEST: SAV ��69-03, GREAT NORTHERN RAILWAY CO,: Alley and street� in Block 6, Berlin Addition. The Eagineering Assistant reported that Northern States Power Co. and the Great Northern Railway are now discuesing the vacation and its effects upon the utility easements. This item was to be continued. 10. CONTINUED REZONING REQUEST: ZOA ��69-06, EI.DON SCHMEDEKE: Lots 16 through 19, Block 12, and Lot 30, Block 21, Hyde Park Addition. Rezone from R-2 to C-2, �, Planniag C ��ion Meeting - June 11, 1969 P�ge 7 MOTION bq Fitzpatrick, seconded by Mittelstadt, that the Planning Co�iaeion �''� reco�end approval of the rezoning request, ZOA 4�69-06, Eldon Schmedeke, of Lots 16 through 19, Block 12 and Lot 30, Block 21, Hyde Park Addition to be rezoned from R-2 (limited multiple family dwellinge) to C-2 (general bueinesa areae). Upon a voice vote, Fitzpatrick voting aye, Erickaon, Jensen, Mittelstadt voting nay, the MOTION FAILED. Mr. Jenaen eaid he wae concerned by the motion because of the effect of broader consideratione that are already on the Council table. Part of one of their plans iacludee acquisition of right of way from the Schmedeke property and he thought it would be quite improper to rezone his property if the co�unity is going to end up condemniag or acquiriag a right of way from him. It might be more proper to send the rezoning request without a reconnnendation. MOTION by Mittelstadt, seconded by Jenaen, that the Planning Co�ission pase on to the Council without reco�endation, the rezoning request, ZOA �69-06, by Eldon Schmedeke of Lots 16 through 19, Block 12, and Lot 30, Block 21, Hyde Park Addition to be rezoned from R-2 {limited multiple family dwellings) to C-2 (general businesa areas). Upon a voice vote, Erickeon, Jensen, Mittelatadt voting aye, Fitzpatrick voting nay, the motion carried. 11. VACATION OF HORIZON DRIVE EAST OF Ti�iRD STREET: SAV �69-04, CITY OF FRIDLEY: 5100 and 5101 Horizon Drive (Lot 2, Block 9 and Lot 7, Block 4, Carlson's Su�nit Manoa South Addition). It was noted the City was making a parking lot at the owner's expense in exchange ,�''� for other benefits to the owner. The utility easement (sanitary sewer) was do�m the middle of the parking lot. It was necessary that the owner petition for the vacation and give an suthorization for the City to assess against hia property the new improvemente. The co�ent was that 51st Avenue is the croasing the children going�to the elemeatary school uae, and it ia the only cro�aing between 49th and 53rd Avenues. At one time, 51et Avenue was suggested for a pedestrian walkover. It wae felt the City ehould get an agreement that, if the crossover bridge is built, it will be allawed to �nchor on the parking lot. Also, for safety's sake, there should be a aidewalk on the North edge of the parking lot because of the signals so that the children would not be going in front of moving cars on the parking lots. The sidewalke ahould have curba. The grade was high at Univeraity and low on 3rd Street so that there would be some grading. MOTION by Jensen, seconded by Mittelstadt, that the Planning Coummission reco�end approval of ZOA ,1�69-04, vacation of Horizon Drive East of Third Street by the City of Fridley with the etipulation that a pedestrian walkway be provided between 3rd Street and T.H. �47 outside the limits of the proposed parking lot, construction of said sidewalk to approximately wind up with the signalized crossing on T.H. �47, and the City retaiaing the proper utility eaeement. Upon a voice vote, Jensen, Erickeon and Mittelstadt voting aye, Fitzpatrick voting nay, the motion carried. 12. PROPOSED PREi,II�'IINARY PLAT: P.S. ��69-09, MIKE 0'BANNON: Lots 11, 12, 13 and 14, Auditor's Subdiviaion �22 and Lots 1 through 16, 24, 25 and 26, Block 1, Irvington ^ Addition. 0 Planning �om�iasion Meeti�g - June 11, 1969 Page 8 MOTION by Mittelstadt, seconded by Fitzpat�ick, that the Planning Co�ission '`� set a public hearing date of July 23, 1969 and refer the request to the Plats � Sub$ivisions-Streets � Utilities Subcos�ittee of the proposed preliminary plat, P.S. ,�69-09, Mike 0'Bannon of Lote 11, 12, 13 and 14, Auditor's Subdivision ��22 and Lots 1 through 16, 24, 25 and 26, Block 1, Irvington Additio�.. Upon a voice vote, all voting aye, the motion carried unanimoi:�ly. ADJOURNMENT : There being no further businesa, Chairman Erickeon adjourned the meeting at 11:35 P,M. 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