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PL 02/18/1970 - 31069�� � PLANNING CO�SSION MEETING FEBRUARy 1g 1970 PAGE 1 The meetiag was called to order at 7:30 P.M. by Chairman Erickaoa. RO_ LL CAI.L : Members Present: Membera Abseat: Others Preseat : Erickaon, Mittelatadt, J�naen, Fitzpatrick Myhra Darrel Clark, Engiaeeriag Assiataat APp80VE PI,AI�TING C�SSION MINUTES; FEgRUARy 4 1970: Mr. Jensen asked that the followiag changes be made: On page 10, the 7th paragraph, strike the second sentence completely. On page 11, the final paragraph, 6th line, change "euch road easement" to "such agreemeat". Chais�oan Erickson �sked that on page 2, the 9th pa�agr�ph, the wozd "other" be changed to "the". MOTION by Fitzpatrick, secoaded by Jensea that the Planning Con�ni88ion Minutea of Feb�ary 4, 1970 be �pproved as amended. Upon a voice vate, all voti�g ayea the motion carried unanimuusly. MOTION by Jensen, seconded by Mittelstadt, to receive the Plats 6 Subdivisioas- Streeta � Utilitiee Subco�ittee Miautea of February 4, 1970. IIpoa a voiee vote, gll votiag aye, the �tion carried unanimouely. �►�.>,°�"� , �C�E BOARD OF APPF.�ii,S �NU�g :�BgU�y 11. 1970: �1 MOTION by M[ittelstadt, �econded by Fitzpatrick, to rec Miautes of February 11, 1970. Upon a voice vote, all eot �Ve �� Board of Appeals carsied unanimou�ly. � BYBs the motioa Mr. Mittelstadt asked tliat the record show that 1►�. �qyhr8 was atteadia� a�aether meetiag in City Hall and would he available if needed. 1• LOT SPLIT R'�'�IIE.ST: L S �70-01. EUG� ���: Lota 1-4, Block 1, Spring Brook Park Chairman Exicksoa asked ff Mr. Henriksen was present. Mr. Allen Mattson, 6320 Rivesview Terrace, said that he was represeating Mr. H�ns'iksen and would explai„n tbeir problem to the Plaaaing Co�ieaion. They have a cuatomer who wiahes to build a 50 home on one of the lots. Ia order t have 10' of sideyard on one side and a 5' eideyard on the other to meet requirementa they will have to aplit the lot and give him 5'. 79iie will make both lots approximately 65' wide, Oae is naw 60' wide and the other ie 71' wide. The lot split will equalize the lote and malce it posaible to build a 40' home oa the �econd . --�-- --- _-__ _ - - - -� _- . � � �1 � � PLAN'NING C_OI�IISSION MEETING - FEBRUARY 18. 1970 PAGE 2 lot. Otherwise they will orsly be able to build one ho�e. Chaixmaaa Erickso�a asked if Mr. Henrikseai o�rned a11 of the lots involved and was told that he did. Ms. Mittelstadt asked how close the house next door was? Mr. Mattson explained that there would be 30' separating the two ha�es. Chairman Erickson asked if Lot 1 was a coraer lot? Mr. Clark explained tha� aeither lot was a corner lot. There are no coraer iots imiolved. Chai�a Erickson asked if t,here would be garagea oa the proposed buildings? Mr. Mattson explained thaic both hamea would'have tuck-under garage�. He coatiaiued that aa he understood it, theae wese the last two lota on the block that it wa� pos�ible to gat buildiaig penn3.ta for�becau�e the laad then slopea to the flood area. C&ai� Esickson carmnen�ed that the 50° har�a would only be 6 1/2' frvm the lot line aad a 10' cleasance is needed where there is livable space. There is livable epace above a tuck-under gaacage. He contiLaued �hat they would need a varia�nce from the Board o£ Appeale in oxdes to �et a buildi�g p�rmit. Plr. Matison �lted if he didn't atill need t1n� lot �plit fir�t and w�e told that he did. Chai� Ericisson iaquired if the s�oad hame w�ae 72 ° back from the lot liae. Mr. Glark said that it was 52' back fram th� lot lisae. Chairman Ericksoa co�nted that bec�use th� setbacic could aalq vary 6' from the awerage of the setbacks of the�hamea on �ithe$ eid�, Mr. Heariksen would a18o need a varia�ce for the aecond proposed building. He wae propoeing a eetback of 35' and the average is 44'. Chai�an Erickson coatinued that Mr. Senrickaea ahould check with the Buildiag Inspectioa Department about the var- iaaces to aee if he would be able to get a permit to build. Mr. Mattson asked if the building had to be 10' from the lot line if there is a garage withia 3'� of the lot line? Mr. Mittelatadt explaiued that the living epace �st be 10 feet from the lot line and a tuck-under garage has livable epace abwe it. Mr. J�asen noted that there had beea ao new legal descriptioa supplied. Ma'. Clask etated that �he petitioners wese told that they would have to supply a new legal description, but it did not have to be for thia meeting. It would be a eimple description. PLANNING COT�IISSION MEETING - FEBRUARY 18 1970 PAGE 3 Mr. Mittelstadt asked what the legal description would be. '� Mr. Clark answered that the descriptioa for the first lot would probably be; Lota 1 6 2, except the Easterly 5 feet. The aecond lot would probably be; the Eaeterly 5 feet of Lot 2 and all of Lots 3� 4. Mr. Mittelstadt asked if the lot numbers wauld be the eame? Mr. Clark explained that they would be. P�TION by Jensen, seconded by Fitzpatrick, that the Plaaning Co�issian xecommend to the City Council approval of Lot Split request L.S. �70-01, Eugene He.arik�en. Chair�an Erickson asked that the minutea ahaw that the applicant wae told that recou�andation for approval of the Lo� Split to �he Cfty Council does not mean that the Planaing Commiasion approves of the proposed buildin,g location as ehawn. 1�TION by J�een, seconded by Fitzpatrick, th�t tlae firet motion be amended to read that the proper legals aaist be pravided befose the petitioaeg appeare before the City Couacil. Upan a voice vote, ali voting aye, ths motioa carried uaanimouslyo 2• CANTINUED DISCUSSTON OF REZOIJING REQUEST• ZOA �70 Ole P�iO�dMAN E. Continued from planning Commis�ion Meetiag of F'�bsuasy 4, 1970. n Mr. Mittelstadt a�ked if the Public �earing for the xezoniag request hsd bee� closed? Chais�an Esickeoa explained that the Public Seariag had been closed at the F�b�ary 48 1970 Plaiming Conaniseion �etiag but because of a�eetiag that had been held between the Wall Company �d ttae re�ideaL� of �he asce$ the previous ni�ht� he t]hought the Public Hea,ri�a� shoenld be reopened. 1�TION by Fftzpatgick, seronded by Jensen, that the Fublic I�ea�ing fos the rezoniag requeet: ZOA �`70-01, Normea� E. Riedel, be r�opened. Upon a voice vote, all voting aye, the motion carried uaaaimously. I�. Lee Hoffman, a repreaentative of the Wall Company, etated to the Pleaaing Caamiesion that tthe Wall Company had sent lettera to the resideate of the area, uei�g the City's mailing list for the as�, seki�g them to att�d tlie meetin� for a more detailed presentation of the compaay's plaas for the development. Fo� ty-two people had attended the m�etiag. The presentation had consisted of: 1. An Introduction of the W�11 Co. explaining what the Wall Co. was aad a few of its projecte. 2. A Diacussion of the Apartment Survey (Laad in Use Tax Survey Report for School Dietrict �14) � PLANNING CU2�IISSION MEETING - FEBRUARY 18, 1970 PAGE 4 They expanded oa the portion of the survey concerning taxes for 1 and 2 r►� family dwellings as opposed to multiple dwellings and applied the figures to the proposed development. By multiplying the figures by 14 �ey got the total tax revenue for the area and came up with the relative advantages and dis- advaatagea ia regard to school taxes. They �lso came to the conclusion that at the time the survey was tsken the average value per unit of the apartmeate in the area was $9,000. T'he value of each unit ia the Wall Coffipany project will be approximately $15,000. Thia gave the apartments a value of about $3.6 million and they feel the tax revenue for this will be in �ccesa to what the survey auggests. 3. A More Detailed Presentation by the Architect. 4. Economics og the Different Uses. 5. Diacussion,- A few of the things discussed were the t�affic problem, poading for the atorm sewer, aad the population densi�y of differeat ta�es. They had taken a au�vey of the people at the �eetixig and found out that 5 0� the 42 present preferred haviag the proper�y* zoned c�reial, 2 wanted it aoned multiple, 50% of the remaiaing peop�e prefelcred resideati�l and the othar remaiaing 507, preferred having the land tu�nned into a paak. About 1/3 of the people did not feel that Fridley had adequate housing. Mr. Wall added that they had been very aurprised to find that some of the people actually preferred to see the area zoned commercial. He did not feel that the economics of the different zonings were a aerious�consideration � of the people. Chairman Erickson asked if the people of the area had a spokesman? Mr. Rober� McPherson, 500 Bennett Drive, voluaieered. He commented that the Wall Company had told the people at the meeting that they had looked.over the area aad were �oi� to put in the �ype of housing and bring in the type of people that the residen�ts of th� area wanted.� Mr. McPherson did not feel the petitioners were capable of deciding what the people of the area wanted. He also felt that this rezoning was of importance to all of the people in School Diatrict ,�14 and that no one within a 5 or 6 block area wanted it. They are concemed about the traffic problem and the� storm sewer poading. This is not the type of environment the people in the area wanted. If apart�enta had to be built they should be built in an undev- eloped area. 7.'he residents had come to this area because it had all been zoned aingle family dwellings. They feel that thexe is not enough land left in Fridley zoned for eingle f�mily dwellings now. Eventually the tight money aituation is going to loosen up and the City will need thia land to build homea on. Several developers h�ve already tried to buy the property but the price has always been too high. The reaidenta of the area wish to be left alone in a peaceful area. Chairman Erickson asked if any member of the Commission had any questions? He added that it was prettq evident that the feelings of the people towards the development had not changed and there was no need to continue the discusaioa � unless the members of the Planning Commission had some question. PI�ANNING COMMISSION MEETING - FEBRUARY 18, 1970 PAGE 5 MOTION by Fitzpatrick, seconded by Mittelatadt, to close the Public ,-, Aearing for the rezoning request: ZOA 4�70-01, Norman E. Riedel. �'�1 Mr. Darrell W. Saari, 6161 -,Sth St. N.E., asked if it was possible for more people to be notified about the rezoning request? Chairman Erickson answered that this was not possible unles� the Cit� Ordinance was changed. Mr. Clark added that all Public Hearing notices are published in the Fridleq Sun. Mr. Saari coimnented that there were others interested who did not receive the Sua. �Chaixman Erickson explained that it was not economically feasible to t�otify all of the people who would be interested in every Public Heariag. Mr. Mittelstadt said that there is always this objection �rnd he would like to see people within 1500 feet notified but it just was not po�sible. Chairman Ericksoa asked if there was aay further discussion on the motion? II� a vo�ce vote, all voting aye, the motion carried unaniffiously. Chairm�n Erickson �hen opened the floor for discuseion by the Planning Co�ission members. � Mr. Mittelstad� comm►en�ted that he felt th� pro�ect shoaald �� eua�ed down at this time, but not for maay of the reasons the people had givr�n. It aeemed in thie case that �ust about all of the people were ag�inst the proposed devel- opment and.he had to agree that the tight moaeq situation would eventually ease. Reepin� this area open for singie family dwellings would invite resideatial deveiopers into the areaa He was agairast� the reaoni.n�. Mr. Jensen stated that he had mixed feelin� towards the rezoning. Ae had aqmpathy for the people residing in the area aad could understand thei� feelin�s that the project was not reasonable. However, he also s}rmpaehized with the owners of the propertq and the petitioner. The plans were extremelq well developed and sensibly drawn and indicated a great deal of concern for the neighborhood. This is a problem piece of property. It has mixed commercial zoning to the West and is located near a major county road. He realized the people of the area felt it was a wonderful place to live but unbiased lending institutions don't feel that liviag clo�e to a highly traveled county road ia conduaive to high evaluations. They also take a diffi view of commercial property being so close. fle felt that it might be a good idea to look for a compromiae and wondered if the other members would like to conaider that. He did not feel that he couLd vote favorably for the project as presented. Mr. Fitzpatrtck mentioned that the people of the area had developed their � property believing the area would remain zoned for single residencea. He was r PZANNING COMMISSION MEETING - FEBRUARY 18, 1970 PAGE 6 not convinced that the Riedel property could not be developed in the same wa�. � Chairman Erickson asked if Mr. Fitzpatrick had any feelings about a compromise? Mr. Fitzpatrick answered that he didn't know what the compromise would be and he would have to hear it before making any decisions. Mr. Myhra arrived at 8:00 P.M. Chairman Erickson explained to him that the general consensus of tlxe Plannin� Commission seemed to be not to vote in favor of the petition axid that Mr. Jensea had sugge�ted a compromise could be worked out. Chaix°�an �rick�on added that if a compromise was possible he would like to see it. This i� definiteiy • a problem piece of property. Even a retention pond would eventu�lly overflow and n� mat�er bow the laaad is developed the storm sewer w�ill alwa�s be � psoblem. The problem would be worse if the land was zosed com�ercial. Mr. Myhra s�ated that there is alw�qs a confliet of interest in a caee like this, between the petitioner, lanfl owners, �nd the City. The plan as now psesented meets the interests of the petition�r, who had done a fin� job presenting it, and some of the interest� of the City, who would like to see the pxoperty developed, however it does not ffieet the approval of the people in the area. The City does need apartments but the Plaa�ing Com�isaion has always tried to loc�te them adjacent to lasge areas of ap�rtme�a��, commercial aoning, rivers , or wide roads . He co��a1 �ot ey��° ,r����,�-„� .,��� � Planning Co�ai�sion recoamteading approv�l of an �partment complex ,saxrr�unded on three sides by homes. Chairman Erickson asked .ah�ther any of the me�sers of the Commission thought it would serve to delay the vote on the matter to try and come up wittn a compromise and asked if the petitio�er wa� interested in a delay? Irir. Wall �aid that they did not want their glans to go d�n the dr�ira �nd they were willing to ad�pt to try and solve the problem but theq ne�ded some idea of what the Planning Co�ission and the people wa�tedo �"he W�11 Compaaiy feels that thia plan is the most attractive design for the area. There is room for double�bungalows between the apartments and 7th Street but they had preferred to leave it open space, however they would consider an alternate plan. He did not feel it would ever be economical to build single family dwelliags in the axea. They need a suggestion to adapt their community to the existing coamnunity. Mr. Mittelstadt commented that he did not feel that the Planning Coao�issioa should let the petitioners dangle or ask them to compromise. imuble bungalows will not solve the pxoblem. When g►ou ask people to ch�nge the view that they have had for years they get emotional and won't accept it. Fridley will not remain quiet and peaceful forever but the people have a good arguement. Chairman Erickson said that the Planning Commission could either contimmue the discussion or mdove to recommend approval or denial of the rezoning reque�t. �1 e PLANNING COMMISSION MEETING - FEBRUARY 18 1970 PAGE 7 Mr. Jensen commented to Mr. Mittelstadt that at the last Planning � Commission meeting there had been one individual who, when asked if he would object to the apartments if there were single family dwellings around them, had said that he would not. This does not indicate the feeling of all the people but it at least shows that some of the peop.le might be willing to compromise. Mr. Mittelstadt said that he thought that the petitioners agreed with him. Mr. Wall stated that he appreciated the attempt of the Planning Commission to resolve the problem but upon discussing a buffer area with tiis architect they did not feel it would work, the area is too small. If they can't develop it right they would rather not develop it. MOTION by Mittelstadt, seconded by Fitzpatrick, that the Planning Commisaion recommnend to the City Council denial of the rezoning requeat ZOA ��70-01, Norman E. Riedel. Upon a voice vote, all voting aye, the motion carried unanimously. Chairman Erickson explained that the rezoning request will aow go to City Council unleas the petitioner wished to withdraw it. Mr. Wall eaid they would go to the City Council. ADJOURNMENT : n � MOTION by Jensen, seconded by Mittelstadt, that the Planning Commnisaion meeting of February 18, 1970 be adjourned at 8:30 P.M. 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