PL 12/09/1970 - 31076�
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PLANNING COI�IlKISSION MEETING DEGER�ER �, ��70
PAGE 1
The meetin� was called to order �g 8:g5 Pei�do by iiice Chairman Fitzpatrick.
ROLL CALL:
Members Preseat:
Members Absent:
Others Preaent:
Miniah, Harris, Fitzpatrick, Schmedeke
Erickson
Darrel Clark, En�ineerin� Assietant
APPROVE PLANNTNG CDI�IMMISSION M'INU�S: NOV�MBER 4 1970
MOTION by �cl�imedeke, seconded by Maraisho �t t.�ie P1aa�ning Commission
m3nutes of Nors�r 1�o I970 b� a�p�oved. ��� s vo�ce vo�e, a11 voti�g aye,
the motion carried vnanimozasl;�.
RECEIVE PAItRS & REC1t�ATION COMMISSIOH IMINU2'ES: NOVEi�SBER.23 1970
.MOTIOIV by Minish, seconded by Schmedeke, �hat the PZannfng CouQnission
receive the minutes of the Parks � Recreation Coamiission of' November 23, 1970.
,�—� Upon s voice vote. a.ZZ voting aye, the motion carried unanim�usZy,
Fi'`�
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RECEIVE BjTILDING STANDARDS-DESIGIK CONTItOL MIrT�TTES: DECEMBER 3 1970
MOTION by Schmedeke, seconded by Minish, that the Planning Cominission
receive the minvtes of �he Building Standards-Design Con�rol meeting of
Diecember 3, Z970. Upon a voice votie, a11 voting ayee the raot�on carried
unanimausly .
1.
tor's Subdivision �108, rezone fram R-1 to
Lot 4,
2/3rde.
The Public Hearing Notice was read by Acting Chairman Fitzpatrick.
The petitioner, Mr. Sid Bader, explained that they were hoping to con-
struct a 22 to 24 unit apartment building if granted the rezoning. They
have juet finished building an apartment at 1441 73rd Avenue Northeast, and
feel it is a desirable building. They will build a well constructed apartment
which t�ill be aa asaet to the co�unitq.
The public hearing was opened to the audience.
Mr. and Mrs. Dr�m. residing at 1641 73rd Avenue which is the home
adjacent to and Eaet of the lot being considered for rezoning etated
that his home was of average value with recent remodeling costing him about
$5,000.00. He stated that he was in sales and that it wae not uncommon for
him to be tranefesed on fairly ahort notfce which would make it neceasary
to aell his home with a shorter,other than normal�amount of time to dispoee
of it. He felt that if this property was rezoned, it would hinder his ability
to sell his hame.
�'laa=tin� Commissioa Meetin� - pecember 9, 1�70 pa�e 2
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�` Mr. Sru�m had the �ollowing com�ents a�nd questions; Firat, he wondered
F if anyone could tell him when this construction would co�ence and when it
was completed, where would it be located with reference to his West line. He
questioned the location of outside facilities such as garbage cans, parking lot
and driveway. He also wondered if there was any control over the number and
ages of the children in the families renting in the proposed building.
Mr. Bader stated that he could not answer all of Mr. Drumm's questions
because they haee not gone into much detail on the plan for a building on this
area yet. However, he would offer the following data: He would estimate that
it would take them about 30 days from the date of rezoning approval. The draw-
ing that was submitted with his petition shows the building 15 feet from your
Weat line *�ith the driveway along the West aide of the lot le�ding to a parking
lot to be located North of the proposed building.
1�. Bader w�� an �t� ,s�a�� .-t1ie� �a11 t�e uniis would be two bedrodm and
theq had not tho.u�it �� a�ry �e�ric�i,o�s on the size of a family wanting to
live there. Ae wtsuld`est�:�ate, �t�ver, th�t the average age of the children
in their building at 1�41'w�s $i�mut I4 qeag�.
Mrs. Dru�m commented that most peop3.e will not buy next door to an apart-
ment. Mr. Bader �ns�ered that �hen single family lots are cloae to lots zoned
R-3, there is the possibilbty that the i�edist� a�e� may �e considered for
apartments and it would make tTn�t property worgh �nca�e�
Mr. D�� felt that their home wa� too valuable to offset the increased
�`` value if it were reaoned to R-3 tl�erefore he felt his property would more than
likely Yemain R-1 and would feeT muctx be�ter if the proposed structure were
smaller, say a fourplex.
Mr. �obert S. Bigelow, 6322 Bass Lake Road, Nlinneapolis: He stated that
in all his real esta�e experience, he would h�ee to say he would have as much,
or better, chaace of selling Mr. Drw�n'a home with the type of building Mr. Bader
ia constructing as op�o�ed to �he kind of house that is there naw.
^ Mrs. Drumm stated theq bought their house in that area for privacy and
there were just ten children in the block, but now the number would increase.
' Mr. Drumm felt the height o£ the building would affect the amount of light
his houae would receive.
Tom Marxen, 162Q Onondaga Street (Lot 5): He esplained his property was
adjacent and lies East and North of the property under discussion. The pro-
posed road in the center of his property has been dedicated and he has built
one home on the front lot, and he intended to build another one on Onondaga.
He has put in a lot of time and money so far, and felt that aomething had to
be reaolved regarding the zoning and the dedicated street.
Vice Chairman Fitzpatrick believed the subject of the roadway ought to be
taken up at this time. Originally the proposed plan was for an East/West
street midway between Onondaga Street and 73rd Avenue in order to serve the
� interior part of the block.
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Planning Commi.saion Meeting - Dec�be� 9� 1970 p�g� 3
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The Engineering Assistant gave the following brief histozy for tlae �rea:
� I� 196� the Pl�aiin� Com�s�sion �aad �ity Couacil adopted a atcreet gslaxi for tYae
� �re� �� ���.��e� N���h of 73rd A�re�a�a� �d E�st of Centga� Avenueo In ehf� so-
s���.�� ���� bl��?�s �ei.n� boa�d�d �� H�yea Stxeet on the West,on �.tae E�� ��
Stia��� ���al�va�dfl an the ATogtt� by �aaoa�daga Street and on the SoutFi by i3rd Avenue,
the p��aa indi��t�d �he aaeed for �� �ddi�ional street to run E�sg �aac1 W��t and to
be locat�d half way be�wwreen 73rd and Onondag�. 3izerce was also s couple of lege
off from this street out to either Ononclaga or 73rd Avenuee However, at the time
thia plan was adopted, the entire block was zoned R-1.
In 1963 Council approved some rezoning to R-3 in the Wesg h�1f al�aa� 73rd
Avenue in this auper block thereby reducing�the need for street �ccesa to the
rear of the 300 foot depth lots along 73rd Avenue that are zoned R-3. Ho�wever,
there still is a need for street access to the rear of the long lots faciag Onoa-
daga.
�`he area West of �yt�n%c.�r,3 property has been pretty we11 reaoived by the
Coafficil �prov��.l of th� Geor�e Nelson land use l�� Monday night. Tixe two parcels
lying East of the Zywriclei property have previously been split or platted with the
dedications of r��ht of way to ffieet th� plan for th� addition of a etreet mid-
block between 73rd and Oazondaga.
This then makes it nearly mandatory tha�t we extend the dedic�tioa through
the Zywicki property of r�hich we are conside�in� �tonight.
Acting Chairman Fitzpatrick asked if Darrel would explain the George Nelson
� development a little more in detail.
It was then expla�tned that Mr. Nelson was to dedicate a 35 foot street
easement along the West edge of Lot 30 from OnoAda�a South to midway between
Oaondaga and 73rd to provide for an outlet if the Esst/West streeta were to be
dedicated from Lot 30 to the Weato He was not required to dedicate right of way
for the East/West street through lots 30 or 31 because he plans to leave the area
North of the R-3 property (being the South half of Lots 30 and 31) open and to be
used for recreation area for the building to be constructed along 73rd Avenue.
Mr. Nelson will be platting six lots along Onondaga for single familq houses. It
wes also explained that Mr. Nelson was given approval to increase the number of
uuits allowed on the R-3 portion by the number of single family dwellings that
could have been built on the R-1 vacant property adjacent to the R-3.
It was also pointed out that if a street were put in between land zoned
R-1 and R-3 with the R-3 property having already been served bq a atreet and
sewer and water on the opposite ead,that more than likelq all the cost of the
sewer and water would have to be born by the R-1 property and 75x of the cost �
the street to be paid by the R-1 property. If this method were used to assess he
improvements, it would put the cost so high that it could make it uneconomical
to have the street put in at all.
Mr• Dr� asked if the proposed rezoning would affect his taxea - would
they increase or decrease?
� Darrel Clark answered that as far as the valuation of the property is
concerned, he would think it would stay the same because it is R-1 property.
` .P
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Mr. Drimmm wondered, with the land already zoned for apartments in that
area, and which is for sale having a larger area than �ahat is now being rezoned,
why they need this land.
Pl�ni�� C��ss�on Meetin� - Deceffiber 99 1970 Ps�e 4
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Vice �aaia°�aaz Fit�pa�rick e�pYained gh�t the requeat for the a�e�o�.n� was
� by Mr. Zywicki, the a�rner of the l�ad, �se.d he h�d asked Mr. �a�ex to develop it
for hiffi. The petitioner has the right to petition for rezoning of his own property.
Iie tlnen �ked Darrel Clark how much R-3 land is available in that area.
�����b C1��� �plained ghag �.k�ou� lpf �f ghe �rea zoaed R-3 had R-3 develop-
mea� on it n� with the assumption that George Nelson is building on his property,
it would bring the developed R-3 property to about 40%.
Mr. flarris asked Mr. Marxen if he were planning on aplitting his lot.
Mr. Marxen replied that he platted the area because he did not know the kind of
ho�s be could build becauae of the frontage. If his land remained R-1, he would
need a street accesa, otherwise if there should be a possibility that the area
would all be developed R-3, the street access could be removed.
It was also explained that the outlet for the East/West street would make
it necessary for additioaal right of way along the East edge of Lot 32 now owned
by E. H. Stein. It was noted that a letter fram E. H. Stein, awner of Lot 32,
did not ob�ect to the rezoning. Mr. Harris then wondered if it might be necessarq
to acquire another 30 feet of right away from Lot 32 to provide access to the East
lots. National Funds, former owners of Lot 32, platted the land including the
30 foot dedication, but never�filed the plat.
Mr. Bigelow said he still didn't see how this access was affected bq the
petition. It was explained that, assuming this East/West street were improved
right now with the area oa both sidea zoned R-1, the, improvement cost would
^ probably be borne equslly on either side of the new street. Now assume Zywicki
property were zoned R-3 and developed prior to the new street being improved., then
qou see the North side or R-1 property would pay nearly all the improvement cost
and the area on the South side of the aaew street vexy little because they already
have been served by 73rd Avenue.
Mr. Marxen said in answer to Mr. Bigeloc�°s question that he could not, at
this time, decide whether he would want his l�and zoned R-3 without accees or �m�
whethes.3i� could possibly accept the additional improeement cost for tbe new street
if the Sywick�.��parcel were rezoned to R-3. Hie main concern would be how could he
develop his land with some profit to him and best fit the area as far as use was
concerned.
Mr. Harris commented that the depth of the North one third of Lot 4 s 200
feet, the parcel remaining would be 101 feet deep. If a street were put thr ugh,
that would leave Mx. Zywicki with a lot North of the street less than 100 fe t in
depth. In order to malce that into buildable lots, he would almost have to p rchase
some of the lot that faces Onondaga. It will take cooperation of the people in
the block to make the plan work. The Engineering Assistant said that the ar�a
o�med by Mr. Zwicki North of the area being rezoned would be about 75 feet North
and South by 175 feet East and West along the proposed street.
A comment was made that the housea in this area are, for the moet part,
verq nice homes.
MOTION by Minish, seconded by Harris, that the Planning Conaaission close
�� the public hearing of the rezoning request, ZOA H70-06, Sid Bader, to rezone from
,e. R-I to R-3 the South 2/3rds of Lot 4, Auditor's Subdivision #108. Upon a voice
vote, a11 voting aye, the motion carried unanimously.
Plannia�, Co�nission Meeting - necember 9. 1970 Pa�e 5
� Mr. Minish said that this rezoning request is another one of u�l��se ���uble-
some situations -- sin�le femily and ffiultiple in th� ��� ����e A� tkai� po�nt,
where Lakeside, if ex�ended, woeald coffi� �hroaaffih, w�aal�l m�r1� ri�e ���e�ly boundary
of the multiple. The re�t is �in�le family. It seem� th�t a natural break would
be the entension of Lake�ide to keep it a� a buffer.
Nd�o Schmedeke �ked �hat if the propo�ed ro�d weg� to �o th��ugh, in
of o�����io� �f s�ffie �f th� pe�ple9 would the pr�c���nr� be �� ��aa�l�� ��� A�d
tneeded to complete the �gea. It �r� �g��ed �h�� �� ��1a��� e��aa�� p�rce�t��e �f the
awners wanted i�, the few undedic�ted p�rcels would prob�l�► be t��ze� by co�de�n�tion.
Mr. ��rrfa s�id he �as i������d by the presentation this evening as the
petitioner had done a lot of groiagad raorlc, such as getting signaturea from most of
the people in the bloc.k.s �e was cert�in tka�t in aome way, if the petition weg�
granted, Mr. Dtcumm'e pgope�'�y coeal� be ��otected by bex�s, l�nd�c�p�tmmg, etc. But
before he could vote for ,any rezoni�g on Lo� 4, tl�e petitioner would have to agree
to dedic�te �he 50 foot xight of �iay for tile �es�t of ttae other street. The South
ta�lf of iot 32 i� R 3�s �ell �is all ttae lota tA tl�e W��t. With 1�a Nelffion's
proj�ct goi� �fli��� �� ��ae oCt►�r ��re��t bcx�lding in �he area, that as time goes
on, he w�s certain th� re�t of.R�9 ����x�y a�fll b� develaped. Perh�ps Lot 4 is a
�ood plaee to at�9 with Mr. Marxen devel�in� hi� pr�perty It 1. If the rezoning
requ�st we�e �xaas�e��s in order to protect Mr. Dr�, the Planning Commission would
recommend the sledic�tion of tine �treet, adeqvate �cr�ening between R-1 and R-3
with trees, beams, etc. Mr. Schffiedeke �aid he also f�lt tha� R-3 should stop with
Lot 4.
,.�.,� Mr. Marxen st�ted he would prefer a p�rogex buffer on tlae North end of the
� R-3 propertq.
In the c�e �g �o I��b���9 �he En��neer��a� ��g���� ��� �� was stipu-
lated there would be no acceas to the North.
Mr. Schmedeke asked what the effect would be on the number of units in the
apartment if the street in the middle of t�e block would be dedicated. The Engineer-
ing Aasiatant anewered that by taking the right of way, the petitioner would lose about
5,000 square feet which would amount to the loss of about 2 units. Sometimes a
atreet dedication ia allowed in figuring the density of an area.
l�TION by Schmedeke, seconded bg Harris, that the Planning Co�mni.ssion recom-
mend approval of the rezoning request, ZOA #�70-06, Sid Bader to rezone the South
8a1f of Lot A, Auditor's Subdivision #�108, from R-1 to R-3 District with the stipu-
lation that Mr. Zywicki continue the necessary dedications to connect a right of
way up w3th the already dedicated portion to the East, the access to this new
street be controlled or limited, the new R-3 area be properly and adequately
screened adjacent to the R-1 properties. Upon a voice vote, aIl voting aye, except
Minish, vot{ng nay, the motion carried.
2. PVBLIC HEARING: REQUEST FOR SPECIAL USE PERMIT: SP ��/70-12, ALVIN A. 1vITSCAKE:
Outlot 1, Rice Creek P1aza South, Lot 32, Block 4, Lowell Addition to Fridley
Park together with the vacated street between before mentioned parcels.
�� The Notice of Hearing was read by Vice Chairman Fitzpatrick.
Mr. and Mrs. Nitschke were present.
�i�aaia� Co�ission Meeting - December 9, 1970 Pa�e 6
9 �
�� Tiae Eaa�inee�cin� As�ist�nt explained that �1�� r�qta�st involved some land
tradin�. The dr�wi.n� he handed out r�� ��ia�r� �� ��n� �rcc�� �d �ho�ted the lot�
owned bq the City for park. Outlot 1 i� �aed by ��ne c�igy �ad is 26 £��, r�dee
Mr. Nitscflske signed an agreeffient wherein he statted th�t if the City s�rould deed
him Outlot 1, he would deed to the City of E'xidlr�g� �2e7 gee� of Lot 31, and the
Sotath 2.7 feet oi L,o� 32 of Block 4, Lo�aell Acidition �cs �gidl�y LP��ke His request
for a Speci.al Use Permit is contingent upon a l�nd t�acleo
Nir. PTitschlce said that he talked with F�ir. Hexm�nn, City Asseasor, and was
told tthe Council w�ted him to make an offer for the l�xxd. fle made aai offer of
$250.00 for additional land.
AIOTION by Harris, seconded by Schmedeke, that the PubZic Nearing be closed
for the the request of a Special Use Permit, SP#70-I2 by A1vin .�. Nitschke to
construct a two family dwelling in an R-1 District involving OutZot 1, Rice Creek
Plaza South, Lot 32, Block 4, Lowe11 Addit.i.on i-o Fridley Park together u►ith the
v8cated street between before mentioned parce�:s. Upon a voice vote, aII voting
aye, the motion carried unanimously.
Mr. Schmedeke commented that across the street f��a the proposed two
fand.ly dwelling is M-1 Districty the land backs� up to R-1 �d to the North there
ia the possibility of another duplex being built, DarreJ. Claark added that Lot 10
is vacant, Lot 11 is occupied by a tr�ao f�mily dwellinga
Mr. Schmedeke added that after having seen the ar�a9 he had no objections
,� for the duplex being built inasmuch as �here is ano�her one in the same block,
and finallq, there were no people here tonight fr�Yn the neighborhood to object.
Mr. Minish commented that several gears a�o, when � sfmilar request was
brought up befoxe his Committee concerning this �rea, �he place was packed. Now
he is �urprised �t ttae lack of interest.
As Chairman of the Parks and Recreation Comfni.asion, Mr. Fitzpatrick said
he would like to mention for discussion a possible stipulation for some kind
of fence along the South side of Nitschke �:ot, �„quite often people build nezt
to parks and then complain of the results such as children running through the
yard, chasing balls, etc.
The City, in the p�st, had made overtures to purchase putlot l, bu�
the price was too high. Vice Chairman Fitzpatrick said the Parks felt the price
was greater than the use the park would get for the ��dit�.onal park property.
The En eering Assistant explained the reason for the change in the
zoning ordinance�hat at R-2, a two f amily dwelling could be built, and in order
to control the type of construction, a Special Use Permit categorq was added to
the Code. With a Special Use Permit, the builder has to get approval of the
Building Standards-Design Control Subcommittee for exteriors, elevations, etc.
This gives the City better control over the architectusal design. R-2 zoning
had no such restrictions.
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�� �����i-� ��t�� P De��aer 9A 1970 Page 7
i�lOZ'I'ON bg Sci�naedeke, seconded by �Iiaaish, gh�t tlae plaaz8ainq Co�nissaon
reco�eend �pp�oval of flxe Special U�e Pes�ita SP �¢70-Z2a by Alvin A, iVstscl�&e
to corastr�ct a f�o iama.Zy dc�elling in an Re1 Dsstract0 S�c��,� �g.Z� (2A)
Fr�dley Ci�y Coaea inrro.Yvirag Outlot Z� Ryce ��°eelc P1aza South, Lot 32,
BZock 4, LoweZ1 Addition to Fridley Park together with the vacated street
between before mentioned parcels, subject to CounciZ and City decisions on
land transfer as outlined in a statement dated OctobeP 27, 1970 signed by
A1v3n A. Nitschke, that there wi11 be sa�e type of fence or buffer on the
South side of the property, and that the BuiZding Standards-Design Control
SubcnrAmittee approve the building plans prior to submission to the Council,
and fin�lly that Mr. Ni�cFVice bring his plans before the Building Standards-
Design ControZ Subco�.ittee before the Special Use Perm.it is granted by
Council and in that way Council would receive the comp�ete package. Upon a
voice vote, a11 voting aye, the motion carried unaniaeously.
Mr• Ni�sc� sai;a �e felt he did sot w� the fence 9 and: that #;£ noae of
the property owaers abuttiu� a p�rlc p�,fd for t�iei�r fences, he �aould sather
not have that stipulation in.t�e motiono If lne waa►ted the fence, and if the
property would be a nuisa,ncE in that respect, �ie would put it up.
Vice Ct►sirman FitzpatriEk s�i� thaL qu�Lte oft�n the City geta it in
reverse. The neighbors ask the Park Departm�nt �o put up the fence. Usually
if one needs a f�nce, he calla the City axid e�pects the City to put i� up.
The people around thfs park h�ve not put aap ��enee, but we are conaidering a
;� .special use permit this evenin�. He sitouldat`t �k Mx. Nitschke to put up a fence
he would never need.
Mr. Schmedeke told Mr. Nitschlce i�e felt that if the Chairman of the
Parks and Recreation Commission believes the fence to be neceasary and prac-
tical but not to unnecessarily to burden you -- some day you may be more
than happy with it.
Mr. Nitschke said he plana to live in the proposed building, and
being that he was going to live there, it would probably have a contemporary
type of architecture and have a mansard roof. The architect that he is
planning to use is in New York at this time and-he could not give a date
this evening for the presentation of the plans.
3. ('ONSIDERATION OF PRELIMINARY PLAN FOR TOWNHOUSE DEVELOPMENT BY N.
CORPORATION: Lots 3 and 4, Block 2, Hayes River Lots (5950 Anna
Avenue).
Mr. Harris said this request came to the Building Standards-Deaiga
Control Subcommittee for concept approval. Then the request went directly
from Building Staadards-Design Control Subcommittee to Council without coming
to the Planning Commission. It was in the Building Standards minutee which
went to Council, and they got involved in the tawnhouse concept, before the
requeat was received by the Planniag Commisaion. The recommendation of the
Building-Standards-Design Control Subcommittee should have gone first to the
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Planning Co�ssion 1�t3.ng - Decembes 9, 1970 PB�� 8
Planning Cammission, �hen the P1ann3ng�Commi��fon ffialc.e their recomffiendati�n
go the Co�cil. �
D�rr�l ��.��1c ��id �he �eq�ae�t �� h���d to hiffi �� h� �� t�ld r�o pug
i� �n ti�� ���nd�io
I�. H�rris felt the proper �ction w�uld be tha� wrhen the minut�� �re
preseated to Councils thei.r �ction would be only to receive them. If the
Ordia��ce r�quires the P��aning Coffimissiomm re�o�exad�tion prior to Coo�cfl
aFP�'o�a18 this pgocedure �hould be follo�ed.
Accordia� to �he Code s Darrel Ci.�ak ��fd � s�he pr���da�r� i�. tkn�t �he
preliminary p�� coame� before the PlaEanin� C�����on �ad ���� �� ������
and Council approves or aceept� with variaxice� �d tlx�mm th� geti������ ffi�t
dra�ra up final plane fo� �pProval and. the re��:�et g�e� b�.r.�e �� Pl�nixa�
��mmi��ion ax�d Co�ci1. Bu3lding �tar►d�r�s-D��� Go�trol Su�co�fttee see
tFae p�eliminary plan� �i�et e
I�a I���ri� said that. �11 tfl�ee Subc��ittee ��a ca� o�a�s��� el�v�ui��� o�
t�� beaildin�� �nd wviaere parking lots axe ga�� .�� bea `l�ae saffie d��i.���
were giv�n the Pl�anin� Co�s�ion thie e�reni��o
The petitioners w�e2�t befare t1�E Board of Apgeals
�t� and got �pproval. Wlaen they �onsul�ed the banlcs
r'1 not fe�si.ble og ecoa►offiical and then they came back with
Council �aid tlaey likecl the idea.
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for high ri�e apart-
Lrhey were told it was
the to�ahouae concept.
MOZ701V by Minisho seconded by I•lar�g�o �la�t f�ie P.Iaau�ing Co�ssion
table considera�on of a preliminaay pl�sa for �'or�nhouse �ve.lopm��at by N.CoR.
Corpor�tion to be constructed on Lots 3 and 4, �lock 2, Ha�es Rfver Lots,
until the final plan is filed with the Building Inspection Departmenta
Upon a voice votee all voting �ye, the motion carried unanimonsly.
MOTIOdV lay M3.raisla, seconded by Xarris, tiaat the PZ��aaang Corr�ission
recommoend �o Coeancal �i�t �1a� Citx� Att�rraey be s�astPUCted t� revg� Sec°�ion
45.14 Torn�nhouse Development and �-laat trie proposed amemmclment for T�em 2 under
Sectian 45.141 include a provision for review of the final plans by the
Building Standards-Design Control Subcormnittee prior to submission to the
Planning Cotnm.�ssion, and to have four subdivisions as Itesn 1 has. Upon a
voice vote, all voting aye, the mot3on carried unanimously.
Vice Chairman Fit�patrick said he auspected, because the 4th aubdiviaion
had been omitted, and that there seenns to be an error in Item 2 C, someti�ing
has been deleted by accident. ,
4.
AMSHUK, 3AV �70-05: To vacate the Northerly 7
feet of Lot 1, Block 5, Rice Creek Plaza South.
Mr. Abramehuk was present.
EMEltl� BY J�RRY
feet of the Southerly
It was explained bq Darrel Clark that, at the rear of Lot 1, Block 5,
Rice Creek Plaza, there is an existing 15 foot utility easement, and adjacent
Plannin� Commission Meetint� - December 9, 1970 Pa�e 9
� is a tea foot easment off Holiday Shopping Center parcel making a total of
� 25 fee�. The prew.Lo� oc�er of I.ot � built �����ge fiv� or six years �go
on the rear pa�t of tta� lo� �d, �r�.gh�aa� ��.a�� 9 enc�o�eh�e� �ome 6 feet on
the ease��at. l�o ���skabxic �a�a�s t� �d� �o �h� g�r�g� fo�° ���ga�e purposes
an� had tae��d 1ae did ��t nAed � p�a�g . W�e�n � bu�l�lin� imm��e�c�o� d�ove by,
h� notice� itlxe const���a�t��n �� sto�ped i� a�ea� a ce�tif�cs�e of survey
was brought in, it sh��ed e�acr��c�amen� of the e��timm� g�r��e into 15 feet
of the easement. "I"he City contac�ed No�th�m States Power aad Northweatern
Bell Telephone to get their opinion of the petition fo�c vacation of the
Northerly 8 feet. Both responded in thia that�theq have no objection, and
the City has no objection because we have no utilities in the area. �
Mr. Abramahuk was very apologetic to the City for not following the
proper procedure. The total easement is 25 feet which would atill leave 17
feet after vacation. The lot next door has a 15 foot easement also.
Mr. Schmedeke floticed that the ferrce is right on the lot line and that
he felt the request.should be approved.
MOTION by Schmedeke, seconded by Minish, that the Planning Commi.ssion
recam�nend approval of the vacation request, SAV #70-05, by Jaroslaw Abram-
shuk, of the Northerly 7 feet of the Southerly 15 feet of Lot 1. BZock 5,
Rice Creek P1aza South. Upon a voice vote, all voting aye, the motion
carried unanimuously.
� Darrel Clark added that the Administration has allowed Mr. Abramshuk
to continue his construction without a permit because one half of the struc-
ture is up and because of winter, it would be a hardship not to finiah it.
5. CONSIDER DATE OF SECOND MEETING OF THE PLANNING CON@'IISSION IN DECII�ER:
December 23, 1970.
The Commission agreed not to meet on December 23, ].970, but if requesta
came in that were urgent and could not wait until January 6, 1971, the next
regular meeting, the members would be polled.
ADJOIIRNMErTT :
There being no further business, Vice Chairman Fitzpatrick adjourned
the meeting at 11:00 P.M.
Reapectfully submitted
Hazel 0'Brian
Recording Secretary
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