PL 09/01/1971 - 30202�
PLANNING. C01�II�IISSION MFETING SEPTF;�ER 1, 1971 PAGE 1
The meeting waa called to ordex at 8:00 P.M. by Chairman Erickson.
R�LL CAI�L :
__..__.�
1Kembera Present: Mi,nish, Zeglen, Ericicson, Sch�deke
Membere Abaent: Fitzpatrick
Othera Present: Darrel Clark� Eagineering Aeaietant
A�'PROVE PLANNING COMMISSION MINUTES: AUGUST 18, 1971
�o aorrections were anad�. by Mr. Minishs Page �, second paragraph from the
bottow of the page should read as followa: "Mr. Minish wondered if it would be
permiesible to make a recommendation NOT to permit fi11 to be dumped in that
area---,". On Page 9, the last part of the senteace in the motion should reads
='----� what ia �propos of pre�ea�atioa for a COUNTY PARx".
MOTION by Zeglen, seconc�ed by Minish, tha� �he Planning Commission approve
the Planning Comm3s�ion min�ates of �ugust 18, 1971 with the corrections a� stated
above. Upon a voice vote, a11 votinq aye, the motion carried unanirrepusly.
� RECEIVE PARRS AND RECREATYON CO�SION MINUTES: JULY 26. 1971
�FlOTZON by ,�chmed�lce, seconded bg Minish, that the Planning Coamutssion receive
the Parks and Recrestion Commiss�on m.inutes of Ju1g 26, 197Z. Upon a voice vote,
a11 voting aye, the mot�Lon c�rried ananimausly.
RECEIVE PABRS AND BECREATION COIrII�1TSSI0N MINUTES: ADGUST 30, 1971
MOTION b�'9chmedelc�, geaonded by Minish, that the Planning Co�ission rece3ve
the Pa�ks and Recrea�t,ion �ommission minutes of August 30, 1971. Upon a voice
vote, a11 voting aye, the m�tion carried unani�ously.
1.
G�: Pazt p# Lot 3, Auditor'e Subdiviaion No. 25 to be rezoned frcm
R-3 geae�a� multiple family dwel�iags) to CR-1 (general office and li,mited
businesa). Public Hearing closed.
Mr. FraaCi� Girdler was preseat.
Chairm�a 8ricke� ca�oented tt�at the public hearing was closed at the last
meeting. S�•aeked about the acceseibilitq of the eewer to the property. Mr.
Clark answered that there 1e no eewer �,m th� service road, but goee up Po1k
Street 1n 9.ine with the South line o# the property. A map of Terrq's Addition
ahowin$ the utility wae studied. The Qewer suae about one third of the way
South af the North liae qf the �ot.
/"'�
Darrel Clark said tbe qvee�ion oi wh�ther os•not the 1ot s��.it should came
before or after the re�oaiag Na� diecussed briefly at the last meeting, aad the
�
Saaaintx Commiasioa Me�tin� - September 1, 1971 Pa�e 2
� Co�ie�ion decided to cone�d�r th� rezoning firet. The lot split has b�en
recorded at the �ouaty but was noC approved by the City Council. It aow is a
matter of the agecial asseesments being divided. The original request was for
a lot split on the apartmeat houaee. Th� tasee are split, but the specials are
aQt. Ttxe apartmeat owners appl�.ed for a lot aplit, but were denied by Council
who would rather have �h�m plat than briaag in a matea and bounds de�cription.
Whea Mr. 3chmedeke vlewed the area just before the Planniag Commission
mee�ing this evening, h� eaid that there were no �takea to ahow where the
rezoning was planned. There was a poad in the area which he felt would be a
problem fox someone to dr$ia. Mra Clark�explained that there was a storm sew�r
from ttae pond which drained into Moore Lake. The pond builds up to a certaia
levei and then drains into the atorm sewer. The problem in this area is plattiag
and owaerslhip .
Chaixman Erickson eafd �hat the reaso�a the plat was never filed was becsuse
of � problem with the titie and a gap in the description. It might have taken
a court order to c1e�r �he title. It took a year and more and the developer
aad other owners had either lost interest or ran short of money.
Mr. 3chmedeke sa:td he did aot believe apartment houaes axe to the best
interest of the City. While he did not believe in aoning this area to CR-1,
he felt after readin� the Zoning Ordinance that the City does have quite a bit
of coutrol in Cr-1 Diatricts. The Commission can be sure of p�oper screening
in CR-1 so that we caa be eure that R-3 zoning is not being infriaged uppn.
n • Because of conflict of interest, Chairman Erickson and Mr. Minish abstaiaed
i
from voting.
MOTZON by Schmedeke, sBCOnded by Zeglen, that the Planning Coacnission recom-
mend to Council approval of the rezoning request, 20A #71-05, Rea1 Estate 10,
Inc. of part of .Lot 5, Aud�Itor's Subdivision No. 25 being rezoned from R-3
(general multiple family dwellings) �o CR-1 (general office and limited ,business)
subject to the follmva..�g stipulations: That the Citg and County be given propex
1�ga1 descriptions or a plat that can be approved for the parcel, that the City
sewer aad water probZems are solveaT satisfactorily, and for screening to pZant
a tgpe of evergreen or blue spruce. Upon a voice vote, Schmedeke and Zeglen
voting aye, Er3ckson and M�nish abstaining, the nrotion carried.
Mr. Schmedeke said he aeked speci�ically for trees as acreening so a plan
would not be for a wooden board fence. More aad more cars are being sold and
we need more trees to give us the oxyge� the cars uae up. He felt it was t3me
£ar th3s Plannimg Commi$sion to conaider putting up some live breathing fences.
2. PIIBLIC AEARING: SPECTAL USE PERI�IIT SP �71-11 DAVID 0. HARRIS: Construct
a eecond garag� on Lot 12, Block 1, Holiday flille Addition per City Code
S�ct�on 450051, 2, A.
The reading of the public hearing notice vas waived.
r,.� Mr. Aave Harrie wae preaent.
The area �f th� Lo� wae given as follows by Mr. Clark: The North liae
Plannin� Co�ieaion Meetin� eptem�ier 1, 1971 pa�e 3
om the cul de eac is 59.8', the Northwest liae is 103' to the center of the
� �reek, on the East liae� it is 239' to the center of the Creek, the meander line
alo�g the creek i� 228'. The dimensioas of the house are 35' back from the
etreet, 15' off East line� 32' North/South and 61' East/West, and 61' across
the front. The garage faces North on the West aide of the house. A family
room is �in back of the gaxage.
Mr. &arris stated th� reaeon he was requesting a special uae permit #or a
garage was�because he planned to pursue his hobby of restoring antique cars.
The garage would be ueed for thia purpose. flis lot is approximately equal to
four normal City lots - 35,000 square feet. It will be impossibie to see the
praposed etructure €rom the etreet as it is protected bq trees at the rear of
the pgoperty. fle had discuesed his plans with the neighbors and there seemed
�o be no objections.
Ther� wa� no one at t'h,� meeting objecting to the request.
Mr. a�rsiB contiaued that the $rade change fsom the street to the proposed
structure is about 12'. He said he hae a large inveetment in his home and would
�aot do anything �p jeo�ardi�e the va],ue of'the home. In the past he h�d never
had a problem about the oil a�d greaae, as he'would drain it into a pan or put
it in stora�e. 8e had no de�i�e to build a driveway, but there was room on his
property. Besidee a driveway would not be used that much as sometimes it takes
a year or two to work on a cara
The overall height of the building would bring the building up to about
n the s�treet leeel. There ie not much traffic at the end of the cul de sac.
Mr. Sch�,edeke said he v�sited the area and that Mr. Harris had a beauti�ul
home and he felt this garage would not be d�trimental to the area. $awever,
he had aome r�eeryat�.aas about the Creek. He woadered if there was any State
or Fedesal law relatiag to t�aw alose a etsucture caa be built to a publ�c water-
way. '�here i,s talk that hiking trails will be made alqng the Creek, and he
wondesed if Mr. flarria could build as close to.the Creek as he plans.
Mr. Harria said there 1$ now aa island i.n iront of his property �hich was
not there whea he purchaaed the land. There are seven trees at the bank, and
35 feet betweea theae tz�ee and the front three trees. He would be able to
save the seven trees if the gara�e were built a� planned, but if he had to
move the garage forward, he would have to take all thoae trees out. But he
certsinly would not buil,d thQre if he were in violation of any State 1aws.
He hae lived on this property siace 1966 aad last spring was the only time he
noticed there wae water in thei� ysrd. As soon as the ice jam was removed,
the water left.
1�'ION by Sci�medekp, seconded by ZegTen, that the Planning Coirm�ission close
tlie publia hearing of the requ�sfi for a Specisl Use Permit, SP #71-11, David O.
gprris to construct a second garage on Lot �2, B1ock 1, goliday Ai11s Add�t3on
as per C�ty Code, Section 45.051, 2, A. Upon a voice vote, all voting aye, the
mo t3 o�a carr�t ed unani�ousl y.
�
plaan�.n� Commission Meetia�S,egtember �., 1971 Page 4
MOZ70N by Zeg1e�, secor�ded by Minish, that tlie Planni�g Co�ission recommend
� to Council the approval of the requ�st fox a Special (lse Pez�nutt, SP #71-Z1, by
� Liav�td 0. Harris, to canstruct a second gsrsge on Lot 12, Block 1, Holiday Nills
Addf�.ion per Frir3ley Gitg Code, Section A5.051, �, A subject to the stipulation
that the City Attorney be requested to check with the Conservation Department,
or any other Depastmeant conaerned with the regulation of public wstezways or
wafiershed �o determin� how close a�tructure can�be to the shoieline of Rice
Creek. Upon a voic� vote, a11 voting aye, the motion carried ur�aniaeously.
��
�"'�
3,
strucC doub�.e bu
p�r City Code 45.0
3�D.
RRY: Ta coa-
Third Addition
Mr. Ro�er Lo Peteraon, the son-in-law of Mr. Berry, represented the petitiQner
� Mx. �erxy was out of town. He bxought out the fact that this same reques� wae
made �everal years ago for a double b�galow on Lot 3. The Planniag Co�issiou
and the Board of Appeals approved, but the Council denied the request. Both lota
axe �.aw� and wil.l require a large amouat of fill to bring them up to the 1eve1
of th� ro�d.
These lots are not �h� moat attr.�ctive ones due to the cost of fill and
�verhead �l�erea �s a hagh line that ruae above the front pard� and being on East
�iver Road doe� not help a lot. Th� �ctual expense of buildiag a single Fami].y
ho� would not make it a pxactica�. investmeat. They tried to maintain the lote
and had �o� fill broug�,t in� but people are atill dumping garbage and trash
there.
Mr. �etezson said th�y would tary to get some kind of turn around so that the
caxs could drive onto East River Road faciag the traffic and not backiag out.
It w�a noted ehat ther� was an error in the public hearin� notice --
the aotice atated "a double buagalow --- on Lots 3 and 4", but the application
stated "double buugaJ.ows" on Lots 3 and 4. The Co�ission felt a Corrected
Notiee should be published, and a aote of explaaation sent with the not�.ce pf
heariag to the residents withia 30Q feet.
MOTION by Mimish, seconded by Zeglen, that tFie Planning Co�nission table
to September �22, 1971 the Public Aear�ng of the Special Use Perma.t, SP #71-12,
by 1�ar,Land E• �erry to corastruat two dAUble bungalows, one on Lot .� and t;he
other on �.ofi 4, B1ocJc 4, Ostman's TIaisd Add3tion per City Code 45.05.I, 3, �,
pend�ng th� publication of e Gorz�ected Notice and the mailing of the Co�rrected
Notice to �1Se pro�eixty owri�xs w.ithin 300 feet. Upon a voice vote, all vot,fng
�ysr �he r�vtaoaa carsiod unani�usl�.
4. �POBT ODT GUID$ LINES I�OR SUBSTAPiDl� LOTS : To be contiaued as malt�sial
�.s aot readyo
Aarxel Clark �csported that the i,n�ormatioa i� almoet complete s,nd will be
resady for the September 22, 1971 �eeting.
ADJOURI�IT ;
Tbere being oo �urthe�c bueine�a. Chairman Erickeon adjourned the� m�etimg
8� 7 0 �Ig P.M•
Reep�etfully eubmitted
Hazel 0'Bsiaa
Recosding Secretary