The URL can be used to link to this page

PL 09/22/1971 - 31106�� PLANNING COMMISSION MEETING SEPTEMBER 22, 1971 PAGE 1 The meeting was called to order at 8:00 P.M. by Acting Chairman Fitzpatrick. ROLL CALL• Members Present: Member Abaent: Others Present: Minish, Zeglen, Fitzpatrick, Schmedeke Erickson Darrel Clark, Engineering Assistant APPROVE PLANNING COP4MISSIOPI MINUTES: SEPTEMBER 1 1971 MOTION by Schmedeke, seconded by Zeglen, that the Planning Cormnission minutes of September 1, 1971 be approved. Upon a voice vote, a11 voting aye, the rr�otion carried unanimously. RECEIVE BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MINUTES: SEPT�ER 2, 1971 MOTION by Minish, seconded by Scha►edeke, that the Planning Corran.ission receive the Building Standards-Design Control Subcommittee minutes of September 2, 1971. Upon a voice vote, a1Z voting aye, the motion carried unanimously. RECEIVE BOARD OF APPEALS MINUTES: SEPTII�ER 21. 1971. MOTION by Minish, seconded bg Zeglen, that the Planning Commission receive the Board of Appeals minutes of September 21, 197Z. Upon a voice vote, a11 vvting aye, the motion carried ananimously. 1. COATTINUED PUBLIC HEARING: SPECIAL USE PERMIT. SP �71-12, HARLAND E. BERRY: To construct double bungalows on Lots 3 and 4, Block 4, Ostman's Third Addition per Citq Code 45.051, 3, D. The Public Hearing Notice was read by Acting Chairman Fitzpatricic. Mr. Roger L. Petersoa restated the reasons for the request. The plan is to build two double buagalows, one on Lot 3 and one on Lot 4. The buildings will look euactly like a home (pictures were shown to the audience). Because of the terrain, � basement will be put in and that eupense would add too much to construct single family homes. It has takea a lot of fill to bring the lots up to the 1eve1 of the street and there was expense connected with that. A high line comes through the middle of the front yards. East River Road doea not add to the attractiveneae of the lots. They have tried to sell the lots as aingle family homea, but were unable to do so. W. C. Hoffman, 6900 Hickory Drive: He referred to the lettera he had written objecting to the requeat for a double bungalow dated August 22, 1971, September 5, 1971 and July 5, 1969. He stated the same request had beea made before and was turned dowa. The neighbors were in favor of some building on these lots, but not double buagalows. The geighbors have been cleaning up the lots for three ot five qears and have asked to do burning on the lota as they are nothin� leas than a City dump. He felt the first notice was subterfuge, the second notice correctly stated Lwo bungalows. They were still not in favor of the request. He wondered if the Commission realized that their hpp►�I� w�l�� be devaluated by allowing two Planning Commission Meeting - September 22, 1971 Pa�e 2 double bungalows to be built there. Probably thia was a money making proposition '"'\ but he felt the neighborhood should be left as it is -- a single unit housing neighborhood. Mrs. Ted Lester, 6909 Hickory Drive: Ser feelings about the situation were similar to Col. Hoffman's.There were no personal ob�ections to Mr. Berry, nor to renters, but their place was not in a single family zoning. Mrs. Carl Tormoen, 6912 Hickory Drive: Recently a realtor told them this would lower the value of their property. Mr. John Lindquist, 6901 East River Road: He concurred in what has been said. Mr. Carl Tormoen, 6912 Hickory Drive: He felt the lots ahould remain eingle family dwelling area for the school as well as the whole neighborhood. Douglas Ostien, 6918 flickorq Drive: .He concurred with what had been said. Mr. Peterson said that they have removed everything from boulders to trees on the two lota. People still drive by and think it is a dump. They felt that by building a presentable bungalow, theq were not out to devaluate the property in the neighborhood, but trqing to improve it. Se felt an attractive duplex that looks like a home is much nicer than boulders, trees, etc. Mrs. Lester asked him why they did not build a single family home. He answered that East River Road is not desirable for homes as they never had a call � for the sale of the lots. If they could have sold them, they certainly would. Down the street two blocks there are two double bungalows, side by side, and you would have to agree with him it has improved the area 100�. Neither one is dowagrading the area. Aa far as rent is concerned, he said they would be talking about $190 a month. Mr. Tormoen said the problem is that renters do not take care of the property, �d this can't be coatrolled even by the ownex. Mr. Peterson said they would not want people comiag in and destroying the property. Mr. Hoffman agreed that Mr. Berry could not control that type of thing. Darrel Clark said that a double bungalow is permitted with a Special Use Permit under the R-1 District. Mre floffman said that this man has been turned down two or three timea. Why should the time of the City Council aad City be taken over and over again, and not have thia settled two, three or four years ago. It seemed "vigi.l�ce is the price of liberty". Chairman Fitzpatrick answered that any property owner has the right to mak� a request such as this periodically. If there are objections, they have to b� heard periodically. . Mr. Peterson was asked why it �as not feasible financially to put up the same structure for single family.• He answered that qou could never se11 a single family home for the same price of a double bungalow. They have tried to sell n lots in the past and they will not sell. Mrs. Leater asked if Fridleq has any ruling on ownera taking care of empty lots, and Darrel Clark said the City has a Weed Ordinance whereby a person ownin� Plannin.g Commission Meeting - September 22, 1971 Pa�e 3 lots cuts the weeds, but if he does not, the City cuts the weeds and the bill g0e� �"� on the taxes . � � MOTION by Schmedeke, seconded by Minish, that the Planning Commission clo�� the Public Hearing of the 5peciaZ Use Permit, SP #7Z-Z2, Harland E. Berry, to construct double bungalows on Lots 3 and 4, B1ock 4, Ostman's Third Addition as per City Code 45.051, 3, D. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Schmedeke, seconded by Minish, that the PZanning Co�ission.deny fhe request for a Special Use Permit, 5P #71-12, by Harland E. Berry to cqn�tz'uCt double bungalows on Lots 3 and 4, B1ock 4, Ostman's Third Addition as per C�ty Code 45.051, 3, D, for the following reasons: This is an ideal R-1 District; it wouZd create double traffic problems for these lots entering and exiting onto East River Road; �st people in the area expected this parceZ to be developed as it is now zoned. Upon a voice vote, a11 voting aye, the motion carried unani�usly. Mr. Minish stated he wished to clarify the alluaion to subterfuge regardiag the Public Hearing Notice. The Notice published on August 18th and August 25�h for the Hearing on September l, 1971 contained the following typographiGa�, error: "---to construct double bun�alow on Lots 3 aad 4---". The actiot� Of the Planning Co�isaion was ta make the people aware of the error and a corre��d Notice, published September 8th and September 15th reading "---to construct double bungalows on Lots 3 aad 4---" was inserted in the paper. A Notice of esplanation and a copy of the Public Hearing Notice was mailed to the people. A4r. Minish concurred with the problem of traffic on East River Road. The high line would be of no more a problem to these lots as the other lots �t#, th� neighborhood which it crossed. This particular area has a schoo] and Girl BCOUt Camp across the street which they thought was necessary for single family $�Ys1pp- ment. Once before whan he was on the Board of Appeals, this request came u� before the Board and at that time, the recommendation was for denial for th� same reasons. He didn't feel the situation had changed. 2. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PEBMIT, SP ,�71-13, DICR'S NORTS STAR: Lote 3, 4 aad 5, Blocic 7, Berlin Addition. To sell recreatioaal trailers per Citq Code 45.101, 3, N. ldo one was present to discuse the request. Chairman Fitzpatrick read the Public Hearing Notice. MOTION by Min3sh, seconded by Zeglen, that the Planning Co�sssion receive the opinion from the City Attorney in a 2etter dated September 9, 1971 stating "it is pesfectly legal and reasonable to require a Special Use Permit for the expansion of a nonconforming use" and the oorrespondence from Peter Herlafsky requesting the information dated September 2, 1971. Upon a voice vo�e, �1� voting age, the motion carried unanimously. Mr. Clark explained that this service station is in M-2 District and hae �'�. been there for many, many yeara under a legal nonconforming use. Because it was zoned M-2, and there was nothing in the Zoning Ordinance for a trailer use, it was felt there should be a 9pecial Use Permit for the service station and eutend his service for rental of trailers. This would be an expanaion of ,the Planning Commission Meeting - September 22, 1971 Pa,�� _.� business, but in addition, the Co�ission can affirm or deny the sale of trailer& � on the same premises. Mr. Schmedeke said that this seems to be the type of thing the Planning Com- mission has been trying to prevent. He would be the last to deny the petitioner the'operation of the station. To approve selling travel trailers would open the door to used cars, motorcycles, two wheel trailers. He was afraid that what they would be doing would be allowing each station to come in and start wi,tY� this procedure and eventually selling used cars and trailers out of the statlon� Mr. Clark said the petitioner had been selling the trailers, and when i� came to our attention, he was notified he would have to apply for a Special U�� Permit. Leonard Samuelson, former Councilman, said that he agreed with Mr. Sctunedeke and was on that side of the fence. GeneraYly speaking, the service stations in Fridley have insufficient land areas to dispense trailers. He thought that auxiliary sales such as this does somewhat ruin the aesthetics of a service station. It does not give a clean look he would desire for Fridley. Referring to "covers" (camper units for pickup trucks) Mr. Minish asked if the request is denied, did that mean the station cannot sell covers as well? Mr. Clark said the Commission could limit what they felt could be sold in the open. MOTION by Schmedeke, seconded by Zeglen, that the Planning Commission close � the Pvblic Hearing of the request for a Specia.I Use Permit, SP �171-13, Dick's North Star to sell recreational trailers on Lots 3, 4 and 5, B1ock 7, Ber1i�9 Addition as per City Code 45.1OZ, 3, N, and to recommend the continuing use ot' the Service Station, but to deny the addition of retail sales on the following grounds: Service Stations are not permitted to se1Z trave2 trailers under the Fridley Ordinance No. 483. Used travel trailers and used autos�are sold under the same state license. Approving this permit could be the procedure to encourage the sale of used travel trailers and used cars on service station sites. Upon a voice vote, aIl voting aye, the motion carried unanimously. 3. PUBLIC HEARING° REQUEST FOR REZONING, WAY DAR.LAND CORP. BY WAYNE PETER$ON, PRESIDENT: Lots 23 through 30, Block 13, Hamilton's Addition to MechaniCeA ville to be rezoned from R-3 to C-2 for a"Little Dea:�orn" warehouse anc� s�les office. MOTION by Schmedeke, seaonded by Minish, that the Planning Commission waive the reading of the Public Hearing Notice for the rezoning request, ZOA ��,��Q7, by War� Dar Land Corp., Wayne Peterson, for Lots 23 to 30, B1ock 13, Ham�L�tpil►# Addition to Mechanicsville to be zezoned from R-3 to C-2. Upon a voice yo�er all voting aye, the motion carried unanimously. � Mr. Wayne Peterson and Mr. Leonard Samuelson were present. Mr. Samuelson explained that the property lies immediately North of the �` Metro 500 Service Station and Easterly of the service drive of University Avenue. The lots have been cut up due to the acquisition of the Highway Department in the interchange of I. �694 and T.H. �47. This property is in the Southeast quadrant of the interchange. At the South corner of 54th Avenue, the Highway Department has constructed a cul de sac. The pet��ers are requesting a 0 Planning Commission Meetin� - September 22, 1971 Pa�e 5 . �� a rezoning change so that Mr. Peterson can construct a 7,600 square foot building which will also incorporate a basement. It will be a warehouse for automobile � parts for Model T and A cars and referred to as "Little Dearborn". There are no repair facilities, no maintaining cars. Parts needed are manufactured by the • Ford Motor Company. The warehouse here will then service individual people who do their own remodelling and their buiiding. Their business is strictly over the counter sales. The�traffic is in and out, maybe thirty or forty cars a day. They felt that since there is a service station immediately to the South, and a dead end cul de sac on the North, the requested rezoning would lend itself to a reasonable good land use. The proposed structure would look quite contem- porary and would lend itself gengrally to an improvement of the area. Chairman Fitzpatrick noted that the Public Hearing Notice was sent to a large number of people and none were present, but one letter was received concurring with the request. The letter was from the filling station to the South (Metro 500). . � Mr. Clark.said that the Standard O�L1 Station got a Special Use Permit when that procedure was allowed, and the Metro 500 is older than the zoning ordinance. The owner may come in with a similar request as the Commission heard this evening in Item 2. MOTION by Minish, seconded by Zeglen, that the PZanning Commission close the Public Hearing for the Rezoning Request, ZOA #71-07, Way Dar Land Corp. to rezone from R-3 to C-2 Lots 23 to 30, Block 13, Hami.Iton's Addition to Mechanicsville. Upon a voice vote, a.Il voting aye, the motion carried unanimously. �� Mr. Peterson said that during the summer, they usually have from forty to fifty sale tags per day; in the winter about twenty to forty. They have four full time employees and two employees part time, and the number increases in the suaamer. They serve the upper midwest area - Chicago to Colorado - a five state area. They specialize in new parts for antique cars. They do not scrap or junk cars. There are approximately about ten to fifteen companies, the same type as this one, and they are referred to as "Little Dearborn". Each of them'manufacture a few items and interchange the molds buying from each other. No manufacturing is done on the premises. . Mr. Schmedeke asked if blue spruce could be used in the landscaping, and wondered if some could be used along the alley. Mr. Samuelson explained that the alley is used by the residents and they could not encroach on the alley right of way. They are putting a complete Model A on display. They do meet City requirements as far as parking requirements, land area and building setbacks. Mr. Schmedeke felt this would be an ideal area for evergreens. Ae also felt this land should have been commercial years ago. If the Company did not generate a lot of traffic, he thought the request was a good use of the land. Mr. Clark said he had received one call on the rezoning request, but the caller did not coffient whether or not he was in favor. Mr. Peterson said he received two calls asking for further information. /""�, Plauniag Commission Meetin� - September 22, 1971 Page 6 MOTION by Zeglen, seconded by Minish, that the Planning Co�r¢nission recommend � approvaZ of the Rezoning Request, ZOA #7I-07, by Wag Dar Land Corp., Wa ne � Peterson, to rezone from R-3 (generaZ muZtiple family dwellings) to C-2 (general business area), Lots 23 through 30, BZock Z3, HamiZton's Addition to MechaniCS- vi11e to construct a warehouse and sales office for a Little Dearborn, with t1�e stipulation that the second reading of the Ordinance be held up until the building permit was given. Upon a voice vote, all voting aye, the motion carried unani- mously. 4. VACATION REQUEST: SAV 4{'71-04, EDGAR A. HOUSER: Vacation of Gumwood S�r�et between 77th Waq and 78th Avenue and also vacation of the alley running on Weaterly property line from 77th Way to 78th Avenue in Lots 1 through 8, Block 5, Onawaq Addition. Darrel Clark said the application was brought in today together with the signatures of almost all the people concemed. Mr. Houser should also get a release from Northern States Power Co., Minneapolis Gas Company, Northwestern Bell Telephone Co. and the owner of Block 5 to dedicate the other part of the cul de sac for turn around on 78th Avenue. The North half of the land is vaaaat� The petitioner w�.11 either sell or build. The Southern half is occupied. Acceas is on 77th Way. The power line is on Gumwood and is overhead. Mr. �ious�r has built his own sewer -- one lot depth North of 77th Way. The ATorth half of the block will be served by 78th Avenue. The easementa for the Gas Company and North Suburban 3anitary Sewer District are along the railroad tracks. The huge 315 RV power Yines,are also along the tracks. � ' The alley will be dedicated back to the City for utility easements. .This will prohibit the alley being opened outside of the land owners. MOTION by Minish, seconded by Schmedeke, that the Planning Corranission reCO1n- mend that the CounciZ act favorably on the vacation request of SAV �f71-04, by Edgar Houser, for the vacation of Gumwood Street between 77th Way and 78th Avenu� and also the vacation of the a11ey running on Westerly property line from 7Tth Way to 78th Avenue in Lots 1 through 8, Block 5, Onaway Addition because it is appropriate with the current development of the area, subject to the dedication of the cul de sac on 78th Avenue at Western terminus and dedication of easements for any existing utilities. U,pon a voice vote, a11 voting aye, the motion carri�aT vnanimously. ADJOUIt1�TMENP : There being no further business, Chairman Fitzpatrick �d�ourned the meeting at 10:00 P.M. Respectfull� submitted � �� G��; -- Ha� 0'Briaa Recording Secretary �„"� �/ c�-`7z r7 � ��t � � � r �.� ln � h �� --- ---_ -_. �d- �. ._ o i�_� ,� i,�, r.��' �:j-; �!"? �� : : ,..f _ . __ _ t�� , ..� �� :.�.� , ��.'�t �` ��fF��.� . �I ` �,�` ��.�.s�«,w.,,�,,. _ _ .�!��-�--� � �, cdl�('�/_.i.� :�i:.i' y� `'!7-"'^' �7�... % . r w" F'�y,�i"� ��,�,,,y i�� _. _ . ,. lJ � � J I �� -n �'t I�S S f a�7 i" ! . � �. v-z- l 5' ? / � .. /--� �� r � � _ _ _ _ 1 � P_rn � _ _ �Cc��- � - - - .�, � . �- y . ; .P : � .- i �,_t ,,�, � � .!�: � � �-,�..e.. �>.��.�--° , l �^ �� .. / 6�� _ _ , , _F � �,� .i � � . . �' � � � , 11 _ - ; � �° � � � _ _ � � - _ - - --- -- ___ - �9 o� �� .� I�. �� .. ,� � P: J ,� :�- .>. ,,, ''�`,>. ,", __ �LG ,s�� ,, �, _ i Y • . ' — � � . � `� � � �� ° __ � � _ ; __ . . . __