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PL 11/03/1971 - 31108t� CITY OF FRIDLEY PLANNING CO1rIlriISSION MEETING NOVEMBER 3, 1971 PAGE 1 The meeting was called to order at 8:05 P.M. by Chairman Erickson. ROLL CALL: Members Present: Members Absent: Others Present: Minish, Zeglen, Erickson, Fitzpatrick, Schmedeke None Darrel Clark, Engineering Assistant APPROVE PLANNING COMMISSION MIDTUTES: OCTOBER 20, 1971 MOTION by Minish, seconded by Fitzpatrick, that the Planning Commission minutes of October 20, 197I be approved. Upon a voice vote, all voting aye, the motion carried tuianimously. RFf!PIVE BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MINUTES: OCTOBER 21, 1971 MOTION by Zeglen, seconded by Fitzpatrick, that the Planning Commission receive the minutes of the Building Standards-Design Control Subcommittee meeting of October 21, 1971. Upon a voice vote, a11 voting aye, the motion carried � unanimously. RECEIVE BOARD OF APPEALS MINUTES: OCTOBER 26, 1971 MOTION by Minish, seconded by Schmedeke, that the Planning Commission receive the minutes of the Board of Appeals meeting of October 26, 1971. Upon a voice vote, a11 voting aye, the motion carried unanimously. RECEIVE PARKS AND RECREATION COMMISSION MINUTES: OCTOBER 18, 1971 MOTIOR� by Fitzpatrick, seconded by Minish, that the Planning Corruniss.ion receive the minutes of the Parks and Recreation Commission meeting of October 18, 197Z. Upon a voice vote, all voting aye, the motion carried unanimously. APPROVE SPECIAL PLANNING COMMISSION MINUTES: OCTOBER 27, 1971 MOTION by Schmedeke, seconded by Fitzpatrick, that the Plannirig Commission approve the minutes of the Plannifig Commission Special Meeting of October 27, 1971. U�n a voice vote, a11 voting aye, the motion carried unanimously. RECEIVE PLATS & SUBDIVISIONS-STREETS & UTILITIES SUBCOMMITTEE MINUTES: OCTOBER 27, 1971 MOTION by Schmedeke, seconded by Fitzpatrick, ttiat the Planning Commi.ssion receive the minutes of the Plats 6 Subdivisions-Sireets & Utilities Subcommittee ;^� meeting of October 27, 1971. Upon a voice vote, a11 voting aye, the motion carried unanimously. Planning Commission Meeting - November 3, 1971 Page 2 `� l. PUBLIC HEARING: REZONING REQUEST, ZOA 4�71-08, GENERAI. REALTY: Lots 16 through 22, Biock 13, Hamilton's Addition to Mechanicsville to be rezqn�d from R-3 (general multiple family dwelling) to C-2 (general business areas). MOTION by Schmedeke, seconded by Fitzpatrick, that the Planning Commission waive the readin� of the Public Hearing Notice for the rezoning request, ZOA #71-08, by General Realty. Upon a voice vote, a11 voting aye, the motion carried unanimousZy. Mr. Adolph Fine, the petitioner, said that the reason he was asking for a change in the zoning was that, at the present time, there is a filling station on the site which has been there for many years under a non-conforming use. They would like it to be in a conforming use and the same use as the property immediately adjoining it on the North. They did not make an application utitil the application for the property to the North was made and received favorably by the Planning Commission. Wayne Peterson was present and.th� owaer of the property to the North. Se felt all of the lots abutting University Avenue South of his property to 53rd Avenue should be zoned to commercial. Chairman Erickson commented on the fact that the application for rezoning included Lots 16, 17, 18 and 19 in addition to the original request for Lots 20, 21 and 22. A1thQugh there was a letter from the Standard 0i1 Company stating they were interested in rezoning their property, Chairman Erickson did no� i�e�l /� this was a formal application. � ._ . MOTION by Minish, seconded by Zeglen, that the Planning Commission c�ose the Public Hearing of the rezoning request, ZpA #71-08, by General Realty to rezone Lots 16 through 22, Block 13, Hamilton's Addition to Mechanicsville to be rezAned from R-3 to C-Z (general business areas). Upon a voice vote, all voting aye, the motion cerried unanimously. MOTION by Minish, seconded by Zeglen, that the Planning Commfssion r�cot{trnend to Council approval of the zezoning request, ZOA #71-08, by Ge.nexal Rea.�ty to rezone Lots 20, 21 and 22, Block 13, Ham,i.Zton's Addition to MechanicsviZle, �s it is desirable to eliminate the non-con.forming use to be consistent with tl'ie , .•.,,:�y 'qel to the North, and that an applicat�on for Lots 16 through 19, Black 13, ,.EYaaul�on's Addition to Mechanicsville be processed through the regulaz' channels. ,. Upon a voice vote, all voting aye, the motion carried unanimously. 2. PUBLIC HEARING• REZONING REQUEST, ZOA ��71-09, BY CASTLE MOBILE HOMES, ING•: The Westerly 600 feet of the Northerly 750 feet of the N� of the NW� of Section 12 to be rezoned from M-1 (light industrial areas) to G-2S (get��xal shopping areas). 3. PUBLIC HEARING: RE UEST FOR A SPECTAL USE PERMIT SP 4�71-14 CAS'TLE MO HOMES, INC.: As per Section S.�,Q1-3N of the Fridley City Code �or xhs location of Mobile Home sales on tl�e Westerly 600 feet of the 5outherly ,,•� 320 feet of the Northerly 750 feet of the NE%4 of the NW� of Section 12. Planning Commission Meeting - November 3, 1971 Page 3 ;� • MY: Bernard Rotter and Mr: Reynold Swanson were present. � . 'M�T.iQN; by. $.�hmedeke, seconded by Fitz�atr.�ck, that the Flanriing Coup17i.9S�or! w�iv� the �rea,ding or the Publzc Heazing fo� the rezoning .�eQues't, ZOA #%��09 �z�d the request for a Special Use Permit, SP #i1-I.4 by Castle Mobile Hon{es, .�r��'oz'�vr- ated. Upon a vo.�ce vote, a11 voting aye, the motion carried unanimously. Mr. Rotter explained that the Mobile Home Sales were located at 7151 I��.gl��° way �'65, the Don Harstad property. The $pecial Use Pexmit exp�r�s next y�s� and the lease wi11 run out. They are ent�ring into a coAtXac� w�th 1Kx. �,��j.��pxd fox a new location listed in the rezonin� xequest. At this t1m� they wer� r�p'� proposing a building plan, but asking for a rezoning. Part o� the re�sran fop this was they did not have an immediate plan, but would like Cp look fo� a possible purchaser for part of this pxoperty and then come i� With a build�n� permit and submit a layout. Chairman Ericksoa noted that the �ni�ial request was tp ��zvne tq G�-�S and then come in with a special use permi�. He asked for the r��t� Fras�r�F w�s included i� the rezoning request. Darrel Clark said it was included because Frostop comes un.de� com�ex��.al uae and is now operating in an industXial zone. The Administr�tiot� mad� t�� decision and Mr. Sherman was sent a noti6a. Chairman Erickson said the Commission should consider the Special iJa� � Permit firat as the petitioner wi11 not b� involved in the pxap4xty unl�s� th�y get the Special Use Permit. In answer to the question of how much land this request ittvolves, Mx. Rotter said just a little under an acre. iie said they would l�lte to mov� �rp� their present property this year if possi.ble. They would put twp mob�,le 1�pm�s together for an office. They are taxed by the City, but ara �1ot requ��ed GQ have a license. They are connected to eewer and water at �h�ai� preser�t o��.�e. The sewer runs down Viron Road i� ��qnt of the lots. Mr. Rotter said they have to move pff the present pxppe�ty aa�d othe� �e�ple ars looking at the property. It was 3mpo�ctant for them ta have � x�ecvAUne�d��ion at this time. M�. Schmedeke said he would lik� tq h.ave more tiute to study the p�opexty. Mr. Minish asked if this request was similar to the problem 1as� summ�x when �ob Schroer came in. Darrel Cla�k said that was fo� th� �ampexs �o be �o�d a,nd a public offic� with sanitary facili,ties was required. Mr. Minis}� the�, asked why this type of sales should be �.ess restrictive for tnobile homs�. Mr. Schmedeke said the reason for bringing this up was that he fe1� a bu�i, ness in Fridley should be required to h�ve a permanent structurs aud, �Lf at all possible, he would like avme time to Gheck into this. � Mr. Rotter said the land is too expensive to sit on. Th�y do not wan� tc construct something there that would have to be torn dowu if they moved. Planning Commission Meeting - November 3, 1971 Pa�e 4 . Mr. Schmedel�e said that this was a valuable parcel and he wonde�ed what kind '� ��•tax base the City would get with this type of business. Mr. Rotter said their problem was the same as many o�her bueinesses. They would like to stay in thi� community and the.availability of land in Frid��y is nil aow. They realize that eventually they were'going to move their opera��o� from where it is now. If it would be possible yet this year, khey would like �o grade, roll the property, put in Class V, sewer and water and hopefully move in �ixty-five days. Mr. Sherman Hanson, owner of Frostop, said he was concerned about the loap- back. Darrel C1ark said that if this xezoning request wers apgroved, and the land became commercial property, they would certainly have to th�nk about a loop- back. Mr. Sherman asked if the land was going to be leased or op1d. Mr. Rott�x 8nswered that they were purchasing the pxoperty. Chairman Erickson said the petition is for rezoning to C-2S which would change the setback requirements. If the rezoning would take place, that would b� the time to request the right of way. Mr. Sherman felt the road should be put in. Darrel Clark aaid the x�oad woul.d go all the way down to Fireside from Osborne Road. Mr. Sherm�n said that he had no objection to the request to rezone the property which would incl.ud� . .his parcel also. Mr. Sherman asked how far the road would go from his grope�ty. T"�, Mr. Clark said there would be an island between his South propexty line and _ the aew service drive. Darrel C1ark'said you could build cammercial in industrial areas unt�l in 1969 when the vrdinance was changed. He had heard from the Viron Company thxough the law firm.of Dorsey Marquart Windhorst West & Halladay, attorneys. One s�� the attorneys called and said that if th�y were going to object, they would ��pear �t th�,s hearing. Mr. Minish a`sked how this area was shown on the �.ong range mag. Mr. Glark said he was not sure how it appears on the Comprehansive Plan, but on the 17th of t�his month the Planning Cemmission will have a new study. MOTION by Minish, seconded by Schmedeke, that the planning Commission cTose the Public Neatings on the Rezoning Reqt��st, ZOA #71-09 and t.11p xequest fq.� � +p�Cial Use Pexmit, SP #71-14, by Cast1� Mobile Homes, Incorpp,tated. Ulvon a voi�e vote, a11 voting aye, the mo�ion earried unanimously. M�'. Schmedeke said he was 4.� favox pf tabling these requests until ttt� �ext regulax' meeting to give the Commission more time for study. Mx. Rotter said they would have platted, but it was the�.r �eeling th�;y would like ta have the land rezoned to commercial to permit them, wi.th thei� mobile home sales center, to offset some of the taxes. They felt it was urgent �o th�m �--., at this time for the Commission to eitiier recommend denial or approval. ,,.� Planning Commission Me�ting�- November 3, 1971 Pa�e 5 '� Chairman Erickson said the Cp�nnisaion is expecting a pre�iminary lon� ra�� A ' proposal of a comprehensive plan in two weeks and they wished to tabl� this �fie� ` until the next meeting. Mr. Rotter said he has lived in �rid�ey for the pa�t yea� and a half ��d has a business here. He is in a very b�d position where he ha� to make a dec�sion before next month. He could not see where that properCy would have any other use other than co�ercial. Mr. Minish said he was not prep$Xed to accept that statement a� far �� the proposed use of the �and. It has been lcnown since July, 1969 that Castje Mobile Homes were in a temporary location. MOTION by Minish, seconded by Fit�patrick, that the Pla�ing Commj.ss��n table the rezoning request, ZOA #71-09 and the request for a Specia� Use Permit, SP �71-14, by Castle Mobile Homes, Inc. un�il November 17, 1971 when the com��e�en- sive plan wi11 be presented to fhe Pla�ning Commission. Upon a voiCe Vote, a11 voting aye, the motion carried unanimous�y. 4. PUBLIC HF.piRING: PROPOSED PRELIMINARY FLAT, P.S. 4�71-03� 8X VIEWCO�T, INC.: For Phase I and II for the Townhouse Area generally loca,ked 4�nile Eas� of Matterhorn Drive and � mile Norkh of Interstate 4�694 b�i�g a replat Q� � Outlot F, Innsbruck North, Section 24. �..� 5. CONSIDERATION OF APPROVAL OF FINA�, TOWNHOUSE PLAN VIEW ON INC.: Fpr Phase I and II for the Townhouse AXea generally located mile Eas� of '` Matterhorn Drive and � mile North of Interstate ��694, desexibed as Outlot F, Innsbruck North, Section 24. Mr. Charles Van Eeckhout was prese�t. (4. Public Hearin�: Proposed Prelimi.nary Plat) Chairman Erickson asked Darrel C.L�Xk if the plans talked abaut this �vening were changed from the preliminary plat�s brought in before. The answer was �hat there were no major changes. MOTION by Fitzpatrick, seconded Y,y Zeglen, that the Planning Commissipn waive the reading of the Public Hearing 1VOtice for the proposed prelimi,�a�y �1at, P.S. #71-03, by Viewcon, Inc. for Phasa I and II for the Townhouse area .bei�� a replat of Outlot F, Innsbruck North. Uppn a voice vote, a11 voting a��, �he mqtion carried unani�usly. Darrel Clark explained that Phase I and II of the complex have been �h�n�ed a little. The plat is for Phase I and ��, the final appxoval for the Tpw�khquses iS only in Phas� I. Hidden Lake will act as a retention basin for the storm w�ter. It will have inlets and an outlet. Mr. Van Eeckhout eaid they had no firut p1.�ns develop�d, but they were working tow$xd the end af making the area aruut�d the l�ke a publ.i,c �`� park. The City has requerted and they have agreed to giv� th� City wa�kway } easements. They would ask the Citv tp u�e this as a park� ipB�A��n and �eve�.op S Planning Commissipn Meetin� - No�ember 3j 1971 Fage 6 � P � it ms a park. Theq �ould agree to walking paths, childrea's play equipmez��s bu� ' Would not let it out as a ball park. Zt is not really �.atended for �h� pu�b�.�,� oa a broad scale, �u�t the public in relation to neighboza. Mr. Fitzpatrick said the Parks & Recreation Commission di�cussed thi� prC�-° posed par�t. There w�re some objections using City moaey for � private pa��., but on the other hand, the City uses money fox immediate parks in other are�s pf the City. Mr. Fitzpatrick coatiAued that the City has not committ�d itself tp dtvalop �he land, but if they did, it would be a low type of developmex��. �.'h� usµ�l �ype of development would be play equipment, skating rink, but he did not �h�.t�k Ch�y would make this a focal poiat to attract people outside the bounds pf thit; general area.. The nature pf the area ie a neighborhood fac1�.3�ty at�.d att�C�c��oa• Once the land is dedicated to the C�ty, �t will be beyond the Gonti'al of the ,p,ssociation. He said he was not prepared to speak for the C1�y at this paint. Mr. Van Eeckhout said they feel they have a very good iAVBl��ory of 1cat,S � Probably 75� of the lots will be availabl.e for first marketing w�.th al� thc� utilities in. They have one home ready for occupancy, but cBA�C �et �he �,�ed s�ady for the property until the plat is recorded. Referring to the ter�ain, Mr. Van �eckhout said the draFl�.�g has a�.l ct�t� and.fills to elevation shown. Darrel C1ark said that most o1' the cuts amd �i11s are less than 3 or 4 feet� � They did ignore the trees on the p�.ans, but found they s��1 had many gvod trees left. In the future all the trees will be platted on t1�� taap sa that adjustmenta may be made ahead of time. The trees are predomia�ntly oak, and it is plaaned to plant more trees. There w�ll be a minimum intsxr�pfiion og tress. WheA the ground dries up a little more, it will be possible to drive thxough the area as all roads are cut. Mr. Schmedeke said that the part that confused him was that �h� City w�l� probably be maintaining the water and aewer. fle understood this property W�� owued by the corporation. Mr. Clark said it is all private property, but Lot 1, BIp��C 9� ��elud�� all the green area, commoA area and all the streets. It was his ut�d��stand�l�� the City will have the right to go in and maintain water, sewtar �d atortn epw�r that lies within Lot 1, Block 9. The City will not be mair}ta1t�1A$ the ��r�e�,�, but wiii maintain uuderground utilities. Mr. Van Eeckhout said that the sewer and water easementa wi�l be on pupl�.� laAd. The City will maint�in only trunk mains, but will aot in��mta�t� ��om thatt line into the building. The service going into the house the Gi�y wpuld tapt maiAtain. It is a little different from the normal procedure, but quize sipi�,�sx. Mr. Van Ee�khout sai� khey wQre giving exclusive easetq�n�s cotpl�l� ouG t}�s front and back of the building to give the people the exclusiv� �cigh� to s�k pµt in the back yard. Theoretically if th�y didn't have the ��sement, the �ssoG�atior� ^ �ould restrict the use of �he area. zf � neighbor should pull� ug an�d paxk �.�n fxont of a garage, ther� wquldn't be much you could do about �.t� but wi.t�a thi� �- easement, no one could park there. Planning Commis.sion Meeting - November 3, 1971 Pa�e 7 ��"`` Mr. Clark �xplained that one of the reasons why the City wquld like to mait�- tain sewer, water and storm sewer is that these people are residents of Fxldley and individual owners. If there is a aewer problem, the City feels it �hould be repaired as soon as possible. If there is a sewer bacicup, he did not Ch�nk aayone would want to wait for a private contractor to get the�e. It is als� to the City's interest to see that all hydrants are kept in sex'vice. Regarding the private roads, Mr. Van Eeckhout said that they �elt the G1�y atandards for this level of service are exce�sive. The reason the City d�d �la� object to private roads is that they would not have to maintain or plow th�m -- th.e Association will see to that. Some of the sewer and watex will be u�d�� City contract. Part is under Dunkley contract now and the b�l�nce will be negotiated soon and perhaps getting Dunkley to do it. MOTION by Minish, seconded by Schmedeke, that the Plannit�� Commi.ssio.n �.IG+se the Public Hearing for the proposed p�1at ,by Viewcon, Inc, being a replat o� Outlot F, Innsbruck North for Phase I ar�d II for the Townhou�� 'ea. Ugord � vaice vote, a11 voting aye, the motion carried unanimously. Darrel Clark added that Viewcon cou7�d not plat any moxe u,ntil. �he to��, stprm sewer system is designed and settled. There is enough �torage in t'he area to take care of the present plans. The final pond is to be located �n New Brighton, but until the final stox�a�e area is agreed upon by New Br�ghtop, the�future stages cannot be approved. � Mr. Van Eeckhout said that the storm sewer problem was t,he most expensive � one and did not want to rush into it. MOTION by Schmedeke, seconded by 2eglen, that the Plan�ng Commission recommend approval to the City Counc�„Z o� the proposed prel.imix�ary pl�t, Innsbruck North 2nd Addition, P.S. #71-p3, by Viewcon, Inc. b��ng a Teplat Qf Oratlot F, Innsbruck North, for Phase I and II of the Townhouse Development. Upon a voice vote, a11 voting aye, the mo�ion carried unanimously. (Item 5: Approval of Final Townhouse Plan) Mr. Van Eeckhout said they will be �ble to move into Phase II withaut ��,y problem because the platting of Innsbr��k North was approved O��ober 5, 197p. The final Townhouse plan does not have to go to Buildin� SGandarda�-A�s�.�t� Control Subcommittee. Chairman Erickson asked if the plari ?nd design presented this evenin$ w�� approved by the Building Standards-De$ig�► Control Subcommittee. Mr. Van �eekhaut said it was the same except changing th� peak of the roof and changin$ the fireplaces by moving them over, and a aumber of refinements wex'e made in th� interior and cabinets. The fireplaces w�,ll be optional. Each buildir}g u�it will have different kinds of units. A�.l driveways from the stlreet to �he $a��gs are hard surfaced. The asking price is $27,500 and cauld go up to $40,000 dep�nding o� capCl�a�s. /� All areas not left natur�l will be sodded. The intention iS to �.e�ve th� ��eas ..� ae natural as tY}ey can. They feel. it �s more attractive �h$t wa�►. �t wi�1 b� the determinatipn of the Home Associat�on to maintain areas' SAme gxa�s �b�d �Qme in natural cover. All disturbed areas will be sodded. � r� Planning Commission Meetin - November 3, 197� Page $ Mr. Schmedeke asked if they were trying to save most of the nice tree�. Mx. V� Eeckhout said they were because they have less to gain tl�an anyone e],ae �d more to lose by taking out trees. They cost money to take out -- $50.00. Th� loss of trees is bad economically. The only thing they have not done a�r��t de�l of is relocating a building to save trees, but are going to do more o� ChaG in the future. They feel there are some areas where there ar� too many tr��s aad they felt some thinning would help the remaining trees to develop better. If the plans are approved for Phase I and II, they will not come back. Mr. Van Eeckhout continued that under the terms of the Agreement, they a$reed to start the road to Silver Lake �pad simultaneously with the stax'ting Qf the townhouses and complete the road before occupancy of the townhouses. The street going out to Silver Lake Road is graded and the road can be used by trucks. A few construction vehicles epuld happen to come �n �rom the We�t, but the amount of traffic would not app�oach that of a single �amily. Couticil- mati Harris at a previous Council meetimg �elt no constructioA vehicle shvuld come in from the West, and they were trying to accomplish that. He did mot thiak any where near enough material wou�d come in from the Wet7t to cause any great inconvenience to the people livi,ng on Hillwind Road. Hillwind Road is used by commercial vehicles now. It woulci be better for the coastruction peo�le to use the East road as it is a shorter di.stance to the buildit�g site. Mr. Minish said that even though Viewcon's intentions are good, the tru�ls drivers do not always do the logical th��g. He wondered if the Commissio�i should try to enforce the direction of the traffic. MOTION by Minish, seconded by Zeg.�ex�� that the Planning Commission �reGQ�,qte�d to Cvuncil approval of the Final Townhpus� Plan by Viewcon, In�. for Phas� T�1d �I for the townhouse area generally loea'��d one quarter mile East of Ma�t�z°��a Drive and one quarter mile North of T�t��'state #694 described as Outlot �', Innsbrvck North with the condition tha'� t.�e construction traf�'ic coulci com� �'�am the West until November I5, 1971 afte� w.h�ch all traffic to the �pwnhousQ �.�te w�11 have to come in from the East. Uport a voice vote, a11 votinq aye, tl�� tion carried unanimously. 6. VACATION REQUEST: SAV 4�71-06, INDEPENDENT SCHOOL DISTRICT 1616; Requ�st to vacate 75� Avenue from Lakeside tp proposed Cleveland S��eet ar�d px�pa��d Cleveland 5treet from 7512 Avenue �Tp�th 240 feet. The Plats & Subdivisions-Streets b Utilities SubcommitteH reeommeude� app�oval of the request, but asked that notices be sent to the p�opex�y owTle�� 1A the block prior to the Planning Commission meeting. Darre�, C1ark said �h� notices were sent out. Two of the owners telephoned him and there wexe �wo vthex ownexs here this evening. Mr. Edward rlunson, business manager for the School District, said that the School District is attempting to purchase the entire parcel of proper�y fox an � elemeatary school building. They own a lot of the parcQj.s mow, the sc�oul has ` t�ken up the tax forfeit lots, and some of the property is in the midgt of be�ng condemned, but the p�ocedure has not reached the point where the County Couu��- a sionera are appointed. He thought they owned about 50% of the property. '�Y�ey did not own Lots 2, 3 and 4 in Andco Terrace, but are in the pracess of pi.Gki�g �hem up from the tax forfeit �co�.l. Planning Commission Meeting - November 3, 1971 � Pa�e 9 ��, Mr. Clark �aid. there were houses on Lots 1 and 2. Th� owuer of Lot 1 said t�at their bigg�st concern was that the school should fence the boundaries ao that the children are not permitted access to their rear yard. However, he was in favor of the vacation. � Mrs. Janet Cisewski, 1559 75th Aveaue (West 149.5' of �ot 10 and 11, B1o�k 2): She was against the vacation of the streets until the school purchased her t�o lots. The School had made an offer fox her lots which she d1d not feel was adequate. Mx. Clark said the cp�cern of Mr. Edward Stumpf, 1545 7Sth Avenue, was that if these streets were vac�ted, the value of his property would drop because the 1ot would be landlocked. He felt the City should not make a final decision on the vacation until the school is the actual fee owner. Chairman Erickson agreed that, until the land is actually acquired, �he City cannot vacate it. Mrs. Ciseweki and Mr. Robert Eig�nheer (531 Mississippi Street) both sa�d they were served with condemnation no��ees. Darrel Clark explaiaed the procedure of condemnation to them. • Chairman Erickson, speaking to Mx. �'iunson, said that he felt the Com,q�is�ion would have no objection �ranting the v�cation if the School ow�ed the p�ope��y. �t would be better for the Board to wa�.� until the entire propexty is secuxed ^ �nd then come in. At that time they wil]. be able to make th� x�equest �� the owner. MOTION by Minish, seconded by Zeg,y��, that the Planning Commission tabl� the vacation request, SAV #71-06, by Ineiependent School Distxiat #16 to vac$te 75� Av�nue from Lakeside to proposed C1�veland Street and p�o,posed Cleveland St.z�et from 75'� Avenue North 240 feet un�il the School Dist,�iet had acquix'Bd a11 the property. Upon a voice vote, a11 voting aye, the mot�ori cagrzed tan�nimously. ° 7. LOT SPLIT REQUEST: L.S. ��71-�.1, AI,,�ERT M. JOHNSON: L�pt 2, Block �., ��. Rose Addition, to split off the Npzth 19 feet of Lot 2 and add Co �.o�. 1. Mr. Al Johnson said he had made ��stake on the plat �,e g,pt � sho�ld h�v� been larger to permit the construction o� a two family dwe111nR, The �Q�aing was R-1, and in order to build a double bungalow in an R-1 zot�e. it wc��t�,d have to be done by a special use permit. Mr. Clark said approval was given for a special use permit with the �tipu- lation that there be one courmon access onto East River Road fxom I�ots 1 a�d 2. Mr. Johnson eaid with a common driveway, he would have to go around behind th� back of the house. With the additional 19 feet, the double bungalQw 6ould be placed so that he would meet the setback requixements. � MOTION by FitzpatricJ�, seconded by Schmedeke, that t.$e P.lanning Gomm.issfQri .tecommend to Council a�p�oval of the Z,ot Sp1it request, L.S'. #71-11„ for �1b��'t � Johnson to split off the North 19 feet pf Lot 2, B1ock 1, A1 Rose Addilion and add to Lpt 1 concurring w�th the Flats & Subdivisions-Streets � Utilities S�b� planning Commission Meetin� - November 3, 1971 Pag� 10 j""i co�mtttee that Mr. Johnson provides only one entrance for both Zots onto East River Road. Upon a voice vote, all votinq aye, the motion carried unanimously. 8. LOT SPLIT REgUEST: L.S. 4{'71-12, WALLACE E. ANDERSON: Lot 6, Block 1, Ad�ms Street Addition. To split off the South 26 2/3 feet and add to I.oG 7 fe��' a buildable site, and add the North 13 1/3 feet of Lot 6 to Lot 5. 9. LOT SPLIT REQUEST: L.S. 4�71-13, WALLACE E. ANDERSON: I,p� 4, �lock 1, �dams Street Addi�ion. To split off the North 26 2/3 feet of I�ot 4 and add ta Lot 3 and to split off the South J.3 1/3 feet of Lot 4 artd �dd to Lot S. Mr. Wallace Anderson was present. Mr. Schmedeke, Chairman of the Pl,at�s & Subdivisions-Stxeet� & U�ilixies Sub- committee explained that the Subcommittee recoffiended approva�. of the lot sp�-its as requested but he voted nay. He said he voted against the x�quests far fihe following reasons: Lots 1 and 2 are not owned by the petitiolaer. The petit�.�ner owns Lots 3, 4, 5, 6 and 7. His thinking was that Lots 3 and 4 could be uqed for an 80 foot building site and Lots S, 6 and 7 could be split into 60 fo�t lots. We had a similar situation when the Planning Commissioi� rgcent�y �p��'oVed the splitting of Lots 9, 10 and 11 into two 60 foot sites ovex on Washin$t�t� Street. Ano�her strong factor, he beli,eved, is Lots 11 and 1.2 behind Lota 3 and !� on Washington have.one'common owner who would.probably built on both lot$. Lots 8, 9 and 10 are also unde� one owne7cship. He felt his suggestion would � be the sensible way of splitting. He $�ated the zoning ordirtaAce requixes a 75 foot frontage as the minimum size oP the lot. Iie would su�gest the fo��,ow�n� compromise: The lot on the North would be 75 feet, 65 feet �oT the next lat and leave a 60 foot lot on the South. He felt if the Co�issi.on would cxe$t� top many substandard lots, especially in this instance when �� was not a hard- ship, there may be other requests comi.ng in with 66 foot lots. Mr. Anderson said that the property is on a minimal type pf street beca�u�� the East side of Jefferson Street has �ever been dedicated. It is a glor�.f1�� alley. His thoughts were that the lots were as larg� as possible with th� rear yard facing living rooms and havia� attached garages and such. Sinc� the last meeting he thought of a differc�nt 'kind of building for th� lots. He ge�.0 an attached garage would be no problew. Mr. Andersun continued that there axe many lots in the C�ty 65 feet asld less. He felt that by making three equal lots �nd three comparable bµilding ai�� that would be the thing to do. By making the lots of different ei�es, you de£�s�it�ly put � burden on the builder to put somet�hing more in one houe� and not the others. Three different types of structures would cost more. The averagR person would rather see three comparable buildings. There is a problem wi�h the debris on the property to the South. He felt that in the best inte�'est �f the adjacent property owners and the City, three equal lots would be preferab�e. Mr. Schmedeke asked Mr. Anderson how long he had owned the prope�ty and the answer was two months, tiowever he has.been acting as the real estate �gen� for ,�"`, the previous owner for two years. Li Planning Commission Meetint� - November 3, 1971 Page 11 �i, Mr. Fitzpatrick said that if he lived on Washington Street, he woulc� conaider this proposal down grading. He asked if Mr. Anderson would consider two lot� unreasonable. Mr. Anderson said he felt it would be unreasqnable when you con� sider the area. Chairman Erickson said to Mr. Schmedeke that he could see his point, but i� is permissible under our zoning ordinance to reduce the size qf lot� if C�ey w�re on record before 1955. Mr. Clark said that Jefferson Street haa been surfaced, water and sewer put in, and assessed on one side only. Mr. Anderson said he hoped to built about a$30,000 house. The asseasments are almost $7,000 wh�Ich is not quite double with what the average owner is faced with. The ordinance calls for a garage. He could not put anything on the lots and sell for less th�n $28,000 or $25,000. Mr. Anderson coatinued that he did not want the alley. Ii� said he had � plan for a building that takes up 48 feet of the lot and should sell for $28,900. Mr. Schmedeke asked if Mr. Anderson would be prepared to settle fo� a comr- promise, such as the North lot 75 feet, next lot 65 feet, and a 60 foot lpt pA the South end. r,.., Mr. Anderson replied that he would prefer to use the method of splittin� in th� request. The Chairman asked if there was any problem with the legal description�. Mr. Clark said that the middle site will be parts of two lots. The description will be a little bit lengthy, but still not a prob].em. Chairman Erickson said that he understood Mr. Schmedeke's position, but did not see any problem equalizing the lots being inconsistant with what ie goi.ng on in the general area. He did not see anything wrong wi.th thxee equ�l 1ots. He could see several reasons why iC is better. He alsp didn't see why lot lines have to line up with those lots in the back. parrel Clark said that in a grid pattern the lines do co�.x�cide. In corttc�ur plats, the lines are less likely to line up. Mr. Minish felt the additional 6 2/3 feet would give the petitionex a l�ttle bit more to work with. MOTION by Minish, seconded by Zeglen, that the Planning Commissior� tecp�end approval of the Lot Split applications, L.S. #71-12 and #7�-I3 for Wa11t�c� �. Anderson splittii�g tive g0 foot lots into equal size lots (66 2/3 fee�) fox building sites, name,Zy Lots 3 to 7, Block 1, Adau�s 5treet Add.ition, with tYje addition that the legal descriptions be corrected. Upon a vo.ice vote, Mirlisn, Zeglen, Erickson vot.�ng aye, Fitzpatrick and Schmedeke voting 7�ay, the �rtotiot� �� carried. � Planning Commis.sion Nteeting - November 3, 1971 page 12 !� 1Q. CQNFIRM PUBLIC HEARING DATE: REZONING REQUEST, �t71-10, MRS. LLOYD �. MURP�iY: To rezone Westerly flalf of Lot 1$, Block 1, Spring Valley Addition fxom C-1 (local business areas) to C-2 (general business areas) for a small Go7.f Putting Course. MOTION by Fitzpatrick, seconded by Zeglen, that the Plannzng Commissior� confirm the public hearing date of November 17, 1971 for the re�oning xequest, #71-10, for Mrs. L1oyd E. Murphy to Iocate a sma11 Go1f Putting Course on the Westerly Half of Lot 18, Block 1, Spring Va11ey Addition, and rezone from C--Z (1oca1 business areas) to C-2 (general business areas). Upon a voice vote, a11 votinq aye, the motion carried unanimously. 11. VACATIUN REOUEST: SAV 4171-07, MItS. VIRGINIA T. JACOBSEN; Vacate East/Weat alley in Block 3, Spring Brook Park Addition. Mr. Minish said that Mrs. Jacobsen appeared before the Board of Appea�,s Co reduce the rear yard requirement for a�arage. The certificate of survey shOwsd a 12 foot alley behind her property was vacated, but according to the Anoka County records, it had never been vacated. At first the neighbors were agaiA�t the vacation of the alley because of a misunderstanding, but when properly under� stood, they were in favor. Mr. Clark said closer to the center �", garage and preserve Lot 11. the vacatic,n would allow the petitioner to build that mue�} of the dedicated al�.ey. Mrs. Jacobsen wat�ts to build a the green area. The access to the parking lot was over Mr. Minish said that a majority wexe present at the Board of Appeals hea��ng and they approved the variance. Chairman Erickson asked if the Camtaission could vacate an alley wiChUUt everyone signing the petition. Mr. Claxk answered that Council makes the c�e��sion at the hearing. If one person objects, and has a good reason, �hey won't vacate. Mr. Miniah said that there was no urgency with Chis reque�t• It appeaxe�l the opportunity was there to get this alley vacated. The Chairman and the members of the Commission felt the �.tem should be tabled fox� further checking. 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