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PL 01/26/1972 - 7405/. �.. �. � . .. � . . . . . . . . . _ . . . . . . j, . . . . .. . . � . . . . - � . . � � � � . � � � . . � � . . . . . . A G E N D A PLANNING COP�IISSION MEETING JANUARY 26, 1972 8:00 P.M. ROLL CALL: PAGES __._._.__.._ i� . . . . . " . . � . CALI, TO ORDER: � APPROVE PLANNING COMMISSION MINUTES: JAAIUARY 12, 1972 1-9 RECEIVE PARKS & RECREATION COMMISSION MINUTESt___DECEI�ER 20, 1971 10-14 RECEIVE BUILDING STANDARDS-DESIGN CONTRdL SUBCOMMITTEE MINUTES: - . JaNUaR.Y is, i9�2 is-i� , �, � CONTINUED PUBLIC HEARING : REZONING REQUEST , Z�A �'71-10 , MRS . 1$- 20 1. LLOYD MURPHY: The Westerly Half of Lot 18, Block 1, Spring 4-5 Valley Addition to be rezoned from C-1S to C-2 (general business areas) for a miniature golf putting course. Public Hearing closed. _ _. . : ,..� . - 2. STUDY: PROPOSEb CQMPREHENSIVE MUNICIPAL DEVELOPMENT PLAN -0- _ Please bring your copy to tfie meeting. ��,� ` �'� , � _ 4� �..� «L�e�'� - � , � y ���� � �� ,�.-- " � � � � PLANNING COMr1ISSI0DT MEETING JANUARY 12, T372 PAGE 1 The meeting was called to order at 8:00 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_COIrIlrIISSIQN MINUTES: DECEMBEB 8, 1971 Chairman Erickson asked that the last paragraph on Page 9 be changed to read: "The present sewer aervice runs through the middle of the lot. If a basement were dug, it would probably be over the sewer". MpTION by Schmedeke, seconded by Zeglen, that the Plann3ng Commission minutes of December 8, 1971 be approved as corrected. Upon a voice vote, a11 voting aye, the motion carried unanimously. RECEIVE BUILDING STANDARDS-DESIGN�CONTROL SUBCO1rIlrIITTEE MINUTES: DECEMBER 21. 1971 1N�TION by Zeglen, seconded by Minish, that the Planning Commission receive the /� minutRs of the Building Standards-Design Control Subcommittee meeting of Dec.ember 21, 1971. Upon a voice vote, a11 voting aye, the motion carried unanimously. RECEIVE BUILDING STANDARDS-DESIGN CONTROL SUBCOI�tITTEE MINUTES: DECEI�EA 9. 1971 1►bTIpN by Zeglen, seconded by Minish, that the Planning Commission receive the tninutes of the Building Standards-Design ControZ 5ubcorr�nittee meeting of December 9, 1971. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE BOARD OF APPEALS MINUTES: DECEMBER 14. 1971 _ 1�TION by Minish, seconded by Schmedeke, that the PZanning Commiss�on receive t;he m.inutes of the Board of Appeals meeting of December 14, Z971. Cpon a voice vote, aZ1 voting aye, the motion carried unanimously. RECEIVE PARKS � RECREATION COIrIlrIISSION MINUTBS: NOVEMBER 22. 1971 __..__ M�OTION by Fitzpatriak, seconded by 5chmedeke, that the Planning Commission �receive the minates of the Parks & Recreatfon Conanission meeting of November 22, .I971. Upon a voice vote, a11 voting aye, the motion carried unanimously. R$CEIVE PLATS b SUBDIVISIONS-STREETS b UTILITIES SiJB001rIlKITTEE MINUTES: DEpEMBER 8, 1971 MOTION by Schmedeke, s�conded by Minish, that the Planning Commission receive the m.inutes of the P1ats 6 Subdivisions-Streets & Utilities Subcommittee meeting of � December 8, .t97.i. Upon a voice vote, a11 v�ting aye, the motion carried unanimously. Planning Commission Meeting - Janua,r�v 12�, 1972 PaSe 2 1. CONTINUED PUBLIC HF�ARING• PROPOSED PRELIMINARY PLAT, P.S. �71-05, EDGEWATER � GARDENS, PLAT 2. BY SAM TEI�LIN: Being a replat of Lots 1 through 9, Block 10, Fridley Park Addition. 2. CONTINUED VACATION REQUEST: 5AM 'r� in Block 10, Fridley Park Addition. Mr. Templin was present. 71-08: To vacate zxisting alley The Chairman �sid he recalled that the petition was continued to discuss a possible land trade. Referring to the land trade, Darrel Clark said the lots to the South of Mr. Templin's plat (Lot 1, 89'x142', and Lot 2, 88'x142', Block 7, Edgewater Gardens) were tax forfeit. These lota are being held by the County who plauned to u$e them as a fill for excess dirt. The City would have to wait for Mr. 0'Bannon to get a release of the lots from the County. Mx. Templin said that the City had asked him to make a distinctly clear state- tnent of what he would consider as a fair trade. He felt he could not trade one lot for one forfeit lot because of the price he paid for the property. He had called the Village of New Brighton regarding building on lots which were platted before the present regulations and he was told they consider any plat platted a long time ago with small lots, that they allow construction on parcels that contain 75X of the present minimum requirements or 60 foot fr�ntage. He would like to know the policy of the Citq of Fridley in this instance. Fridley Park Addition � was platted in 1.886 with nine lots. If he could build on smaller lots such as using three lota to make two lots, he could try to see how it would come out. These lots would have a lot and block description and not by metes and bounds. - /'1 Chairmaa Erickson suggested platting into six, rather than five, lots and sWapping the North lot on an even basis could be considered. If Mr. Templin did that, the Planning Commission would have to send the petition�back to the Plats � Subdivisions-Streets & Utilities Subcommi.ttee and the Parks and Recreation Commission to make a determination whether that North lot cut dawn 10 feet would be adequate for park purposes. Mr. Clark said that if the two tax forfeit lots were purchased, it would coat the City somewhere near $5,000 before giving them to Mr. Templin. The assessments oa each lot are approximately $2,000 in specials plus a posaible charge of $500.00 per lot by the County for relinquishing them. � Chairman Erickeon said that the City would be losing about 10 feet on the aecond proposal. Aobert Swetz� 10 Rice Creek Way: The firet question was approximately how much footage would the lots be from the corner. The aaswer was abQut the depth oi two lots. Mr. Swetz said there was no playground for the chlldren in the area, They have to go 20 blocka to get to a playgrouAd. As a citizen, he felt the City should acquire as much laad as Dosaible before it is built upon. Once the houaes are built, it 1s too late. He felt the 1ot abutting Locke Lake ahould be purchased and tbat paxt of the lake can be filled up to the creek bed and make a larger park axea. He �aid there were two to four childrea in every house in the area, and 4oame type of park should be developed far the children. Planning Commi,s.sion Meeting - January 12, 1972 Pa�e 3 --�-..-.�.� Mr. Schmedeke said that Mr. Templin has been very cooperative trying to come � up with a solution of some type. It would seem the Parks and Recreation would have to be the committee this problem should be sent to in order for them to see if this is something they are interested in and give to the Plats & Subdivisions- Streets & Utilities Subcommittee to study what kind of property would fit it. Mr. Fitzpatrick said the land can be purchased as recourmended by the Parks & Recreation and O.K,'d by Council, and sometimes the Council just simply handles �his kiad of tzansaction which does happen on occasion. Mr. Templin said that this request could be passed around for another year and he still wouldn't know which way to go. He felt the City should tell him what way he should work. He did not like to sit with the property. He did not know whether or�not the City had the money to purchase the lots or were interested in doing so, but he would like to start building right away. Analyzing the financial end, Mr. Clark said it boils down to the fact that Council would have to approve the transaction. For 10 feet, $5,000 is a pretty expensive piece of ground. If the City does buy, we will then have to go along with the 60 foot lots. Chairman Erickson said that, generally speaking, the City has only allowed 6p foot lots in areas that have other 60 foot lots. He preferred the original pxoposal over the second one because the lots in this area all exceed 60 feet. Mr. Minish said that the Plats & Subdivisions-Stxeets & Utilities Subcommittee � recomn►ended approval of the five lots and felt that 60 foot lots would not be approved. The suggestion made by Darrel Clark of approving the request and red tagging.Lot 1 would be workable and still allow the Parka & Recreation Commission an opportunity to reconsider this. give the City time to consider, and a11ow Mr. Templin to proceed. Mr. Swetz felt the City should try to acquire as much land as possible for paxk, and at the same time not hold up Mr. Teuiplin. Mr. Fitzpatrick assured Mr. Swetz that the Parks & Recreation is interested in having a park in this area and would cooperate. �TION by Minish, seconded by Ftizpatrick, that the Planning Commission close t.�e Public Hearing of the proposed Preliminary Plat, P.S. #71-05, Edgewater Gardens Plat 2 by Sam Templin being a replat of Lots 1 through 9, Block 10, Fridley Park Addition. Upon s voice vote, a11 voting aye, the motion carried unanimausly. Mr. Schmedeke said tbat be felt Darrel`s suggestion probably wae the best. He cauld not rzpeak. for I�.ia Subcommittee, just for bimself, and he felt 60 foot lots would aot be approved. 1�1K')'1'ION b y Schmedeke, seconded b y Fi t spe t�ick, t.laa t the Plsnning Commi ssi on reco�r+end to Council approval of the propo:ad Preliminary P1at, P.S. �71-Q,�, Edgewater Gardens Plat 2 by Sam Templ�n, being a replat of Lots 1 through 9, ,BZQ�k 10, Fridley Park Addition witli the suggestian to red tag i.ot 1�or park purpa�es to be .in effect fox 30 dags after th,e fir�al plat:�s approved and aonsi8exat�on be ^ g�ven to trading Lots 1�nd 2, Block 7, Bdgew�ater Gardens for Lot 1, 81ock 1, Edye- watex Gardens Plat 2. Upon a voice vate, a11 voting aye, the motion caxried unanimously. Planning Commisaion Meeting - Januar� 12, 1972 Page 4 ^ MOTION by Fitzpatrick, second�d by Zeglen, that th� PlanninQ Commissian recc�rrunend the vacatian, SAV #71-08, by Sam Templin to vc�eate that part of th� existing alley in B1ock 10, Fridley Park Additio� lying South of the Easterly extension of the North line of Lot 1, B1ock 10 of said Fridley Park Addition and that the slley adjacent to Locke Park be reta�ned for paark use. Upon a voiee vnte, all voting aye, the motion carried ur�ar�mously. 3. CONTINUED PUBLIC HEARIb1G: REZONZNG RE tlEST ZQA �71-10 �D MURPHYt Th�e Westerly Half of Lot 1, Block 1, 5pxing Valley pddition ta"6e rezoned from G-1S to C-2 (general businesa areasj for a sma11 golf putting course. Mr. and Mre. Lloyd Muxphy were preseat. The layout of the golf putting cour$e, showing parking along Central Avenue and the golf course to the East, was showa to the Coa�mission. The lot is 125 feet North/South aad 150 feet deep. Chairman Erickson stepped dowa from the chair because of coaflict of interest and Vice Chairman Fitzpatrick took the chair. Some of the past hiatory was reviewed by Darrel Clark. He eaid that in 1969 Mr. Walquiat asked for a lot split on Lo.t 18 to follow the same lines requested in the preaent rezoning request and wa� propoeing to put in a Tastee Freeze. Council approved the lot aplit contingent upon the dedication of the Easterly 34 feet of the lot for a po�sible street. This iot is 300 feet dee� and 1a adjacent ^ to a 16 foot alley. With the dedication of 34 feet, the right of way would be: 50 feet. The land is uader the same ownership. The owner has not dedicated the 34 feet at thie date. The City shou].d get that 34 feet now or thep never wi11. This does not concern Mrs. Murphy's request. Ferdinand F. Holzheu, 13�4 Misaissippi Street: Mr. Solzheu said he was next door to this 1ot. He asked where the parkiag would be and if a fence would be put up between the property and how high the fence would be. He would object strenu- ouely if paper or bottles would be strawn on his property. In the paet he had been keeping up Lot 18, aad he would like to see the property remain clean. He woµld appxove the golf putting course i,f a fence, at leset 6 feet high, were put up and tbe area kept clean. M�OTIDN by Schmedeke, seconded by Zeglen, that the P1ann.tng Commission close the public hearing of the Rezoning Request, ZOA N71-10, by Mrs. Lloyd Muxp�hy, �hat the We�sterly Nalf of Lot 18, Block 1, Spring Va11ey Addition be rezoned from G-1S to C-2 for a minjature golf putting course. Upon a voice vote, a11 votfng aye, the motion carried unanimously. Mr. Schmedeke called attention to the area saying it did not have enough square _ footage. He wondered if there would be eome way the puttiag couras could be put ia uader a Special Uae Permit rather than changiag the zoning because the Eaeterly half of the lot wae R-1. Ae was afraid thay would be creating something they aaight regret if they resoned to C-2. He tt�ougtit he would like the Ci�ty Attoarney tp check to see if a Special Use Permit for the��.golf putting course could be used uader a C-1 zoning. � Planning Co�ission Meeting - January 12, 1972 Page 5 � MOTION by Minish, seconded by Schmedeke, that the Planning Commission table ^ the Rezoning Request, ZOA #71-10, by Mrs. Lloyd Murphy for the Westerly Half of Lot 18, B1ock I, Spring valley Addition to be rezoned from C-1S to C-2 (general business areas) for a sma11 golf putting course and ask the City Attorney whether or not a Special Use Permit could be granted under C�15 zoning for this request, and that the answer be ready for the meeting on January 26, 1972. Upon a voice vote, a11 voting aye, the motion carried unanimously. Chairman Erickson resumed the chair. 4. PUBLIC HEARING: REQUEST FOR SPECIAL USE PERMIT, SP �71-17, DON'S GULF SERVICE STATION: Request for U-flaul rentals on Easterly 351 feet of Lot 12 and Easterly 351 feet of the Southerly 20 feet of Lot 11, Auditor's Subdivision #155 except that part taken for highway and street purposes, per Code Section 45.101, 6, 3-E, zoned C-2S. 5. PUBLIC HEARING: REQUI3ST FOR SPECIAL USB PERMIT, SP #71-18, RON'S GULF SERVICE STATION: Request for D-Haul rentala on Lots 1 and 2, Block l, C.D. Hutchinson Addition per Code Section 45.101, B, 3-E, zoned C-2. The above items were considered separately, but were represented by the appli- cants, Donald J. Michael�for SP �71-17 and Roaald J. Plomdon for SP #71-18, the attorney for tJ-Haul Gerald Rum�el� Richard Farra and Charles Beck of the U-Haul company. ^ MOTION by Schmedeke, seconded by Zeglen, that the Planning Cornmission waive the readinq of the Public Xearing notice for a Special Use Permit, SP #71-17, D�on's Gu1f Service Station for U-Aaul rentals. Upon a voice vote, a11 vating aye, the motion carried unanimously. The drawing submitted of the area showing where the trailers and trucks would be parked was studied. Mr. Rum�el said they have one agency in Fridley and one in Columbia Heights. Contracts may be terminated any ti�ne for aonconformance of contract. They require a drivers license and signed contract for the rental. The iasurance is written into the contract and is 50� on trailers and $3.00 on trucks. Only the large trailers are equipped with brakes and some of the older 10 foot models have brakes. Trucka are 1� tons. It is not necessary to have a chauffeuz's license. They have no policy for checking into a person's driving backgxound. When you haul your own material, a chauffeur's license ie not aeeded. Fro�a a safety view poiat, U-Haul has a much lower accident ratio than the mational average and by a big margin. We think it is �ainly becauae a person is not familiar with the vehicle and will be more cautious and also he is hauling his own material. Mr. xumnel continued that in the area of the filling station, the U-Hau1 site is about 1200 square feet which could aupport 3 trucks and 8 trailers. Their policy is that a filling station ia given an inventory of trucke, and if trailera are returned to a atation where they were not taken out, to keep the inventory at the required level, the etation reports to the main office aad the trailer or trallera are hauled awaq within a day or two. They have three field men who chesck St. Paul and part of the auburbe and call on dealera to help with problema ^ of inventory. They do nqt want� accldenta with equipment. Planning Commission Meeting - January 12, 1972 Page 6 Mr. Rummel said U-Haul feels the appearance of the dealer's station is most � important. About 70X of the customers first become acquainted with U-Haul by seeing them on the dealer's lot. It is of prime importance to keep the area looking neat. The major repair shop is in Savage and the majority of the staff is down there. Chairman Erickson commented that the area for the trailers was smaller than the plan the Commission had seen before. Mr. Rummael said th� area is 60 feet long and 20 feet deep and is along the North line. This area could be marked of€ on blacktop pavement where the trailers were going to be parked. The equipment would be parked double. Mr. Clark said that policing the stations gets to be a headache. The permit should be given on a yearly basis so that if there were any complaints, the permit could be terminated at the time of the renewal. Mr. Rum�el said, in reply to the questioning of the requests for two Gulf Stations, the U-Haul people feel they are better off if they can have more locations with smaller areas for the trailers and less equipment rather than fewer areas and overloaded with equipment. Mr. Rummel said the U-Haul may possibly ask for more stations to take the trailers if the community grows and the needs increase. The ratio is one station for every 10,000 to 12,000 people. MOTION by Fitzpatrick, seconded by Schmedeke, that the Planning Cornmission ^ close the public hearing fox a Special Use Permit, SP #�1-17, Don's Gu1f Service Station for U-Haul rentals on the Easterly 351 feet of Lot 12 and Easterly 351 feet of the Southerly 20 feet of Lot 11, Auditor's Subdivzsion No. 155 except that part taken for hiqhway and street purposes, per Code Section 45.101, 6, 3-E, in a C-2S District. Upon a voice vote, all votinq aye, the motion carried unanimously. ^ Item 5, Request for Special Use Permit by Ron's Gulf Service Station was taken up at this time. MOTION by Fitzpatrick, seconded by Schtnedeke, that the Planning Commission w�ive the reading of the Public Hearing Notice for a Special Use Permit, SP #71-18, by Ron's Gu1f Service Station for U-Hau1 rentals. Upan a voice vote, a11 voting aye, the motion carried unanimously. Mr. Clark explained that both of these hearings are basically in two parts. The first part is for the continuous use as a filling station and the second is the request for U-Haul rentals. There was some question whether or not we could grant rentals on a station that was a non--conforming use. tiow we would be bringing the atation under the Fridley Code as it reads today. Mr. Ru�mmel said this is a large station site and there is plenty af room for the trailers. The trailere would be along the tracks and 10 to 5 feet from the North line being Osborne Road. The car wash no longer exists, but fihe building is there. The small store is vacant. They could get a maximum of 4 trucks and 8 to 10 trailers as the trailer area ie a little deeper than Don's Gulf. He said the number of agencies in the entire �in C�.ty area is 150. �lannin$ Commi.ssion Meeting - January 12, 1�72 Page 7 � MOTION by Fitapatrick, seconded by Zeglen, that the Planning Commission close � the Public Hearing of the request for a 5peciaZ Use Permit, SP #71-18, by Ron's Gu1f Service 5tation for the rental of U-Haul trailers on Lots 1 and 2, BZock 1, C. D. Nutchinson Addition per Code Section 45.101, B, 3-E, in a C-2 District. Upon a voice vote, a1Z voting aye, the motion carried unanimously. � ^ Mr. Clark said there is a third station with U-Haul rentals on 73rd Avenue and Central Avenue. They.have made application for a Special Use Permit, but Che application was on his desk because of the pending lot split. He brought this up if, perhaps, the Commission members might be considering how maay U-Haul rentals should be in Fridley. This man is the pregent existing dealer, and has been renting trailers for a number of years. The station was moved from 73rd Avenue on Highway �65 to 73rd Avenue and Central Avenue. The owner of the station did not have a permit because it was legal when he applied �or the II-Hau1 agency. On this property there is a house owned by the same person owning the filling station. The owner atill wants to live in the house after selling the station and has a lot split pending. It is clearly covered in the new Ordinance that a Special Use Permit can be issued under C-2 and C-2S zoning. (Ordinance No. 483) Mr. Schmedeke referred to the service atation at 43rd Avenue aAd East River Road where the Ca�issioa recently denied a request to sell pickup campers, and wondered if they would not be inconsistaat if this applicatian were apgroved. Mr. Fitzpatrick said one reaction to this request is that it is a service to the public and thia ie the kind of place where you would expect to get trailers. The requsst Mr. Schmedeke referred to was a request that did not have to be eeeentially with a gasoline station. Chairman Erickson said that something the Commission would have to take �tnto consideration in all requests like this is the quality.of the Company and the way they prapose to do business. Mr. Minish said the request is for two different locations. He did not know how many competitors U-Haul has. The competitor may consider �ridley a favoxable location also. Mr. Schmedeke said that here is another company coming into Fridley and he could not see any tax base. He did not aee any advantage in this request to the City of Fridley. Mr. Rummel said the City does get its share of State taxes and U-Haul pays a eubstantial tax to the State. Also, a sales tax is paid on every rental. Mr. Rummel said that one of the prime concerns is servi�g the area and U-Haul doer�a't feel they wre doing it now. The peak reatal season is from the lst of May to the lat of November. The trailers move four or five times a week. In winter they move only one or two times a week. IYOR'ION by Zeglen, seconded by Minish, that the Planning Commission table ta February 9, 1972 the request for a Special Use Permit, SP..N71-17, Don's Gulf Service Stat�on and Special Use Permit, SP #71-18, Ron's Gulf Service Station. Upon a voics vote, a11 voting aye, the motion carried unanimously. Rlanning Commission Meetin� - JanuarY 12, 1972 Page 8 �,........,s._._., � ..� Ch�irman Erickson left the meeting. ^ 6. C4NTINUED LOT SPLIT REQUEST, L.S. 4�71-15, BY JOHN M. METCALFE: Lot 16, except the Easterly 165 feet thereof, Revised Auditor's Subdivision No. 23. For proposed second building site. Mr. and Mrs. John Metcalfe were present. Darrel Clark explained the existing house is located on the proposed lot abutting the river. The water and sewer service does run through the middle o� the second building site. They would have to run the new service up the drive- way easement to the exieting house on the river. The new houae would be on that part of I,ot 16 abutting Riverview Terrace, Mr. Msetcal�e said the lot is 300 feet deep. The back doax of the nsw hause would be near Riverview Terrace. It seea►ed like a waste to have a huge lot juat astting there. The lota to the North are not develaped, but have been split legally in a similar manner to his request. He wauld have ta havs aa eaeemen� to come into his property from Riverview Terrace. The documents for Riverview�Terrace have not been recorded at the County. The contract purchaser had signed, but the fee owner did not. Mr. Metcalfe said that the fee owner has probably about �1,9Q0 reuaaining a�i the cantract for deed which he (Mr. Metcalfe) asaumed. Mr. Klin$enachmidt, hia father-in-law, has the moat equity in the property and approves Che requea�. /1 Mr. Mstcalfe co�ntinued that the triaagular piece of graund East of R�.vaxview Terxace was cut off the original piece by the street. Nothing haa baen doae about it, but at the time a survey ie made, they could inc�ud� it� with the house East of Riverview Terrace. Mx'. Clark said that at one time Riverview Terrace was not in and all house� had to go cut to East River Road. The 12 foot easement goea ou� to �aaC River Road. Tt�e farmer owner of Mz. Metcalfe'� houae kept the easement acroas the Mattson property located on the East aide of Riverview Texx'ace. �ir. Metcalfe said his intention wae that the existing gax�ge, attae�ed to the house on the North side, be enclosed for a family room and he Would bui�.d a aeparate detached garage o� the South eide� af the property. Mx. Mialah r�aksd Darxel ta gipe a quick descxiptic�n for the aew lota a��sr the lot split: 1)all that part af Lo� 16 lying '�a�terly of Rivsrview �erracs as laid out and traveled; 2) all tb�at part af �ot 16 af tY�e EaeCerly 8 number p� feet �.y1ng Westerly o� Riverview Terrace aa naw la�d out and traveled; 3� a�.l tha� par� of �ot 16 except ths Easts�ly X numbex of feet, aubjeat tQ �road �aeemenx, etc. ,MOTIQN by Schtnedeke, seconded b� �e�1en, that the Pl��ning Ccmm�is��an se�ac�,m� ��d appxov�l of the Lat Split request, L.S. #71-15, by Jahn M. Metaa�ife� �ax ,i�ot lb, except the Easterly Z65 feet thereof, Revised AuBitor's 9ubdiv,iaio� Nca. 23 for a pxoposed second building sit� wit� the folloWiag stipulat.iox�sr ^ Planning Commission Meetin� - January 12, 1972 Page 9 1) That the petitioner rededicate the right of way for Riverview Terrace. � 2) That a 12 foot driveway and utility be retained from the lot adjacent to Riverview Terrace to serve the Zot on Mississippi River. 3) That at the tiine a building permit is to be issued on the new lot, proper steps be taken to relocate the present sewer and water service to the house on the River. Upon a voice vote, a11 voting aye, the motion carried unanimously. 7. REQUEST FOR SPECIAL USE PERMIT, SP #71-14, CASTLE I�OBILE fl0_MES, INC.: Aa per Section k5.101, 3-N of the Fridley City Code for the location of Mobile Home sales on the Westerly 600 feet of the Southerly 320 feet of the Northerly 750 feet of the NF}� of the NG� of Section 12. Mr. Clark said that the first time Council considered this request, they asked that it come back to the Planning Commission. They thought the Commission would be meeting before Council met again. Item 7 was put on the agenda as a matter of history. Na action. AD.TOURNMENT : . There being nQ further business, Chairman Erickson adjourned the meeting ^ at 11:00 P.M. /"\ Respectfully submitted �r �?, � �12cay�. Ha 0'Brian Recording Secretary ��i MINUTES OF THE REGULAR PARKS AND RECREATION CONMISSION MEET�NG. D�CE!"��R �. 1971� � MeetZng was called to order at 7:50 p.m., by Chairman Fitzpatrick. MEMBERS PRESENT: Fitzpatrick, Olson, Stimmler, Wagar. MEMBERS ABSENT: Blair. OTHERS PRESE.NT: Mr. F� Mrs. Bob Anderson, 6800 Oakley Street NE, 55432, 560-1395, RE: Snowmobiling in Meadowlands Park. Paul Brown, Director of Parks and Recreation. Cathie Stordahl, Secretary to the Commission. MINUTES OF NONErBER ZZ, 1971 �Eri�, M�TION by Sfi,i.mme.e�c, Secanded by Glagcvc, xa appnave �he M.i.n.u.ie,a a� �'h.e Regu.?.an. Pcvcf�a and Recnea�i.an Carr�n.i.s.a.c:an Mee.ii.ng, cla,ted Navembe�c. 22, 1971. The Mo�',i,on cwvu.ed. SNOV�10� I L I NG I N N1E�4DOWlANDS PAR K� Mr. F, Mrs. Bob Anderson, residents of the neighborhood near Meadowlands Park, were present to request permission to operate snowmobiles in Meadowlands Park. Mr. Anderson opened his discussion with the statements that Meadowlands Park, as it is presently found, is "no good to anyone". He stated that three weeks prior to this time, it had three feet of water standing in it in the playground area. The City dug a trench and buried a drainage pipe, but in Mr. Anderson's opinion, with a two inch rainfall, this one pipe couldn't possibly handle the situation. He stated that mini-bikes run in there all summer and there is absolutely nothing there to hurt. � Mr. Anderson said that if anyone or anything was to get hurt, it would be the children who could fall in the ditch. He said that there would be no problem in staying away from the skating rink in the West end of the Park. He said that in the nine or ten yeaxs that he'd lived there, there had not been a single accident. Mr. Anderson asked that they consider this because this, so called "swamp" is no good for anything except a skating rink or snowmobiles. Mr. Anderson stated that the City Attorney, Mr. Gibbs, had iristructed the Fridley Police, not to chase the snowmobilers out of the Park unless there was a complaint from a private citizen in the area. Mr. Anderson said that he was running on private property.and was told to get off by the Police. He in turn went down to the Police Department and talked the situation over with them and they in turn called Commissioner Olson. Mr. Olson said that he didn't know anything about it, didn't know where the park was, and couldn't answer his questions. Mr. Anderson said that this whole thing was Mr. Brown's idea. That he is.the one who decides where snowmobiles can be operated and that the Commission merely goes along with him. Mr. Anderson stated that of all the people who live around Meadowlands Park, about 85 per cent of them own snowmobiles or mini bikes. In Mr. Anderson's opinion, the mini bikes make a great de�l more noise than do the snowmobiles. Mr. Stimmler asked Mr. Anderson if he felt that the area was large enough to open up for the xesidents of Fridley. Mr. Anderson said that it was for the neighborhood. Mx. Stimmler explained that if it was opened up for the neighborhood, that it was also open to all residents of Fridley. Mr. Anderson said that he really didn't feel that other people would pull their machines in on a trailer, dump them off, and ride in such a small area. He pointed out that the terrain was such that you � cannot drive very fast, and not large enough to make it even worth while. He didn't feel that this would be a problem. As far as the neighbors are concerned, it's really ideal because if the children have problems with the machines, the �athers are close by and can either fix them, or pull them �pm� on a toboggan for repair. Minutes of the Regular Parks and Recreation Commission Meeting. Page 2 �SOIQ4�AhOBI LI NG I N MEADOWLAtmS PARK �CON �T) � � Mr. Stimmler asked if there would be problems with the residents who lived right on the park, and the noise it would create? Mr. Anderson stated that h.e did not think there would be a problem, because he didn't believe they would come within 200 feet of the homes at any one time, because on the South side, there are big back yards, there's a skating rink on the West end, which would be closest to the homes, there's private property on the 68th Street side (North Side), and on the East side, a Mr. Gerrety owns the property, and Mr. Gerrety has never complained about anything. The snowmobiles £un across his back yard and he owns the property from 67th to 68th Street. Mr. Anderson stated that as far as he knew, there had been no complaints from anyone in the neighborhood. According to Mr. Anderson, the neighbors have agreed to do their own policing. Mr. Stimmler said that this was not a new idea. He pointed out that according to the newspapers, the snowmobilers have pretty well pushed themselves out of the 'I�vin Cities. Minneapolis and St. Paul are not permitting this and so the suburbs which do allow it are drawing the people out of the City. Fridley offers North Park, Locke Park, Locke Lake, and West Moore Lake, which are very large, nice areas for people to operate snowmobiles. Mr. Stimmler feels that we have, probably, as many people from outside the City, as residents, riding in Fridley, and with the other suburban areas tightening up, if we open up any additional areas, we're going to have all of Brooklyn Center and the other communities coming here to ride. Mr. Stimmler indicated that he lives on the Mississippi River and as soo� as it freezes, the people from the other side of of the River, cross and drive through the vacant lots across the street from his home ,r, and run the machines up and down the street. As a resident where they are riding, this irritates him. n � Mr. Anderson asked if Mr. Stimmler was familiar with the Meadowlands area? Mr. Stimmler stated that he had previously lived in that area. Mr. Anderson asked if snowmobiles came up in his yard and bothered him? Mr. Stimmler said that they didn't have snow- mobiles at that time. Mr. Anderson couldn't see where people would be very interested in bringing a machine in on a trailer to ride over the rough ground and dodge the holes the children have dug out in the summer. Mr. Olson asked if Mr. Anderson was an employee of the City? Mr. Anderson stated that he was. Mr. Olson stated that he felt that if we were going to offer an activity, such as snowmobiling, that we should offer it to everyone, this meaning, that if an area desired a place to ride snowmobiles and there was a place in their neighborhood for this purpose, that we should provide such a place. Mr. Fitzpatrick agreed that if a person was planning to put his snowmobile on a trailer and pull it somewhere, it probably wouldn�t be to such a small area. Mr. Fitzpatrick pointsd out that one of the reasons that limits had to be made, was that property, in p�rticular, Park property, was being damaged. Mx. Stimmler asked if the neighborhood couldn't ride in Locke Park? Mr. Anderson said that the only way they could get into Locke Park was to go down to Highway 47 and make the crossing of the creek. Otherwise, there is no way to get across the creek until it freezes. Mr. Olson pointed out that it isn't fair that some of the residents have snowmobile privileges merely because they happen to live rtear one of the designated areas, while others who would like to ride, can't, because of their location. Mr, Olson said that we should either open up more areas, so that everyone can participate, or eliminate the aetivity altogether. , _. Minutes of the Re�ular Parks and Recreation Commission Meeting. Page 3 Sr�10B I L I NG I N ME�I)OiWLA�WS PAF� I� �CON � T): Mr. and Mrs. Anderson.left the meeting before the discussion ended. Mr. Stimmler asked Mx. Olson ta axplain his views in greater detail. Mr. Olsa�l said that another �+xample pf th� woxk thi� Comm�s�ion is txying to do is found �.t th,e Burlingt4n Northern Park. Mx. Olsor� �sked Mx. StimmYer for the reasqning an the loc�tian of the Hockey rink in this area? Mr. Stimmler said that it was to s�xva the people in this area. Mr. Olson �ointed out that this �s the exact r�ason that we should a�en up additional snowmobiling areas. Mr� Stimmler said that he fslt th� main reasan for not opening up these small areas to snowmabilexs is the number of homes which are located so closa to the park and the noise which would result. Mr. Olsan stated that we wouldn't hesitate to vote to abolish snowmabi�ing in Fridl�y altogethex, but that as long as we have it, we should open up areas £ox a11 of thQ citizens. Mr. Stimmlar asked Mx. Olson just what axeas he would sugg�st to open. Mr. O�son stated that at present, he would recommend the opening of Meadawlands Park �the unused poxtion), the West Moore Lake praperty, and tha Burlington Noxthex�n Park si�ht. Mr. Qlsar� suggested that if tao many camplaints ars receiv�d, thqy ths Commissic�n would have to repeal the order. Mr. Stimmler asked for clari.ficat'ion of the age limits fox young snowmobilexS. It wa� explained that a 12 year old can operate a snowmobil� only a£ter hs has camp].eted the Snowm�abile Trailing Course. Then, he can operate it fairly freely, but is not ^ permittQd to cross major streets or intersections. A 14 year old is required to have the same trai.ning course, but can cross the intersections. Of course, all ages oP snowmobilers can crass major streets, but only at a controlled intersection, and yielding to all other forms o£ traffic. Under 12 years of age, a child can operata a snowmobil� or�ly on your awn private property, or with permission £rom the pr�,vaxe property ownex. M4TTON 6y O�aan, xo apen up Meadaw.ea.nda Panh, �he unuaed pon.ti.an, we.ax Moane Lake Pank Anvpeh,ty, and .the Bwt.�.ing-tan Non,th.exn Pn.opeh.ty, -to 6naw�+ob.c;CFha �,n Fn,i.d.�.ey. Mofi,i.a n�a.i,�ed b ec.waa e o b.eac� a� a a�cond . The Cammission agreed to delay any further discussion until such a time as it should arise again. �RIDL.EY SENIOR CI�'IZENS � Mx. Brown reported that the Fridley Senior Citizens group is presently meeting in xhe �ivie Center Community Room, on the first and third Friday evenings, fram 7:00 ta 10:30 p.m. They have met two times and feel that it's a success. They have about 40 to 45 members in attendance. G I RL � S BRf��3Al,L � Registration for Girl's Broomball is over and they have organized four teams with 15 to 20 girls to a team. The games will be played at Flanery on Saturdays. Practice sessicans are held at the various rinks around the City. Chuck Kasick is in chaxge ,r1 of the progxam . �� Minutes of the Re ular Parks and Recreation Commission Meetin . Pa e 4 OF FRIpL�1( VS SCHQO� DISTRICT #14� Mr. Fitzpatrick �sk�d for a repoxt on the Boy�s Basketball Pxogram. Mr. ��owr� �ta��d that to hiS knowl�dge, several citizens ware glanning to attend a Schaa� Bqard m�eting regarding this prabl�m, but that to date, he had received na reports, The �chool Board has mado a reauest to mee� with tha Parks and Recr�at�on Cammissi4�, to disGUSS their activities and any confl�cts. MOTIt?N by SzimmmQ..e�c, Se.eanded by D�aan, �ha.t Cha.ihman F.i.tzpa.tn-i,ek and ane v�hen membe�. o� zhe Pwch.a and Recne,a.r,i.on Comm�i.ad.i.an, accep� Schoo�. �-i.a�ic.i..e.i �`14 Sehoo� Baand'b �,nv.i,t.a,t,i,on �o mee.t �an .the pcvcpo.ae o� di,dcuda�.ng nech.e.a,#,i.ana.� pnagnam,a. Dan B�a,ih. uci,P.e be a.�Fied .to aecampany Mn. F.i,tzpc�,i.ef�, a,a V�,ee Cha.inma.n. The Ma�i.an ccvvu.ed. �%Z MEETIMG D�ATES � Mr. Fitzpatrick suggested that the 1972 Meeting dates not be schedulad until the January meeting, due to the possible change iA Commissioners. Both Chairman Fitzpatrick and Vi,ce Chairman Blair's terms have expired, effective December 31, 1971. The Commissioners agreed. MI�V I C I PA�. PQQI. � Mx. arown drew the Commissior�er's attention to the City Ma�ager's Memo dated December � 17, 1�71. Items A- E referred the discussion of the Fridley Municipal Pool back to the �ommzssion for further study before any definite action is taken. �y , WINTER SPQRTS DAY� Mr. Brown informed the Commission that the date has been set for Winter Sports Day. It wil.l be held at The Commons Park on January 29, 1972, The Jaycees are handling this ev�ent and will take charge of the scheduling and publicity. They've scheduled sams Saftball games, and will use orange Softballs. In years past, the weather has be�n bad and even caused cancellation once or twice, but this year it is schedulad early enough, that there should be no problems. Hocic�r RuuES FoR 1972 , 'f}�e Commissionexs received copies of the 1972 Hockey Rules. Mr. Stimmler, who is alsa the Pxasident of the Hockey Association, explained that they are basically the same as last year, Mr, Brawn pointed out that one of the changes was to better define the penalty time. '�he �ime does not stop until the puck has been dropped to resume play. In the past, if, £or �ome rea�on, there is a delay in getting play resumed, the player feels his penalty should end two minutes after he enters the penalty box. This m3sundexstanding �hauld be cleared up this season. A copy of these rules will be posted on the bu�letin boaxds in the warming houses. Th�e Commissionexs agreed ta receive the Hockey Rules for the 1972 Seasor�. : u. � ►, � : 1 Mr. Brown asked the Commission if the meeting date for 3arivary could be changed, due tQ the fact that h�s would be ou� of town the week of Januarr 24th. The Commissionexs a�re�d tp change the meeting date to Monday, January 31, 1972. �i Minutes of the Regular Parks and Recreation Commission Meeting. Page S —�---�---- �pl(�Y�pB I LI NG � Mr. Wagar reopened the discussion of Snowmobiling at Meadowlands Park. He said that the reasan he didn't second the Motion earlier, was that he knew there were a couple af ladies who were upset, over by West Moore Lake, because of the damage the snowmobiles were doing, but he feels that perhaps Mr. Anderson did have a valid request, in Meadowlands. Mr. Wagar said that the park has been there as long as he has lived in Fridley and it looks the same now as it did.then. He has lived in Fridley for about 15 years and since we haven't had the funds to develop it, why not let them usa the Park until we can get it developed? Mr. Stimmler said that he felt that Mr. Anderson was representing a very small portion of the xesidents of that area. He feels that the noise factox would be too great. Mr. Stimmler felt that if there were a large number of residents who desired to use the Park for snowmobiling; that more of them would be present. If the room had been filled with residents requesting this, then he felt it might have been a valid request. Mr. Wagar suggested that the request be left open for the time being, or until all of the Commissioners are present. Mr. Stimmler agreed and stated that he felt that the residents would be out in force next time. Mr. Brown pointed out that other Cities are beginning to clamp down on the snowmobilers. Minneapolis has banned them completely, and they have many areas which could be used for this purpose. 1'� The Commission agreed to delay a Motion of any kind until they see if there is really a desire on the part of the residents of the neighborhood to allow snowmobiling in Meadowlands Park. �� � •� � MOT�ON by Glaga�c, Seeanded by S�ufrn.�e�e, .to adJou�cn �he mee,ti.ng ct,t 9:25 p.m, The next regular meeting will be held on January 31, 1972, at 7:30 p.m., in the Cammunity Roorn at Fridley Civic Center. �espectfully submitted, � . .�C/?.C_ CATHIE STORDAHL, Secretary to the Commission ^ � � BUILDING STANDARDS-DESIGN CONTROL MEETING OF JANUARY 13, 1972 The meeting was called to order by Chairman Zeglen at 8:05 P.M. MFMBERS PRESENT: Zeglen, Lindblad, Tonco, White MEMBEKS ABSENT: Gnerre OTHERS PRESENT: Hank Muhich - Chief Building Inspector MOTION by Tonco to approve the minutes of the December 21, 1971 meeting as written except that the legal description of 1305 72nd Avenue N.E. be amended to read Auditor's Subdivision � 89. Seconded by Lindblad. Upon a voice vote, all voting aye, the motion carried unanimously. " 1. CONSIDERATION OF A REQUEST TO REMODEL THE EXTERIOR OF THE EXISTING BUILDING AND TO CONSTRUCT AN ADDITION OF 14 FEET TO EACH SIDE FOR INSIDE SEATING, LOCATED ON LOTS 10, 11, 12, 13, 14, AND PART OF LOT 1S, BLOCK 4, BENNETT-PALMER ADDITION, THE SAME BEING 5831 UNIVERSITY AVENUE NORTHEAST, FRIDLEY, MINNESOTA. (REQUEST BY MC DONALDS CORP., 221 NORTH LA SALLE STREET. CHICAGO, ILLINOIS 60601.) Mr. Terrance G. (Terry) Mauer of Kraus-Anderson of St. Paul, and Mr. Jim Kleinfelter oi McDonald Corp. were present to present the request. � Mr. Mauer said the exterior would be changed to match the other McDonald buildings in the Twin City Area. The exterior will be a combination of red face brick and wood. The building will have an asphalt shingle roof _ with light beam trim. Mr. Klinefelter said the seating would extend the length of the addition on both sides with the serving area all in front. There will be seating area for approximately 100 people. The addition would take away four parking spaces, leaving 61 existing parking spaces. The committee ques- tioned if parking might be a problem. Mr. Kleinfelter said in their Bloomington building they had seating for 104 people and 72 parking spaces which was working out fine. Mr. To�co asked about the facilites for the disposal of trash. Mr. Klinefelter said they had a double chamber burner with a 15'x2A' concealed dumpster. The seating area would be self-service and would be kept clean by the employees. • Mr."Zeglen said they had been told there had been complaints on the upkeep of che fence on the rear of the property. Mr. Kleinfelter said they always repaired the fence the few times there had been any damage to it. The committee said Chey would like to have McDonald's install some type of guard rail along the fence so cars and snow would not cause any damage. The fence on the north side of the propex[y is 7 feet high. They wauld ,,., like the first 30 feet of this fence trimmed down to 3'� feet high. Mr. Klinefelter said the City had requested this fence and it was the adjacent businesses to the NorCh who would like to have it trimmed. The committee felt that as McDonalds were requested by the City to install this fence �he� could ask the adjacent neighbors to the north to share the expense � Building Standards-Design Control Meeting of January 13, 1972 Page 2 ^ of trimming down the fence and if they didn't agree, the fence could , remain as is. There is at present a vapor mercury light on the rear of the building . • for security lighting. So there would not be any complaints from the residential area on this light shining on their property, the committee asked if�during the remodeling when they were installing new lighting, this light could be replaced with a light that would shine down, so this complaint could be eliminated. Mr. Muhich said the plans show an outside ladder for access to the mechanical equipment on top of the building but the code calls for an inside ladder, so the plans would have to be changed to conform to the code. MOTION by Tonco to recommend to the City Council, approval of the request to remodel the exterior of the existing building and to construct an addition•of 14 ft. to each side for inside seating with the option of � the owner to use an alternate plan and add 14 ft, to only one side of the building and have seating on one side only, with the following st�pulations: . � 1. Install some type of guard rail along the fence on the rear of the property. . , �"� 2. Check about trimming down the existing fence to 3� feet for 30 feet, along the north property line. - 3. Install security lighting on addition and direct lighting away from residential areas. 4. Install an inside ladder for access to roof top for mechanical equipment. � Seconded by White. Upon a voice vote, all voting aye, the motion carried unanimously. 2. CONSIDER.ATION OF A REQUEST TO REMODEL AN EXISTING BUILDING LOCATED ON LOTS 28, 29, 30, r:ND 31, BLOCK 4, HYDE PARK ADDITION� THE SAME BEING 6071 UNIVERSITY AVENUE NORTHEAST, FRIDLEY, MINNESOTA. (REQUEST BY TE' 1730 CLIFTON PI,ACE, MINNEAPOLIS, MINNESOTA 55403.) George Spevacek was present to present the request to remodel the extexior of the existing building. They will landscape and install poured 6"x12" concrete curbing around all blacktopping. They will install aluminum facing around the existing canopy and top of the building. Fibergl.ass brick will be screwed on over the existing porcelain with the bottom of the porcelain painted black, on the front of the building. The back �tnd sides will have aluminum siding. ` The committee questioned the trash enclosure which is only thxee �eet /"1, hi$h. They asked to have the height raised to 6 or 7 feet and to provide ' screening as this was open to view from the service road. This area must be maintained or other requirements would be made ao the �ity would mot receive complaint�. $uilding Standards-Design Control Meeting of January 13 ,1972 Pa�e 3 /'\ : Mr. Muhich said the owaer should be informed he had to remove all signs from the right-of-way and keep all signs on his own prope�ty. ' MOTION by White to recommend to the City Council approval of the xequest to remodel the existing building with the stipulation that the trash enclosure be raised to a 6 foot height and be screened from view. Seconded by Tonco. Upon a voice vote, all voting sye, the motion carried unanimously„ Chairman Zeglen adjourned the meeting at 9:30 P,M. xespectfullg submitted, Dorothy Bven n � ' Secretary � � 0 J . �k� , � _. _._._ . . �. . • _. _ _ _ . • _. .• .i i ,f � � � � • . . ( � 'Y s ` 1 . � ' f CY'TY OF 1� RiDLwY ; biIHNESOTA . 0 � � Pi�lAfixY'FG AND 7,ONxNC �OitM • t3u.�er �%� `"/ a 0 _ . _ _ . _� :� _ _ _ _ _.vtt�%�(�. 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Deos.�ib:: b;�ie£ly ehe 'sLg�:4 0: t1r>e cnu �he Ic.npxvverr.�nt I'ro�.ti�ed At�nJ_ic��n': ; ; v�3.sY�es to c.:�.r_�Lri�.ct and oUe-r•ate a srr.�.].1 Gol.f Pu�t._�.r��; Cour. c;e .,..a.> �.�....,...�_�_.�._._......_..:........�.t...._ �.,�`._..__...._..... -----�..--__....,,,,�.....�.....�..__-�,. _ti..e..�.,.. �rc�e,��•�; of �rot,��:tiy_��37 sa,,�f�...�.� �:1� tft3 Frt���r.L lan�,I�cnt�� i'sev�.o�s!,y sc�a�hC Co F,c�.cci�:� l�icr_. C�cnin � r,ot Sr1it, Gbhc��n � Vct��.���cc or. � p�c1..z1 U:�e Perraic on ti�� Sub j;:�::t Sitc a�: p�� t c� Xt?_ P?0 . • _,�..o.o..�. � .,w.,.,..�_...._ .._......._._. . t#h�;:a?ti,.�..._..b.,_.�....,. ..,_.,.._...___,..,..........��...._..__ ...__..,._.._...�.,....,._..,....��.�..�....w Y� . . ..y.�......�.+...,,.. . , . . • L?"7�t t�:�s Ite;;���:�ect ._.�,...�.�.�._. Fce En�•Ioae� $<<��� �� . ..,..�_ __,�...,_._........._.�._�.�.. _ ..�.�...�. D•:,� _ i l�d �..�.... -� s'; �' (; y '' � ..._.�...� �._....._..._�..,.�._.._.. _..�v__M._. � w t � o f 13:.� c� x i r� ��...._.�_..._..a.�......�..�.�,.,.:.�.__..�. � _ - _... . _. . _� , __ __ i''� 0 �C.HARLES R.WEAVER FILRMAN L.TAIIE VIR61L C.HEWRICK� ROBERT MUNNS JAMEB D.GIBBS � fit@DERICK�W.1(EISER,JR. �ATRICK�J. ROCME,JR, �� . LAW OFFICES WEAVER, TALLE & HERRICK January I7, Z972 Mr. Peter J. HerZofskq PZanning Assistant - City of Fridley b431 Un.iversity Avenue Noxtheast Fridley, Minnesota 55432 �ear Mr. Serlofsky: � 7�Q�EAST MAIN BTREET ANOKA, MINNE50TA 55303 421-5413 E279�UNIVER�S�TY AVENUE N.E. FRIDLEY, MiNNESOTA 55a32 � 560-3850 F1RBT STATE BANK BUtLDIN6 COON RAPIDS,MINN.55433 7S5-t330 Pertains ta Mrs. I.loyd Murphy, ZOA �71-10: Rezone from C-1S to C-2 for golf putting course. Tlus Zetter is in repZy to your Ietter of January I3, I972. In this letter you indicated that the PZanning Commission wouZd Zike a written opinion regarding certain zoning requirements pertaining to C-2 propert� raithin �� the City. . .� ^ , ,s SpecificalZy, �ou ask the question whether the PZanning Cammission may make a reco�nendation to re-zoning from C-Z to C-2 i f the property does not contain the minim�,un of 200 feet frontage and 25,000 square feet of area. I am of the opinion that the P.I�ing Commission ma� reco�end to the Council that such a piece af= propert� be re=zoned from C-1 to C-2. The recommendation should, however, contain a statement to the effect that the property does not meet the minimvm requirements as set forth in the Code and that a waiver of these requirements would be needed a�ong with the re-zoning action. - � 1 � _ k You aZso ask whether the Planning Conm�ission m�� approve a special use permit � which is permitted in C-2 and C-2S zoning if the property is presently zoned CY1. I am of the opinion that this could not be done. That if the zoning ordinance' permits certain uses of property in C-2 and C-ZS districts by special use permit and the zoning ordinance does not state that the sam° use is permitted in C-Z districts that the omissian is intentional and, therefore, not permitted. I hope that this answers your questions. ; � �- r '' Sincerely,� , � ,. { �„. fY � ':` � . . . ,; %� �'i' � • �-� "� ` � i r � �/�`1'� ,"�� �� i VCH:jjh , Virgil C. Herrick � : yi , �: ; , ,: ; ,4v :a' :�.' I IOfi � '�Y ^ u � � � ,� R��� / S p � „ „ ~��= . „ � ,I � � . : , �A F ; �;�t � Z t �-•.:� � AEEK � 3: �t � 68TH. A!'E� �� �" } 1 = cA � A�.r'� y. � �,• . �f � � ti tEl ; i V }jL.—'_' 8 � � ' yz, tie , y � i9 ':�,' Q ; ; `L � - ,� 1 ' r'" ` �� �b ie • , N � �, GHANNEL RO� l �3 �` ZOA �71 10� Mrs Lloyd Murphy b° ' '� =�:� •••,• 39 Westerl � L. 18, Bl. 1, Spring �� ' ,,,,,,�t y � `' „ "�� ';;�}�'`„ t '�" z Valle Add. Rezone from C-1 out � y i. i � ri/,r�ii .d 1 �=�i 11 i � .. h /i /f I6i ii101 ii / � 4 a ��� �� rt� %% to C-2 (gen. bus. areas) for � � `► /.< il - /� � / � � i i i i i� � � � . -- t" '""" '" sma].1 Golf Putting Course Ri� �'� CREE . f i� i+ ii i:; �.... � ;, I _ f�l � � o � ST� -�• ^ ie � , c t �� - r �.�re. 8 �ti �' ;:87 i'�?�3- �°' � ;r, �� ' � .�, c < � � , s C�, � _ Fif��1C� 4.,� ,! •! r � ,, ...�.�. �:' '3.� .b?..�:G���- � � , Z ,,, „ � •' S W � �h k/� ,,,, , ' � : � ,..�- r. ., i,, V s�� �� � '2 ;� ,� �i lt �,�j� i i �� � g G S � � i '• F- t � �.. .�' � ` 8 4 . ,�.� � ..l' P I �C �, ' _ _ � ,, .� A,. � �-A e � .,.-, � � � c��-.�- }�� — , �� g, S � \ . .�9 4 d `���. . . _ � _" . `' �•e w ^ 66TH. AVE. N.F. ''r+, �yi �� s� �� s _� y � �,� /s E'f-�R��` •1 G6TH. 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