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PL 09/06/1972 - 31120�� CITX OF FRIDLEY BL�JING CON�jMiSSION MEE�ING SEPTEMBER 6, 1972 PAGE 1 CALL TO ORDE�t: The meeting was ca�led to order by Chairman Erickson at 8:OQ �.I�. ROLL CAI,L : � Me�bsre P��nt: Er�.�k.�on, M3,�n�.sh, Ze�len, Fi��pa�xick, Schmedeke Mo�ber� Abe�ats No�s , O�het� Pre�entt Darrel Clarle� Ea�iae�ria� Assi�t�at ,:��tOVE PLANNING COI�fISSION 1�NLITES: AUGUST 23, 1972 ,.��s . �.�„ � � . � MOTION bg Fitzpatrtck, seconded by Min3sh, that the Planning Commission • �t�ut�s o� August 23, �972 be approved. Upon e voice vote, a11 voting aye, the ' �iqtior� ca;�ied unaAimously. . , APPROVE PLANNING CONIl�IISSION MINUTES: AUGUST 9,1972 l�OTION by Fitzpatrick, seconded by Minish, that ti�e PZanning Commission �nutes o� August 9, 1972 be approved. Upon a voice vote, a11 voting aye, the mptiori carried. IVE PLATS & SUBDIVISIONS-STREETS & UTILITIES SUBCONIl�4ITTEE MINUTES; ;� ,�IUGUST, 30, 1972 '`1 MO�',�ON by Schmedeke, seconded by Zeqlen, that the Planninq Commission xece�ive the mir}utes of �t:he Plats & 5ubdivisions-Streets & Utilities Subcor.mittee mee��ng of Auqust 30, 1972. Upon a voice vote, a11 voting aye, the motion carried t�na7�mousl y . RECEIVE BUILDING STANDARDS-DESIGN CONTROL SUBCONIMITTEE MINUTES: AUGUST 15, 1972 MOTION by 2�g1en, seconded by Fitzpatrick, that the Planning Commission receiye the minutes of the �uilding Standards-Desig� Control Subcommittee meeting Qf Augttst 15, 1972. Upon a voice vote� a11 voting s�ye, the motion carried unaru:mo�Sly . RECEIVE BOARD OF APPEAI,S MIAIUTES: AUGUST 15, 1972 MOTION by Min�sh, �econded by Schmedeke, that the Planning Commission ��ceive �he minntes of t�e Board of Ap,peals meeting of August 15, 1972. U,pori a v4ice vote, a�1 voting a�e, the motion carried vnanimously. RECBTVE BOARD OF APPEALS MINUTES: AUGUST 29 `,1972 T p10�'ION by M��i�h, s�conded by Sch�tedeke, that Ghe PZdnning �orrurtis�ioA ze�e.tve the minutes of the Boaxd of ApQeals meeting o�'AUgust 29, �992, Upon a vpice vot�, a.11 voting aye�, the motior� carried ur�an�mous�y. t 4 ,^1 � �lanni�� Commissiort Meeting - September 6, 1972 Pa�� 2 I ....� .�.. . �.. �. � � � �,� �CEIVE PARKS & RECREATION COMMISSIAN MTNUTES: AUGUST 7, 1972 ,.,.�..._�.., , MOTION by Fitxpatr�Lck, seconded by Zeglen, that �he Planninq Corr¢n�s��pr! ,�pC��V� thQ m.inutes of the �arks & Recreation Commission meeting ot ,�ugu�'� 7, 197�'. U�n a voic� vote, a11 yoting aye, the motion carried unanimouslye �, CONTINUED PUBI,YC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP ��72-1 BY BLAIN� CONSTRUCTION INC.: To build a home fo�' the ha�dicapped on T�ot �6, Revis�d Auditpr's Subdivision l�10 per City Cod� �a5.051, 3, Fo �. and Mrs� Joba Gemperle, Sister Mary Hubbard, O�F, �Ir�a Ru�iy An,der�oa�� Ml�� Dave Tc�1le�sonW Mx, Chet Tollefson and Mr. Jesse S. I3a�.1, Jxa were p�es��t �� peak �o� th� petitio�� M�. Cla�� epo�t�d that h� did talk to the Adminf�t�ator a� the Vi�LA�g� of ��e�or�a al�ou� th� ho�e for the handicapped in the�x tawn� b�� w�� o�.�l �her� �,�� three x��id�nees �.ocat�d wi�h�n half a block of sfngl� faan��.g� dws��Li�ag� m �"he�e is n,ow � peGitio�6 fOr three more buildings. H� �.sked spec�f�tca113� �.t ��g�r have had ,any probiem with the community getting a�otag wi�� h�se g��ppl�a �he�� has been no txoubl� pr the necessity of policing th� area �o k�ep �t�� "Gh#.ldze�." ou� qf tniscbi��. They fit in the �ommuni�y vexy nice�.y. `�he ��qve�� fp�' tl�r�e mor� homes is ��.ittl� disturbing because th� petcent�ge �� hasadi�app�d p��.� �rotald be ge�tin� quite hi.gh in relatiqn to the �rest of t�ie �om�u��,�y �� '�1��Ca�i� �.a a emal� tc�wraio � 7G'h� letter w�itte� by Mr. C. Aasland, 1330 69th Avenue, objecting eo the , ��qu,�s� �t�asmu�ch �� he cQuldt�'t be present, and a Resolut�io� sta�in� �.$�t� "�1no�C� �s�ut�Cy �otap�ehensiv� Heal�h �oard go on record as favori�g a� �'�sidez��.al ��.1i�y #�� hand�.ca�p�d adul�s prpviding there are programs available and, a��ssib�� tQ th�in atid tha� sa�id Boaxd be given review as to appropriate location �� Xhe ��ilit�11 wexe� distributed to the Commission. N.OTION b� Minis�, seaonded by zeglen, �hat the Planning Comm.i.ssiQn �e�ei�� t1�e lettez� c�a�ed August 31, 1972 from C. AasZand and the ResolUtion regard.z�� the �ok� County Comprehensive Nealth Board. Uppn a vaice vote, a11 �rot.�a�g �ye�B ��e u�pt,ivn ca�.��ed unanimously. M�'A Sch�edeke aske� Mr. Tollefson if he knew of a home o� tta�� n��u�� i.� Aedwood i��lls. M�. Tol�.e�son said it was the John Mi�lton Home for Adul� Reta�d�da Ma'o Schmedeke said h� had a chance to meet a man w�o �,�7.�ed es�ala�ish ti�i� hpme. H� w�s �he managex', but isn't nowo The �ame people att�mpted Go bu�-ld �j�i� typA �f hoA►e it� New HApe ta�th no success. Wha� i�� would l��Ce, to l�xin� to �$�� t�t�G�.o� o! the Ca��sion was that he asked this pa�rty if �� wrot��c� r��om��d �$ao�a� si�ni�.a� to Ghi� �ex� �o his home, �a Chat he got the an�we�' "�eo°`> ��hou�t: �k�� tl��ugh� that samethir�$ like this �hould be be�il� w$�� was s�ill w��de��.ng i.f �� the place, � � r � Plantting Commiseion Meeting -___�_�Sep^tembe� 6, 1972 p��e 3 .�......�„ ... „ ..� -� � P�. Mini�h w$� wondering whether or not this type of hom� wpu�d fit ira � e�x�� w�thout $ Specia� Use Permit, or if it would be bett�x b�ing wul�iple. Chai,�aan E�lckaon said that nursing homes are p�rmitted 1a C Dist�i�t$ Wlthout a SpeGial Use Pezmit. Nobody wants to live �e�ct doo� to a county home ox home fox the aged. He couldn't really justify putting nu�sing homes in comm�rcial. b�st�ap�'ed. ��. Mr. Tollefson said there was a hearing on regulations to gover►� residential �acilities for mentally re�arded children an� adults last Wednesday. Mr. Ge�npeXl� w�� pres�� at that meeting. Mr. Geaape�le said there were some minor objections and �odifications, such as the �.00rs being locked, �he object was to preven�. �hieves. Everything else went right througk� except a motion considered that not t�ore than two units be" bu�lt, Here we are asking �or one. A1�. Tolle�so�► added that at Victoria thez�e are three buildings similar to the plan submitted for this site. They are in a rectangular shape othexwise thQ same size. All three buildings are in a cluster on �a two acxe tract. Adding �h�cee pea�e would be ovez�-building in one area. The people shoul.d be put whex�e �1�e wox�lc for the handicapped is located. In this case, there a�e ttiaelve people Wfth some haudicapped� but also there is a normal husband and wife who runs and auperVises the home. The home would not geuerate much traffi�, � Mr. Clark said he ch�cked and found that �.� R-1 � Spec�i�� Use Permit would b� x'equired< �� appeaxs the same way in R-3. C-2 is the on$y d�.strict where a Spscial Use Permit is not required. Fir. Fi.C�patrick s�id the Commissiou discussed this et some le�ngth at th� other �rteeting and it seesos questions were xaised that bave sinc� bee� answered. iie �ked if xegulations pertaining to this type of homes have been pxoposed. Mr. Gemp�r�� said they Wer� adopted last Wednesday by the Public Welf�x'e pepa�t- w�nt itule 3k. A� the request �� ng Siverts, 6850 Siverts Lane, the pu�ilic heari�ag wa� reopened. • � MOTlON by Minish, seconded by Fitzpatrick, that �h� �laraning Corr�n.iss.zora �'�o�vven �he ,Public Hear�n� for the Special Use Permit, �� #72-�.2F by &1ai�e Coa�strvctio� Inc. Upon � voice vote, a11 voting aye, the motion �ax�'ied �.nan.imousl y . � M�. Ing Siv��'ts said he missed the first public meet�n� on August 9tb. I�ft� tboughta wexe Whekher the xequesk came in fo� this type of facility or �ny type Qf prajects that h� wa� �or R-1 at this pofrtt� A1�hough hie l�nd does �ot t0uCl1 th�.s pgoperty, i� is very near to it. Th1s is � very peculiar ar�� and Aot too mac�y homes involyed. What affe�ts o�e lot� certainly wi17, affecC �hq t��h�x. If you hav� the Special Permit granted here, then all the prop��y � owneYs on b9th could a1�Q request one. He wou�d�like to see the l�nd remain ?�-1 if at a�.l poss�.ble4 There �.s a traffic problem. Onan's and Medtronics ��d � t�emea�dpus fncrease of traffic. Where 69th �venue and �entxal Avenu� . � P�.anning Commission Meeting - September 6, 1972 �a�e 4 ,� �t�t�x�ec� the�e is a potential accident corner. He has seen some very clos� �al�,�g. For �tt��s particular request, there are nice areas across the �oad to wa�lc �n. Thexe is a real good chance the people may wa�t to explore the area. iie understood the owner of the lot has had a hard time sQlling it as a �q�ue. That could very we11 be, but there was a lot he p7:iginally owned just Sol}�h of this lot which sold for practically double the amount o� what he had sp�� it. However, the buyer bought it for R-1 and is going to build a home. �IQ thought the argument that the lot can't be sold as R-1 is a weak orie. Sr. Mary Hubbard, OSF, 1900 lllth Avenue N.W., Coon Rapids: Sh� s,�id that ,. � th� p�oblem of children or ypung adults being, run ovex is sotnething we r�a11y �hot��d not consider very weighty. Anyone can be run over at a� int�rsection, We w��i� to make the surroundings for the handicapped as normal as possible. �hey wo�ld have this opportunity as this building would offex� them the oppoxtunity to �ive i.n a home like other human beings. The statement of "imposi.t�g on my � priv�cy and th�e children here tnight do some damage", i� we look at normal children, �npw u►an.y, time$ as this happer�ed to us? It would be at � minimum with these .�h�.�dre�. Tl�ey will be well supervised and will contribute to the community in hanc�icapped workshops and regular busi�ess. She thought they �eserved this ppp.ortunitg. M�'• �d Wid��nski, 1320 69th Avenue: �Ie said he still objected. He lived �ext da�� tq tha� �.ot. He felt two supervisors for twelve peop�e from the age� �� 17 to �S was not enough. ^ �vex�Gt Utt�x�, Councilman-At-Large: Mr. Utter said he represented tha peop�� in �his area. �Ie has had a number q� phone calls from them. One gentle- tpa�a was co�ce�ned about the fact that this home was proposed for this area• He has buil� townhouses. If he had know this home was being built here, he would not h�ve built the townhouses. Mr. Tollefso� said he did not know where these people get such fear p� the retarded when �hey won't even take time to go �o a home like this or gp to �tise. They �av� foux retarded from Frid�ey working in Rise. They are people wh� could use �hi� facility. �here are some others wqrking in South Minneapolis. �t� Fridley you have the ActiV�ty Center and �.t is not too far fXom whexe this wQuld be located. How.many have be�n over to look at the Activity Ce�,ter? Have thgse childr�n run around the community? If he did not have a retarded child, �e probably wou�d have th� same concern. These people can go out on� their own l�ut they hav� to rely on others to help them live a more home-like lifs. Ths�y gelt th�-s was a good location. Sure, it is zoned single family, but thexe a,�e ho�es ir� neighborhoo�� where a family has a ret�rded child� Ir� this casg, tk►e��te will be ten or twelve, but they wi11 work and be supexvised. They don't d;1v� cars. Industria]. is on two sid,es of th� lot. He �ad talked to other aei,ghl�or� and they were tnore or less for a facility such as this. He had asked th+�t� t� �ome to the mee��.�ng to�ight, and they had said the� would try to get h�s�. . . Mx. Ing Siverts said that he wanted to make it very clear that he, �.., per�or�ally, did not ��a� something like this. H'e fe1X there should be a place �ike t�is, St��ctly on the basis of zoning, he did not think thexe should be 8 deVia�i.vn fXom R-1. 0 � � (��1 Plannin� Commission Meetin�p,- September �0 1972 ��e 5 Ck►$ix�aA $x3�ks�n aa�.d apparently B1ai�� Edmundson has the pxope��y �o� ea�e. Hpw did �t happe� he wanted to build on this paxticula� lot, �r. �oll�f�on answered that Mr. Edmundson had the lot for sale f�r �ome � time. �lbout a mo��h a�o he went with Mr. Edmundson to look at some o�he� pxoperty �n Shoreview. AC that time they discussed �eal estate for this type of fac�l�ty. H� had �ooked at this lot several years ago for possible purchase. They the� �ook�d �G it from the aspect for a home of th� handicapped and realized it woul� wo�k for the handicapped. They felt it would fill the need f�r such a hpme. I� was decided to pursue the Special Use Permit. Mr. Min�sh as�ed if they would consider redu�ing the si�e of the hou�e and hous� less peop�e �o �ak� it more compatible with �he rest of the �ei�hborhoqd. ti it wez� pos�i�le� �t stil�. would be within the �ame typ�;p� program. . Mt�. Tq�le�son said that it may not be as �conomical. Mx� Siv�r�.s qommie�Ced that they mentioned some regul�tipns which have b�en $�cepted. �n these gegulations is there a rest;ictio�t fox th� number of p�op1� i.AVe�lv�d? Ch�ti.rman Erick�on said there were suggestions fo� the r�utnber o� peopl� �,t� �� a maximum number for a facility was suggested as sixteeaa. G�" ld^ �-�'- �-� _. �1�. Zeglen lcsferr�d to the Resolution �eceived eaxliex �t� the evening, �iekin� the nam�a of iche taembers . ' The Anoka County Go�prehensive Health Department subtnitted �.he �ol�owing list of name� and was �received on September �1, 1972 by the City: COI�REHENSIVE HEALTH BOARD CQtmn�sa�one� I,eRoy 3phnson Cpmu�.ssion��r �dward F�.elds, Chaiz�tnan Commissi.one� P�Iich��7� 0' Bannon ara�idon Adams , I�. DB j�s, Joseph (Miri.�m) Craig 1`�rs. Arden Maxchiniak �Irs. Gerald (Mazgaret) Roback Mrs 4 J�nes (Peg) Tax'nqwski rlr. Clif�olcd Nelson Mr. Paul K. �tuud AE�AT'�TAY� RETAiiDATION ADVISORY COMMIT'TEE P'�i.c,k►aei 0' 8annon Bruce Ols�c� j�s. Joseph (Mix�iam) �raig Sherwoad Cl�vel�r�d Ros� Joha�son � �at Wiison �,�ot� 01so� Chet To�le�sa� �i�.x'Qld 1��G].ure 0 MO�°�QN �y Mini�hr secpnded by Fitzpatxick, that the Planning Commission Close tF�e Public Hear�ng of the request for a 5pecial Use Permit, SP �72-12, by .F3laine Constz'uctip7� Inc, Upon a voice vote, a11 voting aye, the motivn carried urian�mously. � s � Planniag Commission Meetin� - September 6g 1972 �'age 6 Mx. Mini�tl s�id the pzoposed Use did not bother him� but he is not �a�a.1l�a�r � with prQgxams €qr the mentally retarded. He was opposed to �ezoning for a doubl� �ungalow and he would be opposed to � structuXe as proposed. That was why he Ssk�d the ques�io� of reducing the size and to consid��C some modi.�ica-- ti.ons. One thing that concerned him was that if the �icet�s� wexe, :�or some r�ason lost, and couldn't operate as the structure was huilt, it probably would be used for mul�iple dwelling, whereas a smaller scale wou�,d be again a sing].e family residence, Mr. Fitzpatrick refesred to the comment that a smaller structure would affeet the e�onomics of the operations, but wouldn't this ultimately fall upon the Welfare �oard? He then asked how qld was the oldest facility of the kin�d proposed he�� 'Ir. Tol�efso� said thxee years at Victoria. It is �he o].dest of that paxt�t�ula� concept wh�r� the people liv� in t�e home �nd go outside o� the � hom� fpr wo�ksho�e �� Redwood Falls khere �s no workshop, but t1�ey have_it ir� the hqne. At Victoria the people have about six bl4cks tp their �aorkshop -- t11ey [a��.k back and forth. A certain portion of theiir Salaxies a� khe workshop gqes �� the home wrhil� the Welfare Board pays the balance. The �iome is a ta� p�y�ng facility. The welfare department finds this works very much to the advantage of the ta�epayer. I��. Fitxpat�ick said it seemedl �o him the need fox this kind pf thing �S �vi�iei�t enough. Tde wande�ed iff angr other zoning would permi� this type of ,''� " ��Cility. Mr„ Clax'k �ead fxom th� �ity Code, Section C which perr�its this facili.ty ¢�$�h a Specia�. Use Perm,it. Ia� R-3 boarding houses a�e permitt�d. '�he defir�i� �ioa� o� ��pardi.Ag house ia desc�ibed as a mu],tiple dweiling w�.th a ma�xied c�ugsl� �d plu� nine guestse Mr. Schmed��Ce said he fias always said he would conside� the wishes of the ti�ighbprs, H� d�dri°t believe he has seen a neighbor heTe �.n favor of th�s p�rticula� �equs��. If there was more R-1 pxoperty, t�e wa� sure there wou�d be �q+qr� A�ighbors objecting. He believed that this building would p�obably be wi��in �0 �eet o� the p�ope�ty line of one of �he people object:�ng, and about 300 $ee� fxom anather �zea. Certainly if the Commission gives a Special Us� Pextlti.� fo� th�.s iot, we wi,ll be setting a precedent down the street. Mr. F�.tzp�trick said that he agreed with Mr. Schmedeke �ox most of his �oin�s, The p�pb�.e�q is w�ere dq these people turn? He agreed that Ghis is not �a� ide�� lpcatiout. What he was trying to get an answer to was where would a t�bre id�aZ place be? , Mr. �qlj,efsp�l �a�d otl� of the point� raised against bui�.ding �e�e �as ��anspoxtatigT�, kie �ubtaitGed a bus schedule �rom �he Dickinspt� I,iab�s �o preve �h�r� wa�s �ganspo�r�a��.o� bath TJorth and South. . Ch�i�'mar� E�i�.l�so� �aid Che thing that both�red him p�obab�y the mos� w�s th� �`�� hat th� Cf�y, at this point, do�s not lnave an ordinance to regulate ^ t�Dis �y�e o£ Use. I�' some�hing should go sageong, we have no xecourse. �hexe �� no &t�te I.aw, He wc�uld atot be in favo� o€ voting for a conce�G like thi� �1��7. �he �ocal comwut��.�y ha� an ordfnance. �Ie would rather see the ��que�� a 4 �lanni.ng Commission Meetin� - September 6, 1972 Page 7 at spate a�ttex location as it seems to b� introduGing a high densi.ty in a singl� � fam�ly community. M;C• Fitzpat�ick said it seems to bring.up anotheg question, About a moritl� �go the CopuR�.ssion wag at the point of discussing sCipulations a�ot�t the build- �ng. He was �o� pxepared, although he looked favorably upot� the xequeSt, to �xQpase �rQCOUnmendations with stipulations. Mr. Minish did not feel the problem was insurmountable. The City shpuld Gome forward with &qme kind a£ ordinance fox this typ� of faaility. The City �taf� coul.d work w�.th th� petitioner to determi�e pthex loca�ions w3,thin the �oA�ine�s o� �he City that would not require � Spec�.al Use Pgru��. 1�lQ�'ION by Fitzpatrick, seconded by Minish, that the PI�n�_ing Cqmmissior� Ap�re tp tabZe t13is request� SP #72-12, by B1ain� Const�uction Irac. to the firs� A1e��ng .�ri Oc�obex and ask the City Attorney to look at the present ordina.�ce- �tp see where i t couldf be chdnged and also propose whatever q.��.znance he sees to �'i� the City needs befo,�e the Planning Commiss�on eonsiders this request. i1pQn• ,a vpice vote, F�.tzpatrick, Minish, Erickson, Schmedeke vpting aye, Zeglen abs�taininy, the motior� passed. 2. CONTINUED PUBLIC HEAAING: REQUEST FOR SPECIAL USE PERMIT, �P 1�72-10a BY CHARL�S JORDANt Contir�ue service station and pexm�.� additi� of U-Haul ren�als on Eas� 125 feet o£ Lo� 1$, Block 2, Central V�ew Manor per Cizy Code Sect�ot� 4$, j.01, B, �. ^ Mr.�Charles Jogd� was presenz. 4hairma� Erick�or� explained that the Public Hgax�in� was c.losgd, The itsm was tabl�d to $ive the Commission a ahance to look at the site and come up with so�ne recoApnendations, M�. Ze�len addressed Mr. Jordan saying there didn'X seem to b� much x'oam �o �nouver the laxger trucks. He noticed there were trucks and six tra:�lexs +Sett�.�g up against the fence alongside the street. �id he intend to bring the trailers ta the Wes� side or North side? Mr. Joxdan said there will be a fence in front of �h� str��t ar�d U�Ha�I behind that. Cha�xman �Xickson said he noticed there was junk ak the baGk o€ the �t�t�on. H� drpv� by a day or two after the last me�ting. �here wer� 15 V�hi��.eS pax�C�d. It �.00k�d aa if Mr, Jordar� had a lot o� employees asad �us�om�rs tpo. PIr. Jo�rdan ��swp;ed tl�a� they work on ca�s c�£ cusGomers f�Qm Qr�an's anc� then the car� are parked on statio�a property until the owner pick� them �� 4� �ua�.ly a�tez work. �hey� have four trucks parking tempogarily qv�z nighG. The �e�s a�e trying to �ind a sit� for them on their own s�te. � Chairman Erickson asked if he had a lot of temporary parking. �� Mx. Clark e lained that yehicle xp parking is prohibited except as chown ��} ��e �od�, },�c�e� �ect�.o�, 4�.10�w �Subsection B, Paragraph 3, 11-b Vehicula� � � Planning Commission Meetin� - September 6, i972 p$�� g . � � � �. ^ ��Xkit�� is p�ohib�t�d except that the owner'$ and ei,:,�loyees' �u�omabi�es an�i a it�x3.mt,t�n o� 3 servi�e veh�cles taay be parked, and automobiles b��ng serviced may 'bs paxk�d �s�r � uiaximum period of 48 hours at any oz�e time. Gh�xman Erickeo� said his big objection 1s that th� pl.ace does not lo�ak el�an. 1rlac. Schm�dek.e sa3.ci th� Commission has granted M�. Jordan's �equest going €Tqm C-1 to C-2� The total square footage is 20,000 squaxe feet which is the � min�.�aum squar� gaota�e for C-2. He, also, couldn'�. s�s hpw a home, serv�.�� ta��.OA and v-�igu1 xe�tal can be operated on a mi�imum Squa�e fpotage. �4Q�'20N by Zeglen, seconded by Sch�edeke, that the Planniny Com�n�.ss�.on �'ecpmmend to Council ap,prova� of that part of. the request fox a,�pecial Use , �erl�.it, SP #72-10, by Charles Jordan to continue the service station on t�e �East Z25 �ee� �p�E ,Lo� 18, Block 2, Central V�ew Manor per Ci ty Code Section " �5..�01, B� ,�, Upp�J a voice vote, a11 voti,ng aye, the motion ca�ried unanimous�y. MpTTON hy Zeglen, seconded by 5chmedeke, that the PZa�ning Commissiol� reCOmme,nd to Council denial of that part of the request for a Special Use P@�'mit� SP #72-10, by C�jarles Jordan to permit the addition of U-Hau1 �'er�tals on �he �'ast 125 �'�et of Lot 18, BZock 2, Central View Manor per City:Code SeCtion A5.101, B, E fo�' �he present time. Upon a voice vote, all.voting a�e, t�� reotion caz'ried unanimously. ' ^ 1�', Zeglen said t}�at perhaps the request can be brought back when con�d�- tions wquld warrent. Cl�a�.rman $r�ckson said he wa�ted to make it clear that he was not against the pxVposal �e he was uiltil such ��me that plans are made �o u�grade the S�ation --� lands�aping and the sCation b�cough� up tp a�e�.sot�ab�,� appearax�ce. �, PUBLIC HEARTNG� ZONING RE�UEST, ZOA_��72-10, ROBERT SCHROER: I.oG 1, �lo�k 1, I,ots 2 and 3. Block 2 and North 230 fe�� o�' Blocic 3, �ast Ranch •... EsX�tes Znd ��idit�on. Rezone from M-2 to C-2S (general shqpPing areas). rj�. Ro�e�t SChroer was present. MOTIQN by Schmedel�e, seconded by Fitzpatrick, that the Planning Cornmission Waive �he readiny of the Public Hearing Noti�e €or the Rezoriing Request, ZOA. N�2-10, by Robert Schroer. Upo� a voice vqte, all voting aye, the motior� �ar�ied u�animo�sly. �Ix'. S�liroer �ave the following explan�tion: Sever�7. years ago he came in f9T a��c�ues� Xo xezone I.ots �+ and 5. A� khat ti�ne the p�operty along Un�vex- ,�iGy Av�nue wa� xezot�ed commercial, but Council would not.give rezoning to �he 7cest of the po�rtior� unt�l a pXOposal was set fox �he development of the property. They are naw i�. the pro�ess of deve�.oping the property. They have dug out the peat and put �� sand. They have at this time some contracts, one a pancake hou��, anoCher for a couple of firms which pXefer to remain anonymous, and are working ^ wit�i sti�1 an��her ��.rnt. The development will be speeded up if the requesz for ��,ing can be passed• The co�ercia�, zoning goes back apprpximate�y 1+3� f��et, T{l�y have sp�nt a gvvd de�� of money preparing �his parcel. �he p�rty inG�res�ed � . Planning Cammission Meeting - September 6• 1972 I�at�e 9 in the major pox��ion of the property to the North didn't want to be T�ext to something zoned industrial. Tt�ey were aslting �or Xeconsider� 8tion of thg rezoning back in 1969. Mr. �lark said the present zoning from Bob's Produce is commercial and thia request is from Bob's PToduce up to 79th Avenue including the �sla�d. �he island is an acre and presenXly zoned M-1. Mr. Schroer said they were requestin$ the peop�,e intexes��d in the property to develop into a Western style as they were trying to develop a Weste�n �tyle shopping �enter. He also stated tha� Ghe pl�t was re� �orded about two weeks aga. � The Ci�y �,s storing some sand on th� North prvpe�ty to b� used �or stre�ts. _ . I'�� Clark stated that the plat is served Frith wat�r and sewe�. Mr. Clark cantinued that if Council were going to �ezone the par�el up to 79tt� �4�ent�e, the second reading could be held up for p7.�ns. M�. Schmedeke said the only thing he wpuld frown on was the island b�in$ a service station, otherwise he had t�o Qbjections. �f"i, Mr. Glark said the C-2S setback requirements are quite a bit large� th� G-2. This �Xobably would restrict the building oa that island with �1t1 ��ghty foot setbaCk. Under the.C-2 the setback is 3S feet. What �s gQOd in c�-2S is also pexmitted in C-2� but the setbacks are d��ferent. M�r. $ehroex said that in� the past month or so they have had a lot Q�` inquixies due to the shopping center going in Nor�h of them. They � wqu�.d appreciate, i� this is in order, the reguest be m$de �o C-2 fax I�� , Blqck 1. , 1�'iT�'4N. by Fitzpat�ick, seconded by �egle�s, that the Pya�ng Commissipn Close the pub].ic �iear.i�g qf the Rezon.i.ngr �teQu�st, ZO,� #72-10, Robert Schroer. U,�� $ voice v�te, a11 votinq aye, the motiar� �arried unanimously. ��'`-'�-� �kl � 2r�t-�ai th i-n rk�r�3-�--..a � .. �,r _.. , _ .. _ a pr�.vaee oX �� island. Mr. Glark �aid that probably the Commission cou�c� r.ot recownet�d the zoni�g at�d say sexvice stations can't be permitted, but give di�ections tt� �ay wl�.a� you may pr may not want it there, �Ir. Schroex� said that as this develops to the Nort� of them, there wil� be loopbacks and you wi11 create more gas stations. The �oopback ot� Mr. Schroer s p�.at is pr_bably a bit smaller than thos� to the North. It is an acre in size at�d meets the M-1 zoning. f � MrC. S�hm�� aid his understandin� is that M�. ScY�roer �as to j�ave $�� typ� Q�„�?;�� befo�� rezoning, He had no ob�ectians to r��oning the ,whale'parcel, �sp�cially i.f it would help Mx'. Schroer sell the land. - � ��la�taing Co�seior� Pieetin� Septemi�er 6, 1972 Pa,�,� iQ .�� .,.�.� . ..__a � �,� �1 1��°, M��1�h e�f.d th�t in previous rezon�ngs, ths r��m�e�da�lA�s w�� v��b��t ta ��ui.idin� p��3.t bein� issu�d. w��ald i.� b� pas��,b],� P�r ,�ust �,� ��, 9�E't8 p� t�h� �e�qVesC bein$ approvedo �� ot �he wh�ole ��i��? �, ,•� � . �,�� T�TON �y �c:h�deke,� seconded �iy ��1�r�, that ��i� ��aau��i�a� �Qrrcnt�,��a �f c� ,��end a�,�xeav�,� �o CQtu/ci1 of th� �ezo�.fng rec,�uest, z0A #92��0, t�y Re�bert �r e � � ��'��.x� �A re�o�e &ots � and �; �1ock 2, and the Nor�h 230 �ee� of �1o�k 3. , ��s� ,��,�l� �Est�tes ,�nd frqm M-2 (heavy ir�dus�riall t� C�-2S (�ene�al sho�.pil�g . ��,�� zone �o� 1s ,&Iock 1. (the is�andJ f,�o� ,Nl�� lheav� �r��i��t�r�ia,l! � �� ,� i��+a�a� bus��e�� _reasl �d �hat tt�e �inal a'e�a�3.ng of t1a� ord�raarac� �� e�,� wetil t�e bu�ldin9 P1�� are app�rov�d �r�c� the p��mi.t �aker� o�at iP6��' �he N��:txde�'1y ,�a�'� oi Lot 2. u�vo� a voice vo�a. �i.�� vpting aye, �iae �t�� a��rx,�sd b�n�r�iar+ot�sly. � . _ M7�e �ttish said that �e wished to �o ot� recq�rd as b�3ng opppr�d to . �e�� 1.� ��oc1c 1, being used as a gas $tat�o�. Mr. S�hmed�k� ��.d h� wauld ha�v� ��,1c�ci tA �u� it ir4 the ittOtion to try someitla�n� besides fil.��lr�� statipns att �t�� s land, 4. �BLIL" HEARYNG: PRELIMINARY PLAT, PoS. �i72-04, B'Y MRS. F'I.ORE $W SONs Ge��11y lying South o� Z�A�ton Stxe�� ,�nd We�� b�i�b�0� q►YeA�1�re jel��. Flo�cet�� Swanson was present. �QZ'�'C�N b� SclureedeJce, seconded by Fitzpatr.�ck, that the P1�nzai�g CQmmi�s.�p� bv�g�r� �� ,��r�g of the Pub�ic 1�earing raotic� foz� tt1�� ,�.�e�Z.�m�z�ara� ,p�at� ,�,►��n Te.��aG�� by Mrs. ,Flo.rence �wanso�n. u�on a voice vt�te, a11 vG��a�� e the ��t�d3 carried unanirnously. ��! G1�rle �xx�lai.a�d that there i� � chang� in th� pxeli��a.ry ��.�� ;��t��l proposal �howed two lots, on� 8S fe�� and ths othex 7� ��etq �� .tione� �s�Cec� �hese lots be changed Co �0 �eet each. W�th th�� a$eo �� .at� & S�s. - Street � �tility �ubcommi.tt�� re�Qm��d�d a��x�av�� ' th� plat coatingeut upon the l��s keing plat�ed w�,th the ��a� e1� �� -v�� on Aahtan planted with a liv�.ng h�c3ge. 1'h�re a�'� two dif�ez�t�t �pni�� on �he �lat. A 25 Ar 3Q foat strip zoned �rtdastrial a�s �,djacen� to ,¢�sta��t� �vet�ue W'r.ich� �he petitiQner would like to have �cezon�d �o R-1. ��#.rt� �.l�t,c� � c��Qw �trip, by mutua3. ap�e�ment the zpning lin� �pay b� moved ta �M� �fi�� .��. The zoni.r�� lin� was put the�'e be€or� �h� stxe�� w€�s d�di�at�d. �%(FN .b� F.��ts��J�� seconded by ��hmedek�r �h�t tbe P,��nn��9 C�i�g�� ,�r�� g�ee�ve th� Tett�.� �Jated Se�tember 6, 19i2 ��ned by dyx��, �'��renGe �� ,+�or�,, .��gra� �tf �r "�1� Eas terl y s t.�'a p wha a�a i� r�ow �Qn�� s�r ��i gh t �i��'y� P�� r�z��c3 to R-�I b�► mutu�.� �greerrneer�t`°. �pon � v�� v��, �,i� V��#�`d� �iyep �8€: lr��rd �3�a'�'�,ed ul��nftrto4is.1�, Y�g. C1�rk �aid �h� teason, thi,s pro�edur� �an be dane is that �he st��g �� At wide eneugh to build anythi�g on in any zone. IG 4.s right along �he �`1 �e�s�ex�y bout�c�ary of th� plat. Ashtan Avenue is not paved, bu� wat�r an.d ��w�� c� itia �rox�ton �.t� �ot paved, bu� �lugo is pav�d. The 1t�Cs are ,��e� �;l�ar�. �1�(30� t�ua�� fe�� and meet tt�e grontage at tt�� setba�k lir�e�. ., v.. . � , ,rAS�.'V K' � /'�'� � 4 • Plannin� Commission Meeting - Septeml�er 6, 1972 pa�e 11T Thia stri� does have some history. Hearings on rezp�ing were i�eld three or four years ag,o as to what should be the category in th� area. Since that time the City has purchased, thru tax delinquent property,.all the l�,nd lying South and West of Ashton. Mr. Clark continued that Mrs. Swanson was a].ittle disturbed by the stipulation of the Plats & Subs. Subcpmmittee of a buffer next to Ashton Avenue. This was fo� rhe pro- tection of her own property. This is a little different gro�n most cases in that we would ask the industrial to rezone, but naw� the indust�ial was there first. Mr: Schmedeke said they were more ecology minded now. Robert Venne, 200 Hugo Street: He had a question regarding the zoning and whether or not the land would be developed industrially or sing.�e family. , . Mr. Clark explained there are five lots in the plat. Two lots f�ce Ironton and th� three lots would face the half cul de sac with the r�ar lots on Ashton Avenue. The industrial stxip is so narrow �h�t Mrs. Swanso� cp�Tdnet build anything on it. It was her desire to h�ve all the plat R-� so she could build houses. I�1�. Kurt W. Skrandies, 321 Ironton Street: He asked if there was some place fo�r $et�ing to the park. Mr�. Ken�eth Spoore, 301 Ironton Street: She said Mrso Swanson did pre$ent a letter to the City to buy her land for a park, but she has.not re�eived an answer to her offer of park land so she has gone at�e�d with th�s p�.a�. �ix. �]�tzpatrick said he could substantiate what this lady saido Mrs. Swanson has come before the Park Boaxd offering her l�nd for sale. It is Cru� t�is has been under consideration as park properZy �a'�n�unbez,of times, �Ig, Cl��k said a walkway easement between Hugo and tiae park was su�gested. �here was a short discussion about the walkway. Mr. Fi�zpatrick sa�d that actually there is no access problem going down Ironton and Ashton. Mx. Claz�lc said the tentative plans wex'e fox a ball diamond �.n �he fa� Sput�# end and large enough to be a football field. Hockey and skating rink ,�u�t NoXth of the �Aotball field. The Tq� Lot will. be in the area South of the proposed plat. Adult programs have not been scheduled ye�. M�. Ve�ne said he �oo did not know how sex'iously a walkway for children waci t�eeded. �'• �Xan1t I.am�, 280 Yrontot� Street: He was interested which way the houses would be f��ed and taheXe the �treet lights woulc� be. Nj�'t Cl��c. s�i� Gh� number of st�eet inte��eckiotis would not change. The stre�ts are dedicat�� now. The Cwo houses built on Irantpn wJLll be facing �'r�ntpn. Th� oth�r°"��ix�e houses will b� on the 90 degree bend so that they - can piGle up �xontage. � , 6 � Planning Commission Meetin� - September 6, 1972 Pag�e 12 a �ns MO�'ION by $chmedeke, S�conded by Zeglen, that the Planning CarrQaisszqr� .�e�ommend to Council approval of the preZimznary p1at, P.S. #72-04, Swar�p� Tesx�aCe, by Mrs. Florence Swanson, being a replat of the pro,perty lying South of' Ironton Street and West of Ashton Avenue with th� stipulatios� that Lots 1 and�2 be each 80 feet, and the portion o� the plat zo.ned M�1 be �'e�atied to R-1. Upon a voice vote, a11 voting aye, the motip� cazried u73c�rai mousl y . �. FUBLIC HEARING: PROPOSED PRELIMINARY PLAT, P.Sa 4�7�-OS �MEAI�W RUN ADDITION, BY FIVE SANDS, INC.: Generally located South of 79th Way, �ast of East Ri.ver Road, West of the railroad tracks and North of 77th W��. 0 �. R�chard Fudali was present. � MOT�ON by MiT�ish, Seeonded by Zeglen, that the Planning Corr¢nission walFve the ,�eading pf the Public Nearing notice for the p�oposed preliminaFy p1�3t P.S. #7a-05, Meadow Run Addition b� Five Sa�1ds Inc. U�on a voice vote, aI1 vp�ing aye, �he m�ot..i.on carried unanimously. Mr. Clark explained that about November 1970 a proposed plat was sub- mitted by the petit�Loner. The Planning Commissiot� reconmaend�d denial o� � foug points as fo],lows: � ' 1. '1°he lp�� a�e t�o small for 59 unit buildings as pXoposed. Z. The Gre�tion of lots without public access. 3. If plat�ed now, the City will lose what con�.r.wl it 1�2�s over the p�oject. 4. This was no� part of the original plan when p�esented fox rezon��1� atld building concept approval �n 1969. Mr. Fudali has gone to the Board of Appeals and goCten approval t4 complete the five buil.dings on a variance. Now three building5 are 100% �ompleted, one more nea� compietion, the Recreation rpom is 99% compleG�d. There is only one site pet to be buil� on. This one has aGCess o�f Eas� R:.iver Rqad conveyed by private easement. The South boundary is an open di�ch to Stonybrook. We may or may not need a wider easement along the cx�Qk. The reason for having a wider one is the culvert under East kiver Road is under-sized and possibly some ponding upstream fx'on► the easement may be needed. � Mr, Fudali said that originally the Recpeation building was to have a�eparat� legal description. That has been changed, becaus� the recrea- tional facili.G�es expanded to a greater degree than planned. They have tennis cou�tts, some 4,004 feet of concr�te patios, some children`s play -� s�'eas and wil� be planAing some more recreational activities. Due to the ��}eG thaK Lot � which consists of two 118 units and the �.ecxeation building are undsr pne financing t�}exe w�s �o reason for making a ree�eational area ou�let... - :,,�.,.... � � PZanning Co� seion Meeting - September 6, 1972 Pa�e 13 In 1970 they had only one building constructed and just one oth�x u�dex �onstruction. Ther� is water in the swimming, pool and a sauna i�s bu�lt, The time sch�dule is set up and the financing is set up. At the moment the legsl description is over seven pages 1ong, single spaced. He was splitting the tnortgages oA the first and second buildings and single mortgages o� the third and fpurth plus the recreation building on anoChex. He was trying �o keep tl�� taxes s�parated entirely for the mortgage�, Mr. Clark said that for the records, it ought to be men��.oned that the area o� only one of the lots was large enough fox' a 59 unit. The origin�l complicat�ons were made by the first surveyer. Now there is np probl.em othe� than the fact some of the lots have not technically had vari.ances. • Wiustott Jacobson, 121 79th Way: He said the only complaint he would have is �he head ii&hts still shine into his house. Mr. Fudali said the berm is supposed to be five feet and on top it w�ll be landscaped aad trees planted. He can't tell the Commission about the bez'm �n the area o� the far Easterly end. They have just been doing �ome gr�ding and landscaping there. , � MO�'ION by Zeglen, seconded by Minish, that the Planning Commission �lose tl�� public hearing of the proposed preliminary p1at, P.S. #72-05, Meadow Run Addition. by Five Sands, Inc. 'Upon a voice vote, a11 voting �ye, the motion ca�xied unanimously. Motion by Minish, seconded by Fitzpatrick, that �he P1ann3ng Com� mission recommend to Council approval of the Preliminary P1at, P.S. N72-O5, Meadow Run Additiori, bu Five Sands, Inc, with the stipulation that the dre�inage easement along� the South line may have to be made larger. lJppn a vp�.ce vote, a11 vota-ng aye, the motipn carzied unanimously. (�. LOT SPLIT REQUESTs L.S. ��72-07 BY JOHN KOPROWSKI: Lox 13, Auditor's Subdivision l�23 Revised. M�r. John Koprowski was present. Mr. Clark expla�ned that Mr. Koprowski would like to have the entire pax�el divided into three building sites. Actually one �ot is already $eparated and that b�ing the area to the East of Riverview Texrace. The remair�ing lpt with thB existing house would be 18,000 square feet which is �he m�.nlmum 1,0� requireme�t for a cesspaol. The lot a�eas for the other �w�o lots are 12,000 squ�re feet. The existing house by the �iver is lower than the street and cannat, by gravity, hopk on to the san�tary sewer. The house on the lot South of Lot 7.3 is also too lqw. Perhaps later on the two part�es could purchase one lift station and hook on to the sewer jointly. The Engi- �..� �eeing I?epartment �eels this arrangement wuuld be fine, but in fairness to !��e �etitipner arid the Gity, Mr. Koprowski should g,et a waiver from the ,Cequncil t� get �e�nission not to hook on to the City sewer. � Plannin� Commission Meeting - September 6, 1972 Page 14 Mr. Clark cantinued that they have had one case similar to this o� Mr. �ng Sivert's property. It was within the jurisdiction of the City to gxant such a waiver. Z'he garage for the house on Riverview Terxace is 140 feet off the right of way. Mr. Koprowski said he had the easement for the driveway.(15 foot minimum). MpT.IQN by Sc�rrtedeke, .seconded by Zeglen, that the Planr�in� Commission r�commend to Council approval of the Lot 5plit request, L.5, #72-07, by � John Kpp.�owski, .fo,r Lot 13, Auditor`s 5ubdivision �t23 Revision., subject. to a survey being furnished before the lot split is granted, showing the lot split divided into three separate building siteso The first building site is t,he physiqal split East of Riverview Terrace. The nexf portion to be the lan� remaining to the West and that said portion west of Riverview Terrc�ce be split ir�tp two building sites. The first to be 120 feet and the SeGOnd being the remaining Westerly part with a 15 foot easement for d.z'�.vew�c� purposes pn the Southerly side of the lot next to right of way. Upon r� vQice voteR a11 voting aye, the motion carried vnanimously. � 7. SUGGESTED AMENDMENT TO PLANNING COMMISSION MINUTES OF JULY 19, 1972 �- IN A LETTER DATED AUGUST 22, 1972 FROM DON A. SCHULTZ. In his lettex of August 22, 1972 Mr. Schultz requested a correction in the statement of the Planning Commission minutes of July 19, 1972 that "Mr. Schu�tz built an addition on his�home that extended over the lot line". The cox�'ection should read the "home was built in this manner originally before his ownership". � � MOTION by 5chmed.e�ce, seconded by Minish, that the Planr�ing Commissi,on minutes of July 19, 1972 on Page 6, paragraph 3, should read "Mr. Schmedeke said that an add�tion was built on his home that extended over the old 1ot line." bpon a voice vote, a11 voting aye, the motion carried unanimous�y. ADJOURNMENT : There being no further business, Chairman Erickson adjourned the meeting at 11:15 P.M. 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