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PL 10/04/1972 - 31130�l ^ PLANNING COIMIl�IISSION MEETING CITY OF FRIDLEY OCTOBER 4, 1972 PAGE 1 CALL TO ORDER: The meeting w�s called to order by Chairman Erickson at 8:00 P.M. ROLL CALL: Members Present: Minish, Zeglen, Erickson, Fitzpatrick, Schmedeke Members Absents None Others Present: Darrel Clark, Community Development Administrator APPROVE PLANNING COMMISSION MINUTES: SEPTEMBER 6, 1972 Chairman Erickson requested the following corrections be made: On p'age 3, the last sen�ence in the second paragraph be deleted; on page 5, the sixth paragraph, strike out the word basement ancl substitute apartments: on page 9, the first paragraph after the motion should be deleted. The second paragraph should be�in with "In response to a question by the Chairman Mr. Clark said------". MOTION by Fitzpatrick, seconded by Minish, that the Planning Commission minutes of September 6, 1972 be approved subject to the above corrections. Upon a voice vote, a11 voting aye, the motion carried unanimously. APPROVE PLANNING COMMISSION MINUTES: SEPTEMBER 20, 1972 MOTION by Fitzpatrick, seconded by Minish, that the Planning Commission minutes of September 20, 1972 be approved. Upon a voice vote, a11 voting aye, the aa�tion carried unanimously. RECEIVE PLATS & SUBDIVISIONS-STREETS & UTILITIES SUBCOMMITTEE MINUTES: SEPTEMBER 20, 1972 MOTION by Zeglen, seconded by Fitzpatrick, that the Planning Commission receive the minutes of the P1ats & Subdivisions-Streets & Utilities Subcorranittee meetinq of September 20, 1972. Upon a voice vote, all voting aye, the motion carried unanirrrously. RECEIVE BUILDING�STANDARDS-DESIGN CONTROL SUBCOMNIITTEE MINUTES: AUGUST 24, 1972 MOTION by Zeglen, seconded by Fitzpatzick, that the Planning Commission receive the minutes of the Building Standards-Design Control Subcommittee minutes of August 24, 1972. Upon a voice vote, a11 voting aye, the motion carried unanintously. RECEIVE BOARD OF APPEAZS MINUTES: SEPTEMBER 12, 1972 MOTION by Minish, seconded by Zeglen, that the Planning Commission � receive t.he minutes of the Board of Appeals meeting of 5eptember 12, 1972. Upon � a voice vote, a11 vo�ing aye, the motion carried unanimously. �'lannin� Commiasion Meeg� October �S9 1972 Page 2 �,,, RECEIVE BOARD OF APPEALS MINUTES: SEPTIIKBER 26, 1972 1 MOTION by Minish, seconded by Zeglen, that the Planning Commission receive the minutes of the Board of Appeals meeting of September 26, 1972. Upon a voice vote, a11 votinq aye, the motion carried unanimously. 1. COAITINUED: REQUEST FOR A SPECIAL USE PERMIT, SP 4�72-12, BY BLAINE CONSTRUC- TION INC.: To build a home for the handicapped on Lot 12, Revised Auditor's Subdivision �110 per City Code 45,051, 3, Fa Mr. Blaine Edmundson, Mrs. Ruby Anderson, C: R. Tollefson, Mr. and Mrs. John Gemperle and Mrs. James Gilbertson were present for this item. Chairman Erickson explained that the Public iiearing wa� closed at the last meeting. Mr. Clark stated the Commission had a letter before them written to Mr. Erickson's attention containing information about another privately owned facility for the handicapped in the metropolitan and outlying areas. They have made an application �t Coon Rapids andwere heard by their Planning Com- mission recently. The application was approved by themm Mr. Clark talked to Alan flamel, Zoning Administrator, at Coon Rapids. � He was told the site in Coon Rapids was 39,000 squaxe feet. There are two stxuctures, each housing about 12 handicapped people and a couple staying /°', with them. The rear yard of the lot abuts R-1 occupied property. Both sites are zoned multiple. One site is vacant and the other has a single family structure, a non-conforming use. Across the street from the site is commercial, behind is Highway ��10. This would be about 109th Avenue.. The State does license these occupancies. The one in Coon Rapids will have a two car garage and six open parking spaces making a total of 8 stalls. The lots are not required to be fenced, but shrubberies will be planted. They are proposing to put five more units in a planned development area where there is also a planned home for the elderly, a day care center and nuraing home. They feel that since the two homes have been approved, if the request for five more units is approved, it will probably be all they will approve and would make a total capacity of 84 people. The site ia the City of Fridley contains about 30,000 square feet. The .additional five buildings in Coon Rapids are located in an area where large str�ctures will be. The buildings will be more fitting to the neighbors than perhaps this one would be. Chairman Erickson said that he received a call that afteraoon from the petitioner asking that he be permitted to introduce additional testimony. He informed Mr. Edmuudson�Chat the Hearing was closed and suggested he write up a brie£ memo containing �rtiat additional information he would like to interject. The County does aot require a licease but the State doea. There are • rules and regulationa that govern licensing by the State. These are handled �...1 in Coon Rapida by a Special Use Permit. Planning Co�Lssion I�eeting - Oc�:��b� w�a f, � 9�2 Page 3 Chairm�a Erickson said th�t if the City �sas not goitag to license these `''�� homes on the City level, we would not have coaatxol. A suggestion was made to issue the Special Use Permit on a�a annual basis or wtaatever period of time the Commisaio�t would suggest. Mr. Ndinish s��d his concern was tYce size of the house which was a multiple use in si��le fa�7.y dwelling are�s, w�aa� wro�ld happen in case the facility rasa closeda Nix°o Clarlc s�ad �ttae bu�tidin� c�ulcl pr�bably be used for � boarding taous e . 1bOdION by Fitzpatrick, seconded by Schmedeke. that the Planning Com- mission reopen the Public Hearing of the Special I7se Permit, SP #72-12, by BZaine Construation Inc. to enable the pe�itioners to malce their presenta- tion. Upon a voice vote, a11 votang aye, tlae motion carried unaniar�ously. Mr. Edmundson said he �Yied �o ex�ress in tl�is letter in a brief way what they were trying to say. The lar�e envelope fihe Commission received .' contains a bill that is going ito be p�esented begore the State Legislature. It is not a final bill at this point. There is a question of including mental, as well as physical, disab�lity (10-3-72). The Mi�anesota Govemor's Commission on Employment of Handicapped Persons feel ve�y definitely that in some cases both physical handicapped and also the mentally retarded and aged are being discriminated against in certain locales. Illinois passed this bi11 in 1971 and sent it to be used as a pattexn for Minnesota. � � It seemed many people that they talked to were not against this facility, but still didn't come to ttae meeting aad apeak for it. The petition was sigx�ed by people wtao live in ihe immediate area. Mr. 0° Loughlin, who was against the petition, has sold his property and the new property owner has signed this petition. Dro Gilbertson signed and he is within 300 feet. Miss Hubbard was here a� the last meeting and spoke about it. These two work with this type of people, are in the know and understand them. They would not have approved this facility if there was a probability of danger. Dr. Gilbegtson works at Lino Lakes Hospital. The point he was trying to make was th�t these people are familiax with the handicapped. We have here the type of setting that ia being looked for. Mro Edmundson answered the s�atement "Why don°t you go to Spring Lake Park or Coon Rapids, why doe� i� �aave to be in Fridley?1° by saying that they f_�el this is the type of settin� these people need. It is also the type of setting the Welfare �raats to see them in. The site is a break between industrial and reside�tial. What safer one could they have7 At least they would be in tiae reeidential area and thi� is i�portant to them. Mr. Fitzpatrick s�id that he a�re�d with Mr. Erickson even though some of the objectiotas raiaed by the neig�b�+rs might border on the discrim- inatory, but not those of the Planaing Comm��sion. 7Che other consideratioa of M�cs. Aaderson and the property itself -� he felt for her having to remain burdened with R-1 zoning on that property. She ha� paid in taxes and asseas- ments $3,200 since her home was destroyed ia 1965 according to 2he letter ^ submitted by Mr. Edmundson. She still owes $2,100 in a.sseasments. Planning Commission Meeting - Uctober �, 1972 Page 4 Mr. Minish asked if it would be feasible to reduce the size of the � building. Mr. Tollefson said that what happens is that the minute you take off one bedroom you destroy the balance of six and six. You would be down to eighte It was not feasible. Twelve is a�ood size. Th� State allows up to sixteen. They felt that was too much for one couple to do the job. Mrs. James Gilbertson, 6801 Channel Road: She said that she and her husband, Dr. Gilbertson, signed the petition both times. She was surprised at the objections. Chairman Erickson explained that �he reason the Commission delayed the petition was because of the objections. People expressed their fears, anxiety and location in the neighborhood. The Coffii,ssion was also concerned about the fact that they were not sure whether or not the Coumnunity or State had control over this type of operation. They were assured now there is a State license. Mrs. Gilbertson said that Dr. Gilbertson is a clinical psychologist • at the Minnesota iteception and Diagnosis Center located in Lino Lakes. He has worked with the�e people. She and her husband felt that these people . do really contribute to the community. They will a11 be employed and have jobs up to their ability that will be worthwhile. The Gilbertsons live on Channel Road and are within 300,feet of the site. They have two children and ahe would not fear them at all. As a resident close to the property, she � would not be worried about them, but would be worried more about a drug user coming into the home. Chairman Erickson asked Mrs. Gilbertson if this facility were built right next to her home, she would not ob�ect? She answered that she wouldn't. There is no reason for it. She thought about it for two days. She would have no ob�ection to this type. She did not want her decision to be one of those things you get on the band wagon and then the next day wonder why and get off it. To her it is like a half way house. Here there is environment, park, work, transportation on Central Avenue. Ideal. If it was said that they were putting it next to her home, it would be perfectly all right. Mr. Kenneth H. Becker, 1380 69th Avenue: He said he also lived on the same street as the proposed building. He agreed with Mrs. Gilbertson. If all the apartmeat buildings on 69th Avenue can be built with all those people in it, what is another fourteen on the end of the block? Mr. Schmedeke said his concern was still quite similar to what it s�ould be if they were near neighbors. iie wondered if he were a contractor and building a lot of homes, if he would build a project like this and be able to �et the same pr�Lce for homes on eitS��r side. He sympathized with these people and others concerned. His wife does not work with this type of people and neithex understand them. If a situation came up, he did not know how he would handle it. i� . P�Cs. Gilbextson said that was why she was for this petition. Here we l�ave a�hanaa �o Pt}� �he� i�n �y ��6�}�ity. � Fl�nnin� Commission Meeting - Octobep �� 1972 Page 5 Mr. Schmedeke said at the last meeting the su�geation was made to look '� for an area but aot in this i�nediate vicinit}�. Mr. Edmundson said they had looked somewhat, but they were back to the same thing. The same questions will be asked wherever they go. It should be in a residential area. 'Here it is on the borderline. He did not know why it ehould make a difference whether or not they put the building here or some other place. At this point, he could not see how it could be economically feasible. The house may not be full a11 the time. The maximum is twelve. It may be down to eight or ten. It may also take a while to get it up to the maximum and then agai.n it may dwindle. If you consider getting it to eight, then you would propose making it even possible to have a second building to house a total of 16. They would rather leave it at 12. Mr. Clark said he had asked the same question of Alan Hamel, Coon Rapids. He thought that services rendered to these people by others or traas- portation, such as mini-bus, where it is better to have more than 4, 5 or 6 to serve at one location. It is easier �o pick up 8, 10 or 12. Mr. Tollefson said that oae of the people contacted around 69th Avenue has an adult brvther who is retarded. He is one of those �hat are kicked around. He ependa a little time at different relatives. This house is for adults. There is no limit as to how old they have to be or when they have to move out. Some of them may stay for a lifetime. Mr. Edmundson said he grew up with a fellow who was handicapped -- he ^ had palsy. fle had not seen him for twenty years and got a call recently. This man was working in a place on Lake Street for those with palsy and lived in a ho� of this type. He said "Blaine, I hear you are a builder. I need some help. I am getting married. The girl I am ffiarrying also works at Lake Street. She is handicapped in a different way, so that ehe can dr.ive a car." He pur- chased a new trailer house and lives in New �ri�hton. He wanted a ramp built as he could not use the steps. When Mr. Edmundson asked him if he was working, the answer was he was so busy that he had been working six days a week. The proposed housing is the type of program for such a person. Mr. Johs Gemperle said that somebody was interested about finances. Did they know what it costs the County fox each resident? $530.00 a month for every patient they have in Cambridge. In this facility, presuming the resident is to be accepted, the cost for each is $350.00. There are some residents in Cambridge that would come down here. MOTION by Zeglen, seconded by Schmedeke, that the Planning Commission rece3ve the fo.Ilowing: Letter from Community Lzving, Inc., Viotoria, Minn., dated October 3, 1972J from State of I1linois, the Governor's Committee on Employment of the Aandicapped; News Release (Date line Chicago, August 23) '°Coa15"; State of IZlinois House Bill Numbess 2296, 2297, 2298, 2299, a11 August 1971; Petition for the proposed residential Facilities for the Handi- capped on Lot 16, ,Revised Auditor's Subdivision �10 together with a letter dated October 4, Z97Z sigr��d by Blaine Edmundson and Chester R. Tollefson; and also a bill frpm the Minnesota Governor's ConQnission on Employment of ^ Handicapped Persons. Upon a voice vote, a�1 voting aa�e, the motion carried . 1��!�t�esly. Plannin,g, Co�tission Meet� - October 4, 1972 Page 6 � MOTION by Fitzpatrick, seconded by Minish, that the Planning Conanission c3ese the Public Hearing of the Special Use Permit, 5P #72-12, by Blaine Construction Inc. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Fitzpatrick said that the Commission would do well to confine its discussion to all matters pertinent to the petition other than the character of the proposed residents. There are many legitimate concerns we might have, but we ehould not continue to sit in judgment on the kind of persons who will live here. Mr. minish wondered about the other apartments in the area. Mr. Clark answered they were speaking of the Roger Larson and Bob McGregor townhouses. The Larson complex is about one half mile away and the McGregor complex one quarter mile away. � . Chairman Ericksoa said that if the Council wished to approve this Use, that a limitation or renewal type be placed on the Special Use Permit so that the renewal can be denied or extended. Mr. Fitzpatrick, referring to the letter from Mr. Edmundson with the petition attached, said the letter pointed out that one of the two people who would be living the closest to the proposed house, has since changed hands and the new owmer signed the petition with no objection. Mr. Clark eaid the plans show a 35 foot setback. The other homes set � back about 75 feet. Chairman Erickson said the Ordinance would not perm3t a 35 foot setback without a variance. Mr. Minish asked if this lot were big enough to split to�allow two building structurea but housing the same number of people. Mr. Edmundson said there would be a problem getting sewer and water. The lot to the South is low �nd they have to get a Special Use Permit to put in a home sewer and well. Mrs. Gilbertaon said that they are in the proceas of hooking up to Fridleq's marveloua sewer system. '1'he coat is astronomical running close to $5,000. They have to have a lift station. Mr. Clark said that if this lot were divided into two structures, they could be fed by gravitq. The next lot South is quite a bit lower and would require a lift station. Chairman Erickson said that if this type of operation would be practi- cal, they would have to have two supervieors. Mr. Tollefson said the cost would be unbearable. Mr. Miniah said that it'comes back to the deaire to locate in a resi- dential area aad yet the etructure would be much larger than others in that area. � Chairman E�iclt�ot� c�}g�ked the floor plans and stated that the building could be turned into a duplex if the operation �rexe closed for some reason. Planning Commisaion Meeting - October 4, 1972 Pa�e 7 ,.� Mr. Fitzpatrick asked if the Special Use Permit were permitted, would the petitions have to go to another Subcommittee: �1 The plans would have to go before the Building Standards-Design Control Subcommittee after Council's approval. MOTION by F'itzpatrick, seconded by Minish, that the Planning Commission recommend to CounaiZ approval of the Speoial Use Perm�.t, SP #72-12, by Blaine Construction Inc. to build a home for the handicapped on Lot Z6, Revised Auditor's Subdivision #ZO per City Code 45.051, 3, F, with the stipulation that because there is a question of just what kind of building we are dealing with, that the request does go to the Building Standards-Design Control for review and reco�endation; that there be an initial period of three years for review of the Special Use Permit, and annually after that timej that the structure be in conformance wath the proposed State requirements; that the number of p�rking stalls be 8; limitation as to occupancy being a maximum of 12 occu- pants plus two supervisory personnel; that no variance be granted for the existing setback requirements; that shrubbery be used as screening on the East lot Iine, and later provide a fenoe if felt necessary. Upon a voice vote, Fitzpatrick, Schmedeke, Erickson, Minish voting aye, Zeglen abstaining, the motion passed. 2. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP ��72-13, BY GORDON G. SWENSON: To conatruct a building to be used for repair shop, specializing in brakes under City Code 45.101, B, 3 D at 1010 Osborne Road. Mr. Gordon Swen�on was present.. MOTION by Schmedeke, seconded by Zeglen, that the Planning Co�nnission waive the reading of the Public Hearing for a SpeciaZ Use Permit, SP #72-13, by Gordon G. Swenson. Upon a voice vote, a11 voting aye, the motion carried unanimously. Mr. Swen�on stated that he has the propertq on Osborne Road and would like to put up a shop specializing in brakes, pick up �nd servicing , the largest vehicle up to 3/4 Toa, tune up work, shop work, but no gasoline. The building to be designed to look like the present etructure next door. All the entrance doors would be on the rear. It would look very attractive from the street. Mr. Clark said the VFW is adjaceat to the East and the old Nagel house to the West. Mr. Swenson said that he was going out of the grocery businesa -- two miai-grocery stores on Osborne canaot make a living. If the VFW would use the back parking lot, they would not have to use his lot. Mr. Clark said that the zoning was C-2. Prior to 1965 you could build ' commercial cn aa industrial propertq. After that time industrial buildings had to be in industrial zoning. 'I'he lot meets the minimum requirements for a n �ouqa�xcial lot . Planning Commission MeetinQ - October 4 z 1972 P�ge 8 ^ Mr. Sweason said that eventually he would take the Nagel house down and use one wall of this building as the wall of the next building. The drive- way between his store and the VFW is his property. Mr. Clark said the building plans meet �he Code. MOTION by Zeglen, seconded by Fitzpatrick, that �the Planrai.ng Commission close the Public ilearing of the Special Use Permit request, SP #72-13, by Gordon G. Swenson. Upon a voice vote, a11 voting aye, the motion carried unanimously. MOTION by Schmedeke, seconded by Zeglen, that the Planning Correnission recorr¢nend to Council approval of the Special Use Permit, SP #72-13, by Gordon G. Swenson to construct a building to be used for a repair shop specializing in brakes under City Code 45.101, B, 3 D at 1010 Osl�rne Road with the garage doors on the rear of tihe building. U,pon a voice vote, a11 voting aye, the motion carried unanimously. 3. PUBLIC HEARINGt RE UEST FOR A SPECIAL USE PERMIT SP i�172-14 BY ERNEST M. HARPER: To construct a detached second g�rage to house one car and boat on Lot 2, Block 1, Rice Creek Plaza North Addition per Code 45.051, 2 A. Mr. Ernest Harper was present. MOTION by Fitzpatrick, seconded by Schmedeke, that the Planning Com- � mission waive the reading of the Public Hearing for the 5pecial Use Permit, SP #72-14, by Ernest M. Harper. Upon a voice vote, all voting aye, the motion carried unanimousZy. �'�1 �. The comment was made by Chairman Erickaon thaC the lot backs up to industrial property. The existing building is 14.4 feet from the side lines. � Mr. Harper said that this was the only feasible way to go. He will give enough for the drivewaq. He plans to put in a concrete driveway. The garage will have a hipped roof. Mr. Clark told Mr. Harper that there is a six foot easement along the rear of the lot. He would have to stay off that. MOTION by Minish, seconded by Zeglen, that the Planning Commission close the Public Hearing of the Special Use Permit, SP #72-14, by Ernest M. Harper. Upon a voice vote, a11 voting aye, the motion carried unanimously. MOTION by Minish, seconded bg Schmedeke, that the P1an.ning Commission recorr�mend to Council approval of the request for a Speaial Use Permit, SP #72-14 by Ernest M. Harper to construct a detached second garage to house one car and boat on Lot 2, Block 1, Rice Creek Plaza North Addition per Code 45.051, 2 A. Upon a voice vote, a11 voting aye, the motion carried unanimously. �� TO PUT ��T�� 1�� Q Lot 1, r A�i'.' Amborn was present. �TCE ACROSS AN , City View A tion. BY Plannin� Commission Meeting�- October 4, 1972 Page 9 ^ Mr. Schmedeke explained that the Plats & Subdivisions-Streets 6 Utilitiea Subcommittee asked the four property owners involved in this problem to meet with the Subcommittee on September 20, 1972. Three of the four owners came and all preferred to have this strip closed. The general feeling of the Subcommittee was that if it would not be opened for a atreet, it should be vacated. Going a etep further, they considered the extension of 57'� Avenue betweea 6th and 7th Streets to allow traffic going�South on 4th, Sth and 6th Streets to make sa easier route to 57th Avenue. There are alleys aad sub- streets all over the City of Fridley that he hoped to work on or clean up. Mr. C1ark said that the 33 foot strip would be divided in half. Mr. Amborn said that he had talked to the neighbor on the West and they had tried to get the crossing closed because of the mini-bikes, snow- mobiles and just everything goes through there. Mr. Clark said that many thin�s were discussed by the Subcommittee. Mr. Amborn's request was juat to fence it of£. The Subcommittee felt it should be made into a street and vacated. If they did not want a street there, perhaps a walkway or sidewalk could be the answer. The final decision was to recommend vacating entirely and divide the easement in half. If Mr. Amborn wanted to fence it, he should get in touch with Mr. Frank, the owner on the West side. Fourth Street does connect wifh 57th Avenue and 57th Place. Having another interaection that close to one that is also being heavily travelled might be dangerous. � The Commiasion woadered, if by closing this easement, they would be creating a long bloek. Ia the discussion it was pointed ouC there are many blocks in the City the same lengtl� or longer. Mr. Amborn said there are not very many young people with families living between this block and University Avenue. Besides most of the traffic is coming from the Weat to the East. Mr. Schmedeke called attention to Block 32, Hyde Park Addition saying it was a good example of t�e type of clean up work he would like to see. MOTION by Schmedeke, seconded by 2eglen, that the Planning Cou¢nission recommend to Counci.l approval of vacating the 33 foot wide extension of Sth Street between 57��i'�lvenue and 57th Place and also to vacate the 33 foot strip between 37th Place and 57th Avenue and that the City retain a ZO foot wide utility easement for the inplace sanitary sewer. Upon a voice vote, a11 voting aye, the mr�tion carried unanim�usly. ADJOURNMENT : There being no further business, Chairman Erickson adjourned the meeting at 10:15 P.M. 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