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PL 11/08/1972 - 31131CI� l�� "�I'�;��P��° , �`'�� 'I�ANNING CO;;;IISSIUN MEETING NUVE�`�'�K. �$ ��7? �� _ CALTa TO OR.L'rR: The meetii:g was cal.led to orde� by Acting Chairinan Fitzpatrick at 8:05 P.M. ROLIa CALL : Members Present: Erickson, Zeglen, Fitzpatrick Members Absent: Schmedeke, Piinish ' pthers �resent: Darrel Claxk, Community pevelopment Admin3.strator Jerry Boardman, Planning Assistant APPROVE PLAI�TUING COrfMISSION MINUTES: OCTOE�R 18 1972 PAr,E 1 MO�ION by Zeglen, seconded by Erickscn, that the Planning Commis:,i�n minutes of October 18, 1972 be approved. U�on a voice vote, all vo�l:iny aye, the motion carried unanimously. RECEIVE BUII.DING STANDARDS-DESIGN CONTROL SlifiC(��t:rT�°�I; ?��A�ii�i'ES : UCTO�I:!: �, 1.!??:' MOTION by Zeqlen, seconded by Ericksan, that the Planning Cor��ni.ssion receive the minutes of the Building Standards-Design Control Subcomrnittee meSting of October 5, 1972. Upon a voice vote, all voting aye, the motion carried unanimously. REC�IVE $UI�.DING STANDARDS-DESI�N CONTROI. SUBCOPIMIT'TEE MS?,UTES: OCTOBE� ?�1972 MOTION by 2eglen, seconded by Erickson, that the Planning Commission receive the minutes of the Building Stanciards-Design Control Subcon��-�ittee �nesfiing o� OGtober 26, 1972. Upon a voice vote, all voting aye, the motic:, •carried unanimously. REGEIVE PARKS & RECREATION CQ;�L�IISSION �fII�UTES : SF.PTE?iBL•'R 25, 1972 MOTION by Erickson, seconded by �eglen, that the Planning Comi;�ission rec�:�i:r� the minut�s of the Parks & Recreation Commission maeting of Septet;� er 25, 1972. Upon a voice vpte, all voting aye, the motion carried una:�imously. RECEIVE PARI:S & RECREATION CO^L�IISSIO:V ��1INUTES: OC'TOLI:F. 1G, 1972 MOTION 3ay Erickson, seconded by Zeglen, that the Planning Commission r�ece:,-:: the minutes of �he Parks & Crcreation Commission Meeting of Uctcber 16, 1972. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE BOARD OF APPEALS MINUTES:� OCTOBER 24, 1972 MOTION by Zeglen, seconded 1�y �,rickson, thal: t: � Plann.ing Corunis,ion r��c��iv: �k�e mi.nutes of the Board of Appeals meeting or O4LU��er 24, 1�:J72. Upor, a vUiuc. ,� vo�e, all voting aye, the mot�.on carried unan.imously. �'lannin� Coa�3,.�sios� I��etin� - N�e�� '��2 Page 2 � 1. PUBLIC HFARING: REQTJEST FOR A SPECZt� US� _�ER�IIT, �� i�72-15, B� LEE M. , _ MUGGLI: Constru�� .��x°}• buil�i�b� �.�� -k��.y� ��:�st�ing garage per Code 45.Q61, 2 A, in an R-2 �oa�e a� Lot 5 and Sou�h 35 f�st of Lot 4, Block 8, Hyde Parle Addition (6030 2nd St.). Mr. Mu�gli w�s p��n�a � , NiOT�ON by Eri.ckson, seconded b� Zeglen, that the Planning Commission waive the reading qf the PuUlic Hearing �14ticee SP #?2-i5, by �ee M. Mugc}li. Upon a voice vote, all Vqtir�g ayeo the mo�iori carried unariimous�.y. Mx'. Mugg].i exp�ained th�t the existing driveway is a� sin�le one. He wants to bui�.d a double �ttached garage. The present garage would not be seen from the stzeet and tkce'�reighbors woa't object. He has a building permit tq construct the new garage contingent upon getting ara O.Km to lceep the old o�e. He F��s a ne�d €o� both. Ttte mew garage will be far tkae car and the vld one £or stoXage. Acting Chairman Fi�zpatrick said that a x�uffibeg of the neighbors were nptified of this bui.lding, but not oae is herea � Mr. Erickson aslced if j:he old buildin� ��a�l �een �a�:�kwado Mz. Mu�gli �a3d �he old building is in A-1 condition. �t is about 16'x20' and a single car garage. There i.s 10 feet between the�lot line and the equipment can be wheeled out. He d�ove in the garage by the 22 foot driveway �xom 2nd Stree�. The footings arid the slab for the new garage were poured. �- The lumber is on its w�y. The Building Inspector checked the footings. MO�ION by Erickson, seconded by Zeglen, �that the Planning Commission clpse the Public Hearing �o� the request for a Special Use Permit, SP #72-15, by Lee M. Muggli to construct an accessory building in an R-2 zone. Upon a voice vote, all voting aye, the moti.on carried unanimously. MO�ION by Erickson�, seconded by Zeglen, that the Planning Commi.ssion x�e�ommend tq Cotbnoil approva], of the request EoX a Special Use Permit, SP #72�15, by �,ee M. Muggli, tp cpn�tx�uct an accessory building per Code 45.061, 2 1�, in �� 2 zone v�ith two cqnditi,ons: 1) The first being that the addition conform to 'hhe �rchiteatux�e and finish on the outsi.de of the existing house. 2) 2"hat the existir�g garage be in good condition and leave it up to the d�.�c�eti.pl� of the Adm�nistration �Yaat i,t be 10 feet or mo�e £rom the new gara�e. Upon a voice �rote, all `ro�ing aye, the motion carried unanimously. 2. PUBLiC I3EARTi�TG: REQUEST FOR A SPECIAL USE PERMIT, SP �72-16, BY PHILLIPS PETROLEZJM CO,: To continue the �Jae of the service station per Code 45.101, $, 3, � and tp con�vext the North stal�. of the servi�e station to a car wash �nd in��11 a car wash maehine per Code 45.101, B, 3 H, located oa t�s S��h 12� feet of the East 1z0 feet o:� Lot 18, $lock 5, Rice Creek Plaz$ Soutl� Addition (�.ocated on the Northwest corner of Un�versity Ave�ue and �i8sissippi Street). ^ Pxese�� i�r�� Ph�11i�s pe�roleum Company were E. J. Fbatar�an, Engineer for -- Phil7.ip� Petxolel�q �d gteve Falmquist, repres�ntativea P�.anning Com�s��.on $�e�ting ° i�. �v�� 2 Pa�e 3 � � MOTION �y �z�ckson, secpnel�d b�r Zegl�sa, tkaa,�k tlze Planni�g Comm�.ssion waive the Xeadi.ng of ��e F��'_�° '��agi�ig �TO�� =��° �_.� �-°��uest for a Special Use PErmi.�,, 5P #72-16, by Phillips PstXOleum Cotnpanyo t1p�r� � voice vote, all voting aye, the motiori carried unanimpusly. Mr. Palmqu�.st explained tha� the� �aould liPte �o ��le� �he existing North bay and instal�. � mini-auto car wash. �o avoid removing the rear wall, they wou�.d make a dxive-through sta11. `The cars would entex fgom the West side aad �xi� on th� Eas� side. Modifica�ion Co the building would consist of in�tal.ling aa pverhe�d door. This would be one of these sadaller car wasl�es op�xated by o�,e individualo It probably t�ould be a f�ee car wash with a fi�l of gasoliae. Actin� Chai.rtnaxt Fitzpatrick asked if it would be open to the public if thsY did not puxch��e gasoline. Mr. Palmquist said they would not have a chax�e for the e�x wash, but iz would be tied in wi�h ttae g��ine saleo Mx. Ze�len asked what a fi11 meanto Mr. Falmqui�t sa.id whatev�r it Cakes to fill f��s� �aai�Cm Mr. Zeglen asked wh�t was so wro�� ab�u� �i�vin� ��.K: ��.� �o in from the back of the station and go around to the front. Mr. Palmqui�t answexed that the management would rather have them come ' from the West and gq out to the �ast• �� Mr. Fitzpatrick said if they came in froffi the West,,they would be exiting a� they do now from the pump. He ac�d�d that the intent is then to have the people in for ga�oliae and leave the pump fo� �he car wash. �. Mr. P�lmquist said they were txying to educate them to use the island on M3.ssissippi and have them go through to the No�th and enter on the West side of the building, Pau1 Klaverkaaap (Attorney repreaenting Holly Center) 1705 lst National Bank � Building: Ae said t�at ths Shopp:ing Center is opposed to the Special Use Pei'm�.t, as the cax wash caould just add to the traff�c problem. The main con- Cs�nt is the i.ngress and egre�s. �hree or four cars backed up would block a auanber of the accesses. The�e� i�n't enough room. There raould be blocking of t�affic on the frontage road and aaa either side �f the station. Mr. Falw.quist answered that this is the type of car wash in the filling st$tion �►t Interstate ,�694 and p�ivexsity Avenue. These washes do not generate this type qf tra�f;Lc. M�r. Klaverkamp felt they could easil� l��ve four to six cars waiting, but �here wauldn't be room for this ki�d at thi� stat�on. There is a uriique situatioa of the frontage road surroanding th� �tation. Mr. �almquist said the bu�.�.d�ng itself is 45 fee� with stacking for six ^ cars• 'The acce�s to the sexvics xoad is on tl�e South side of the property. �tacking wpuld b� �.�, the Nox't#�/Soµ�h clirection and not it�e East/West direction. � The scee�s �� o�'f �'Ii,ss�-ssippi Strge�. �"hexe wi��. be no ��s stacking up on t�� ss�evice �oado � �. _-. ,�`� �lar�ning C�ami��ic��a ��t�� N��,,,.�� .��12 Pa�e 4 �. Mz, Rlav�xk�p at��wered �hat �s fa� as 'b�.��4 up i� c��c�rned, wr� �an� only spe�ula�e how iuuck� b��i��s� ��ae�;e� wiA7, be< �,�� :�� ns�, ��x p�vperty off Mis�i�sippi.s but the sta�ls��,g wcyuld b� an our pxop�r�ym MO�'ION �y 9�glen, secv��d bp E�r�akson, tki�t �� P�.��.ng Commission close ths Eub7.iq I3�alring s�f �Pr►e rsq��st fox� a Special U�e Pe�.i,tB SP #72-16, by Phi�.lips PetrAletun �or�axiy. Ugon � voice vote, al,l voti�g �ye, the motion carxied ur;�nimously. Act�a$ Ch�.i.x�a� ��tzpa�riGk a�ked Mr. Clagk i£ tct�e�� r��re aaiy reco��ada- ��.a�� by cn� G�.�y. The e�cp��aati�n wa�s th�t t�h�x� i� an accesa �� showrra ox� �he Southeast cor- ne� ju�t of� Ur��.v�rsity. Anoths� �n��rance is �ust off Missis�ippi on the South- we�t coxne�r aud a third acces� oa tl�e Alortheast cqra�er of t�a� lot. Mr. Clark then aske�i Mr. Pallatquist if P�i,X�.�ps Petxol�um wa� cpt�sider�� closin� off the ac�es� on the Southwest corA�r o� th�' pgope�tya His �nswer �� "no". Mx. C7,$rk s�id one opinioa wa� that there is the pos�ibility of people ��ying �o $et in the �tation oa th� Southwest �ora�� f they can't get on to '�' th� 1ot bee$u�e o� ��xs bac%ed up. 7l"h�.s could ^�fect the traffic on the s��,'Vic.� dr�.V�. There is qu�ite a��: �� diff��h�� : .c��kimm� room if you e�.�.m�i.uate tfi�� Southwest enkrance. �. �'it�patx'�ick said tha� i� t�� people axe encouraged to use �he Eastern �cee�s, ebou�.d th� W�s�e�n b� c7,q�ed off? Mx'• �7.�x'k �ai.d that the concera� would b� th� probatiility af spmeone backing aut on the se�cv�.ce drive: Tkiis type� of car e�aeh that We have seen in the City dp�s not h�v� a�arge �alume Qf tra��ic. MOT�C9N m� ��ckson, secp�ded bX Zeglen, that the Plan�ing Commission continue tM� �e�uest Por a S,��cial �i$e 8srmit, SP #72�-16, bX Phillips Petro- l�um CQ. �ti1 �he mc�eti.ng o� NoV�naaer 22. 1972 �n order, to qive the members a chan�e �p �.oe�9� a�k the station and alsp have th� two ab�ent members present. U�on a voic� vo��, a11 voting aye, th� nation aarxiec3 unanl1�ously. t ; , � � , �. SPECIAL USE PERMIT, SP �� ; Lot 6, Black �, M�l�dy Manor, vaaant, zo�ed R-1. Lat I��2 -�tequ�s� �Q bui.l�i � do�'�� ungalow p�� City Cod� 45.051, I,ot b ift I) �d T;at ,5 (�t��) , 81,ock 5, Me��dy Manora Mx, A�W�yn� Z�naox �a� p��aent. . BY DE WAYNE S zoned 3pon MOT�ON b�r E:�a,cicson, seconded by Zeglen, that the Plar�n�ng Commission waive �e a�e�darlg qf the Pulalic He�rinc� No'�ice fo� the �equest of � special use Permit, �F #72-�.7, by i�wayn.c� I,ennox. tlpon a voice �ote, all voting aye, the motion ��r�i�cl ►z�b�imo�x�l�r. Mr. �,�t��ox s�pl�i-n�� h� was p�.�nin� tp �uild a dou�le bunga]:ow an Lot 5, � wh�.ch �s R�2 �4�� d �e ��t a�p�aia], Use $erm�.t t� go on I,ot 6, zoa��d R-1, �1��qse �h� d4�3b�.� �►�g$�ow wpuJ.d go Qver on tha� lot. ki� wished to l�ave the ,� .i�y �,_ � �lanninp� �omm�ssion �eetin��ilo�p��;�, �a b�7� Page 5 double bung$low faice 74th Avenue instead of Sy�horny Stxeet because it would then line up with k�i� o��x��- ��as�:�e �aangal�e�ao �c� va��u:�r� �°�� a swimming pool on Lot 6. Mr. �lark said that previously there was a�etition for a variance on Lpt 5 only. Tt1� v��?�ance �aas granted, but on�. of the pr�vfsbons was that the double bun$�low face Symphony Street. Mr. I,enno�s now feels that Lots 5 and 6 a�e laxge enough without hav�ng a variance. The building structure i� basic��.ly o� Lot 5 and part of Lot 6. Mr. L�ox said beca�ase a thre� ear gara�e i� �equi�ed for a double bta�ngalow, tl�e �a�'a�e w#.11 be put w�erevex he can get a pe�mit for it. �e g�rage entranc� will be on the bac�C of the house. Te�ry Re�ngardt, 738� Symphony: His interest was in lcnc�wing exactly where the house woulc� h� glaced Qa the two lots aaad how muc�a it would go imto Lot 6. Ac�ing �hai�aa Fitzpatricic said the buildi�ag is 33 feet North/South with a 35 fvpt setback. This woul,d m�an that �ao�t of �f�e bu3lding is going to be on Zo� 5. Darwin �. Beck, 7391 Symphony: iie said they f�1t �t �his time a house of this nat�re should face Symphony. Now he is going to face it on 7kth whickr would show the homes on Symphony the East end of his hoaase and take up ti�e vacant �ot aex� door which wouid be just what they have been looking �t for three yeaxs. i�e felt it would ruin Symphony Street. He objected to �he deep back yard. ' W- C. Mea�.oy, 7378 Symphony: Iiis back �arsi would 1�e the lot next to J,�ot 6 whi�h is presently a siAgle familp lot. He �auld prefer to see a �ingle �amily dwelling on th,is lot rather than his back yard facing his yaxd. M�. I�ennpx said he could build a double bungalow on I,ot 5 and a house on Lot 6. ThAxwald Joeaannsea�, ?3�$ $ymphqny: He said h� didn't get a notice, but he 7.�.v�d �'ight on the corne�r o� the cul de s�c. Ae just bought that house a�ad pa�d a�re�t price for ito i�e did not see why they have to change the R-1 zox��ng. �,'he doubles to the R1r�rth and West of him we�e not kept up very ni.ce. I€ a house is rented, 3t �s t�ot kept u�. �ie di� not think the pro- posed buildin� would increase th� value o�' the �urrounding property. Mr. F�.tzpatrick said that the question seems to be resolving itself whether or no� th� multiple will be built on one lot or it would occupy two �.ot�. i'he questioa before the Comunissio�s is the placement of such a building. P�r. Re3 nga�Cd� asked if the zoxting of Lo � 5 made a daf iEerence in the requir�m�nts fog a home be�ng placed in any particular direction. M�. C1ark.�xglained �he requirements are that �he house is to be set sa fa� f�o� th� str�� nd tha� side yards do di�fer frcaffi the frant yard� setbacks. Plann�ng Co�ss�aaa �fleegi�� Jc��:x��rr_�� :�� Page 6 Acting Chairin�n Fitzpa��cPe asl�ed ifor a show of i��nds of the people in � the audi�n�e who wex� i�ese c�a� �1�?_� �.�.�m �rc� �,_:� ,:;.,,�� .' 7�e number was e�ght. MOTIOiV b�r �ric�.son, seconded by Zeglen, �aa� fikae P1a�raTng Comm�.ssion close ttie ��,lic Fiea,ri�g o� the ��c��est �'or a Special Use Permit, SP #72-17, by DeWayne Leririox. i]pon a voice vof.e, z�l vo�iaag ay�, tYae motion carried utianimous ly . Mr. F;Lt�patrick cot�mnented that the people who live on Symphony Street abject to this ],arge back yard. Mr. Lenr�ox s�i.d tk�at Lot 6 has a k�igh water table. If you were to pcat a buildi�.g o� it, you would h�ve �,q p�t in a�.ot of fi110 Mr. �],arlc s�id that tkas feeling.�he gets was �hat �he neighbors are object- ix�g to the buildi.n� because it wouj�d not face Symphony�. I�� Lennox had chosen to face 7�+�h Avenue Mr. Rei��ardt sa:Td he could speak only for hi�elf. His primary concern �ias that �hey woulcl end up with �, vexy large bacl� ,y-��d �hey'd all be peerir�g into. If it faced Sy�aphony, it would b� less of an objection to him. ' Darwin ,E�. Beck: If Mr. Lennox took the two ca� ��a��c: and faced Syutphony, h� wpuld�'t object. Mr. Cia�k s�d he could bui�.d 35 feet off the South line and 35 feet � a�f 74th, Avet�ue. �he front qf the c�ouble bunga�ow would be 35 feet fXOm r 1- �he lot �ine plus 33 feet be�.ng the setback equals 68 feet. The South lot �.ine wou�.d b� 32 �eet. � Mr. �rickso�n said that Mr. Lennox keeps referXing to the fact that the }�ouse would be further out if it faced Symphony. '� Mr. Clark ��id there wou�.d be ample space on both sides of the house i.i it faced Symphony. There wouid be 35 feet between the house at 74th �qenue �d 35 �e�t between it a�ld the South �.ot line of Lot 6. Mx. Len�ax st�ted h� did n�ot w�mt to face Syrmpk�ony. .�.cting �haixtpan Fit�pat�ick sai�i th$t in view of the great objection to the propp�a] ss �t was p�esent�d }a�,ze tqnight, it seemed to him that every- one in t�e audience obje�ted to tica� large �ack lot. MOTION by �xieksqn, seconded by Zeglen�, that the Planning Commission, in light q� the o��ositian as far a� the public and thei� unwillingness to accept the stru�Gtw�e orien�ed as th� petitioner desires, and i� view of the fact th� pet�tiqne� doe� not wi�h �o discu�s changing the dirsction of the k�puse, th� reqt�e�t fpr a Specia�. Use Permii:, SP #72�17, by DeWayne Lennox to bui�d �. doulale bungalow on �.pts 5 and 6, �1pck 5, M�lody Manor be denied. Upon a voia� vote, all voting aye, th� motion carried unanimously. Planning Commission .�eetin�_��c�m�� 8� 1972 � __ Yag� 7 �,,,� 4. VACA1'ION REQUEST SAi� �r`72-05� �3Y LEI� HEA�RIk5FN: To v.sc�te bw'a 4.ay, the cul de sac �n Veit'.� ��c�ition and. cc�r��i.�uc� i� as a privaCe roa.�.. Mr. Leif Henriksen was present. Mr. Clark explained that the Plats & Sul��ivision,-Streets & Ut'ilitie�: Subcommittee met on this item ear�ier this evening with the petitioner. They xecommended granting the petitioner's request to vacate the entire street includin� the cu.1 de sac. He wouid then deed back to the City a�0 foot utility easement along with a pxivate driveway easement for ingress and egress to the lots by the River. One of the reasons for this request is that there are lots (Lots 2 and 3) very close to the embankment of the River. �f he were to build the hqmes without the additional land coming from the vacation of the cul de sac and street, they would be too near to the River. Mr. Fitzpatrick said that Riverview Terrace is in and driver, un. Mr. Erickson asked if Mr. Henriksen planned li.ving in one of the homeG. Mr. Henrikson said he planned to live on Lot 3. He had the property surveyed and found out he did not have the am��ant of lacid �ae bought. MOTION by Ericksori, seconded by Zeglen, that th� Pla.ia,i_:�g Commission recommend to Council the approval of the request for the vacation, �AV #72-05, by Leif Henriksen of 64� Way and the cul de sac in Veit's Addition and that there be a 20 foot easement in the private driveway for the sewer and � water utilities as necessary. Upon a voice vote, all voting aye, the motion a carr�ed unanimouslx. 5. VACATION REQUEST: SAV 4�72-06, BY STATE LAND & DEVELOPMENT C0. (Paul Burkholder).: To vacate 55th Avenue between 5th and 6th Streets and the 12 foot alley located in Block 10, Hamilton's Addition to Mechan- icsville that is located between Highway 4t100 on the North and 54th Street on the South being the property of the Sacred tleart of Jesus Polish Catholic Church. Mr. Burkholc�er �ras present. He stated that this property is the North Half of th� Church cemetery. The entire block has been a cemetery since 1914. The northern part �ri 11 never be used as a cemetery. It was rezoged in 1969. 'x'he a11ey in Blpsk. 10 is still shown on the map. �:'hen there was a rearrangement during the construction of the Freewav, �5tt� Avenue abu�ting Lot 10 was not taken. If the site were visited, you would find in place cu�'b�ng which, he felt, shows no provision was made fc�r access on 55th Avenue. Mr. �lark said that again the Plats & Subdivisions-Streets & Utilities Subcommittee had this item on their agenda �arlier this evenin�. They recommended vaca�ing both the all�y and 55th Fzvenue. Mr. $urkl�olc�ex said the reason for the sale of the North Half of the n Church's pXqpexXy �s that there has been so few burials. This is a small independent Poli�h Church. a �� . _ „;' _�, Pl�� C�� ,-�,t�� . : z : > � Sr � >� - � � � � � � � - .� U e �z � ��- �, /� �-~�-:�- --� . - .��a?>-1 �-- e ss =�� - _ -- 5'7 � � _, � — � .� ..3 � _ t. __--- // �, , � ___—�-� — � cS% /1/, � / , � �� S`�''" � � ST. �it- , ----�-- --=--J — :_ 133� Sym�No�tY ar. �U.,E a -- - �3�� o �- , � � , �s 8' -- - --- � . , , , • �� _ � �r � r r �' Y �(� �".6-r"t' � �,— — ,- ,,� � L-S �: � _Y - — }�.��:; ---�. : , � ! i �� : � ; _ � � -. 1 .,. ,.: � ; - _ � <. � z `' ' '_ � � , � �.... � x} � y��, �_ . s�::.�r,.. ..-m..,.oa,. . .,,. ., _. �. .... �:5 .. . . � �—�...y.�. . . - 5�.� . . �'Y.�'`w° V . - „'- .r .. � `-�. . .._ ,.�_ .T.� �::, � , � � - " . �� , "s r`, , �� , � 'rt.y:. w � , �.. . z , . � �. ^;. . �� . � x