Loading...
PL 12/20/1972 - 31132,�1 PLANNING COIrQ+fISSION MEETING CITY OF FRIDLEY ' DECEI�ER 20, 1972 P�AGE 1 CALL TO ORDER; The meetin$ was called to order by ChaiYmazi Erickson at 8:05 P.M. RQLL CAI.L : Msmbers Present: Minish, Zeglen, Erickson, Schmedeke, Fitzpatrick Member� Absent: None Othexs Presant: Darrel Clark, Co�unitq Developm�nt Admiaistrator APPROVE PLANNING COMMISSION MINUTES: DECEMBER 6. 1972 _.._..._ MOTION by Schmadeke, seconded by Zeglen, that the Plannin�g Commission m�nut�s of December 20, 1972 be approved. I,Jpon a voice vpte, all vot�,ng aye, the motion carried waanimously. RECE�VE BUILDING STANDARDS-DESIGN CONTROL SUBCOI�IlKITTEE MINiJTES : DEC�MBEIi 7, 1972 � "' ^ MQTION by ZegleA, secondad by Minish, that the Planning Commissior. rec�ive the mi.nutes af the Bu�lding Standards-Design Control me�ting of Lecember 7, 1972. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE BOARD OF APPEALS MINUTES: DECEMBER 12� 1972 MOTION by �eglen, seGOnded by Minish, that the Planning Comm�.ssion rece�vE the mi�utes of the Baard of Appeals meeting of December 12, 1972. Uppn a voice vote, al], votin� aye, the motion carried unana.mously. ORDER OF AGENDA: Ciiainaa� E�.�ksva stated that xeceivin� tha minutes of the Plats & Subdiv�- siot�-Streets and Utilities Subcomau3.ttee meeting of December 5, 1972 will be recaived a� th� last i.tem on the Agenda, Item �i7, the Publ�c Hearing of the propo��d Pr�limin�ry Plat, P,S, 4i72-08, Osborne Plaza, by Standaxd Oi� Company wi11 ba �akea aa the first Item. �.. �'UBLIC HEARTNGt �ROPOSED PREZ,IMINARY PLAT,�P.S. i�72-08, OSBORNE PLAZA, 8Y STANDARD,�IL COMPANY: Geaerally locate�d at 7bp9 University Avenue. ----�--�---.. W, G. Hc►us�an$� repreaeated the Standa�d 0�1 Co. MOT�ON by P�.tzpatri�k, seconded by Minish, that the �lannit�g Comm,issios� �� wai.ve the read�ng o� the 1?ublic Heari�g IvoX�.ce for the propc�sed ?rel�min�ry F7.at, P, S. #72=�j8, 0�}�orne Plaza, by th� Standard �Jil. Compaay. U�on � voice vat�, ��1, vatin� aye, th� mot�.on carx�ied unanimously. � ��1 P�anain� Cammission Meetiag Deeember 20, 1972 Page 2 � � �'it. C].ark explaiaed that the request for plattia� was one of the r�quire- ments of the building p�rmit for the Staadard Qi1 Statiou and shopping center otherwise the legal deacriptioa would b� in met�a and bouads. They have divided the property ag it was described for the building permits. They have added a triaagular outlot on the E�� e�d. They hope to buy the pxoperty to the North aad combine it with the bala�ce of the plat for ac�eas to psborne. They stated they wauld t�.ot let ihis p3ece go tax forfeit because it is valuable for access. Actually, it would not be built oa because it is property the St. Pau1 Water Works has an easemeat on. The plans are to put plar�tings on it. They aze uow trying to buy it aad feel that they will be succe�sful. MOTION hy Zeglen, seconded by Fitzpatrick, that the Plat�aiag Commis$ion cl.oae the �ublic Heaxin� for the proposed Preliminary Plat, P,Se �72-08, Osborne Plaza, By Standard Oil Compaay, property geaerally located at 7609 Uni.vex�ity Aveaue NoEo Upon a voice vote, a11, voting aye, the motioa carried unani,moualy. MOTxON by Fitzpatrick, �ecpnded by Schmedeke, Chat the Planniag Commission �eaoa�aead to Couucil that they concur with the Plats and Subdivision - Streets $nd IItil3.ties Subcomsnittee r�commending approval of t�ie Proposed� Preliminary P�.a�, PeSo �k72-0$, Osborae Plaza, by Standaxd Oil Company pn all that part af tha Northeas� Quarter of Sectioa 11, lying Nor�herly of the center line of Oeborae Road artd East o� the center line of University Avenue subject to qutlot I1 being included as part of Lot 2. Upoa a voice vote, all voting aye, the $►otion earxied unanimously. Chairmaa Erickaon wondered if the recommeadatian should be made that the divieion be graated at a latex date.- Mr. 3chmedeke thought it should be attached now. Mr. Housenga was iaformed that Counc�l would, at their mee�i.ng af Janu$ry $th, �et a public hearia$ date for the second meetiag ia Bsbruary. z. busiaessj Publi.e Hearing open. .3. CODIT3�I�IUED PUBLIC HEASING: RE UNiON OIL COo: 5695 Haclmiann coati�iue the service atation. Public Hearing open. �UEST FOR A SPECTAL USE PERMIx, SP �k72-18, BY Avenue -- ta construct a convenience store aad M�. Glena Hubbard repr�sented Unioa Oil Company. , Cha�rman Br��kson said that aC their �ast hearing, the Co�mi.ssi,on recommended �hat ti�e peopl.e bs p�otified of tTi�.s meeting, and also a request was made to th� ^ City for a tra�fic count on Hillw;�nd �rivs to help ia determining whe�her or not �his loopbaGk was peeded. The �ec�uest bq Unioa Oi.l Company is to continue the use o� the serv�,ce sta�:�on oa that sit� and in addition, they wish pezmission to construct a conveaience store Sonth of Che service stationa In order to dp Et�is, it was felt ap, easememt should be granted and a loopback �ambimed. $lannia� Commission Meetin -�ecember 20, 1972 Page 3 ,,'"� , , � �"1 Mr. Clark explaiaed the p;oposed loopback using a blown�up copy. Lewis Hedluud, 930 Haclaaana Avenue: Mr. Hedlund felt the Uaiom Oil Company was being coerced into granting the easement in order to provide the loapback. Chairman E�ickson said the Oil Compaay caa cantinue the use o� the propsrty without rezoning becaus� the Use is under a grandfathez's clause. Mr. Clark said that the City felt if they were going to change the road and require additioaa], rfght of way it should be settled sow before the new station is built. Chairman Esicksan said the Ca�issioa has to make up their minds on several questions. First, is this corner such a traffic problem that it raill have to chau$e the traffic pattern. The State has offered to give the City the land to chaage the traffic. We have had some situatioas where 3t cost the City $2p,000 to get land for the loopbacks. Glea� E. Nelaon, 5747 Central Avenuet Mr. Nelson felt this'pla� would be ao improvement. Mr. Clark gave the following traffic count which was taken in ].970, for �4 hours: Hillwind Road, 670; Central Avenue around 3,SOQ cars per day. The prediction for 1975 was 5,000 cars on Centiral Avenue and 1,000 on Hillwind. S�e�.la A. Rowal, 5715 Polk Street; Ms. Kowal said ahe was especially bothered by the semaphore on Central Avenue. She felt th� timing was v�ry paor. George Fletcher, 5725 Polk Streete Mr. Fletcher staCed he has beea driviAg that road for 5� years from 7:00 AoMe to 9:00 P,M. and has never had one iota of a problem from that a�ea. � Answ�ring'the ques�ion of traffiC accidents at that intersection, Mr. Clark said he could give the accidents reported to the Fridley Poli�e Department, which did not include the State or County figures. In �971, f�om JunQ to December, the accidents on the $ast side o� Highway ��65 were seven. In 1972 there were si.x accidenta East of Highway ��65. There were three ac�identa on Cent�al and Hackmann in 1971 and 1972. �he Weat side of Highway �65 has more traffic �ccidents. Vivian Hedlun3, 930 Hackmann Aveauea' Mrs. Hedlund didn't thiak they could attribute maay of zhe acc�dents oa the East side of the Hi�hway to Hillwind Road. She did not thiak this particular �oopback would do aaything �or th�t p�coblem. Chairman Eri�kson asked if there was anyone present who used Hillwind Road, There wasn't. He said �he concern with H�.11wind Road was what will happen in the future when the developmeaC on top of the hil� and the vacaat pxope�ty �n betweea i.s completely developed. Joseph J, Braa�o, 5720 Polk Street. Mr. Branco brou$ht up the fact that the ^ ,buees fox a11 sehvole in Ck�e are� pi�k up the chi.�.dxen at the Hillwind interseetion. Waea°t th�re same way �o disect tkse traffic awap £rom Hillwind Road. He did not think �his plan would solve anything, k'hen Onan employees get out.of work this i;.ter- sectiou is impossibl�. Not having a right turn ofz Central withouz a stop sign is a bad situation. Pl�aning Commission Meeting - December 20, 1972 Page 4 � Charles Buzzell, Jr., 5741 Palk Streeto Mr. Buzzell asked if any of the s��eets would be changed as far as the width of the street, and how large an asea would be assessed. Mr. Clark said the City does not have a cost affecting land owaers yet because �his would be joint construction being this is a County Street with the City contributing. Siace this project would be a loopba�k, the adjacent property owners would be assessed. Central Avenue will be widened considerably. The road which intersects with Central Avenue is Hacl�ann. �'hat road is 31 feet, but the State pays."for what is equivalent to a normal State service drive and the City picics up the difference. Five feet w_11 be taken because 31 feet is not wide enough for passing. , Glen Ne�son, 5747 Central Aveaue N.E.s Mr. Nelson asked how much study comes with widening. Mr. Clark said the quentians oa the cost will come up again at a preliminary a$sesament hearing. Mrs. Hedlun�i asked what the citizens could do about it. If they could stop it now, why let it go on? Mr. Clark understood the preliminary design had beea State appzoved. /"1 M�. Buzzell felt there must be some project eost settled or understood before �It is adopted. He uuderstood a final analysis could�not be made, but thexe piust be some idea of the cost. Chairman Erickson said first of all the question thaC should be reso�.ved is whether or not the City and you people feel the txaffic is a problem to the exten� that some alterna�ive type of street be cpnstructed and how it is to be paid for. �a addition to the request for the street, which is really by the City, the petitione� is asking for rezoning of"the property so'that he can legally continue t�ie use of the filling �tation without the grandtather clause. However, he could coatimue the filli�g station without rezon�.ag. Mre Clark continued that the convenience store could be built without a special use pexmit and without any rezoaing. As hs underskands it, th� parcel i� big enaugh for the convea�snce store ri�ht now without the street. Mr. Minish asked if the convenience store was to be a separate buiiding. Mx'. G1$rk said it was and the only reason the intersection is being Gonsidered is �o avoid the proble� of having a new atructure built that would have to be to� down if something is dqne in the future with the zoad. �he qu��tion was a�ked thaC if this intersection is somethiu� of a t�a�f�c h�reatrd, why put the store ia? Also what direction would the convenience store #8ee, off �i�llwiad o� thea present site. Mr. Glenn Hubbard said they hav� occupi�d Xh� atat�.on £or 15 �►ears under the present zoning. About three years ago, the �.-.,1 woaing w�s Fhanged so that service stations were not permitt�d in tha[ t}ps of �oaing. They did not know this unt�.l they wanted to do &ome remodeling and �ace li'fti,ng on the statiou. Mro Hubbard said the remodeling would ccnsisr et addin� a bay amd a mansard zoof. He was asked if he were allnwed Co make the chan�es to the station, without adding a bay, would he still go ahead and put ,� /"1 ,''� ��anni�� Co�ission Meetin� - December 20 1972 pa�e g �a the eonvenience store. Mr. Hubbard said they wanted to put ia a convenieace st4re and se1� the land. They felt the coavenience �tore would be used, but no� duria� the rush hours of traffic. Mz. Minish recalled that this was a problem intersection a couple of years ago, when Pub1�c Hearings were held for Viewcon, Inc. There was strong concern th�t this would be a problem intersection. It waa aot the traffic on Hillwind, bu� traffic backing up oa Ceatral Avenue. �Not ju�t one street, but all of them. Chairman Ericksan told the audience that at the time of rezoning for Viewcon, the Camm�ission had many comments. The audien,ce has to realize there is gqing to be additiana� people using these streets when the land is fully developed. When the Shell station was asked'to give up land for the �oopback, it cost the City $22,500, We are tryin� to avqid that expense by planning ahead. Zf the station wex�s remodeled, there would be two accessea to Haclanann, two to Hillwiad, but from a traffic standpoint, the City does not like all these aGceasee. If this is going to be a part of the trade, it wi11 be part of the traasaction. Mr. Clark said that if there is going to be a change in th� intersection, and the Oil Compaay agrees to give the laad, let.'s do it now and not after the �tation is built. Chairman Ericksan cautioned the people not to forget the fact that the xeaaon this dis�ussion came up is the people complainiag about the traffic. Aan L. Will.iams, 5760 Hackmann: Mrs. Williams aaid that you will �ind the ma�ority pf the people here live in the ium►ediate area, Her driveway is the first driveway from that intersection oa the North side of Hacknnann. She has very seldoffi had to etop when she backed out of her driveway onto � Sacl�ann . A citizen coumiented that the assessor said they would be as$essed if the road weat thxough, He was told it was true. Mr. Hubbard sai$ he would like to get back to the or�iginal issue of the �ezoain$ re�ardless of the atatioa. They were agreeable either way about the 8�13t��n a Mr. Miaish $aid if the Planning Commission were to grant the rezaning, ther� Qnion Oil would be able to expand aad add a bay or rebuild. He asked Mr. Hubbard if he eavisioned there would be an increase of cars entering the statiom, Mr. Hubbard answered there would be a total of three bays in either case. They were most concerned about protecting what busiaess they have. You have to be mode�n aad keep up to daze in order to keep the business you have got. Ang Aew station built today is a three bay station. He was not convinced this woula cause a tr�ffic proble.na. M�c. �iinisR said whatever the traffic volume is, if the station is �.mpravedt �raffic wi.11 �ncrease. Mr. Hubbard said their building would not geaerate �ra��i.c, Che traffic is already there. ;� �, Planning Commission Meeting - December 20, 1972 Pa�e 6 MUTIUN by Zeglen, seconded by Minish, that the Planning Commission close the Public Hearing for the rezoning request, ZOA ��72-11, by Union Oil Company and the request for a Special Use Permit, SP ��72-18, by Union Oil Company. Upon a voice vote, a11 voting aye, the motioa ca�ried unanimously. Mr. Clark said that Parcel �2 is 30,821 square feet, the road easement is 10,592 square feet. Part of Parcel #2 would be on the opposite side of the service station. Mr. Fitzpatrick explained that it seemed to him t�i a11 came about because the Commi§sioa felt there was a aecessity for improving traffic at this inter- sectiono The Engineering Department submitted a proposal that is supposed to do just thato He didn'.t know is th�y were to set themselves up as judges as to whether this does it or not. He was not personally convinced this is a big imp�ovement in traffic cont�ol, but on the other hand, he was aot an authority to do that either. Mr. Minish thought that this plan represents, probably, zhe best approach to the prpblem at the least cost, but not necessary the optimum�to solve the prablem at increased cost. Mr. Clark explained that ju�t the extension of the island will proh�bit cars gett�ng into the �tatioa site and that w�ll be better than �t was before. �owever, the station people must feel they would not grant an easement without . co�t to the City if the access is cut off at this poiat. This plan is part of a repoit made by a tra�fic eagineering firm and approved in 1971 and they came up with about the same th�ag for th�s section. Concerning Che petition, Mr, Clark said the Spec�al Use �ermit was needed omly for the station, but i� Union Oil changed the plans and �ade one structuxe and bay and accesspry use for the staCion, the rezoning was necessary. �hairqian Ezickson added that the couvenience store part of the request was �eally nothing Co discuss at this noint. The Commission could just allow him to go ahead under the graud�ather clause withouk an� actiou. hi�. Schmedeke said he was not sold on the street plan at all. �hairman Erickson ga�d the �omm�ission at th�s point had two choicesa One, dea� ��e request for xezaning and Special Use Permit ta a�low the s�ation to exis� as �so Seeondly, grant the r�quest for re�oning so that the pet�tioner c�� exg�nd the station wit� stipulations whether ox not the service stat�on be reloCa�ed and that right of way be re-dedicated, �r, �inish sai� h� was concemed about the safety factors of this inGezt s�ctiono Qne of thQ con�erms at the time of the Viewcon reaoni�g wa� the proble� of t�af�ic �t Chis iatezs�c�iono Mo��U� by M�n�sh, seGOnded by Fitzpatrick, thaC the Pl�nnin� Co�issi��n re�ommead to Couacil denia� of the request for rezoning, ZOA "72-11, by �Tr.ion �' Oi1 Company, 5695 Hackasann Avenue, Co fiezonP from C-�S (lqca� shcpnin5) �o G�� (g�meral busine&s) and recommend deaial for the request for a Special Ls= 8��p�t, SP �72-18, by Union Oil Company, 5695 Hacl�ann Avenus, to conGi�ue the �e�v�ce station and ConstruCt a convenie�ce store. Upon a voice vote, all voting a��, �h� motion carried unaQimously. PlanninQ Commission Meetinfz - December 20, 1972 Pa�e 7 � Mr. Hubbard said the neighbors said they did not object, but the City wants a service drive there, and because of that they are denied the use of their propertyo Chairman Ericksan wondered if there was some way of allowing the third bay. If so, it would give the City time to solve the traffic problem, Mr. Fitzpatrick said the whoe thing is brought about by the Commission's misgivings about this proposed solution to the traffic problem. He would like to poi�t out to zhe Union Oil Company that what they were requesting might make a bad situation worse, although it was not relative to the Counnission's problem. Chairman Erickson said he had asked for an opinion about the feasibility of chaaging the Ordinan�e $dding a non-confvrmiag Use without rezoning. This is a possible solutivn to their problem. 4. CONTINUED PUBLIC HEARINGe REQUEST FOR � SPECIAL USE PERMIT, SP #72-19, BY` FRANK GABRELCIK: To contiaue the existing Use as a Used Car Lot and conduct an �nside_Repair Garage Shop to be lo�ated on Lots 6 through.l0, Block 28, Lot 16, Block 21, Hyde Park Addition per Gade 45.101, 3�, D and G. Public Hearin� open. Mr� Frank Gabrelcik and attorney, Andrew Rohlaa were p�esent. �� Mr. Rohlan explained that the problem seems to be ownership of the land and that the proper people be notified. �Lot 6, B1ock 28, Hyde Park Addition, dpes not go down to the South ead of the,property. Lots 12 and 13, Block 2, Citq View Addition, are included in Mr. Gabrelcik's property and so to the extent that any additional notices should be given on that petition, they would be covered. They hav� not lost any time on the request in this respe�t as he wants to use as much of his property as he needs. Any agreement for the Southern - ead of the property probably should be left open. Lots 12 and 13, Block 2, City •View Addition, go down to 57th Place - Country Kitchen. � Chairman Erickson asked what propertq was presently being used. Mr. Kohlan answered that almost all of it. On Lots 12 and 13, Block 2, City View Addition, the Western part has private homes. He produced a certificate qf survey which show houses on Lots 10 and 11, Block 2, City View Addition, and that a€ence encroaches on Mr. Gabrelcik's property. Chairmau Erickson stated that the understanding is that Mr. Gabrilcik has used Lo�s 6 through lp, Block 28, Hyde Park Addition, for h�.s used, caz lots. Was �t correct that he was not asking for any Use-on Lot 16, Block 21, Hyde Park ,Addition, Mr. C],ark said that the problem is that there is some difference of opinion what �Ir, Gabrelc�k has been occupying for twenty years, Th� licence granted about a year ago stated he owned the North Half of Lots 7, 8, 9, and l0o He was t� petition to get a Special Use Permit on I,ot b and,the South H�lf of 7 and �arts of �,ots 12 and 13. He states he has been using Lots from 6 ��lruugh lq for c4�en�y y�ars . . �lanain� Commissiog Meetin�,- December 20. 1972 PaQe 8 � Mr. Rohlaa �aid that as far as rezoniag �s concerned,'and the Special IIae Permit, under th� gzandfather clause there would be no question what ever he had used previously. He showed a sketch of the buildin$, where the cars woul$ be parked, and the portion of Lots 12 and 13 that would be used. Mr. Zeglen said that whea he drives by, he sees the same cars in the streets. Who owns them? Mr, Gabzelcik answered that some were his and soaie the customers. Mr. Fitzpatrick said the Com�nissioa's sketches show Mr. Gabrelcik owns all of LoC 13, but the Hi�hway has zaken some part of it. Mre Clark sa�id the parking stalls meet the code as far as the setback of twentq �eet fsom the street and a certaia size aisle. If he wi�hes to park cars closer to the buildings and street he should �et a variance. Mr. Kohlan said they were practically condemaing that kind of businesse Mra Minish asked if �hey were talkiag about 39 cars or more. IJnless the petiti�er comes up with what he intends to do, it is almost impossible to act� Chairman Erickson said the Cammission would like a proposal on how he wants to park the cars' in, the asea. Mr. �abrelcik shauld get a copy of the contract tbat shows ownership o� all his land. fle felt the Heazing should be continued until that information is received. ' Mr. Minish said th�t if the cars are paxked on the stxeet (58th Avenue) why � not get the street vacated? Mr. Rohlan said he �id not think the vacation of the street should �be a factoar at this time. MOTiON by Minish, seconded by Zeglea, that the Planning Commi,ssian continue until Januazy 24, 1973, the Public Heari�tg of the Specia� Us.e Pex�mi,t, SP ��72-X9, by Frank Gab�eleik to �antiaue the existing Use of the Used Car Lo�.aBd conduct �n ia�:Lde Repair Garage Shop to be located on Lots 6 through 10, $loGk 2$, Lot 16, Block 21, Hyde Park Addition, per City Code 45.101, 3B, D aad G, aud republish �he Not�.ce of Hearing including Lots 12 and ;13, Block 2, City V�.ew Add�.tio�, and � �haC Mr. Gabrelcik bring in a sketch on how�he wants to use the prope�ty and bring i ev�Ldence of' ownership of the property . 5, PUBLIC.HEARINGo REZON�'NG RE UEST ZOA' 72-13 BY CITY F FRIDLEYa Pax� o� • Outlot.H, generally 1 ated on the Nor side of I��694 and 800 feet West o� the East City Limit to be rezoned f�rom 8-3A (apa�tment aad multiple dwellings) to C-2S (ge�eral shopping a�as)� � 6. PUBLIC HEARING: REQUEST FOR A SPECIAL �JSE PERMIT, SP �k72-20, BY CTTY OF FRIDLEYo To permit installation of an ;advertising sign in an C-2S District ta be located oR Outlot H, Innsbruck No�Cth, genexally located on �he 1Vorth side of Z�`�i94 and 800 feet West of the East City Limits. �oger B, Redmond represented Viewcon, Inc. �� MOTION by Schmedeke, secoaded by Fitzpa�rick. that the Plaaning Gommibsion waive the reading of the Public Hearing Noti�es fox the Speci�l Use $ermi�, SP �72-�p by �he Gity of Fridley and the Rezoniag Request, �OA ��`72-13, by the Ci.ty �� Fr�dl�y. Upoa a voice �toke, all voting aye, the motion carried unanimously. . $�,annint� Commission Meetin� - December 20. 1972 Pa�e 9 ,� . �" _ , • Chairman Erickson said that this was part of the V�ewcon proposal and th� City }�ad asked permission to put up the si�a at the East entran�e to Fridleq. The City Attorn,ey told him that a State j,aw requirea either coamiercia�. or iadustrial zoning for a billboard. Mr. Clark said that one of the stipulatioas of the agreement with Viewcqn �as that they would allow t�e City to install or conetruct a billboard or ad- vertisiag sign at this general locatione When the City applied for a billboa�cd pexmit, it was discove�ced that the law required either cammericial or industrial zoniag. If the City wan.ts this billboard, we will have to rezone, The size qf the piece of ground �nvolved is 10 x 30 square feeto The sign will be 10 feet by 14 feet. What the City is asking for is somethin.g similar to the "Welcome to Fridley" signs on University Avenue, where tl�e sign is "Welcome to Fridley" coming into the City aad a message on the othe� side for those leaving the City. Mr. Aedmond said that there has been a road constructed from North Innsbruck Arive to the si�e of the sign. The xoad will be kept open and accessible at all times by his company. Yt will be as close to the freeway as the law permits. There is the possibility some of the trees will have to be remo'ved for visibility or the.sign. Viewcon will lease the West side of the sign for a period of time. Mr. Schmedeke said that he has objected to signs of this nature fqr years, In this case, are we just going through the motions of what has been agreed to. �'� �ir. Clark answered that it is ia the origiaal agreemeat with Viewcon to allaw the City ta cpnst�uct an advertising aign and probably was the stipulation uf Counci].. The�e are the motions that have to be gone through if the advertising siga is to be coastructed. $e did not know how the Council will react. The parcel o�` ground to bs rezoned ia only 300 square feet. This is smallex Ghan a co+nmer�ial lot. Billboards are ,supposed to be 500 feet from resid�ntial ' progerty. This si.g� would not meet that requirement. 1�. Redmond said Naegele will build the billboard, ViewcoA has aa agxeement ai.th Naeg�ele to lea�e the sign with the first right of refusal �`or subsequen,� ye�r�. They alsa have an agreement that Naegele wi,ll nqt lease that sign while they a�e iu the �rea. The placemeat of the sign is on tl�e secoud hill West frrnn $ilver L�ke Road, They were aot ia favox of removiag trees because i� iS eostly �nd d�t�acts from the area. • MOTION 6y �'Iiaiah, seconded by Zeglen, that the Planaing Comn�ission close the kt�bj.atc �Iea�ciag of the rezoning request, #72-13, by the City of �x�.dley, aad Ch� Ptxbli,c Hea�ring for a Special U$e Permit, SP #72-20 by the City o£ �xi.dley, Upoa a voice vote, all voting aye, the motioa car;ied uaanimously. MQ�IpI�T bp Fitzpatr�ck, seconded by Schwedeke, that the PlanniRg Commi.ssiaq ���pami�nd tp Cvuaci], denial of the rezoning requ�st �OA �k 72�1� by the City of FXidle ta r�zoAe �rom R-3A to C-2S, 300 square feet oq, parC of putlot H, Innsbruck Na�th, anci C4 staGi�udQ the fac� that it would be contrary to th� sig� ordi.nance in rhaC Cha ' et�u wQUld no� be 500 feet �rom residential p�operty, tha� i.t would be contxary �p ,�"�, th� zoaiag ordinan�es �tating that the commerci$1 axea should be 2Q,Q00 squar� feet, �ad that the Planaiag Coamnission recommend denial qf th� xequesC far a Sgecia�. G�� lPermit, SP �72-30 by City of Fridjey in lieu o� the above mo�ion, Upon a voice vQ��, I�Ii.nish, Schmedeke, Fitzpatrick votiag aye, Erickson and �egj.ea, Aay, the mot�on carried. Planning Commission Meetin� - December 20. 1972 Pa�e 10 �""� Mr. Miaish said that approval of this type of request makes it difficult for the aoard of Appeals ia passing on a variance. To see the City participating ia the greatest variance to cpme before them, makes it mare incongruous. Mr. Red�ond reiterated that the State changed the rule in January of this year that no sign can be installed unless in commercial or industrial zoning. When they put up a sign on their own property, they go within the law, He £elt the area identification di,. not fit that category. 7. PUBLIC HEARINGe VACATION REQUEST: SAV �72�07� NORTHWESTERN BELL TELEPHONE COI�ANYe Vacate all that part of the North/South alley in Block 11, Hyde Park Addition, S. W. Dokken xepresented the Telephoae Campanyo ' �z...: �` MOTIQN by Fitzpatrick, seconded by Zeglea, that the �'laaning Comm�i.ssion Waive�the reading of the Public Searing Notice for the vacation request, SAV ��72-07, by tbe Northwestern $ell Telephone Companye Upon a voice vote, all voting aye, the mot�oa carried unaaimously. ; Mr. Dokken.explained the reason of the request for the a11ey vacation. He said that it was necessary ta establish another central office to serve , • the Fr�dley areae At the present time the area is served by three different offices, namely Spx'ing Lake�Park, Grandville and Brooklyn Center. The growth �n these offices, as well as in the Fridley area itself, means that they have ^ to e�tablish a aew office. They try to put a new central office as close as � �os�ible to the cen�er of the area it serves. Theoretically, Chis is a per�eet location, fox the new office, between 59th and 6Ath Street and between 2� and ° 3rd SC�'eets, They have seven lots on each side of the a11ey. The groposed buildiag is 120 �eet deep and 14�. feet wide. The�e is npt room to put the building on one side ox the othez of the alley because of setback require:nents. �o� this �ea$on, they are requesting the vacation of the alley. Back prio� to th� time they actually put this particular site together, they did see they would have tp ask the alley be vacated in the future. Mr. Quxeshi, City Engineer, ° said Chat the basic policy of the City was not to open any new alleys and, as this alley was nat actually there to use, only as an easement, they thought they �ould go aheado Mre Dokken conziuued that Chis has aot been turned over to an architect so it is not a site plan as such, Their planAing engineers told them how big the building will be and thea superimposed that an the copies yau re�eivedo The ultimate building will be an additional 60 feet to take care of the ultimate tele�hone needs in thi� area. q telephone central office is a lomg t�me i�stallati.oc� There wi�1 be six �o eight peaple employed in the building and it won't be used b�► th� �ubl�ic. They propose to landscape th� parking j.ot, The telephone numh�xs will be chauged. Thex plan to build next summer, but it wi].1 be about 2Z year� befoxe the numbers are changed. The building wi].1 be bri,ck and fase 3xd Stx�eae� �h�y had �alked to Northern States Power Company whp were w�lling to vacate the �lley bu� asked they b� �ivea aA easement to maintaia theiz po1QS to �erve Ck�e hous�s im the► bi.ock. A��]�en �o Je�sea, �955 2'� Streeta Mxa JenseA is opposed to the va�at�en t�f ��� aj.�ry �pr tt�e reasom he did not think thaC placing th�is buildiag in the mzddle o� the blc�ck ie �tt th� beat 3nterest for the Hyde Park area. Be was no� opposed Plantaiag Commission Meetin,g - December 20, 1972 Page 11 � __ to Mr. Dolcken or the telephone compaay's request for a building, but he couldn't see putting it in the middle of the blocke It would be setting a precedent for the rest of the area thereby any vaeammt property ia the adjacent area could be bought up in a similar fashion, He thought this thing should be developed in the best iaterest to be useful to the citizens of Fridley and the people living here, Mr. Lo B. �umith, 5974 3rd Streeto Mr. Smith was also opposed to the telepYaone company locating their building ia the center and chopping up the block. This did not leave enough room for another coamnercial building. Geraldl McGee, 930 Midlaad Bank Buildinga Mro McGee said he would think, in additiou to the points made by the two property owners, the resulting•situation would probably remain stagnant for many years, The property will be tenant owned and tenant occupied, and the property will be allowed to depreciate. �efo�e allowiag the vacation of the alley, the Planniag Co�ission should take a hard ,N l.00k that the building should be at one ead of the block or the other. , , ' Mrs. Allen Jensen, 5955 22 Street; Mrs. Jensen said that the Northwestern Bell Telephone Company has stated that in years to come, they will be expanding and ' thia will include some of their neighborsa She thought the reason she was concerned about this is that they have two children so that they cannot sell their�property because they do not have enough propertq according to the ordinance. The Telephone Company does not intend to buy their property, or do not want to buy it for at least ten or twenty years. When they bought in r.•.� Fridley they had no idea this was commercial property or even thought o£ it being cammercial propertya She continued that if they vacate the alley, she was going to move her fence back. It would end up that the people who live • in the apartment building behind her would have no parking space. They park right ' against their fence now. . Mr. Schmedeke spoke to Mrs. Jensen. fle said that Mr. Strand, from whom she bought the property, received the notice. You were saying you would like � to sell yo�tr property. Whe�t I asked your l�usband he said he didn,'C have any reason for opening the alley. It isn't opened now, He did not object to the telephoae campany or any clean operationo He, also, wants'to sell his propertyo We cannot force the telephone company to buy your property at this time or any other time. Another thing you brought up, you would rather see people buy a large pieee of property. According to the Code, commercial prapert� has to be �0,000 square feet, If you combine your home with the vacant lot, and the one mext to it, it could be sold as commercialo Ae was not telling hex any 5tory, 'he sa3.d. If they bought later thaa November, 1972, they should have had their attorney check for them. Both of the property owners who spoke tonight d�id not adjoin the Bell property. There is a commercial piece between the Bell �roperty and these two pxoperty owners. If the development started East/West the way he was hoping it would go in this block, the parking would be on 22 Street and the building would face 3rd Street, The owners to the South axe commexcial. If both of those houses axe taken down, there was xoom for co.-nu►ercia�. Mra. Jensen was infornned the rezoning hearings were held in 1969 and the ^ second reading of the ordinance on May 4, 1970. M�r. Schmedeke said that this particular property has been vacant, outsi.d� of the two or th�'ee homes, and no one has purchased it, The zoning change was made so that this wauld be the proper road to go. Statements were made that the Planning Commission MeetinR - December 20, 1972 Page 12 � Telephone Compaay should buy out the whqle b�ock. This is something that no one can do, If he actually made this statement he was in error, He continued that he kaew the Picha's who live on 2� Street. He was out of town for two mon�hs when this came before his co�ittee. He wanted to suggest that the ogtiomm be in writi.ng, Mr. Dokken said the Picha property was the last property that went �nto the site. There are two lots owned by Picha uader optioa, He did not know the value of the buildings, and they would have to be wrecked. This would be ecouomically unsou�nd. They are interested in additional property around the building, but they would much rather wait in buying until some time that some of the values of the buildings are lost. Mr, McGee said that that was the answer. They were going to be there 70 or 80 �ears, H+� thought it was withia the Planning Commission's power not to grant the a�ley vacation aad the building. Mr. Dokken countered with the statement that atrangely enough, some of the propexty._owners say this will increase the value of their property. There are �hree property owners who concur in the petition. Mra pokken continued that in the 1�+ lots they have enough property to take c.are of Fridley's telephone needs indefinitely. However, it is a simple case of a long period of t3,me. Assuming they put the building there, they think it �..,1 Would be best to pick up �dditional property when it �ecomes available. They mii.ght need additional property for anothex function. �'or that reason, they have gone to �Iessrs. Ecke�t, Williams and Gabel and said th�y think some day Chey mi�ht be interested �n buying their property. They do not have any need �o� it at the present ti.m�, but if and whea these people should deca.de to �ell, that th�y give them a chance. G�airman Erickson told the audience that they have to recogniz� first of all th�� the block is �oned commercial. Supposing they bought the buil,dings at the South end, they stf 11 could put the building whe�e they wanted it. �arl Nordvich, a citizea, asked if Mr. Dokken would say that purch.asing the ��eatQr of the block would increase or decrease the value of the two apax'tment l�uildimgs and Mr. Jensen's �iomeo Mro Dokken answered �hat it would �.ncrease the value. There i$ some vacat�t prpperty paorly maintainedo The Telephone Company proposes to puC � bui�,ding up whi.ch will be well landscaped and well maintainedo �here w�ll. be no Aoise ox traf�ic. $e couldm't imagiae that the company would adve�sely �ffect the value o� the present buildingsa It was not unustial £or the telephone offi�e to be in � res�dential area but this one happens to be comme�rcial. �'Ir. Minish said, �a aaswer to the question if the Planning Commission �ene�'ally tried to get the buildings laid out in such a�ashion that it is in �1�� best interest o� t�e community, that the question was really unanswe�able as you a�e dealing with o�diaances and City Codea, The Plauning Cou��ssiom tries to � do whak's�best for Fridley. Mle. Nordvich sa�d that if the Jensen's take their half oi the al,ley vaca�ion �k�en he hed no idea wher� the cars from the apartmen� would park. Mr. Minish aa�wered that perhaps t1}g apar�ment owners could acquire, at this poin�, the additional land from th� Jensen's, � Planning Commission Meeting - December 20, 1972 Page 13 Mr. Schmedeke said that the City has made errors through the years before this Commissioner was sitting on the Planning Commissione The zoning maps and osdinaaces were changed three times. At the time the apartments were built the specifications were on a square footage basis. Mr, Welk happened to buy one of the old apartments. If he were buying it, he would have looked to see if there was enough land, He did buy next to commercial property. What Bell Telephone is attempting to do is not illegal. Another thing that should be looked at is that a number of people came up before Council about two months ago and closed a st=eet and now we have a one way. How many co�ercial enterprises wili buy on $ one way street. MOTION by Minish, seconded by Fitzpatrick, that the Planning Commission reCeive Petition ��24-1972 coacurring in the application of the Northwestern Be11 Telephone Company �o vacate the alley in Block 11, Hyde Park Additione Upon a voice vote, all voting aye, the motion carried unanimously. P�r. Fitzgatrick said that there has been a person who questioned what the a; Flanning Commission rule should be in this instance and just for the record, �' he would iike to say that this plan was not the Plaaning Commis'sion's plan. The Plant�ing Commission did, at one time some years ago, propose a plan for this area. Mr. Jeasen said that about six weeks ago he came to a meeting. Someone �ade the stata�ent thaC the Planaing Com�ission was opposed to any type of ^ industry, in a commercial area in Fridley, buying a chunk out of the middle piece•a€ property and leaving a building stranded. MOTION by Minish, seconded by Zeglen, that the Planning Cou�►ission close the Putbl�c Hearing of the vacation request, SAV �72-07, by Northwestern Bell Telephone Cc�mpanya Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Minish, �econded by Schmedeke, that the Planuing Coumiission concur with the Plats and Subd�visfons - Streets arid Utilities Subcommittee and recommend to Council approval of Che Vacation Request, SAV ��72-07, Northwestern Bell Telephone Company to vacate a11 that part of the North/South alley iu Block 11, �yde E+�rk Addition, that lies within the lots to be occupied by the Northwestern $ell Telegh�ne Company building. Upon a voice vote, all voting aye, the motion earried uma�imously. • Mr, Mi�ish said that tHis was a desirable utilization of these particular 1ots. It was no� xealistic to believe they should start at on� emd of the blocka �his wpuld be a clean operation, campatible with residential prop�rty so close by. Chair�a� �xicksOn said,that i£ the people behind the alley do not want it v�cated, not to vacate it. �, Fitzpatxick asked about vacatin� the alley behind tre property which tbe NorChwestern B�11 �alephone Company has option, but does noe presently own, Cou�d ChaC be eliminated from the request in respect to poftions owned by � NGrthwestern Bell �alsphone Company subject to acquisition of all the propert: �p �he South. Mr. Zeglen said fihey have got to get someone to come in that area and get a#pothold. H� Felt the telephpne ca�pany would be doing jubt t�.is. Planaing Commissioa Meeting - December 20, 1972 Page 14 /`1 Mr. Fitzpatrick spoke to the audieace saying that they have just seen the Commission protect this one owner on which Northwestern Bell Telephone has an op�ion, but has aot purchased it yet. This motion on the vacation has dome just that. He thought they could expect the same kind of pro�ection for themselves when the time comes. He was in total sympathy with them, but could not totally reassure them until that time came, Mr. Clark felt that a house which was bet�reea two coam�ercial structures is not aecessarily worth nothing. Maqbe the commercial area need parking area and the home owner has got the advantage because he has what the purchaser wants. RECEIVE FLATS b� SUBDIVISIONS - STREETS & UTILITIES SUBCOI�IINITTEE MINUTES; DLCEI►�ER 5, 1972; Mr. Schmedeke asked that the last sentence in the third paragraph from ;:� thg bottom of Page 1�. be deleted, ., ;,n•id MOTION by Schmedeke, seconded by Zeglen, that the•Planning Commiss�on recive the minutes of the Plats � Subdivisions - Street & Utilifiies Subcommittee meeting of December 5, 1972, with the above coxrection, Upon a voice vote, all voting aye, the•motiou carried unanimously. COM1'REHENSIVE PLAN° Mr. Clark said that Janua�ry 10, 1973 would be�the presentation of the ^ Gomprehensive Plan before the Planning Co�isaion. ''The alides will be basically the same as the Comprehensive Plan. The Public He�ri�ig notice and map were being mailed wit�h the City calendar, ADJOURNMENT • Chairman Erickso� adjourned the meeting at 11:35 PoM, �iespectfully subm�tted, HAZEL 0'$RIAN, SECRETARX � � J► , QS� � / �% I r l�/ a �--T �� ��� �G9 7i7 7`TI � S 6' l o �T . S ��, � � l�-, ��'� � .-� i� � Z -�� . ,' . .� .�L�/,r � � � , �� !, �'�_� �� j �� � - � �� � , • �� �_�,I:. d.t. � /7 e-o�l6v n � �� � r a/� �' �--: � _ �z�� �i� � _���- � � � ,� � � d— �/ .,�� .�' � o i o L,k �7- N E" Flc' / U/e � / � � �' -- 5� u� C�,�i-�r��.� � �v �',-�, � C�., _ � � �f'�e.�`°�--- � �i � �,, , ' - � � � � 9 � � � � ' �., � ,�. �r � � � � ' l i� z t F 4.. �- /�.�°' � ::�'�,�.L , ,�^,� ,� ;r-- � v-L J� j� �/< � 7�. r f ��' f? ,'r�'�-i L ` � _. � J � �Q � +� � `'. . ,k' ,% -r' i , ;� 4'"'_" .' ' ,t �' �� �'���= `--.�a� f '`t•f,� »-�= � q�r � �3�e� ''.� � 7 - 3.:��-� � � ���.�� � Gi � /� A�r /A/Li , � � G.fi � - s� ; I