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PL 05/23/1973 - 7460� 1 � 4 A G E N D A PLANNING CO1�A�IISSION MEETING MAY 23, 1973 CALL TO ORDER: ROLL CALL: APPROVE PLANNING COMMISSION MINUTES: MAY 9, 1973 RECEIVE PLATS F� SUBDIVISION-STREETS F, UTILITI�S SUBCOMMITTEE MINUTES: MAY 9, 1973 RECEIVE PARKS F, RECREATION COI�IISSION MINUTES: MARCH 26, 1973 RECEIVE BUILDING STANDARDS-DESIGN CONTROL SUBCQ�9MITTEE MINUTES: MAY 10, 1973 RECEIVE BOARD OF APPEALS MINUTES: MAY 15, ].973 1. CONTINUED: VACATION REQUEST: SAV #�73-03, DF.id�1IS A. RANSTROM: Vacate 20 faot utility arid drainage easement line between Lots 10 and 11, Bloc� I, Rice Creek School Addition, to allaw construction of home on two lots. Same as 6700 Arthur Street N.E. 2. CONTINUED: REQUEST FOR A LOT SPLIT: L.S. #73-OS, BERNARD JULKOWSKI: Split off part of Lat 6 and 7, Auditor's Subdivision No. 153, to develop land either multiple or commercial. 3. LAND USE DISCUSSION: ROGER CHRISTENSON: Proposal to construct a school bus garage on Lot �, and the North 25 feet of Lot 2, Block 6, Rice Creek Plaza South Addition, subject to all easements of record. 4. REVIEW Ai7XILL UIREMENT FOR SPECIAL USF�PERMIT FOR SECdND LAKY f3U1Lll1NG �3j� ,�,1/Y .�./ �� � ��°' ��.�3� � �� � �, �� / / . .f � / v �e' . �.� � `a� ��b, �'� `�y ,� ��� y�'/ , � .- � .�Js , 8:00 P.M. PAGES 1 - 13 14 - 17 ].8 - 21 22 - 23 24 - 32 33 - 40 41-45 46 - 55 56 - 57 _ :_ �:. I � � CITY OF FRIDLEY PLANNING COI�IISSION MEETING MAY 9, 1973 PAGE 1 CALL TO ORDER: Chairman Fitzpatrick called the meeting to order at 8:10 P.M. ROLL CALL: Members Present: Fitzpatrick, Harris, Lindblad, Blair, Drigans Members Absent: None Others Present: Darrel Clark, Community Development Administrator� APPROVE PLANNING COMMISSION MINUTES: APRIL 18, 1973 MOTIDN by Drigans, seconded by BZair, that the Planning Commission minutes of April 18, 1973 be approved as written. Upan a voice vote, a11 voting aye, the motion carried unanimously. � RECEIVE PLATS F� SUBDIVISIONS-STREETS � UTILITIES SUBCONINIITTEE MINUTES: � APRIL 18, 1973 MOTION by Harris, seconded by Lindblad, that the Planning Comrr,ission receive the Plats & Subdivisions-Streets & Utilities Subcommittee minutes of Apri1 18, 1973. Upon a voice vote, a11 voting aye, the motion carried unanimously. RECEIVE BOARD OF APPEALS MINUTES: APRIL 24, 1973 MOTION by Blair, seconded by Drigans, that the Planning Commission receive the Board of AppeaZs minutes of Apri1 24, 1973. Upon a voice vote, a1Z voting aye, the motion carried unanimously. Mr. Drigans called Chairman Fitzpatrick's attention to page 26 in the agenda and the statement by Mr. Crowder that he recommended that the Planning Commission look into these areas of allowing or not allowing zero setbacks. Chairman Fitzpatrick said we will add this as the last item on our agenda and discuss it at that time. RECEIVE BUILDING STANDARDS-DESIGN CONTROL SUBCONIDiITTEE MINUTES: APRIL 26, 1973 MOTION by Lindblad, seconded by Harris, that the Planning Commission receive the Building Standards-Design Control Subcomraittee minutes of f, Apri1 26, 1973. Upon a voice vote, a11 voting aye, the motion carried unanimously. 1. CONTINUED: PUBLIC HEARING: REQUEST FOR A SPECIAL USE PEF�'�tIT, SP #73-02, RUSSELL SCHLEMMER: To construct a detached second garage on Lots S and 6, Block 14, Spring Brook Park, per City Code, Section 45.051, 2 A. Public Hearing open. � Planning Commission Meeting - May 9, 1973 Page 2 Mr. Russell Schlemmer was present. Chairman Fitzpatrick asked the petitioner if he had any statement to make at this time. Mr. Schlemmer said his original proposal was to have the garage 45 feet behind the house and 5 feet from the property line. Because the Commission had asked him to see if he could bring the garage closer to the house, he said he would be willing to move the garage 10 feet and have it 35 feet behind the house, but to. eliminate too sharp a turn, he would have to go to the minimum requirement of a 3 foot side yard setback. Mr. Fitzpatrick said he was asked to consider moving the garage directly behind the house and have the garage doors open to the West instead of the South. Mr. Schlemmer said he couldn't locate the garage there because it would interfere with the back entrance to his house. Chairman Fitzpatrick explained to the new members of the Flanning Commission why this item had been continued. Mr. Fitzpatrick said there had been objections from the neighbors because the yards were deep in this neighborhood and they liked the open space. � Mr. Clark said there was a question by a neighbor whether Mr. Schlemmer had enough room for a driveway as there was only eleven feet between his house and the property line. r Mr. Fitzpatrick said'the reason for this petition was because Mr. Schlemmer owns several recreational vehicles and two cars and needs � this second garage because he just has a single attached garage at the present time. � Mr. Digans asked how wide the driveway would be and if it would be blacktop or concrete. Mr. Schlemmer said it would be a nine or ten foot concrete driveway. � Chairman Fitzpatrick asked if anyone else wished to be heard. Mr. Mykola Moroz, 289 Eiy Street,� said he had a selfish objection, --- but__he said this driveway would be 6 feet from his driveway and then in another 25 feet would be Mr. Schlemmer's�present driveway, and he thought it taould make the front yards look like they were all concrete. He felt this would detract from the value of his home. Mr. Clark said he was not sgeaking for or against this request, but although both the neighbor's on each side of Mr. Schlemmer's home have � attached garages, there are detached garages in this block that are back on the lot. Mr. Drigans asked Mr. Clark if he had checked the property for any drainage problems. Mr. Clark said he had, and there wouldn't be any problem. The.driveway would have to have a crown so that drainage could go both ways, but this had to be done on most long driveways. , ' =, :,�.; 1 � '^ Planning Commission Meeting - May 9, 1973 Page 3 Mr. Drigans asked Mr. Schlemmer if the grade would be the same for this driveway as the adjacent property owner's. Mr. Schlemmer said it would. Mr. Blair asked where the gas service was located. Mr. Schlemmer said it was located on the side of the house along the proposed driveway, but he would call the gas company and have the gas service moved. MOTION by Harris, seconded by B1air, that the Planning Commission close the Public Hearing on the request for a Special Use Perznit, SP #73-02, by Russell Schlemmer. Upon a voice vote, a11 voting aye, the motion carried unanimously. Mr. Drigans said that as all the driveways will be concrete, he didn't feel; this was unappealing. . Mr. Fitzpatrick said there were objections made to the obstruction of an open area also. Mr. Clark said there were at least two detached garages East of this area. Mr. Blair said if the garage was moved forward 10 feet, this would help some. Mr. Harris said he would prefer that Mr. Schlemmer maintain a five foot side yard setback, even if this meansthe garage is 45 feet behind the ^ house. He said he thought there should be stipulations that the drainage plans be worked out with the City, a turn around must be provided for safety on the driveway, and the garage should match the exterior of the house. Mr. Schlemmer said he intended to do all these things. Mr. Harris said he still thought they should still be stipulated so there wexe no questions. Mr. Harris continued that he didn't think we would be setting any precedence as there were other detached garages in the area�if we approve this request. This is a means of keeping recreational vehicles from standing around in the yard. MOTION by Drigans, seconded by Harris, that the Planning Commission recommend to Council approval of the request for a Special Use Permit, SP #73-02, by Russell Schlemmer, to construct a detached second garage on Lots 5 and 6, Block 14, 5pring Brook Park Addition, per City Code, Section 45.051, 2 A, with the following stipuZations: 1. A proper drainage plan be worked out with the City. 2. The esthetics of the garage conform to the house. 3. Provide a proper turn-around in the driveway. 4. Maintain 5 foot side yard setback as specified on the plot p1an, the garage to be set back a maximum of 45 feet behind the house. 5. The driveway to be at the same grade as the adjoining neighbor's. UPON A VOICE VOTE, a11 voting aye, the motion carried unanirnously. � 2. CONTINUED: VACATION REQUEST, SAV #73-05, GILBERT MENKVELD: Vacate public easement on 67th Avenue N.E. between Anoka Street N.E. and Fridley Street N.E. to add 30 feet to the North/South dimension of Lot 1, Block 2, Oak Grove Addition to Fridley Park, making it a buildable site. Mr. Craig �lilley and Mr. James Neilson, his attorney, were present. � Planning Commission Meeting - May 9, 1973 � Page 4 � Chairman Fitzpatrick said this item has been before the Parks F, Recreation Commission, the Plats � Subdivisions-Streets F, Utilities Subcommittee, and was continued at the last Planning Commission meeting. Mr. Fitzpatrick said rather than have the petitioner make a complete --- presentation one more time, I will ask the Commission to address any questions they may have to the petitioner. Mr. Willey said he was representing Mr. MenkveL.d, the fee owner, and himself, as the buyer of the property, and he had Mr. James Neilson, his Counsel, with him who was prepared to answer questions also. Chairman Fitzpatrick said the petitioner wants to vacate 67th Avenue to make his property a buildable site. The problem is that the area being vacated is about half usuable land and the other half is below the embankment of the Creek. Mr. Willey has agreed to rededicate the land below the top� of the embankment back to the City for park purposes. Mr. Clark said there were two questions brought up at the last meeting that needed opinions from the City Attorney. One question was if the City could vacate a street right of way and retain all, or part of it, for park purposes, or would it be more legal to let it revert back to the private owner of the land and obtain the re- �' dedication from the property otwner. The answer to that question was that we should definitely let it revert back to the owner of the property and get the dedication from the property owner. The second question was that if it is a dedicated street right of way, could the City of Fridley prohibit its use to licensed motor vehicles even though it is not open to traffic. Mr. Herrick answered that if the street right of way is not being used for street purposes, it is under the control of the fee owners, probably the adjacent property owners, and they may use the property as their own until the City decides to open the street. This being the case, they could fence the right of way to prevent it from being used by motorcycles, etc. Mr. Clark said he had talked to Mr. Neilson and there was a difference of opinion between the two attorney's. Mr. Neilson feels that as this is a street right of way, the public has the right to use it as a street right of way. Chairman Fitzpatrick said this question came up because in discussing the dedieation of street right of way on 67th Avenue, it was stated that the City had no intention of ever opening up this street, and did we have the right to hold this dedication. It was felt that it should all be vacated and revert back to the property owners. Mr. Clark said he thought we should consider this vacation request by itself. If the Planning Commission thinks more of 67th Avenue should be /"'� vacated, then we could address letters to the property owners to see if it was vacated, they would dedicate the property that is over the embankment back to the City for park purposes, also. Mr. Drigans asked i£ the property owner of Lots 29 and 30 would also dedicate the land over the embankment back to the City for park purposes. � � Planning Commission Meeting - May 9, 1973 Page 5 Mr. Clark said Mr. Sodahl was at the last meeting, and indicated at that time that he would do this also. Mr. Sodahl, 6689 Anoka Street N.E., said his original statement was that he wanted to make sure this vacation was for all of 67th Avenue between Anoka F� Fridley Street N.E. He said he didn't make any statement about dedicating any land back to the City and he hasn't made a decision on this as yet. Mr. Fitzpatrick said �hat he wasn't sure that the street right of way that reverted back to Mr. Sodahl's property was over the embankment. Mr. Sodahl said there would be a problem determining what is over the embankment. About 3/4 of the easement is level with his present property and then there is a gentle slope. Mr. Fitzpatrick said we have an elevation line of 902 feet we are using on Mr. Willey's property, but that line may be different on your property. Mr. Neilson said he didn't have the benefit of being at the last Planning Commission meeting. There were a few points he would like to make. He said this was an old plat, that was platted in December of 1886. In that plat there was a road on the North side that was called North Street, and at the end of the dedication clause, it stated, by the fee owners at that time, that we hereby donate and dedicate to the public, use forever of all streets, avenues and alleys as shown on said plat. Since that time, Block 3 has been replated into Rice Creek School Addition, and North Street, which � is presently 67th Avenue, was vacated. So approximately 300 feet of dedicated street has already been vacated. I think it should also be noted that the owners of Lots 1, 2 and 3, of Block 2, in 1965 gave an easement to the City for the cul-de-sac. From a practical sense, 67th Avenue N.E. cannot be used as a street. There is an easement there for a public street. In my opinion, this gives the public the right to use this for public passage. We cannot force the City to put in a street, but we cannot stop the public from using it. Mr. Neilson said he would like to give five reasons for vacating this street easement. Anytime you vacate an easement it should be in the general interest of the public. If you vacate this street, no one can ever come in and request that they want a street here. So it's a benefit to the City not to have that problem. It would be a benefit to control the area. It is my position that anyone could use this easement now as long as they weren't creating a nuisance. It will be a benefit because you have a clear under- standing from the property owner that he is going to convey the land over the embankment back to the City for park purposes. It will also be a benefit to have a 70 foot tract of land to build on rather than a 40 foot site. This will make it possible to build a much nicer home. It will also be a benefit to the City in that this will then be taxable property. This lot has already gone,tax forfeit twice. Mr. Blair said in the minutes of April 18, 1973, Mr. Clark stated the /`1 redwood deck would have to be shorted by five feet to meet the setback requirements on the South side of the lot. Does the petitioner agree to this. Mr. Willey said he had no objection and had agreed to this. Mr. Blair said you also have no objection to redicating land for park purposes. Mr. Willey said the property below the embankment would be more of a liability for me to keep. I have no practical use for it. There would be a maintenance problem and a problem of personal liability if anyone got hurt on this embankmant. :_.� � � � Planning Commission Meeting - May 9, 1973 Page 6 Chairman Fitzpatrick asked Mr. Clark that if the Commission voted favorably upon this vacation request if they should include the other lots along the Creek in the motion. Mr. Clark said he thought it should be in two motions. He also felt.that it shouldn't be vacated without getting rededication back for park purposes on the area over the embankment. Mr. Drevniak, 6684 Fridley Street N.E., asked how many of the Commissioner': have seen this property. Chairman Fitzpatrick said most of the members have been to the site. Mr. Sodahl said that people use this easement to get down to the Creek. He thought the avenue of travel would be seriously hindered by the vacat�:on of this easement. He said that in listening to the discussion, i� the vacation wasn't granted, a small house might be built on this lot, which wouldn't .fit into the area. If the vacation was granted, Mr. Willey wants to construct a two-story house which he felt would also be a detriment to the areas of one story homes. He wondered what his recourse was. Mr. Harris asked Mr. Drevniak if he was aware this property had gone tax forfeit. Mr. Drevniak said they purchased their home in August of 1971, and until they had their lot surveyed to construct a garage, they thought they had more property. The year they bought their home, they couldn't have � afforded to purchase an additional lot. Mr. Harris asked Mr. Sodahl if he would be willing to dedicate the land from the top of the embankment for park purposes also. Mr. Sodahl said this would be difficult to answer at this time because he didn't know the elevations of his slope. Mr. Drigans asked Mr.Sodahl if he wasn't using part of this easement for a garden. Mr. Sodahl said he has spent considerable time clearing off dead trees, chunks of concrete someone had dumped on the easement, and other debris from this area. He is presently trying to grow grass in this area and a garden he has on his property is extended a small way on the easement. Mr. Drigans said the second point Mr. Sodahl made was that there could be a house constructed on this lot that would not conform to the existing houses. Mr. Drigans asked Mr. Sodahl if he thought the house at 6600 Fridley Street was a conforming house. Mr. Sodahl said he was referring to houses close to the proposed house. Mr. Drigans said the hnuse referred to was in the same block. Mr. Harris said if this vacation was granted, it would make Lot 1 a much more desirable building site, and the area would be cleaned up. He said'he couldn't see any reason to retain an easement on any property the City doesn't ever intend to use. Mr. Harris said he didn't know if the house ^ proposed was compatible with the houses in the area, but this was a matter of judgement. Mr. Drigans said a por�ion of the Commission has never seen the pla3is for this house. Mr. Willey presented his plans to the Commission. He said the house would have horizontal masonite siding and asphalt shingles, the same as the � . � Planning Commission Meeting - May 9, 1973 Page 7 neighboring houses. Although it was two story, it would have a mansard roof to lower the profile of the house. The garage would be in line with Mr. Drevniak's house. Mr. Harris said he would be more in favor of the vacation, if he felt the house was more compatible to the other homes in the immediate area: Mr. Lindblad felt that if someone were to build a house on the 40 foot lot, tfiey could build something that was a lot more incompatible with the area. Mr. Clark said the Commission could make a recommendation to the Council that the street easement be vacated subject to the house plans being approved. MOTION hr� Harris, seconded by Lindblad, that the Planning Commission recommend to Council approvaZ of the vacation request, SAV 73-05, by Gilbert Menkveld, to vacate hte public easement on 67th Avenue N.E. between Anoka Street N.E. and Fridley Street N.E. to add 30 feet to the North/South dimension of Lot 1, B1ock 2, Oak Grove Addition to Fridley Park, making it a buildable site with the stipulation that alI land below the elevation line or 902 feet be rededicated back to the Cit� for park purposes contingent ^ upon the stucture that is proposed for this 1ot be compatible to the area. Mr. Sodahl said he could not agree to the 902 foot elevation line on his lot because the elevation was different on Anoka Street. Mr. Harris amended his motion, seconded by Lindblad, to read that the petition wouZd rededicate aI.Z the property 1z�ing below the crest of the embankment whether it be street easement or not as determined by the property owners and the City administration. UPON A VOICE VOTE, all voting aye, the motion and amended motion carried unanimousl�. Mr. Blair said he felt the proposed house was compatible with the area. Mr. Harris said he knew that was a matter of judgement, so we will leave the decision to the City Council. 3. PUBLIC HEARING: CONSIDERATION OF A PROPOSED PLAT, P.S. #73-05, BY DARREL A. FARR DEVELOPMENT CORPQRATION: A replat of Block 10, Innsbruck North Townhouse lst Addition. Mr. Jim London was present. MOTION by Drigans, seconded by B1air, that the Planning Commission waive the readinq of the Public Hearing notice of the proposed p1at, P.S. ^, #73-05, by Darrel A. Farr Development Corporation. Upon a voice vote, a11 voting aye, the motion carried unanirr�ausZy. Mr. Claxk said when Block 10 was platted, the property lines were straight. The area between the garages was enlarged because there were some trees they wanted to save. A jog was put in the property line so the owner will own the garage that goes with his tawnhouse. Planning Commission Meeting - May 9, 1973 Page � �1 i� . Chairman Fitzpatrick asked if this would change the size of the lots. Mr. London said two lots will be one foot less and two would be i foot more. The lots are of different sizes because the width of the lot depends on the size of 'the unit. Mr. Fitzpatrick said that administration has no objection to this replatting and the Plats �, Subdivisions-Streets � Utilities Subcommittee recommended approval. MOTION by Harris, seconded by Lindblad, that the Planning Commission close the Public Hearing on the proposed p1at, P.S. #73-05, by Darrel A. Farr Development Corporation. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Harris, seconded by Drigans, that the Planning Commission recommend to Council approvaZ of the proposed p1at, P.S. #73-05, by Darrel A. Farr Development Corporation, a replat of BZock 10, Innsbruck North Townhouse .Zst Addition. Upon a voice vote, a11 voting aye, the motion carried unanimously. 4. VACATION REQUEST, SAV #73-08, DENNIS A. RANSTROM: Vacate 20 foot utility and drainage easement line between Lot 10 and 11, Block 1, Rice Creek School Addition, to allow construction of a home on two lots. Mr. Dennis Ranstrom and Mrs._Pat Ellis were present. Mr. Clark said the petitioner is contract: purchaser of Lots 10 and 11, and wants to build a home that would cover portions of both lots. This easement is not being used so administration has no objection to the vacation. We do have a storm sewer running East and West at about the location of the South side of Lot 11, and it is recommended that the City retain a 6 foot drainage and utility easement at this location. A large portion of Lot 11, is at Creek level and Plats f� Subs recommended that any portion that was North or West of the Creek be dedicated to the City for park purposes. Mr. Clark said he thought it should be seriou�ly considered getting a recommendation from the Parks F, Recreation Commission before this goes to the City Council. He said that in his opinion, anything South mr_' East o� the Creek couldn't be used for walking paths. Mr. Ranstrom said he has letters from the adjoining property owner that he has no objection to the vacation; and a letter from his architect explaining the problems of building on this property, which he would like to present to the Planning Commission at this time. MOTION by Harris, seconded by Blair, that �'he PZanning Commission receive the letters from FZoyd F. Foslien dated May 4, 1973, property owner ^ to the North of the property, and Gordon Metcalf, Architect, dated May 5, 1973. Upon a voice vote, a11 voting aye, the motion carried unanimously. Mr. Harris requested that these letters be sent on to the City Council also. Mr. C1ark said the petitioner is anxious to build this house this summer. If we wait for a recommendation from the Parks �, Recreation Commission Planning Commission Meeting - May 9, 1973 Page 9 �. it could delay this into September before all the Public Hearings and readings of the ordinaces are through. You could recommend this for approval subject to the findings of the Parks � Recreation Commission and the Park � Recreation Department. They have June llth as their target date for the Public Hearing by the Council. Mr. Fitzpatrick said if we continued this until May 23rd they could still have the hearing before Council June llth. MOTION by Harris, seconded by Blair, that the Planning Commission continue until May 23, 1973 vacation request, SAV #73-08, by Dennis A. Ranstrom, to Y�cate the 20 foot utility and drainage easement line between Lots 10 and 11, Block 1, Rice Creek School Addition, to a11ow construction of a home on two lots, untiZ we get the reco�nendations of the Parks & Recreation Commission, the Parks & Recreation Department, and the Board of Appeals. Upon a voice vdte, aIl voting aye, the motion carried unanimously. 5. RECOAM�fENDATION FOR VACATION OF 67TH AVENUE N.E. BETWEEN FRIDLEY STREET N.E. AND STINSON BOULEVARD Chairman Fitzpatrick said that in Item 2 we recommended vacation of 67th Avenue between Anoka Street and Fridley Street N.E. This leaves the area between Fridley Street and Stinson Boulevard that we should make some kind of recommendation on. � Mr. Harris said this was discussed at the Subcommittee level, although no recommendation was made. It was felt that the balance of the street ease- ment on 67th Avenue should be vacated with the request that the adjacent property owners rededicate the property from the crest of the embankment back to the City for park purposes. This would help clean up the entire area. Mr. Fitzpatrick said the tax forfeit lot which is Lot 1, Block 1, Oak Grove Addition to Fridley Park, should be called to the attention of the Parks � Recreation Commission. Mr. Blair said he wanted this called to the attention of Paul Brown also. Mr. Harris asked how the elevation was on the easement for 67th Avenue on the lots under discussion. Mr. Clark said that most of the easement lies below the embankment. Mr. Drigans asked if Mr. Clark thought the people would agree to rededicating land back to the City for park purposes. Mr. Fitzpatrick said there would be people who wouldn't care if the City holds this easement for a:street or for park purposes. Mr. Clark said the area could be better controlled if it was dedicated for park purposes, and we could make this known at the hearing. MOTION by Harris, seconded by Drigans, that the Planning Commission recommend to Council that when they have the Public Hearing for the vacation � of 67th Avenue between Anoka and FridZey Streets N.E, that they include the area between Fridley Street N.E. to St-inson Boulevard, su�ject to the property owners rededicating the property below the embankment back to the City for park purposes. Upon a voice vote, a1Z voting aye, the motion carried unanimousZy � �lanning Commission Meeting - May 9, 1973 Page 10 6. REQUEST FOR A LOT SPLIT, L.S. #73-05, BERNARD JULKOWSKI: Split off part of Lot 6 and 7, Auditor's Subdivision No. 153, to develop land either multiple or commercial. Mr. Clark said this property is located East of Robert Hall on the South side of 52nd Avenue N.E. The property is zoned C-1S. When the apartment houses were built that are on part of this property, they could be built in C-1S zoning. Mr. Julkowski originally owned all this property, but he consequently sold the apartments and sold this parcel. This has already been split by the County for real estate tax purposes, but the City does not honor this split. He has to get City approval of the split before the special assessments can be split or a building permit issued. The part he wants to split off does meet the requirements for C-1S zoning. This was continued by the Plats $ Subdivisions-Streets � Utilities � Subcommittee because they would like to give the owner of the apartment complex and Robert Hall a chance to be heard. The apartment complex is having parking problems. They met the code requirements when the apartments were built but according to our present codes ther should have 108 parking stalls and they only have 73. If the owner of the apartment complex should want to purchase this property, it should not be split off. � Mr. Harris said some of the cars for this apartment complex are being parked in the fire lane. Mr. Clark said this will not be considered by the Planning Commission tonight, as it was tabled at the Subcommittee level. 7. ZERO SETBACKS Mr. Fitzpatrick said this was referred to the Planning Commission by the Board of Appeals. At their last meeting they approved zero side yard setbacks for two proposed buildings, but they weren't quite comfortable with their decisions, so they are asking the Planning Commission for any recommendation we might wish to make on zero setbacks. Mr. Clark presented a colored rendering of the area between 77th and 79th Avenue N.E. and between Main Street and the Burlington Northern right of way. The two proposed buildings that had zero side yard setbacks approved are in this area. Mr. Drigans said there are 40 foot lots in this area and the petitioner felt that in order to build a usable building he asked us to consider zero side yard setbacks. Mr. Harris said this is Onaway Addition that was platted in 1911. All � the lots are 40 feet wide except the end lots which are a little larger. The lots facing 77th Avenue are 25 foot lots. The alley in Block 7 has been vacated. Mr. Harris said everyone else who has built in this area followed the rules of thc City. Block 1 is the only block in this area without industrial development. Planning Commission Meeting - May 9, 1973 Page �11 � Mr. Clark said the petitioner asking for the zero setbacks is going to petition for the alley to be improved in this block. If he is unsuccessful, it might zeopardize his plan, because I don't think this plan will work without the alley being opened. _ Mr. Fitzpatrick said that in reviewing the Board of Appeals minutes, it seems that using 400 of the lot for the building and checking the other requirements, that it adds up to more than 1000 of the lot. Mr. Clark said that on these two requests, they could have met', all the requirements except for the rear yard setback, if they had placed these buildings in the middle of the lot. The building that wasproposed on the corner would have harl� to be reduced 20 feet to meet the requirements. Mr. Drigans said on the proposal they considered�the buildings only cover 40% of the lots. . Mr. Clark said that what would be in favor of zero setbacks is that if we can get the cooperation of other property owners, as they develop in this block, to maintain the zero setbacks on one end of their property and double the open area on the other side of their building, it might look better esthetically. Mr. Drigans said the petitioners for the proposed buildings did get ,/'� approval for these setbacks from the adjacent property owners. Mr. Fitzpatrick asked how many individual owners of property there were on the West side of Block 1. Mr. Clark said one owner has Lots 5, 6 and 7(120 feet), one owner for Lots 8, 9 and 10 (120 feet), Lot 11, one owner for 40 feet, Lot 12, a 40 foot lot, was tax forfeit, and one owner for Lots 13, 14 and 15 (120 feet). Chairman Fitzpatrick said the Planning Commission was being asked for a recommendation on zero setbacks in any area of the City. Mr. Drigans said they have a request for zero setbacks at their next meeting of the Board of Appeals by an individual owner. Mr. Lindblad said he felt it made it difficult for industry to come into Fridley and always meet our requirements. He felt that under certain circumstances, the ordinances had to be bent a little. When someone is constructing a building and they are only going to have four employees and we require them to have 20 parking spaces in case the building is ever used • by a different company, I don't believe you can protect the City from all eventualiti�es. Mr. Clark said the Planning Commission could review any ordinance they felt was too stringent. He said the City has a lot of comm�rcial and industrial development already so they feel they can be choosy in who develops the balance of the open land. If one developer � doesn't want to change his plans to meet .our requirements, perhaps the next request we have for development of the same area can meet our requirements. Mr. Harris said the least of his objection was the side yard setback. He thought this was the best way to utilize the land. He said we will be faced with the same problem in redeveloping the Hyde Park area, because of 40 foot lots. Also part of Spring Brook Park Addition. Mr. Harris said the time to consider zero setbacks is when we have the first proposal for � � � Planning Commission Meeting - May 9, 1973 Page 12 a block. Mr. Drigans said the Board of Appeals has reservations about granting zero setbacks. Mr. Harris said you have to appreciate the developers problems also. Mr. Fitzpatrick said he didn't think the Planning Commission would be ready tonight to make a recommendation on zero setbacks. He said he does think it is proper to ask the Planning Commission for some quidelines. Mr. Clark said they should make a recommendation if they have strong feelings against zero setbacks as this item would be before the City Council at their next meeting. Mr. Harris said he thought the zero setbacks were right in Block 1; Onaway Addition, as shown on the drawing. Mr. Drigans said each situation will have to be considered by itself. Mr. Harris said that when the first developer of a particular block comes in, he thought a plan should be made for that block. He said the developer comes into the City trying to find out from the City how he can develop an area. The City asks to see his development plan and tells the ^ developer the ordinance requirements. If a plan was worked out for the entire block, as a guideline, it would be a benefit to all. Mr. Fitzpatrick said most of the development in the area of the drawing were able to build within the ordinances. He said he felt when people couldn't build within the ordinances, there was something wrong with their plan. Mr. Clark said there can also be something wrong with the plat. Mr. Fitzpatrick said he didn't thing we were going to get any more i�nput and he wondered if the Board of Appeals would like a motion on this. Mr. Drigans said he thought each situation will have to be considered by itself, but there could be a notation put• in the zoning ordinance that on certain minimum lot sizes in industrial areas, zero setbacks would be considered favorably by the City. Mr. Clark said that we will have to see how zero setbacks work on the two proposed buildings. If the outcome is favorable and a similar situation arises, we can point this out administratively, that this has been done in the past, but I think each case will have to be decided on its own merits. Mr. Clark continued that before variances be granted for zero setbacks, the Board of Appeals should see the plan for the whole block. 8. AUXILLIARY BUILDINGS � Mr. Harris said that because so many people are acquiring recreational equipment, and it is preferable to have it stored, than out in the open, we are going to have many requests for Special Use Permits for auxilliary buildings. He questioned as to the necessity of having metal storage buildings under a Special Use. � � ^ Planning Commission Meeting - May 9, 1973 Page 13 Mr. Clark said the reason for the ordinance requiring a Special Use Permit for a second auxilliary building was to prohibit people from adding a second building to use for business purposes. We have other ordinances covering home occupations, but they are difficult to enforce. 'I'he square footage minimum that makes it necessary to get a Special Use Permit and a building permit could be raised to eliminate some of the requests. Mr. Fitzpatrick said the Planning Commission could review the ordinance at one of their future meetings. Chairman Fitzpatrick adjourned the meeting at 12:35 A.M. Respectfully submitted, ��./�;� 1��.�2�� � Dorothy Ev son, Secretary 1"1 � � � CITY OF FRIDI.EX p�,ATS �, SUBDIVISIONS- STREBTS F, UTILTTIES SUBCQNIl�fITTEE ME�TING CALL TO ORDER: NIAY 9, 1973 PAGE 1 Chairman Harxis called the meeting to order at 7;00 P.M. ROLL CALL: Membexs Present: Harris, French, Forster, Christensen Members Absent: Meissner � Others P�esent: Darrel Clark, Community Development Administrator APPRQVE PI�ATS $ SUBDIVISIONS-STREETS �, UTILITIES SUBCON�IITTEE MINUTES: A�'RIL 18, 1973 � MOTION by French, seconded by Christensen, that the Plats & Subdiviszons- r Stzeets & Utilities Subcommittee minutes of April 18, 1973 be approved as writte.n. Upon a voice vote, a11 vot�ng aye, the rr�otion carried unanimously. /`1 1. R�QUEST FOR A LOT SPLIT: L.S. #73-05, BERNARD JULKOWSKI: Split off part af Lot 6 and 7, Auditor's Subdivision No. 153, to develop �and eithe� multi.ple or commexcial. Mr. �ernard Julkowski was present. Mr. Cl.ark said there is an apartment com�lex adjacent to the parcel being split off, The property is zoned C-1S. At the time the apartment comp�ex was bu'llt Mr. Julkowski owned all the property and apartments could be built in this �oning. Mr. Julkowski built the apartment complex in foux phases, 16 units at a time, making a total of b4 units. He took out �' a•pexmit for 16 more units in 1964 on the property he naw wants to split d£f, bu� the units were never built. Mr. Julkowski subsequently sold the apart- ment cqmplex but retained this portion of the property. Mx. Clarl� said at the time these units were built, the code requirement fox 64 un�ts was 95,000 square feet. The present code would require 160,000 squaxe feet for 64 units. The parcel Mx. Julkowski wan�s ta split off is 27.240 sauaace £eet, and the remaining pc�rtion is 118,OOQ square feet. What �h� staff questions is if we should allow the apartment site to be less �than oux present code requirements because the apartment comglex is having a parki,ng problem now. Some tenarits are parking on this property now, and they are paxking next to the apartment building in the fire lanes. Mr. Julkowski said he built the 64 units as he abiained financing. He had difficulty getfing £inancing for the last 16 units so that's why they were nev�x built. When he had a chance to sell �he apartment complex, he did, and kept the one parcel. The County has already m�de the lot split for tax pur.pa�e�, . /'� � ��.�i �: Plats �, Subs.-Str. $ Utit. Subcommittee Meeting-May 9, 1973 Page 2 Mr. Clark said the City doesn't honor this lot split, and until it is approved as a split, we will not split the special assessments or issue a building permit. Mr. Julkowski said he had recently talked to the present owner of the apartment complex and told him that Lot 11, in Marion.. Hills 2nd Addition, adjacent to the complex to the West, was a tax forfeit lot. Mr. French asked if this lot could provide extra parking for the apartment complex. Mr. Clark said it was a hard lot to work with, and 6 stalls, at the most, could be provided on this lot. Mr. Clark said the owner of the apartment complex in 1968 called the\Engineering Department and said he was having a problem providing parking for his tenants and wondered if he could get help in working out additional parking. Mr. Clark said the drawing he was presenting tonight had areas where additional parking could be provided, as marked in red. These parking stalls were never put in, and there may be a different owner now. Mr. Christensen asked Mr. Julkowski how he intended to use this parcel. Mr. Julkowski said he has no definite plans. He could sell it, or build on it himself. Mr. Harris asked what he could build on this parcel. Mr. Julkowski said he could build some type of small office. Mr. Clark said as the proposed lot split would be 27,000 square feet, it does meet the code requirements and could be built upon. Mr. French said that as the owner of the apartment complex is having a parking problem, he should probably be made aware of this request so he would know this property is either going to be built upon or put up for sale. Mr. Forster said the apartment owner would have the option of buying the property or letting it go, but he at least would have the choice. Mr. Harris thought the administration should make the owner of the apartment complex aware that his tenants were parking in a fixe lar:e. and that he needs to provide additional parking. Mr. Clark said he wouldn't want to give the apartment owner the impression that he had to buy this parcel. MOTION by French, seconded by Christensen, that the Plats & Subdivisions- Streets & Utilities Subcorrm►ittee continue the request for a 1ot split, L.S. #73-05, Bernard Julkowski, to split off part of Lot 6 and 7, Auditor's Subdivision No. 153, to develop the land either multiple or comrr►ercial, until their next meeting, and request that written notice be given to the adjacent property owners. Upon a voice vote, ail voting aye, the motion carried unanirr�ousl � . � 2. VACATION REQUEST: SAV #73- 08, DENNIS RANSTROM: Vacate 20 foot _ utility line between Lots 10 and 11, Block 1, Rice Creek School Addition, to allow construction of a home on two lots. Mr. Dennis A. Ranstrom and Mrs. Pat Ellis were present. � ^� P1ats � Subs.-Str. �r Util. Subcommittee Meeting - May 9, 1973 Page 3 Mx. Clark saa,d there were no utilities in this easement so the City has no objection to the vacation. We may want an easement on the South line ef Lot 11 for a sewer easement. Mr. Harris asked how much of an easement the City would need. Mr. Clark said this would have to be verified in the iield, but he thought six or s�ven feet would be sufficient. Mr. Harris asked if this would affect the side yard setback. Mr. Clark said it wouldn't although there wasn't too much high ground on this property and they were going before the Board of Appeals, for a front yard variance. Mr. Harris said it looks like Lot ll goes into the Creek. Mr. Clark said Mr. Foslien did own this property ard he still owns the property to the North of these lots. Verbally, Mr. �oslien has talked about rezoning part of his propexty and said he would deed the Creek bottom to the City for park land. . Mr. Harris asked if the Paz�k Commission has looked at this property. I�. Clark said we have talked to Mr. Foslien about Outlot 1, and Lot 3, that runs all the way to 69th Avenue,-�.and he aaid he might deed to the City ar.y land that goes below a certain elevation. Mr. Harris said this was why he was asking about Lot 11. If the Park Department wanted to develop walking paths along the creek, wouldn't they have to come across this lot. Mr. �^ Clark said they would if the path followed the Creek on the South side. Mr. Chxistensen asked Mr. Clark if there was any moratorium on any land tha� abuts the Creek. Mr. Clark said there wasn't although no building permits are allowed below a certain elevation. Mx. Harxis said if the Park Department should desire any of the land below the Creek £or park purposes, maybe there could be some land trading. We would give the petitioner the easement in return for dedication below the top of the embankment for park purposes. , Mr. Haxxis asked the if the petitionex had anything he wanted to add to the discussion. Mr. Ranstrom said he had a letter from his neighbor h1r. Foslien, in which he states that he has no objection to the•var�ance request or the vaeation request, and a letter from his architect, Mx. Gordon Metcalf, ex- p1a�n�.ng the problems and solutions to building on these lots. Mr. Harris said the Subcommittee should read the lettexs and Mr. Ranstrom could have them back to pr�sent to the Planning Gommission. Mr. Harris asked the petitioner if'he had any objection to trading the easement for a small. easement for drai,nage and utility purposes on the Sou�h lot line of I�ot 11, and dedicati:ng the low land along the Creek for park purposss, Mr. Clark said they could have s4me land on the other side c►f the Creek, Mr, Clark said that any land tha� extends across the Creek cou7.d ba dedicated for park purposes. He con�inued that the portion of � land that th� peti.ta.Qnex owns on this side of the Creek couldn't be used � fox w��.�Cing �aths, Mx, French said that when he loaked at this property he didn't see any p�.ace for a walkway on this property on, this side of the Creek. � �� 9 � P1ats $ Subs.-Str. � Uti1.�Subcommittee Meeting - May 9, 19'3 Page 4 Mr. Christensen asked if this would be a one story home. Mrs. Ellis said it would. Mr. Christensen told the petitioner he thought it was a beautiful site for a home. MOTION by French, seconded by Christensen, that the Plats & Subdivisions� Street� & Utilities Subcommittee recommend to the Planndng Commission approval of vacation zequest, SAV #73-08, by Dennis A, Ranstrom, to vacate 20 foot drainaqe and utility easement line between Lots 10 and 11, Block 1, Rice Creek Sahool Addition, to a11ow construction of a home on two 1ots, with the stipulation that the City retain a 6 foot drainage and utility easement on the South side o� Lot 11, and that any part pf Lot 1Z that Iies Noxth or West of the Cre�k be dedicated to the City for park purposes. Upon a voice vote, a11 voting aye, the motion carried unanimously. Chairman Harris adjourned the meeting at 8:05 P.M. RespeGtfully submitted, !'� . ) !�?.cY-2" .. G�°-r�.�1IJ Uorathy Eve on, Secretary J \ 0 � MINUTES OF THE REGULAR PARKS AND RECREATION CONMISSION MEETING, MARCH 26, I�Tj� ^ Meeting was called ta oxdex at 7:40 p.m., by Chairman Fitzpatrick. � M$MBERS PRESENT: Fztzpatrick, Blaix, Kirkham, Stimmler. M$MBERS EXCUSED: Wagar. OTHERS PRESENT: �d Wilmes, 6350 Riverview Terrace N.E., 55432, 560-3011, Is. o£ Peace. Elmer Chelstrom, 1009 South Cixcle N.E., 55432, 786-6949, Legion #3U3. Anton 01son, Address Unknown, Fridley V.F,W. Post, Is. of Peace. G. C�^aig Willey, 3816 Po1k Street N.E., 55421, Vacation of Easement. Gary 0'Dell, 7542 Tempo Terrace N.E., 55432, 786-1585, F.Y.F.A. Randy Eidem, 5837 Washington Street N.E., 55432, 560-7934, Visitor. Foster Dunwiddie, 4638 Casco Avenue, 55424, 926-3008, Is. of Peace. Ralph Volkman, Acting Director of Parks and Recreation. Cathie Stordahl, Secretary to the Commission. MINUT�S OF THE �EBRUARY 26, 1� MEETING� C�*airman Fi.tzpatxick requested that the Minutes of the February 26, 1973 meeting be tabled, until such time as more Commissioners were available for approval. I St�a OF PEAC� � Mr. FostQr Dunwiddie was present on behalf of the Advisory Committee for the Islands of Peace Froject. He stated that he had been working wi�h this project for about a year. � Mr. Dunwiddie opened his presentation a�ith :�o►ne backruuna on the project and the need for such a£aci�.ity. He stated that in 1970, �he Division of Vocational Rehabi.litation Stated that �O�b o� Minnesota's population suffers from some sort o� handicap. These people ar� found primarily in the urban areas, with an annual growth rate of 1.3�. Thera axe also a$reat, nwnber of xeturning handicapped veterans. Mr. Dunwi.ddie further �xplained that he, himself, had had a mishap which required him tq use wheel chaix accesses. He found this to be most difficult and many times, impossible. H� was reauired ta use the £reight elevator to get £rom outside his O�f�CB bu�.l,ding, to his o£fice. To use the res'troom facilities, he was forced tq gQ to the basemsnt af th� building, where the mafntenance men removed the divider between the �tall.s, in ardex that he might get his wheel cha�r in. He discovered that doorwa�� wexe npt wi.de enou�h, and many buildings had steps, and no ramps, �o that a wh�e�chaix coul.d not ent�x. His own experiences mads him increasingly aware o:f the fa�t that xh� handicapped were confronted wxth a great number of obstacles beyond theix own problem. T� 1972, the Fx�idl�y Ci.ty Councxl appointed a Committes fo�c the Islands of Peace. This �omm:�tt�e consis�ed pf 12 men, and this number wa� recently increased to 26, w�.th th� addi�ian of a 14 membex Advisory Committee, � The three islands, loca�ed in the Mississippi Rivex, are approximately 2000' in l�ngth. Their Qlevation is high enough, that they escaps the £looding nearly every � yeax, Chases Island is 7 acres �n size and is owned by the City oP Fxidley, Park Departmsnt�. Ga.l Hodges T�land wa� uncharted unta.l just xecently leased to the City b� th� Stata of Minn�scata, The lease is for 10 years. Durnam Island is 66 acres and �.s located Qn th� Barapklyn Fark side of the River, bu� is pr�vately owned. The G+�mm,i.tt�a� �s prpposi�n,� ta puxcha.se xwo Hayes River lots, where they wauld loca�� th� �he�t�x bui�,din$ and parking facilities. The islands �rauld be developed with blacktop walkway� with white stripes painted dpwn the mxddle of them, so that the partially b�ind can tour th� grounds on their �� Minutes o� the Parks � Recreation Commission Meeting, March 26, 1973. Page 2 � ISLANDS OF PEACE �CON�T)� own. There will be special pi.cnic tables with partial benches, so that wheel chairs can easily be pushed up to them, and they will be slightly higher than a regular picnic table, so that the axms of the chairs will slide under. At various loca�ior�s along thQ paths, there will be recorded messages, describing the area to those who cannot see for themselves. Information signs will have both lettering and braille . There will be foux fishing piers and two 28' pontoon boats. The Committee also hopes to provide ovexnight camping facilities. Future plans include an interpretive center which, among other things, will explain the flood plain. Future plans could include a swimming pool, especially designed for the handicapped. 'ihe �udget £o� the campleted proj�rct is $300,OQ0.00. About half of this amount will go for land acaui.sition and the building would cost about $60,000.00. The two Hayes River lats would cpst $71,QOO.OQ, which would add 4.3 acxes of river front property, g�.ving access to the islands, Mr. Ed Wilmes, Originator of the project, was present ar►d added that the City has valued the two Hayes River lots at $60,800.00, and has indicated that the $71,000.00 asking price is reasonable. The lots are quite sizeable, inasmuch as they axe 446' X 420' deep. n The praject is unique in that it will preserve nature within the metropolitan area and provide for the handicapped. M�. Blair asked if there is a de£inite time table? Mx. Dunwiddie indicated that they would Like to begin this coming Summer, with a ppxtion of it to ba completed by Fall. All development is pending funds, The Paxks and Re�reation Aepartment has estimated that it would cost approximatel�r $�3S,OQQ.pQ annually, to maintain this project. Mr. Fitzpatrick thanked Mr. Dunw�.ddie for his presentation. MINUT�S OF THE FEBRUARY Z6, 19Tj MEETING� MOTION by K.inFzham, Seeonded by ��a.iac, xo' apt�.o've �he M-i.►�.u.te.s o� �he Regca.�an Panh.� and Recice.a.t.i.an Camm.i,�d-i.an Mee,�'.i.ng, da�ed Febnu.an.y 26, 19y3. T e Ma�.i.an ccucn�i.ed, FRIDLEY YOUTH FQO18ALl. ASSOCIATION� M�'. Gax� 0'A�11, Presi,dent o£ the Fridley Xouth Football Association, was present to update th� Commission on the activities of the Association and to discuss the agreement betweem the City and the F.Y.F.A. • '� Mr. 0'Dell stated that in 1972 they ha,'. 140 girls playing flag football and 530 boys playin� t�ack�e faotbal.l. In 1973, �hey are ants�:pati�►g appr�ximately 1t3U girls and 600 bays will be playing football within their programs. M7�. Q'Ae�,l $aid th�t the only real change £or the coming season is that the max�mum w�ight for �h� Heavy Cub Div,�sion wi11 l�e changed from 125 pounds to 130 pounds by the er�d of the season. BQys will have to stay under the 1�0 pound through the end of the s�ason, to remain eligible for play. Minutes of the Parks � Recreation Commission Meetin , March 26, 1973. Pa e 3 � rRIDI.EY YOUTH FOOTBALL ASSOCIATION �CON�T): /�1 F,Y.F.A. is also helping to sponsor the Babe Ruth Baseball program. In 1972, there were 120 boys registered to play baseball and they are anticipating from 150 to 180 bpys will be playing with the Babe Ruth teams for 1973. The F.Y.F.A. has also approved $716.OQ in funds £or introducing the farm system for 13 year olds. Fpr a couple vf years, the F.Y.F.A. and the Parks and Recreation Department hav�e been trying to start a yauth Basketball program, with the aid o£ the Senior High B�sketball coach, but there has been some difficulty with use of the facilities. It is presently proposed that a meeting will be set with the School Board, and hopefully the gymnasiums w�ll be made available for use on Saturday mornings. One request that Mr. 0'Aell made on behalf of the Babe Ruth program, was that a m�terial called "agricultural limestone" be used in place of the regular infield m�x, which could prevent some otherwise rained�out games. It would cost about $�80.00 and ths F,Y.F.A. is willing to pay for this out of the money which is to b� paid to the City for officials, The Commissioners said that they didn't see any problem with this, but that Paul Brown should be consulted upon his return to �he office. The Coramission turned their attention to the Agreement between the City and the F.Y.F.A. Section #3 under the F.Y.F.A.'s responsibilities calls for the sponsoring o� a banquet to be held at the season's end. Due to the size of the group, this has been changed to an annual awards night, and no food is served. Section #4 under the City�s responsibilities calls for setting up of field txips, and the F.Y.F.A. has not been taking the bo}s on these trips for the past several years, So it was recommended that both of these items be omitted from the Agreement. The Secretary will prepare the new agreement and mail it out for signatures. MOTTpN 6y BQ,a,�c, Secanded by S�',imm.2en, �a appnave .the neeammend.a,ti;on.6 0� xhe Fn.i.dX.ey yawih fi�,o.iba.� Aa.aac�.a�ian and �a can�.i.nue ope�ca,.t,i,ng �he pnagncxmb undetc xhe nev.i,aed A�neemewt. The INv�c;an ecuvc..i,ed. � VACATION OF EASFI�IENT ADJACENT T0 RICE CREEK� Mr. Craig Wi.11ey was prasent to request the (:ommission's vermissi�n t� �a�:�r.� rhP alley easemeiit at p7th Avenue, between Anoka and Fridley Streets, adjacent t.� kice C�eek. The �asement is 3Q' wide and is partially at an angle wh-ere is drops off to the Cxeek. �1x, Willey has purchased a lot and plans to build a home on it, but due to the City cod�s and the location of the easement, will need to extend the $tructure beyond th+e legal boundaries within his pxoperty line. The reason he a�proached the Commission is that the property on the South szde of the Creek belongs fio the Paxks and Recreation Aepartment, and the City has requested their approval a� recammendation on vacation a� the easement, Mx. Valkman recommended that Mx, Wi11ey approach the Board of Appeals and request s�ecial permission oz� variance in the code, rather than to vacate the alley. The /1 Cpmmission felt there would be no problems, and agreed to honor the recommendations o� the Planning Commission, and BQard of Appeals, as long as it do�s not con£lict with a�y dedicati.ons or oth�r committee action, ON b�.ea.v�. Secanded b S.#,imm.�e�c, �ta �s�a,ie �he Camm.i.ba�.on'�3 a.i.n�i,an an �he an a e ea.aeme an vev►.u.e ... een no a.n � o,. ���,00a�� na ab�er,,�c.an, w.�.th, .�h2 6�f.pu,�a�i.an �ha� �ome a�.avu�eme,nt e. m e a n a� p�capeJ�iy a.e.ang" �h2 eJceeFt, � and xh t.i.t mu,a� be aaneeab.�e w.i.th a elc � -. �� Minutes of the Parks $ Recreation Commissian Meeting, March 26, 1973. Pa e 4 r,4LE OF RARK PROPERTY, Mr. Fa.tzpatrick asked ��dr. Volkman�to discuss the sale of the property which is a portion of Flanery Park. The purpose in selling the parcel is that it is o£ no value to the City and is presently used as parking space fox the residents whose � pxoperty adjoins this strip of land, There is a home located on a lot which is surrounded an three sides by park propexty. The Assessing Department has.placed a value of $6,500.Q0 on the parcel of property which we are desining to sell. The legal description a£ the property is the West 80' of the South 150' of Lot 6, Auditors Sub Aivision #12g, The size of the lot is 80' X 150'. Mervin Herrmann, City Assessor, says there are no legal problems with the sale and Paul Brown was consulted before he left on his trip, and feels we should sell. Mr, Fitzpatrick asked if it has access value? Mr, Volkman stated that it would not be needed for acc�ss to the Park. Mr, Fit2patrick agreed that we sltould proceed with the sale o£ the property. Mr. Stimmler asked who wauld set the asking pxice. Mr. Fitzpatrick said that the City w�11 set the price. M�7IUN 6 K.vc,Fzhum Seconded b S.t.immQesc, .ta eancutc w,�th �h.e Pcvch,� and Reelc.ea�i,an e enx a a c ee uu,i e.a e a � e a1c e�c.t o c,ax a n� e Glea z g a e a a a h.a u .cv.c„s,c,o n a.4 a a,a a ea n co n an� e nb . e a n c,afuu. . ��1PING IN NORTH PARK� Mr. K�.rkham repoxted tha� he had been contacted regarding some dumping in North Park. He said that it was a pile of sand, about 25' high and approximately �400' North of the property lina. Mr. Kirkham asked if the City was awaxe of this? Mr. Volkman stated that he was nat, but that he'd check into it immediately. He went on to explain that there wi1�. be a gate installed across the access road which is next ta the railxaad tracks. This will give the City, as well as the utility companies, access to the park. The other two dirt crossings will be eliminated. Mr. Vqlkman will check into the dumping rsport and inform the Commissioners of his findings. AIREATION SYSTEM FQR MOORE LAKE� M�. Valkman upda��d the Commission an ths progress of the aireation system for Moore Lake. He said that he had compiled the infoxmation and that� he had given it to Mr. Davzs for his recammsndation. We are pxesently awaiting his xes�onse. It is thought that a study wi.11 be conducted before anything major is done. . HOCI<EY ASSOCIATION REORGANIIATION� ��r. Fitzpatxick a�ked iP the Hackey reoxganization would aifect Fridley, Mr. Stimmler �id that th� pra osed xeox�anization would be set up with school districts, rathar ^ tjran City boundar�es. Boys wi11 I�a expected ta play within their own school districts and this wil� deftnixaly create p�oblems £or a City which hauses £our school districts. ADJQURI�MMENT � MOT T 4N by S�imm�.�., �o czd� awcn �he mee,#,i.ng at 9: 2 S p. m, � Th� next regular m�sting �ri11 ge held an Monday, April 23, 1973, at 7:30 �.m., in the Community"Roqm c�f �ridlex._Civic Cente�., '` . G��U��Y St3b111J.�tf'.c�, /�%>f�i. . 4��:,�;� ;',.>:�.5! CAf!1iE :i'C'JRDAHL_ �ecretar� tn rha (^��mmi ec 6 �� � � / \ 0 �� 6. BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MEETING OF MAY 10, 1973. The meeting was called to order by Chairman Lindblad at 8:03 P.M. Roll call was taken. MEMBERS PRESENT: Lindblad, Tonco, Cariolario, Treuenfels I�MBERS ABSENT: Simoneau OTHERS PRESENT: Jerrold Boardman, Planning Assistant MOTION by Tonco, Seconded by Cariolano, to approve the minutes of the April 26, 1973 meeting as written. 1. Consideration of a request to canstruct a dust collector to the present building located on Lot 26, Block 2, Commerce Park, the same being 7521 Commerce Lane N E Fridley, biinnesmxa. (Request by Form Products, 7521 Commerce Lane N E, Fridley, Minnesota 554321. Mr. George Barry was present for Form Products. Mr. Barry showed the board a picture of the dust collector and explained its purpose. He said that it will be on a concrete base and comes equipped"with a silencer. The unit is approximately 15-1/2 feet high, by 10 feet deep and by 6. feet wide. It will be located approximately 8 feet from the building in the rear /'� Yard. - Mr. Tonco asked if he was planniig on any screening. Mr. Barry said that they will put up a redwood fence for screening purposes as well as for security. He said that the fence would be 8 feet high. T Mr. Tonco asked if there might be some other type of enclosure for the unit, such as decorative concrete block, so that he could completely enclose the unit and tie it into the existing building. Mr. Barry s aid that this would be totally unfeasible because of the cost involved. Mr. Boardman suggested that trees could be planted in conjunction with the fence and that this would break up the bulk of the equipment that shows above the fence. Mr. Barry asked why he is being forced to do all this extra work when no one else in the area has had to do it. Mr. Boardman said that all we can do is suggest that certain things be done until an alteration is requested. This request then gives the City a lever to bring property up to the standards of the City. Mrs. Treuenfels asked if the fence could be increased to enclose more area so that � the equipment will not look as big as it is. Mr. Barry said that the fence would be 20' x 30' with redwood verticle beards and would also enclose some garbage barrels that are in the.rear yard. 6 g �� . � . � . _ - . � � � . BUILDING STANDARDS-DESIGN CONTROL SUBCOI�IITTEE I�ETING OF MAY 10, 1973 PAGE TWO Mr. Lindblad said that this would be much better because the increased size of the fence aould not make the equipment look like such a sore thumb. Mr. Boardman asked if the board still wanted the additional planting screen, All agreed that it was not necessary as long as the fenced area was increased. MOTION by Treuenfels, Seconded by Carialano., to recommend to Council tha approval of the construction of a dust collector to.the present structure with the following stipulation: 1. An 8 foot Redwood verticle board fence to enclose a 20'x330' space around the cust collector be provided. . UPON A VOICE VOTE, all voting aye, the motion carried unanimously. Because there was no further new or old business, Chairman Lindblad adjourned the meeting at 8:45 P.M. � Res ectfully Submitted, G%'� . Jerrold L. Boardman Planning Assistant . � � THE MINUTES OF THE BOARD OF APPEALS SUBCOMMITTEE MEETING OF MAY 15, 1973 �`� The meeting was called to order by Chairman Drigans at 7:45 P.M. MEhiBERS PRESENT: Drigans, Crowder, Harju, Wahlberg MEMBERS ABSENT: None OTHERS PRESENT: Howard Mattson, Engineerii.g Aide, and Jerry Boardman, Planning Assistant MOTION by Wahlberg, to apprave the minutes of the April 24, 1973 meeting as written. Secor�ded by Crowder. Upon a voice vote, there being no nays, the motion carried unanimously. 1. A REQUEST FOR A VARIANCE OF SECTION 45.053. 4A. FRIDLEY CITY CODE, TO REDUCE THE N.E „ MINNEAPOLIS� MINNESOTA,) MOTION by Crowder, seconded by Wahlberg, to waive reading the public hearing notice. Upon a voice vote, there being no nays, the motion carried. Mr. Ranst�om was present to present the request. He presented an overlay of the property to the Board for their review. This showed the pxoposed location of the structure on the lot and the elevations of the lot. �, Chairman i7rigans stated that there is a vacation request, for a 20 foot utility line between Lots 10 and 11, pending before the City Council on May 21, 1973. The variance, if granted, would have to be contingent upon.the vacation being granted. Mr. Harju arrived at 7:50 P.M. Mr. Drigans said there v�as an alternate plan talked about for the garage and driveway. Mr. Ranstrom answered the dotted line on the plan shows the alternate placement iahere the garage would swing more to the southeast. Mr. Harju aslced if the house plan could be built on th�s lot without filling in the back of the lot and Mr. Ranstrom answered the house would be built with the exist,ing grades. Mrs. Wahlberg asked which dxiveway placement they preferred. � Mr. Ranstrom answered they preferred the first placement. The alternate placement might have to have a retaining wall which would be m6re cos�ly. Chai.rman Axigans stated Mr. Ranstrom was asked to appear before the Parks and Recxe�tion Commission to review the survey for the plan west and north across the creek, and if the survey showed Mr. Ranstrom owned land across the creek, he would � be asked �o donate this land to the City for park purposes. 1�Ir. Ranst�om said he wauld agree to that action, .� r� . �a�l. Thes Minutes of the Board of Appeals Meeting of May 15, 1973 Page 2 _. � Mxs. Wat��.berg asked how �ch of a drop the back af the lot has. Mr. Ranstrom answered eamewhere from 35 to 40 feet, , Chaix�nan Drigans stated s letter was received from Mr. Floyd Foslien, adjacent property owner, in which he eaid he had no objectivns to either the variance ox the vacation requeat. He said the Boaxd also received a letter from Mr. and Mrs. Gexa�ld Schwartzrock, owners of 6679 Arthur Street, which atated they had no objec�iona to the variance as long as there would be no additional assessments •�againat theix property incurred because of this alteration. Mr. Boardman aaid he had talked to Mr. Schwartzrock and had assurad him that this vari.ance would not add any asaesamenta to their property. Se added they had no further objectiona to the variance. Chairnaan I3rigans added the Board al.so received a letter from Mr. Gordon Metcalf, architect, in which he states the physical problems of this }.ot and the construction restxictiona as fax as building a dwelling on these lots. Mr. Metcalf also states severe grading apexations would destroy the aesthetic aspects of the lots and thereEore he hopes the City would grant a variance to waive the front yard setback. MOTION by Wahlberg, aecanded by Crowder, to accept the three above noted letters. Upon a vpice vote, thexe being no nays, the motion carried unanimously. Chairman Drigans asked how much footage is between the front-of the garage and the curb, Mr. Boarclman answered approximately 21 feet and a car could paxk in � that area. Mr. Crawder asked if the City has any preference on which driveway plan is used. Mr. Boardman answered no, as long as the cars don't hang into the stxeet. MOTION by Wahlberg, seconded by Harju, to close the public hearing. Upon a voice vote, thexe being no nays, the motion carried unanimously. Mrs. Wah�bexg stated that it appears that any plan i.s liudted by the steep slope on the lot and the turn circle access. She said ahe felt there is enough of a hardahip fi�hat it would be advisable to grant the vaxiance. Mr..Crowdex stated hia camments would be the same, plus the fact that due to the cu1 de sac, the applicant rea].ly has no one to line hia houae up with and his dxiveway would not interfer� with anyone else as he would be the last house on the stxeet. � Mr. Ha.xju stated he felt the house could be reversed but this probably would not lend itaelf aesthe�tical7.y to the architect. Mr, �oaxdman added that because of the size of the house to the gaxage, you aould end up with the house on atilts by xeveraing zhe plan. . MOTION by Wahlberg� seconded by Cxawder, to,reco�aend ta the City Coun�il, ^ appzaval af th� vaxianae from 35 feet•�o ll feet, cantigent on the approval of ths easement vacation by �he City and that �he Park and Recreation Commission has �a objection�. Upan a vaice vo�e, there being �a nays, the motion carried un�aar�iawus 1y . � 2, �� The Minutes of the Baard of Appeals Meeting af May 15� 1973 Page 3 1 ___-- ._ _ __ __—_ � XARD WHICH HAS A DItIV�4�JAY, FR(�I 30 FEET TO 25 FEET AND. SECTION 45.139,�, 1, E3, TO REDUCE THE DISTANC� BET�IEEN OFF STREET PARKING AND A LOT LTNE FRQrt 5 FEET TO ZERO FEET. TO ALLOW THE CONSTRUCTION OF A BUS GARAGE AND STOxAGE BUILDING TO BE Chaatrman DraLgans stated Mr. Christianson was not present at this time but since there are so many people in the audience that want to be hea.rd on this matter, the Board wc►uld hear theix opinians. Peogle present who were opposed to the variances were: Mr. & Mrs. Harold Kindric�C, .18p Rice Cxeek Terrace, Mx. & Mrs. James Makie, 200 Rice Cxaek Terrace, Mrs. Lois Parsons, 171 Rice Creek Terrace, Mr. t� Mrs. Calvin Hamilton, 181 Rice Creek Terrace, Mx, Geoxgs Aetounotea, 170 Rice Creek Terrace, Mr. & Mrs. H. Winge, 221 Rice Creek Texrace, Mr. Joaeph Mikre, 6756-7th Street, Mr. & Mxs. Robert Caffey, 6731-2nd Stxeet, Ronette Christen, 6721 rtain Street, Mr. John Hreha, 6731 Main Street, Mr. �'aul PluaQaer, 10 - 66� Way N.E., Mr. Wilfr�d Geiger, 226 Rice Cxeek Boulevard, �ix, & Mrs. Lawrence Anderson, 220 Rice Creek Boulevard, Mr. Bert Wilm, 211 Rice �reek �srraee. Mx. Michael Simons� Attorney and Counsellor at Lawp repxesenting Mrs. Lois Paraons and Mr. & Mra. Calvin Hamilton, came forward to present their objections to the variance, He pxeaented two petitions, signed by surrounding pro�exty Qwners� opposed ta th� vaxiances and who are also opposed to the intended use ^ o� the pxo�exty for the construction of a bus garage and stoxage building, MUTTON by Wahlberg, secon�ed by Ha.rju, to receive the �etitions. Upon a voice vote, thexe being no nays� the motion carriad unanimously. Mr, Simons stated he is a practicing attoxn.ey in St. Paul and he has xnanaged a mortgage company �ca he knows how this type of business can devalue th,e homes ir� the axea, H� said the genexal location of Che construation site is south of Itics.Cxeek and wes� of �tice Creek Plaza South Addition (Blocks 1 th�u 5) where th� homes are valued at $39,OOQ and upward. This site will be southwest 4� R�.ce Creek Plaza North Ad3ition where the homea are valued at $50,Q00 and upwaxd and these homes face sauthweat and would overlook the bus garage, This site is west o� blackto�ped Main Strset where thexe are homes containing little chil.dxe�n, Si,x aceaider�tial lata aouth af this ite is a park for small childxen and there 1s no sidewalk t4 tt�is �ark for the childxen ta use. Mx. Si�ons stat�u� he w�nt over� with Jexry Boardman, the ordinances that were in sf�ect when Rice Cxeek P1aza South Addition was platt�d� Qxdinanae adopted December 29� 1.955, and that it did not provide fox a bus depot in �hat �yp� of zoning. He added Ric� Cxeek P�.aza North Addition and Rice Creek Plaza South Add�.ti.on axe ca�.tiguous with this constructian aite, �. S�mons the� s�ated Ric� Cx�ek Plaza South �ddit�.on was plat�ed �.nto 6 blacks i.� i957. Bloek �.� bcarde�xi.ng on the east aide of aite, containa 13 ].ogs and has homes wi�t�► a�ubataatial, valua, �lock �, bord�ri.ng Main Stree� and across fxom � the ��.�e� contain� 7.3 lots ar�d a playground which faee� can,ta �tain S�ree�, Block 3 , t�a� �� lat� wi�h hom�e with great value Bl.ock 4 with 15 �.ots has simiJ.ax. hausea a�� B�a�k � has 17 ].ate and Blo�k 6 has �,Q lots, . �� The Minutes of�the Board of Ap��als Meeting a� Mav 15, 1973 Pa�e 4 Mx Si�ons xead from the 1973 Fridley Calendar where it stated, "Fridley offers ,� canoexs a chance to explore Rice Creek ar�d ita mystic beauty. Rice Cxeek flows through the heart Qf Fridley, ai�d often timea makes you bslieve you're off in same foxgotten p1�ce," Mr. Simons said the area that is spoken of in thia calendax is irnmediately adjacent to the 1ot that yau propose to change to a bus termin�l. , Mr, S�.mons then raad excerpts from the "Restrictions and Covenants" attached to Rice Creek P1aza Sauth Addition. He stated these restxictions are affixed to every pi.ece of land in thia subdivision, except Block 6, and these paople have to �bi.de by them. Mr. Simons read the "Land Use and Building Type" permi�ted, which is single �acuily anly in�luding up to 3 car garages, and incidental stxucturea such as playhous�s or outdoor living rooms He continued reading "Architectural Control", �'Dwelling Goats, Qual�.ty and Size", "Building Location", "Nuisances ", and "Garbage and Refuse Disposal", Mr. Simons read that "theae cavenants are to run with the l�nd and sha11 be binding on all parties for a period of twenty years from the first day of May, 1958". He said these people are bound by these covenants until 1978 and they live right across the street from thia proposed construction. Mx. Simons continued Mrs. Paraons, a widow since July, 1972, has five children and is pxoud o� her home that is acrosa from this site. He said these people have to maintain and pxateat their homea as best as they can and they must trus*y ouu, tlne �ity, to pxotect their rights also. He said the City is creating a hardship on these peopl� by a17.owing aomething like this to be canstructed. ^ Mx. S�.mo�ns read Para$raph I under Section 45.131, Uaes Permitted in M-1 Zoning which atated; "Other wholesale, light manufacturing, conatruction or service usas which are similax in charactez to those enumerated above, will not be dangeroua ox otherwise de�rimental to persons residing or working in the vicinity thereaf, ax to the public welfare, and will not impair tha use, enjoyment or value of any pxapexty, but not �.ncluding any usea excluded hereinafter". He then said referxing to the same Oxdinance, under Section 45.132, Paragraph Q, Usea Excluded in M-1 Zoning, he �ead; "Any other use which is objectionable by xeason of noise, dust, dixt, noxioua gases, odor, Yibration, glare, or explosive or because of sub�jection of life, health and property to hazard". Mr, Simone said when the City fathers put a park in Block 2, six lots away, they were kseping in mind the welfaxe of the community with no aidewalks. He said he i.s appeali.ng to the Soard, fram the property owners, asking that the Board deny the variax►ce and that the Board recommend that the use be denied in this aase. He added hs wauld ple�d with Mr. Chriati.aneon that his interests be consistan� wi�h the community. He said that this use would violate the Cade and this uae wou�d be a complete spoilage of the neighborhood as �t conflicts with the suxxound�.�gs. Mr. S�mona read an article, �rom the Fridley newspaper, dated August, 196$, and in�itled "�tiae C�eek - A Jewel Within Oux Reach", which stated partially that mozs lamd should bs preaexved Eor public use, He said and this land they are apeaking about ia xi$ht next to this aite. Mr. Simons said in the Fridley � Comprehenaiv� �ewer Plan they ask ta prevent developm�nt on wet lands and h� s�id tha� �.s what the applicant is asking you to allow. He said thia construction w�.11 deatxo�► the bu�far to th� Gxeek and aesthetically there can be no questian �t��� it is a destruction ta the neighborhood and it will be htzardous for children and �.t will decraass ths value of the land and it will be cxeating heavy noise and t'ha� i.� wil�. pol.lut� V18ua11y. He said he auggesta that iC will add to the pallution �:+� The Minutes of the Board of Appeals Meetin� of Mav 15, 1973 Pat�e 5 of Rice Creek by spillage fxom the buses being washed /'1 said he would strongly urge Mr. Christianson for his si�e that would not detxact from the community. into the Creek. Mac. Simons reconsidexation to a different Mr. James Makie, 200 Rice Creek Terrace, stated he very strongly objects to the vaxiances and the building of thia bus garage. He said he is a Graduate Mechanical Fngineer, a Registered Pxofessional Engineer, a member of the State Society of Profesaional Engineers and a member of the National S�ciety of Professional Eng ine�ers . Mx. Makie said from the environmental point of view, the housing of buses next to Rice Creek seams to be in agreement with what our grandparents have done in Minnesapalis. He said if we would only learn from what has happened. He said he xead they now want to tear down all the commercial buildings along the Mississippi Rivax and put the beauty back in that area. He said here, we talk about building along our beautiful creek. He said we should Iearn from history. Mx. Makie continued that there is a pipe, 3 feet in diameter, that comes down to the Cresk a�d originates from Aesignware. He said Designware does anodizing, and from the colors he observed coming out of the pipe, he assumed they were dumping their anodizing tanks into the Creek. He said he reported this to the Corp of Engineers. He said we don't seem to be leaxning, a spillway would be more • pollutian, He said from this standpoint, he is very concerned with this building along the Creek. , Mr. Makie sa:Cd his job involves technical accident work whexe they try to � reconstruct an accident to see why and how it happened'. He said from this standpoi�nt h e is also very concerned for the childxen in his neighborhood because of the eargo trucks that will be coming to this site. He said there are no laws governing maintenance of these trucks and he has investigat�d many accidents where these txucks have had brake failure. These trucks will be servicing these buses and will be coming down the side streets where the children are playing in the streets, He said this area is not used to a large volume of traffic. He said the bus drivers would get used to having the children in the street but the truck drivers wauld not be used to the area. He added the streets are not wide enQUgh for a large volume of traffic. Mr. Ha.rju stated this Board does not act on the land use or the size and type of building but only on variances of footage to lot lines. Mr. Ma.k�.e said if these variances are not granted, the garage could not be built. Mxs. Calvi.n Hamilton stated her children ride their bicycles on the street. She said they have estimated the 17 buses w ill be ma.king 80 trips a day on these streets and she asked the Board if they thought that was reasonable on a residential street. Mr. Drigans stated that the Code that the Board has to follow, specifically states that bus and taxi storage yards are allowed in M-1 Zoning. Mr. Simons said yes but this use is inconsist nt with the area and it requires /1 special �crutinizi.ng fox what land use should be allowed. Mr. Drigans informed the audience that the Board of Appeala is merely an advisary baard to make recommendations to the City Council on variances. The City Council has other advisory boards like the Planning Commission and Building Standards- �� .� Th� Minutea of the Baaxd of Appaals Meeting of Mav 15, 1973 Pai�e 6 Aeaign Control Committee that advises them on land us� and building types and � desi$n. Mx. Chri�t�anaon arrived at 9:45 P.M, Mx, Christianaon came foxward to gresent his reques� . He stated they need a five foot v�riance to allaw the parking lot to be ug to the pxoperty line. He said they want the variance as it would make it easiex to build but they could build without the vaxia�nce by awving the parking 1ot to the �xont of the building. He said as far as polluting the creek, they have to follaw the xequirements of the Watershed Commission so he could see no pxoblem with pollution. He sa�.d as fax as the tr,ucks using residential streets, they would be using Main Stxeet only w'hich is not totally a residential street, it does have �ight industry bordexing i� a�.so. Mr. Drigana asked Mr. Chriatianson if he could buy five more feet of land to the south so they would not need the second variance for the side yard. Mr. Christianson said they have a purchase agreement for the �orth 25 feet of Lot 2 and he felt they could acquire five more feet. He said he didm't think that five teet would hurt the adjacent property owners. He said he has awned th�s propexty since 1955 and since their present bus garage is to small, they wanted to now ut�lize this land. Mr. Boardman said that there is a road easement to �he weat that would have to be vacated before construction. � Mr. Chri,stianson said he thought the aasement had already been �taca�ed and he just found au� today that he would have to have it vacated. Mx. Drigans asked what the drainage plan was as the peaple were concerned, Mx. Chxistianaon said they will have a catch basin and storm sewer but they will have to meet Watershed xestrictions. He said �hey want to keep the area as natural as possib�e and they only plan on taking out 3 txQes. Hs sa�.d the prop�rty ia exoding now because of the motoxcycles that use it as a raadway. H� said the 17 busea would be inside the building when they are not in u�e and they would be driven di=ectly into the building. He said they have parking fnside� �he garage for 2Q buses, He said the building would have metal panels of a g�een colox so it will blend in. Mrs. Wahlbexg sai.d aince the Qeople seem to object to a metal build�ng, would he cons�Idex anvth�r type of building. • Mr, Chxistianson answered he would change anything within reason that the City wauld require. He said thex do have trained drivers and the txansport dxivers would only be coming in once a month so there ahould be no traffic problems. Mx, 8etounotes asked what Mr. Christianeon was going to do in 5 yea�rs when the business �xpanded. • ^ Mx. Chxis�ianaon aaid ha n�aver planned on expanding. He said according to the schQOls, the popula�ian is decxeasing and they do not plan to ever have to e.�ccpand, The Min�tes af tne �o�xd of Aupeals Meetin� of Mav 15� 1973 Pa�e 7 �� Mx. Calvin Hamilton said Mr. Christianson has said they awned this land sincs n, 1955 with the purpose in min� of building a bus gaxage on it. He asked if he was GOTI�G� in sayin� that the Zoning Ordinance in 1955 would not allow a bua gara�e. Cha:Crman Ihri�ans anewered he thought it was not specifically allowed or disallowed. MQTION by Cxowdex, aeconded by Wahlberg, to close the public hearing. Upon a voi.ce vata, there being no nays, the motion carried unanimously Mx. Har,ju atated the appllcant has a right to build on hie land when he meets ths Codea, H� sai.d he� would rather see him park behind the building than in front ofi�iC. He said he is nvt in favor of the side yard variance but the parking lot vaxianas aeems reasonable. Mx. GroWdex aaid h� basically goea along with what Mr. Haxju said, He said ws have quite a number of these buildings in the area and be it not for residential homes acroas the street, this vaxiance wpuld be acted on with a lot lase diacusaian. He said the side yaxd variance irom 30 feet to 25 feet ia nat a hardship as he could buy more land. Mrs. Wahlberg atated that this is an unfoxtunate land uae as ahe felt the land that abuts the creek could be used in a bettex manner, She said he i� xest�cicted by the fact �hat the land is zoned 1rL-1 and has been zoned M-1 fax quite some tim�e 8he said he has the right to build on his land whether the Board grants the � varianG� ar not. Shs said it would be an advantage to thes neighbarhood to have �he parking �iehind thia building inatead of in the frant of it, She said the anly way ahe felt ahe cauld show her disapproval for allcnaing such a businesa from going into an area lik�a this would ba to vote against the variances. . C'h�tirman Arigans stated he was not convinced that the envixonmental regulatio�►s are adequa�e iox putting any industrial development next to a park that has any haxard to the envi.ronmant. He said tlne Board could table this request and re�er this item to the Planning Commission to let [hem malce a decision on the land use, MOTTON by Hazju, $econded by Wahlberg, to refer thia item to the Planning Commiseian �ox their r�,comrnendation on the ].and uae and table this iteu� until auch �ime as this regort is ready. Upon a voi.ce vote, thers being no �nays, ths moticar� carri�d unaniz�ously. Recesss Chairman Dacigans sai.d there would be a 10 minute recess at 10;50 P.M. Reeonvensd,' Chai�man Arigans reconvened the meeting at i1.:00 P.M. i 3, A REQUEST FOR A VARIANCE O�F SECTION 56 O5, 3E�. FRIDLE � �'he Minutes of tne �oaxd of Ap�ea�s Meetin� of Mav 15, 1973 Pag� $�-� . ris: Jud�th Shea was preaent to present the re�uest. She said the sign is nvw � located on Che�r Hopkins Office and they plan to cut it down to be 90 to 95 aquare #set. She aaid this aign is very much the same as what ia existing at Ha11y Shopping Center and they would be accupying the last office on the west end �f the centex. She said by being able to use this aign they would be • � aaving appxoximately $2,000.00 in coat. . Ms, Shea eontinued the sign will be interiox lit and will be attached to the fxont canopy of the building. She said it will be tipped at an angle toward • University Avenue, ae all the signs are, for easiex readibility. Chairman Drigans atated the Board had received a letter from Edina Realty, Inc. which ataCed their vaxiance request. � MpTTON by Wahlberg, seconded by Harju, to accept the letter from Edina Realty, Inc. Upon a voics vote, there being no nays, the motion carried unanimously. Ms. Shea said that the furniture store that will be moving in next door to them will have a sma,ller aign than they are allowed ao that end of the shopping center won't be unbalanced. � MOTION by Crawder, seconded by Wahlberg, to close the public hearing. Upon a voice vote, there being no na.ys, the motion carried unanimously. Mr. Harju aeked if any other stores in Holly have xeceived variances. Chairman Drigans said he knew Leibs had received a variance and he thought � Penny'e had a variance. Mx. Crawder and Mrs, Wahlbarg both stated they had no objection to the variance. MQ1"LON by WahlUerg, aeconded by Crowder, to recocnnend to the City Council, approval of the variance. Upon a voice vote, there being no nays, the moti.on caxried unanimously, �+. A RF.^UEST FOR A VARIANCE OF SECTION 45.053. 4B. FRIDLEY CITY CODE. T4 REDUCE THE REQUIR�D SIDE YARD FROM 10 1�EET TO 8.5 FBET TO ALLOW THE CONSTRUCTION OF AN MATION by Wahlberg, seconded by Crowder, to waive reading the public hearing natic�. UpQn a voice vote, there being no nays, the motion carried. Mr. Riaktex w$s present to present the requeat. Mx. Rickter stated he would like to constxuct a 17 foot 2�.nch by 18 foot addition onto the back of the house. H� said they would like the addition to be flush with the north wall of their home that is 8.5 feet from th� lot line. He added their garage is on thaC side of their dwelling so it does have a legal setback now. Mr, Ricktex said the addition would be a dining room and family room with a � door i�n�a tha kitchen. The addition would have sliding glass dooxa out the back. � r'�d+ �na M�nutes of t.�� noard of A��ea�s MeetinR of Mav 15, 19i.3 Page � M,r. & Mxs. Joseph Mikre, 6756 - 7th Street, neighbora to the north, came forwaxd � to heax th� gxesentation. Mr. Mikxe said he did not wish to object ta the variance but he did want to ask about the addition creating a fire hazard, setting a grecedernt ia the neighbaxhood, and wondered i� it would devalue his property. Chairma�n Drigans atated Mr. Rickter is within the Code right now as a garage can be within 5 iest af the lot line but living area must be 10 feet from the line. Iie said the applicant could move the addition 1.5 feet further away from the line but that wauld resutlC in a jog in the wall, which might look worae than�having the addi.tioa closex to th� 1ot line. Mar. Mi.kre asked about tha fire hazard. Chai.rman Drigana answered that the Board trys to keep 15 feet between stxuctures and he sai.d that aince Mr. Mikre's house is 7.13 feet from the line, there should be no probleaa as to c�c�ting a fire hazard, 1�kOTION by Crowder, seconded by Harju, to close the public hearing. Upon a vaice vote, there being no �ays, the motion carried unanimously. � Cha�,raan Dr3.gans said that the apparent hardship is that he wants to keep the additivn flush with the addition but he would not be going any closer tb_ the lins than he is already. Mr. C�awdex stated that �echnically, he is a long way from the adjacent structures, ^ MOTION by Crawder„ seconded by Harju, to recos�end to the City Council, approval of �he variance for the reasons stated above. Upon a vaice vote, there being no aaye, �t►e mo�ion carried unanimously. AATOURNM�NT s The me�ting was adjourned by Chairman Arigans at 11;35 P.M. Respectfully 8ubmitted, U � � 1��ARY HI1�1T Secret�.ry - /'\ .. ,• ." . . . ^ � . CITY Op FRIDLEY MINNESQ'�A p'L�NIiING AND ZANINC FORM MW�bts„ �f�l� 73 - d �" � . AAYL�CANT'8 9�GNATURE , ? ��r�.• „312$ �osS R�l� N ��.,�— �`t� T��Rphont Nacaber ��� ' � � �iL .*. � . PItQD�A'I'Y OWNER' S S�GNANRE Add�qs� TA��Fha�� Number ��tao� Z.ocation of Pxop�rcy��7o� Arthur Street TYPE OF R�QUEST �� �„�,_,_tt�;oning �_Sptcial tlPe Pe�1�� v�rl8nce AAPr°v�l P� P�e, 1 io►inary pl�t ________�PProval o� ��.Mi Piat ,� 02 .riG v�.� ��Stree te oF �.;�,-, >�-�-,, . Vacatlana _______,_„Othe r .j�g;l pQO�=iption of P�operty Lot 10 and 1I, Block 1, Rice Creek Schoo.Z�� „�l�r �lddition. p���ont Zor►ing Claaeification R-1 , F,x�1�Gi�g U�t of the Puope�ty Vacant , ---.---..-.... �'xopoted �o�ing Clavei$ieatioa� Special Use� Varie�ce or other reqaest ��egues� _ or .,a� t,inn nf t�ti �, t�,�,�d drainaae easement between Lots .ZO and Il; � T p�lr�xlbe bsiefly che 1j►ps of Ust and the Imptovement Propo�ed Construction of o ts. .... �A+erRt�t o[ Property �/4 ^ lif� tha �r�aoat Applicant PreviouaYy Sou�ht to Re�ocss. T�l�t� �bta�n +� �,ot Sp1it, Obt�tia s VAr14ac� or Spacl,al U�e P�rmit on tht Subject Site or past pf It?�;,� , � �. liheni . I�That M�• Reqve�ted Fe4 Encloaed $.-�b`�� �S�%� OsC� F11,ed D4te of Nearin� ...� .. ..�. �, n • •. � /'� 0 � 0 0 pL�NNING ANI� ZONINC FORM � � Nw�b�r �� i�— �� D � � � . . .___„� P/lCE 2 i :� . . 'n+� va¢as�igned unde=stands thats (a) A ii�t oi all res.ident• and oWners of pro- perty withi� 300 feet muse b. atteched tp thie appli�ation. (b� Thie application must be aigncd by ell owners of th2 propeYty� or an explanatioa �iven why thi� ia not the ca�e. �. (c� Responsibility for a�y deiect 1n the pro- . teeding� stsulting ftom the failure to liat � the aumea end add-rea�ea of all residenta and propertf owr�ero of property Within 300 feet of the property in queation� belongs to the undersi�ned, Re�ideata And OwnerB of �sopeYty wi�hia 30A feet:' PERSON5 ADARES& � 0 A•ketch oi proposed property end atructure must be dre��n on the back of thie lotcm or attached, sttowing the followiag: 1. �lotth Direction . 2. Locatiaa of Proposed Structure on lot. 3. Dimet►sions of property, proposed structuz�. and front and side seC-Dacks. . . 4. Street Names S. Location Znd uae of adjacent existing � buildings (Within 300 feet). �be und�i�ig�ed hereby deClares that all the f�cta e�d representaticna •tated i,a ��tis �pplication ere true �nd correct. " �� ������ � (AYPLICANT) . , .,, • • �... . � .. ' ' , •*4*t*1`s+r . App�oved Dsnied Dy the 3oaid o� Rppeiis /"'� iqb�tct,t4 tha Folloving Condition�: date ApptQVed Deaied by th4 F1eAniag Co�mmi�stoa ort liu�ject co the �oll�owing Cond�,tioaas da�e �ppcoved Dsnied by the Gauncil on �ub ject tp the Fol�,owing Conrlf.t�onai � ' ast� �'o� � 1QA ' .� , � . � � � . �� � � � MEMORANDUM r rO����rbmo �� �� Parks at�d Recreation Com..mission F�idley F.�anning Commission �IIY OF �RIDLEY 6431 Universi,ty Avenue N.E. Fridley, Minnesota 55432 PAUt SROGIN, �.ucec.ton Phone: 560-3450 X64 DATE: May 17, 1973 c�. J SI�JECT: D'isec+,.or�s Personal Opinion on two F�� Paul Brcran� Director sub�ects ' �t•s*�*+r �+t**•*�t*��t���*�t*�t�w�ts�t�t••�a�t�***�t* Dear Co�i.ssioners� Please be advlsed of the two followiag subjects and my personal opiniors in respect to fui;ure ac�ion to be taken. 1. Lot 1� Block 1- Oa� Grove Addition to Fridley Park This piece of land fits in with our overall plan to acq�aire as much Rice Creek land as possible in this irimedia �e area. Ii is my fee? ix�g trat the city should proceed to acquire this s�nall section of land in this area. 2. Lots 10 and I1� Block 1- Rice Creek School Addition Oiu� Rice Creek Park is in this area. This paxticular piece o� �and is on ihe south boundary. The majority of the lots is a s-teep hill, ihere has been a reau�st to vacate the ease:nent. If the lots are purchased on '��op oi the hill� there will be a home erected. Opinion: 1. I+ is mp feeling t�at our main construction of ;hi.s ^ark will be on the north side oi the creek. I feel that we sri.11 have no stra�eo�c need for the le�rer part of these lots. only. , 2. The trails Ko�ald go on the north side of Creek. 3. Ar�r bridges i:�s+..�Zled would favor use on �ne north propert;� 1�. This Li�its the property owners usa of nis se�t;.on of la.nd � and leaves very little property �or nis use. 5. Suggest we leave the lots a,s they are. 6. If and when we plan and start t� develov thE land, ii i� ;:y feelin�; that if we need a p2rt ar sectzon of the lot for s�r.�e type of use �hat the home o��rner can be contacted for his aQOparation ' _ e tfull.y submit ed, PB �Q� G!G�vl./� . r_rt Cit7 MananPr i / _ _ /� . � 0 �. �raon RosB Metcal� - Arc�itect �� , 2�3� Urbandale Lane Wa�*zata, Minnesota 55391 � 5 May, 1973 l�ir. Dennis Ranstrom 1871 i�Te st eo. Rd. "C" Roseville, Minnesota 55113 Dear Mr. Ranstrom: This letter is to advise you es to m� decisions , relative to the design of your proposed new resi- dence to be located on lots 10 & 11, Rice Creek School Addition. � I found, after ex�mining the topographic survey � authored b9 Camstock and Danis Inc., anc� after � � a personal visit to the site, that certain physi�al cha.racteristics of the propert�, and several aesthetic considerations r�ave' restricted the actual construction site to approximatels that as indicated � d on the sketch site plan ( sent under seperate cover). The ph,ysical problems are namel,y the sev�re drainage swale located in the Sou�h central area of lot 11, and the mature tree clumps located near the East lir.a of lot 11 and the South area of lot l0, in addition to the general steep slopes of both lots. The aestnet- ic aspects include the views and the desire not to destroy the natural enniroment by severe grading . operations. In my opinion, based on the known data, an atte�r.ut to constrnct the residence over the swale would reauire either pouring footings on fill, which is "taboo", or . prohibitive costs in pilir.g, compacted fillin�3 c^er- , ations and/or other non-conventional site �aork for residential construction. I am aware of the set-back requirements as per the zoning ordinance, but would • hope the Village might gmant a variance 3n view of the above, and the fact such � waiver would not harm ' ' your neighbora with respect t,o light and ventilation, ^ nor would it harm the basic intent of setback lines. i ReBpeCti�.111y 9oursy - ' �r _ .r- �'i� . - - �`+' ci=/ � /� ' . . � . . �� Gordon R.�Me�ca1P,_Arclyitect � � t . _`_��.. �/ . a � ��� � a �� � FIAYD F . FOSLIEN 3345 University Avenue S. E. Minneapolis, Minnesota ' May 4, 1973 Planning Commission, Mayor, and City Council City of Fridley 6431 University Avenue N. E. Fridley, Minnesota 55432 ' Gentlemen: It has come to my attention that the Board of Appeals, Planning Commission, and City Council will be consideri.ng the following requests by Mr. Dennis A. Ranstrom: � r 1. A request for a variance of Section 45.053, 4A, Fridley City Code, to reduce the front yard setback from 35 feet to 11 reet to allow the construction of a dwelling on Lots 10 and 11, Block 1, Rice Creek School Addition, the same being 6700 Arthur Street N. E., Fridley, Minnesota 55432 (Request by Mr. Dennis Ranstram, 3728 Foss Road, N. E., Minneapolis, Minnesota.) 2. Vacation Request: 5AV #73-OS, Dennis A. Ranstrom: Vacate 20 foot Utility and Drainage Easement line between Lots 10 and 11, Block 1, Rice Creek School Addition, to allow the construction of a home on the two lots. I would like to make it a matter of record that I as the adjacent property owner of Lots 9 and l, Block 1, Rice Creek School Addition, have no objections to the approval of the requests for the variance or the vacation of the easement requested by Mr. Ranstrom. Respectfully, . �-- �%� � .." . GE Flo d F. Foslien � cc: Dennis Ranstrom . � . � . � - � � � . � � � . 4-�r � . LOT SUR.V�:Y CITY OF FRIDLEY I.OTS 19 b 11, Elock� 1 t.ICE CItEF'F:' SCFf00L AnD. �� SURVEY FOR � PAT ELLIS �� ^ 6641 CIlA:VtiL'LL ROAI) � FRIDLEY, MI::`i�SOT.1 55432 ���� ������� �.c- - -�9o.�g - - �_ , " . � r � � � 1 � � � 1 \ . . � � � ' � � � � � � , ��' \, ;� „ ► a ,' ; � , , � � � b lv i I ;� t , , � i ',_� t � � I I � � + i I � I' _ � � �` , �? I � � � . �, ,� � + _ --iy�, ��-- --, � ' .M -- 2�i(.'�--- --' C<..` /� . . . . 'G'. •r �- �'( / �'1.P�' , ( O,+ .� ^ O L1�'�JOTCS I/tGiv IJ/ot�• I . . ! a �`G°.4GGr � �i loQ� ' . . � iUlt r'NEiP �T. �1 E� .�� .__ � • . , I I DE;SCRIP'i'i0:�: Lots 10 and 11� ��:cc�: >� 3�ice Cr����: Sc�:;ol ��ddit�o:�, Ci�ti• of Fric'_le��, An�t.a Coun[y, `�inacsota.� � + ► I liereby certify Li�at tiiis survey was r:ade ui2c:4r �;.,� dir�ct su�crvision attd that I am a duly autfaarized Registered Land Surve}•or u:�dcr the laws of the State of ;finnescta. � � . �` �-�.....E_! ' _ __ _ %.11 l l:ii;i .�> . i,U j'C � �.. i.. . Jc;te: April 20, 1973 ::icin. i�e�;. :,a. 6757 � r� � � Q � � wI • �� _I � °'� � Q r � � , � �� ° � o 0 � '� � o � h q � � � � � � � ` � � U � � O ` 0 v � n � � Q � O � 0 � ` �, �� / // � i� � ` � . � o s r��' �� J �� a J� � �� � g g�� �i - t9 ���/ ;� ��— v� �.�r A � , .� . ,4,� . / /� � � / � �. ����\ , ,, "— " �' � � � �` }� . 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Y. ,�:.__.�.:� .,.._.. icant' s ilame Lot Spli+ ; �- Date Filed: Fee:^, Receipt ;��� 7'�. Council dction:Uate R.F��ARKS : �nnRESS(ES) Street City Zip Code Street City Zip Code TII,EPHUNE �� ( S ) Home Buaineae Property Looation on Str�et �,,, �� .�, or E�cact Street Addree� Ii� A2rY �; �' ( ) f _ �!`. �.� , ,,� i� � _� �.�.. Le�al Description of iro�erty: � ��.e , r-a _ �,�� �!,� {-� �'Gti.�-�i �e�t Rea�on for Lot Split: ...,� /1 � . / ,/ -°-� %{ ' , � r,,�— . f � i �� � � �': � � � { "G.� ���i'�1 .r%�,��: :��. i'Y?r • � <: ���.ii�(-1� �j,; r � U � 'I'otal Area of i-�o:�ri.� sq. f�. � �_.e�ent Zonin; Claneif�caTion The undorai�ed hereby decl�:,.rea tnat a.11 the facts a.nd reFrencnt�tioro stated in ttiia application are true and corroct. � J �/ .. j� .., ��� . / � ? �� :s °� // ,- , � � .� � DATE:~��l�h/',-;� �-� � / �,� SIGI1t�TU�TL_'�Jl �;;.��1 �! � ..L� '= �%���-. :< PEI,O�� F0� C ITY iJ" ^ C'? Y ' �,' `� 'h ' / i l� �_ N.� ,, (Se4 ��verco a3�.� f�., e.idition�_ i.n�t�:.,�in-�...�� �_. �.. _. � Q-._._._ _ ------� ��m�,: � PLATS t, SI7E� : Date of ConaidEration - Recc�^s�e : PL�lIil;IiiG CC:::IISSI0.1: �� �e of Ccnflide�utzon - RE;L �T.'Y3 : CITY C�UI�CIL: Dc�te of Conoideration - Reinari�o : �. � _ .� i R 560-3450 C�i't o ��idCe ��� � � ANOKA COUNTY 6431 UNIVERSITY AVENUE NE May 17, 1973 FRIDLEY, MINNESOTA 55421 Robert Hall of Fridley 333 West 34th Street ' New York, New York 10001 Gentlemen: The City of Fridley has received a request for a lot split, L.S. #73-05, by Bernard B. Julkowski, to split off part of Lot 6 and 7, Auditor's Subdivision No. 153, to develop the property either multiple or commercial. ^ This property is located East of the Robert Hall store in Fridley, on the South side of 52nd Avenue N.E. There will be an informal Public Hearing on this request on Wednesday evening, May 23, 1973. The Plats F� Subdivisions-Streets $ Utilities Subcommittee will consider this i.tem at 7:00 P.M. The Planning Commission will consider this item the same evening at 8:00 P.M.. � As any development of this property may affect the Robert Hall store in Fridley at 5151 Central Avenue N.E., it was at the request of the Plats �, Subdivisions-Streets $ Utilities Subcommittee that Robert Ha11 be notified of this request. Sincerely, ��J Gch Dorothy Ev nson Planning Commission Secretary cc• Mr. Getso ^ District Supervisor Minneapolis Area C/0 Robert Hall 5151 Central Avenue N.E. Fridley, Minnesota 55421 ��,�.�s: _ �.�.�y..........'��.._.�_ '. '�_.__'�-�•'_.'./���/ ���..� ._. /J,.V =".� ��_v/�1 ' � � . . .0 . .. . ( . . r,. . • . . _ . , . ' —..-__`.�.—'- . —._. _._. . T,, � . � . ,, . .' , . . .. . _ . . . . . � . � �_ � .Y �C . � - L.S. ��73-05 Bernard Julkowski . ���'� Jy Split of part of Lot 6 and 7 .; .��J,h: .:,:,�,�,_ ��. ��� ��� J , .:J�{ , y.�. . . . . � � / �'�,�� ��,�� . 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SAV #�3-10 ROGER CHRISTENSON Vacate 30 foot road easement on Lot l and the North 25 feet of Lot 2, Biock 6, Rice Creek Plaza South Addn. to use for a parking lot for proposed school bus garage. �— 7� �9 L oc�� LA�E 0 �- %::�� , � � �= A � s, ``� � �4; � ' •- 6C. G -�. . � - ��t: :v' �i T � � , . � I � �� /�� � ' �c � � ;,. � 1 � , �: � , , /.' I � ' � �.7 � /' � � ��•. �,� , �� ^-' � 1 . � "� l • � � ` _ `l ` li �- ( �� , �-'=<,_ � / i � tin;� I, � �'� �%% ` �`'-, ,� / C � , % � � / � i � � � "/� //; / / ! ` ///,��� - ^ 4 �, � �j���;/�i /,�/ �'�� , � ' /, � j % j � i�.�,/,,� , � Cr � t � , , j � /. �; . /- �� � /�, / /; ` _,�T_ .�---- ` �J _------- �: 1," /�!2s;� -t1 . � .�,/,x�/' /ir.r :;t �L: ' '�� i __-- --��---- -. � _ ,� �, � ' h 11,� Nv�f/:� :.: feP,` ��,,, Y. -..� t ;ine of fti � ti ,S;-�u, h � ; , i,:- `� � � —` ��;, �sr. w ( Lot 1, Block = Sub ieck 0 �'1 � � 45.13. M-1, M-2 DISTRICT REGULATIONS 45.131. Uses Permitted 1. Principal Uses A. Manufacturing 1), Electric appliances, such as lighting fixtures, irons, fans, toasters and electric � toys. 2) Electrical equipment assembly, such as home radio and television receivers and home movie equipment but not electric power sub- stations, or electrical machinery. 45 .13 " �� M-1, M-2 � DISTRICT REGULATIONS � Uses Permitted 3) Ice, dry and natural. 4) Musical instruments. S) Orthopedic and medical appliances, such as artificial limbs, braces, supports and stretchers. 6) Paper products - small - such as envelopes and stationery, bags, boxes, tubes and wallpaper printing. 7) Sporting and athletic equipment, such as balls, baskets, cues, gloves, bats, racquets and rods . - 8) Tools and hardware - such as bolts, nuts and screws, door knobs, drills, hand tools and cutlery, hinges, house hardware, locks and. plumbing appliances. 9> zoys . 10) Vehicles, children's - such as bicycles, scooters, wagons and baby carriages. 11) Wood products - such as furniture, boxes, crates, baskets and pencils and cooperag� works. �Building materials yards, contractor's yards, lumber yards. � Bus and taxi storage yards. � Creameries, dair.ies, etc., ice plants, locker plants, cold storage. 82 ' � � E. ean'n and dyeing plants and laundries. g, ailroad� lines and spurs, passenger and freight depo� / G. Trausformers, pumping stations and substations. H. Warehouses � I, Other wholesale, light manufacturing, construction or service uses which are similar in character to those enumerated above, will not be dangerous or otherwise detrimental to persons residing or � working in the vicinity thereof, or to the public welfare, and will not impair the use, anjoyment or value of any property, but not including any uses excluded hereinafter. 2. Accessory Uses - M-1 and M-2 A. Business signs for uses permitted. � B. Retail sales or servicing of products manufactured � on the site. 0 C. A cafeteria or vending machines for use by the employees. D. Dwelling for a watchman. E. Off-street park�ng and loading. F. Offices. 3. Uses Permitted tdith A Speci�l IIse Permit � A. M-1 and M-2 1) Salt, gas or oil �aells, gravel pits, mineral exploration, or recovery. 2) When found to be required for the public health, safety, convenience or welfare; a) Air navigation facilities b) Hospitals, clinics, or similar uses c) Institutions of an euucational nature �) Plant r_urs�ries and greer'_zc��ses ' e) C�m�tary, cre�-natoxy, mauscleum, etc. � a 45.13 i. _ �� h) Mortuaries aad funeral homes 3) Commercial recreation uses and buildings. 4) Dwellings and temporary public housing. ' S) Dumps or dog pounds and kennels. 6) 'Extension of use into a district where a lot � fs in two districts. ' 7) Radio transmitters and micro-wave towers. 8) Junk yards or the baling of junk or rags, in a building enclased on all sides or when completely enclosed with a solid fence. 9) Animal clinics, veterinaries, dog and cat hospitals provided the following conditions are met in order to eliainate excessive noise and odcrs: a) The building shall be of masonry construc- tion, outside wa11 minimum thickness to be 8" 'with a precast concrete roof. b) The building shall be air conditioned, all !"`` windows in the area of the building housing animals shall be double glazed with a fixed sash. c) Housing of all animals and storage of all equipment and refuse shall be inside the building. No outside runs or exercise areas �vill be permitted. d) Any ventilation system shall be designed so that no odors or organism will spread between wards or to the outside air. � The above conditions are considered minimum. Additional conditions may be imposed, if necessary, to protect the health, safety and general welfare of the residents of the City. 10) Gasoline service stations and accessory greasino, servicing, cleaning and washing of automobiles, includ- ing minor adjustments and repairs, but not general repair^, overhauling, rebuilding, de^�olition or spray � paintino. � B. Uses Perniitted With A Special Use Permit in M-2 District Only. h 1) Bulk gasoline and oil stations, but not tank farms or oil transport�tion ter�inals, provided all applicable safetv regulations are cemplied with; provided further that such uses are not permitted within existing or hereinafter fire Limits. 84 45.131 ' �� i`1 � � . 2) Any other use not'othercaise prohibited by law, provided, however, that the issuance of a use permit therefor, as provided in other sections hereof, shall be required before any of the following uses shall be established, reconstructed, structurally altered, enlarged or moved. a) Cement, lime, gypsum or plaster of paris �manufacture. b) Distillation of bones, coal, tar, petroleum, refuse, grain or wood. c) Drilling or excavation for, or removal of oil, gas or other hydrocarbons or minerals. d) Fat rendering e) Fertilizer manufacture f) Garbage, offal, dead animal or fish reduction /-` or dumping. _ g) Gas, illuminating or heating, manufacture. h) Glue manufacture i) Stone quarry, gravel pit, rock crushing and cutting, gravel and sand washing and grading. 3) Railroad yards, roundhouses, railroad repair shops, switching yards, hunping yards, piggyback yards, and rail truck transfer termina.l facilities provided that no such uses shall be within 1,500 feet of any R-1, R-2, or R-3 zonino district. 45.132. Uses Excluded 1. Uses Excluded - M-1 A. Bag cleaning � B. Blast furnaces C. Boiler works D. Forge plants E. Foundries or metal £abrication plants 85 ' , a. 45.131 �: -; .�. �_ Uses Excluded 0 �� � Ly}/ I L � � l �:i�.d � 45.132 0 F. Pumping or wholesale storage of crude petroleum G. Railroad yards, roundhouses, repair shops H. Sawmills, planing mills I.� Steam power plants of public utility nature J. Stone quarries, stone cutting and crushing, " t�ashing and grading of stone, gravel and sand ''. K. Sugar refining . L: Wool pulling or scouring M. Manufacture of: Acetylene; acid; alcohol or alcoholic beverages; ammonia, bleaching powder; chlorine; chemicals; soda or soda compounds; kiln-made brick, pottery, terra cotta or tile; candles (except by hand); �,,,� cement, gypsum, lime or plaster of paris, dis- infectants; dyestuffs; emery cloth or sandpaper; explosives or fireworks (or storage of same); � exterminators or insect poisons; fertilizers; glass; glue or size; gelatin; grease or lard or tallow (Manufactured or refined from animal fat); illuminating or heating gas (Or storage of same); lamp black; matches; linoleum; linseed oil; paint, oil, shellac, turpentine or varnish (except mixing of same; oilcloth or oiled products; paper or pulp; pickles; sa.uerkraut or vinegar; plastics; potash . products; rayon or similar products; rubber or F gutta percha products (or treatment of same); shoddy; shoe polish; soap (other than liquid soap); starch, glucose or dextrin; stove polish; tar roofing or waterproofing or other tar products; chewing tobacco (or treatment of tobacco); yeast. N• Stock yards or slaughter houses, except of poultry or rabbits �• Any other use which is objectionable by reason of noise, dust, dirt, noxious gases, odor, vibration, � glare, or explosive or because of subjection of life, � health and property to hazard. 2. Uses Excluded from M-2 Districts. A. Manufacture af acetylene, acid, or any other type e�cpl os ive 8, Junk yards or the baling of junk or rags, except in a building enclosed on all sides or when completely enclosed within a solid fence and only after the Council , -- ----�_� _ _______� t_� ��... ,_...,�__� ..............a � n C. Stock qards or slaughter houses, except of poultry or rabbits D. Any other use (unless a Special Use Permit is obtained therefore) which is objectionable by reason of noise, dust, dirt, noxious gases, odor, vibration, glare, heat, explosions or because of subjection of life, health.and_property to hazard. .� n �..- � ..�1 � =—* 45.132 .� r . - � . /.'� t'"� a CITY Op FRIDLEY HxNNESQTA ii.ANNIt�IG ANA Z�NINC FORM Mw►O�i � � �� ��v � , � �� � ����. ,�P�.�C/1NT $ � I�NATURE ! " ,,, • ., � c_ A��xt��, <�;in.'versitv nve. r�r.�. T�1Rphane N+�e►bex 560-1_?.40 ...,_ �..._._ _. , P�Q�ATY 4WNER' S SIGNATtJRE Addz�,s• T�lsphoq� N�mnber � ':� �isiti vi �iQ�•S� �^,�tt�;on i ng .�..�,�,�,Special q9e Pe�q�� Varience _____ "_,_.�PPso�al P� �e, ltoinery $l�t �.,,�.�PPrpvsl ot ��,n�� ?i�t $treets or �i,=,�-�-,,. V�ut iana ^_______,,,Other $R�ve� Z.oc�tion of Pxop�rty ��nd of r.'a.ir_ '"t. �.nd Ric� Cr��k TArrac� •%,�$+�1 AeeC=iption of p�'operty Lc�t l, B1r�ck � and the id�rth ?_� f��f �f Lot 2, _.... .. �... . . , . �.: . Block 6, Ric� ,r�•k F1aza. >outh ?�dc?; ±i_c�n �'�,?� i pc+ to al1 �:��^�n�n� � of r�cord. 0 ,�'1 p�qs��t Zoning Claeeification ���1 � $�c���ia$ Ust of Che Pxoperty V�cant ---..-�. • , �ropa��d �oc►ing Clav$ii�ieation� Sp�cial Usa, Variance or other request vacatin� of 30 foot roac� �as�ment ...�.�...-..-- - - ���tr�,be briefly th� 'ijrpe of Us� and the Improvemenc Proposed Par'cin� 1ot fr�r ro osed school bus �ar�.�e. � A�CCRt�� o! Pcoperty , H�� tAe �c��ept Applicant Pr�vioualy 8ought to Re�on�, Yla�. Obtain a�t Split� Obtal.a � varianco or Sp�c��l U�e Permit on ths Subj�ct Site ot parc of xtt�,,,�, • . / lihsnt - - � 'v � �"�� �' 1�iha� ir+�• Rsque�tsd Yeq Enclo�eci $�� � Qst� Tii��d D�te ot Hearin� r._. . .,,� r � .. - . �'"r pL�INN�N� ANIS ZONING FORM Number � �%3 ✓�� :_ 0 � /'1 � . . a �� _ '� �� � PACE 2 � t�a�e=�igcsed unde=stands thatt (a) A li:t oi all rea.idents and aaners of pYO- perty withln 300 feet must bt stteched to this application, (b� This appl�cation must be •igned by all owners oi tha property. or an explanatioa �ive�t why thia ia not the ci�e. �. _ (e� Responsihi2lty ior any defect in the pro- � teediag3 stsulting from the failure to liat . the ��mea snd addresaea of dll reeidents �nd propezt� oWt�er� of property Within 300 ltet of the property in quastion� belongs to the undcrsi�ned. . Re�ideata aad Ownera oi �roperty vithia 300 feet:` ' PERSOti5 ADDRESS ... - .. 0 A•ketch oi propa9ed proper�y and structure must be dre��n on the back oi thia lolc'm or attached, showiag ehe folloWiag: 2. �oYth Direction � Z. Locatian of Proposed StructuYe oa lot. 3. Dimsosions of Property� proposed structur�, and iront snd side set-becka. . 4. Stseet Names S. Location End uae of adjaeent exis�ing � butldings (Within 300 feet). '�e ped�t�ig�ed hereby declares that all the facta and repretentatioaa •tated ia tbia ��plication ere true •�d correct. //'�) % ,.) � _ _ *ry��A.��p� I / '�-- � '. ...� . �Gy �/ ���/"'� . � �'� � � � � � �i\ 17 V11YnG ..:�.�-/. ! ,% , �T.!.' - - � �� I�w���i ���I � 11�1�� ` .. ., . .. . . (APPLIC•ANT� - � � . ., � • * ' M � � , � . � � R!**1�A1M*♦ ^ Ap�oved D+oied Dy t�� 3oazd o� apQeiis RVbjtct ,tq the Pollo�+ing Gonditio�a: dat4 APptoved Denied by th4 Ylannia� Commi�sion on �ql�,�ect ca the �.ollowin$ Cond�tione: dette �ppxoved Deaied by the Cout�cil oa �ubject tA tho Fol],owing Consl�t�ona� � � dat� � �� _.� � , � � � � i � 4 � � �^ r 4 � � � � � � � ^ . a� u 45.05. R-1 DISTRICT REGULATIONS 45.051 • Uses Pe�►itted i. Yriacipal Uses A. One-family dwellings B. Agriculture, including farm, truck gardens and orchards, but excluding animal and poultry raising. � C. Churches, parish houses and convents. D. Townhouses, under the conditions stated in the Townhouse Development Section 45.14. 2. Accessory Uses A. E vat�ara�es or �r__ha P�����*'� buildings . Only one accessory building per lot, with each a tional accessor-�-- y���nilding requiring� a special tT�rmi t . .___-- B. Privately owned recreational facilities, such as swimming pools, tennis courts, which are for the enjoyment and convenience of the residents of the principal use and their guests. C. Customary home occupations including rental of rooms for occupancy to not more than two persons per dwelling unit. 3. Uses Permitted With Special Use Permit A. Nurseries and greenhouses for the propagation, cultivation and growing of plants only. 45.05 R-1 DISTRICT REGULATIONS Uses Permitted B. Golf course, country club, yacht clubs, tennis courts, swimming pools and additional recreational uses ALL NONCOMMERCIAL and not an accessor.y use to the principal uses in the R-1 District. C. Utility companies having transformers, pumping stations and substations are subject to the following minimum requirements: 1) Must conform with surrounding neighborhood with respect to setbacks, open spaces, architectural design and also must be screened. » � .. . I J�'i� I � i � ' \ � � , ,� � � ;� ,��� i_..� � � � ' / 4 4 45.16. BUILDING PERI�TS 45.161. All Districts A building permit shall be acquired before the erection, construction, reconstruction, alteration, enlargement or moving of any building except that such perulit shall not be required if the full value of said work is less than $150.00. 1. Each application for a building permit shall be accompanied by a Certificate of Survey, drawing, or plat, in duplicate, drawn to scale and showing the lot, the proposed building and dimensions of the lot and building; the location and proposed use of the buildin�s; t�e location, dimensions, present and proposed use of any existing building on the same lot; the set- back and dimensions of frozt, side and rear lots and such other information as the zoning administrator shall require for the enforce- ment of this ordinance. If interior finishing of a home or building is to be done, the material accompanying the application, as noted above, for a permit will not be required. 2. Once construction of the foundation has been co�pleted, a certificate of survey showing the Location of the foundation shall be re- quired, before the framing of the structure is begun. 3. Construction shall commence within ninety --- - — ---- ----------- —._ (90) days from the date of the issuance of the -------- __ _---- - ----- -- __ - buiId-'ing permit unless written application is ��ta��or the extension of said time, in which evenE Ehe--extension of time shall be at the d`iscreEion of Ehe zoning, acTministrator _ If n`ot couiuienced"-within__said ninety_(90) _day peffod of extension as_ granted by .the_ admin- -------- -- - _ - istrato�such �ermit shall be void. 4. No building permit shall be issued for the construction, reconstruction, alteration, enlargement or moving of any building unless said proposed work is in confonnity with the Fridley building code. 108 ; 1� ; 45.16 ���� � k . t i . x BUILDING , PERMITS � ; All Districts � �