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PL 12/19/1973 - 31158/'� �, ._ CITY OF FRIDLEY PLANNING COMMISSION MEETING CALL TO ORDER: DECEMBER 19, 1973 PAGE 1 Chairm«n Fitzpatrick called the meeting to order at 8:00 P.M. ROLL CALL: Members Present: Fitzpatrick, Harris, Dri:gans Members Absent: Lindblad, Blair � Others Present: Darrel Clark, Community Development Administrator APPROVE THE P'IINUTE5 OF THE JOINT MEETING OF THE PLANNING COMMISSION AND BOARD OF APPEALS: NOVEMBER 28, 1973 � MOTION by Drigans, seconded b� Harris, that the Planning Commission approve the minutes of the joint meeting of the Planning Commission and Board of Appeals on November 28, 1'973 as.'written. Upon a voice vote, a11 voting aye, the motion carried unanimousl�. APPROVE PLANNING COMMISSION MINUTES: DECEMBER 5, 1973 �`� MOTION by Harris, seconded b� Drigans, that the Planning '- Commission approve the minutes of the December 5, 1973 meeting as written. Upon a voice vote, a11 voting aye, the motion carried unanimously. . • " RECEIVE BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MINUTES: DECE�ZBER 6, 19 7 3 � MOTION by Drigans, seconded by Harris, that the Planning Commission receive the minutes of the Building Standards-Design Control Subcommittee meeting of Decerrrber 6, 1973. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE BOARD OF APPEALS MINUTES: DECEMBER 11, 1973 MOTION by Drigans, seconded by Harris, that the Planning Commission receive the minutes of the Board of Appeals meeting of December 11, 1973. Upon a voice vote, all voting aye, the motion carried unanimously. ' RECEIVE PLATS & SUBDIVISIONS-STREETS & UTILITIES 'SUBCOMMITTEE MINUTES: DECEMBER 19, 1973 MOTION by Harris, seconded by Drigans, that the Planning n ' Commission receive the minutes of the Plats & Subdivisions-Streets �,,, & Utilities Subcommittee meeting of December 19, 1973. Upon a voice vote, a11 voting aye, the motion carried unanimously. 0 �: �; Planning Commission Meeting - December 19, 1973 Page 2 1• REQUEST FOR A LOT SPLIT: L.S. #73-10, �Y WILLIAM F. SHARRATT: Split Lot 4, Block l., Sylvan Hills Plat 5, being 201 and 221 Satellite Lane N.E. so City records agree with County records. Mr. Sharratt was present. Mr. Clark said about 10 years ago these two apartment units that had been under one ownership, were sold to separate owners. At that time, the owners were notified by the Finance Department that in order to have the special assessments split, a lot split ' would have to be approved by the City. There have been subsequent owners on both apartments, but either it was forgotten or the owners did not choose to apply for this. Mr. Sharratt purchased 201 Satellite Lane �.bout three years ago, and is now aware that he is paying the special assessments for both properties, which he justly feels is unfair. This property has .been split by the County and there are two tax statements. Each property will meet the area requirements of our present code for an 11 unit apartment building, a�ter the split is made, and administration has no objection to this request for a lot split being approved. Mr. Fitzpatrick asked if the owner of 221 Satellite Lane was in favor of this lot split. Mr. Clark said he probably doesn't care if this property is ever split, because until it is, he is not being � � assessed for specials. � • � Mr. Drigans asked how all the special assessments had been put on the one property. . • � Mr. Clark said he would make a guess that at the time these units were built, they were all under one ownership. It may have been that 221 Satellite Lane was built first,.and was the first one sold, and. the special assessments were left on the property of the original owner of 201 Satellite Lane. Although the original owner sold 201 Satellite Lane in 1963, the special assessments have stayed on this property since 1964, because there never was a request for a lot split, which isn't the City's fault. � Mr. Fitzpatrick said he thought the lending institutions wonld have noticed this. Mr�. 5harratt said both properties were handled by the same lending agency. Mr. Drigans asked what figures we are talkirig about for the special assessments. Mr. Sharratt said the original assessment for the storm sewer was $1500 in 1967. It is now down�to $990, all of which has been paid by the owner of 201 Satellite Lane. Mr. Clark told Mr. Sharratt to talk to Marvin Brunsell, Finance � n Director, before this goes to the City Council, and if there is a ^, different solution than just splitting the remaining assessments against both properties, after the lot split is approved, this would have to be approved by Council also, and they should go to the Council . at the same time. • Planning Commission Meeting - December 1•9, 1973 �• Page 3 � MOTION by Drigans, seconded by Harris, that the Planning Commission � y recommend to CounciZ approval of the request for a 1ot split, L.S. #73-10, by William F. Sharratt, to split Lot 4, B1ock 1,�Slyvan Hi11s Plat 5, being 201 and 221 Satellite�Lane N.E., so City records agree with County records. Upon a voic.e vote, a11 voting aye, the motion carried unanimously. 2. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT; SP #73-13, BY A. DAVIDSON: To permit the sale of used cars at 7395 Highway #65 N.E., being a half block North of 732 Avenue N.E. and Eas� of Highway #65, per Fridley City Code, Section 205.101, 3, I. Mr. Earl H. Peterson, representing Mr. A. Davidson, was present. MOTION by Harris, seconded by Drigans, that the Planning Commission waive the reading of the Public Hearing notice for the request for a Special Use Permit, SP #73-13, by A. Davidson. Upon a voice vote, a11 voting aye, the motion carried unanimously. • Mr. Psterson said this property is zo�ed commercial and it was his understanding that if they.were selling new cars, they wouldn't need a Special Use Pemit. Mr. Clark said both new and used car lots have to h�ve a Special Use Permit. �n Mr. Peterson said they already have three other locations where they are doing business. In Minneapolis, the location is 5245 Lyndale Avenue South, in Hopkins, at 502 East Excelsior Ave.nue, and in St. Paul, at 990 University Avenue. He said their business is to list private parties'cars. We sell other people's cars for commission. �The minimum fee is $200 so we do not deal in old cars because of this minimum. Our fee is 150, with a maximum of $500. Mr. Drigans asked how long these cars are held on the lot. Mr. Peterson said we keep them 30, 60, and 90 days, at the owner's option. After 90 days, the owner either has to pick them up, or sign a contract for a specified time again. • . Chairman Fitzpatrick asked the present use of this property. Mr. . Clark said it was vacant, all the way to Central Avenue. Mr. Harris said there is a temporary building.on your plat plan. Mr. Peterson said this would be a house trailer they would be using for an office until Spring, when they would construct a permanent building. - Mr. Drigans asked how many cars they have at their other three locations, on the average. Mr. Peterson said they-have between 75 to 100 cars on each lot. � ^ �_ . I � II I I `�� I I �� Planning Commission Meeting - December 19, 1973 Page 4 Mr. Fi�zpatrick asked what hours they would be open and how many employees would be on duty. Mr. Peterson said they would be open from 9:00 A.M. to 9:30 P.M. and would have 4•employees on duty. Mr. Fitzpatrick asked how the administration felt about this request for a special use. Mr. Clark said there were trailer sales both North and South of this property, under a special use that was granted for a certain�• number of years. I don't know how much different this is because it is cars. Because this is a narrow strip of property, it was felt they should be encouraged to purchase Lots 3-10, Block 1, Central View Manor, so they could have a more rectangular lot. Nlr. Peterson said they did consider purchasing Lots 3-5, but the assessments on Lot 3 are outrageous. Mr. Fitzpatrick asked why the assessments were so high for this lot. Mr. Clark said because the assessment for the new service drive to 732 Avenue were assessed against this lot. Chairman Fitzpatrick said your plan seems to be to not use all the property zoned C-2S for the used car lot. Mr. Peterson said cve are as)cing for a special use for the entire portion zoned C-2S, but for this development we only intend to use 260 feet of this property. This property is 550 feef and we may at a later date want to use the balance of the commerical property for recreationa� vehicles. Mr. Clark said this would require�an. additional special use permit. Used cars are under 3,B of the Code and recreational vehicles are under 3,C. . Mr. Drigans asked Mre Peterson how long Mr. Davidson has been in business at his other locations. Mr, at 5245 Lyr�dlae Avenue South had opened aboutrMay lsta 19�3car lot Mz'. Drigans asked the sales volume of the three lots alread in operation. Mr. Peterson said he would estimate a�bout a million dollars in sales. Mr. Drigans asked how man Peterson said at the L�ndale locationttheymmove�aboutn30Vtoa45•cars• per month, and in St. Paul, about 20 t0 25 cars the Hopkins location, about 25 to 30 cars Per month, and at per month. Mr. Petersongsaidabecauseythe�ydona chosen Fridley for a location. area of the Metropolitan areay t have a location in the Northern 1"�'. Harris asked if they were leasing this property �� it. Mr. Peterson said the �� he then felt there should bewaneapplication madelfor� '�or purchasing line with the zonin Mr• Harris said g, as.this parcel has two zonings of 1CtZSPand�M11. �� �'' � r�� � Plarining Commission Meeting - December 19, 1973 Page 5 Mr. Harris said he would like this item continued until he could look over the other locations that are already in operation. Mr. Petersom said they have already started leveling this property so they have already spent money on the site, but if this was going to be delayed, they would have to look for another location, because they were anxious to start another lot. Mr. Harris said he couldn't in good conscience approve this without checking the other locations. Mr. Clark�said the next Planning Commission meeting was January 9, 1974 and although the January 14th meeting of the Council was their Public Hearing meeting, we could request that they consider this item at tha� meeting, so it would only de1�y you a week. Mr. Peterson said he thought it would mean a month delay,.but a week would be all right. Mr. Pet�rson said they would be putting in crushed rock on thi�s property and woul.d blacktop in the spring. . . Mr. Drigans asked what kind of signs they would be asking for. Mr. Peterson said they would have three oval signs on the building with one wo�� of their �ame in each oval, which is American Auto Listings. MOTION by H�rris, seconded by Drigans, that the PZanning Commission continue until January 9, 1973, the Public Hearing on the request for a Special Use Permit, SP #73-13, b� A. Davidson,�to permit the sale of used cars at 7395 Highway #65 N.E.,� per Fridley City Code, Section 205.101, 3, I. Upon a voice vote, a.Z1 voting aye, the motion carried unanimously. Mr. Clark said we would mail Mr. Peterson an application for a lot split and he should get the owner's signature. The lot split request could then be processed at the same time as the special use request. 3. CONTINUED: ARMORY PROPOSAL MOTION.by Drigans; seconded by Narris, that t.he Planning • Commission receive the letter from the Frid2ey Jaycees dated December 11, 1973, relating to the armory proposal. Upon a voice vote, a11 voting aye, the motion carried unanimously. � 4. ARTICLE ON SPECIAL USE PERMITS Mr. Clark said this was an article from "Minnesota Municipalities" on a court case involving a Special Use Permit. It states that you must have logical reasons for denying a request, and it can't be based on economics. � Planning Commission Meeting - December 19, 1973 Page 6 Mr. Fitzpatrick said it has been borne out that we would have been justified to deny some special use perm�_ts for oil stations, because of economics. . . Mr. Clark said if you are going to base your denial on numbers then the zoning ordinance will have to have some guidelines. He said if you feel you want to deny a request for a special use permit, you should probably continue the request until the City Attorney can work out the terminology of the denial. Mr. Harris said we have a clause in our zoning ordinance about it not adversely affecting the public health, safety, or welfare of the 'community. Mr. Clark said there might be some requests you would want to deny rhat don't fall into these categories. MOTION by Harris, seconded by Drigans, recieve the article on Special Use Permits. voting aye, the motion carried unanimously. 5'. DECEMBER 17th COUNCIL MEETING that the Planning Commission Upon a voice vote, all Mr. Drigans said he noticed in the '!action needed" agenda of the Council meeting of December 17, 1973 tha� there had been opposition of placement of signs stating "No right turn on red" on Highway #65 ;� � and old Central. He asked Mr. Clark where this opposition had come from because he fel��that anyone who traveled this area would realize that this would help a bad situation at this intersection. . Chairman Fitzpatrick adjourned the meeting at 9:20 P.M. Respectfully submitted, �c�� Dorothy enson, Secretary ��, n �_ � � ����� �� � � � � � ���, l .e-, ,Y � �� a �. �� � �j �'.. .���.,.�.- _> " -�li �'�A �•{. _. ?- • � -� ' / ( / � � fJn . ��5�1/ � '��/�!%/t!'I � � 1� `____ ,�-��- �=-� � ° � � — � � � L/ v ��