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PL 02/20/1974 - 7482� � >✓� � / A G E N D A PLANNING COMMISSION MEETING CALL TO ORDER: ROLL CALL: FEBRUARY 20, 1974 APPROV� PLANNING COMMISSION MINUTES: FEBRURRY 6, 1974 RECEIVE PARKS & RECREATION CO_MMTSSION MINUTES: JANUARY 28, 1974 RECEIVE BUILDING STANDARDS-DESIGN CONTROL 5UB- COMMITTEE D4INUTES: JANUARY 31, 1974 RECEIVE BUII,DING STANDARDS-DESl"GN CONTROL 5UB- COMMITTEE MI�.TUTES: F�BRUARY 7, 1974 RECFIVE BO�RD OF APFE7-�LS I�IINUT�S : FEBRUARY 7 1974 RECEIVL PLATS & SUBDIVISIONS-STREET & UTII�ITIES SUBCOMI�IITTEE MINUTES: FEBRUARY 13, 1974 8:0� P.M. PAGES 1 - 11 12 - 15 16 - 21 22 - 29 30 - 33 34 - 38 1. CONTINUED: PUBLTC HEARIiv'G: REZONING REQUEST, �;,,,,�✓#74-01, H�TdNTNG NELSON CONSTRU�TION COMPANY: To �9 - 44 �� rezone Lots 13, 14, 15, 16, Block 2, Riverwood Manor, from R-•1 (single family dwelling areas) to R-3 (general multiple family dwelling areas) to allow construction of a 24 unit apartment complex � generally located South of 71st [n)ay N.E. and West of East River R�ad. PUBLIC HEARING CLOSED 2. PUBLIC HEARING: CONSID�,RATION OF A PRELIMINARY 45 - 51 PI,AT; P. S. #� 7 4-Ol , RICE C�:EFK ESTI�TES , BY GOODCO, INC., AND PIN�, TRET BUTLDEI2S: Beinq a replat of Part of Lots 9 and 10, �luditor''s Subdivision No. 22, located between Rice Cr•eek Road and 61st Avenue N.E. and West of Benjamin Street. 3. DESTGNATION OF l.11 MILES OF' ST�1.TE AID STREETS 52 4. MEMO FROM DARR�L CLAP,K TO CITX ATTORNEY 2/8/74 53 5. PUBLIC HEARING NOTTCE FROM COON RAPIDS PLANNING CON'�:TSSION 54 /1 AGENDA (continued) � Planning Commission Meeting February 20, 1974 Page 2 PAGES 6. PUBLIC HEARING NOTICE: SPRING LAKE PARK 55 - 56 a � � 7. COURT DECISION ON LOT SPLIT_REQUEST: EDINA 57 - 68 8. PUBLIC HEAR2NG NOTICE: SPRING LAKE PARK 69 - 70 ��� �� � � � � � , f ". :a,) � � , ` r � �/� CITY OF FRIDLEY PLANNING COMMIBSION MEETING CALL TO ORDER: FEBRUARY 6,.1974 PAGE 1 Chairman Fitzpatrick called the meeting to order at 8:00 P.M. ROLL CALL: Members Present: Fitzpatrick, Members Absent: Blair Others Present: Darrel Clark, APPROVE PLANNING COMMISSION MINUTES: Drigans, Lindblad, Harris Community Develapment Adm. JANUARY 9, 1974 . MOTION by Harris, seconded by Lindblad, that the PZanning • ' Commission approve the minutes of the meeting of Januar.y 9, .I974 as written. Upon a voice vote, a11 votinq ar�e, the mot�on carried unanimously. � n RECEIVE BOARD__OF APPEALS MINUTES: JANUARY 15, 1974 MOTION by Drigans, seconded by Lindblad, that the Planning Commission receive the Board of AppeaZs minutes of January 15, 1974. Upon a voice vote, aI1 voting a_ye, the motion carried unanimousZy. 1. PUBLIC HEARING: REZONING REQUEST, ZOA #74-01, HENNING NELSON CONSTRUCTION COMPANY: To rezone Lots 13, 14, 15, 16, Block 2, Riverwood Manor, from R-1 (single family dwelling areas) to R-3 (general multiple family dwelling areas) to allow con- struction of a 24 unit apartment complex to be located South of 71st Way and West of East River Road. Mr. Mark Reinertson, Vice President of Henning Nelson Construction Company was present. MOTION by Drigans, seconded by Harris, that the Planning Commission waive the reading of the Public Hearing notice, ZOA #74-01, by Henning Nelson Construction Company to rezone from R-1 to R-3. Upon a voice vote, a71 voting aye, the motion caxried unanimously. Mr. Reinertson presented preliminary plans for a townhouse type of development which could be a cluster of three buildings or a cluster of two. These would be 12 to 2 storys and contain from l6 to 24 rental units consisting of mainly one bedroom apartments with a few 2 bedroom units. He said they were requesting this zoning change because they thought this was a neat and spiffy concept of how this property could be developed for urban living and was some- thing they could do a good job on. They have tried to sell this property as R l for six or seven years, and it was property that was heavily taxed. Planning Commission Meeting - February 6, 1974 Page 2 ^ . � Mr. Reinertson said he had talked to various people from City Hall trying to get ideas for this property and from these talks his company had come up with this concept. He said th�re are problems in this area in that East River Road is heavily traveled and, especially the corner lot, was not conducive to R-1 development. He said with this concept the 2 story would be below grade so the townhouse type units would blend into the neighborhood and would make a nice entrance into the area. The entrances and exits to this development would be on 71st Way. Mr. Reinertson said the drawings being presented were just guidelines on how this townhouse type complex could be developed and he was open to suggestions from the neighbors or the Planning Commission, and would welcome these suggestions. He said there would be a buffer on the West side of the development of about 46 feet from the adjacerit home. Mr. Clark asked Mr. Reinertson. if any member of the City staff had recammended that this property be rezoned. Mr. Reinertson said he had,just talked over some of the possibilities of developing this property, and after these discussions, his company had come up with this concept. Mr. Clark asked if they intended these units to be owner � occupied or if they would be rental units. Mr. Reinertson said they could be both. Mr. Clark said the ordinance on townhouses requires 5 acres for owner occupied units. As this property is only 1.4 acres, they would have to be rental units. - Mr. Harris asked if they owned other property in this area. Mr. Reinertson said they had owned 3 other lots but they had sold 1 lot and built homes on the other two.lots. The last house they built they had to rent for two years before it was sold. Mr. Drigans asked Mr. Clark if this area was in the comprehensive plan. Mr. Clark said this part of East River Road was not a specific study area of the plan. . Mr. Le.o Bender, 146 71st Way N.E., said he had a petition signed by the residents of the area, stating that they supported the current R-1 zoning on Lots 13, 14, 15, 16, Block 2, Riverwood Manor, and were.opgosed to any rezoning for five reasons: (l) hazardous to school children, (2) additional noise of multiple dwelling units, (3) change in the continuity of the neighborhoad, (4) destruction of the environment, and most important, (5) invasion of the individuals right to zoning protection. • MOTION by Lindblad, seconded by Ha'rris, that the Planning Commission receive Petition #1-I974, as presented. Upan a voice ^ .vote, a11 voting aye, the motion c.arried unanimously. Mr. Harris asked Mr. Bender what was meant by the invasion of the inda.viduals right to zoning protection? � Planning Commission Meeting - February 6, 1974 Page 3 Mr. Bender said the people in this area had bought their homes with the understanding that the area would continue to be zoned R-1. He said our forefathers thought this was proper zoning for this area and the present residents didn't want any other zoning. Mr. Roger Claesgens, 7130 Riverview Terrace N.E., asked what the land space to building ratio would be in the proposed development. Mr. Reinertson said the land area was 60,000 square feet and each individual unit would be 800 to l,OQO square feet. It would � be below the density allowed. Mr. Gordon Sangster, 7169 Riverview Terrace N.E., said he was h�re as a representative of the Fridley School Board, to state that the School Board would be opposed to any rezoning that would increase dens�.ty in this area within the proximity of the entrance to the grade school. If such rezoning was finalized, School District #14 would take formal action. Mr. Reinertson said the proposed townhouse concept would be further back from the entrance to the school than residential homes would be. Mr. Claesgens said he was the oldest resident of this area and ^ had moved in in 1950. His father-in-law had awned the property from where the schcsol is located, approximately 32 acre�, and the area from Riverview Terrace to East River Road, just North of this proposed development. Behind this development is the Girl Scout property, which is open area, and the North side of the school property has been left open also. While it is true that most of the students are bussed to the grade school, there are sixty or seventy residences across East River Road and these children walk to school. Although there is a semaphore at this crossing, it still requires a lot of care on East River Road not to interfere with the children crossing this street. Having up to 24 rental units on this proposed development would generate increased traffic at this intersection where the children cross. He also didn't feel that . 1� to 2 story buildings would fit into a single family housing area and it wouldn't he compatible with what is already there. r'1 Mr. Reinertson said these units would be mostly one bedroom units and there would only be five 2 bedroom units, so we,are only talking about 30 to 35 additional people, very little rnore than what would be in four single family homes. He said there wouldn't be large families in these.units and a lot of the one bedroom units would only have one person with one car. He said it was not unusual for single family homes to have two and three cars, so he didn't think this development was generating that much more traffic. Mr. W. J. Engelhardt, 7120 Riverview Terrace, said �his property was sold on the premise that there would be no multiple camplex in this area. These lots were sold with the understanding that they would be single family housing. � Planning Commission Meeting - February 6, 1974 Page 4 ,/"� . Mr. Steven Paaverud, 7045 East River Road, said that Mr. Reinertson made the statement that this development would enhance the community arid benefit the City. He said we feel like we.are a community in this area and our contention is that this would be changing our neighborhood to a transient society. This is not in line with what we feel for this area. We are a neighborhood and we appreciate the area as it is. There are more things to consider ti�an what can be done with thisparticular corner. This may involve less profit for the land owner, but we feel that Fridley abounds wi�th apartments and we don't want any in our area. Mr. Engelhardt said that when this property was purchased, the buyer knew it was zoned for single family homes only. Chairman Fitzpatrick said any property owner ha�: the right to request a zoning change. Mr. Reinertson said it was Thomas Jefferson who said that each generation should rewrite their own constitution because what was right in the past is not always applicable to us at the present time. We want to keep this area a residential area. We don't want it to be commercial property. He didn't think people should look down on transient people just because they live in a house and have more space. /� The complex they are proposing would be very nice and fit into the n�ighborhood. It would not be lot rent housing. � Mr. Paaverud said he didn't mean to say that he looked down on transient people. He just felt that because they were transient, they wouldn't have the interest or take the care that a property owner would have in this same area. Mr. Reinertsan said this proposed complex would pay more taxe� than four residentialhomes, and could relieve some of the tax burden in this area. Mr. Paaverud said there should be other alternatives other than an apartment complex. Mr. Reinertson said they have been looking for alternatives for six or seven years. Mr. Tim O'Neill, 158 71st Way N.E., said these were good size lots and he thought they could be sold for homesites in the $40,000 or more class, if the owners would be satisfied to make a good profit and not excessive profit. Mr. Adas, 168 71st Way N.E., said he couldn't offer any suggestions on the development of this property but on the point of rezoning, he felt we want our community well laid out and for it to have continuity. He said that Henning Nelson had built his home and he was sure they would do a fine job with this proposed development, but it would cause problems in the neighborhood. Everyone worked together and he felt this would be lost with rental property. He said we have � a good plan going and he would like it to stay that way. �. <: . .,_ �� Planning Commission Meeting - February 6, 1974 Page 5 � . Mr. Reinertson said he lived at Twin Lakes and a few years ago they had a proposal for an apartment complex in this area. Many people in the area were opposed to this proposal but after the apartment complex wasthere, it did fit into the area, and the people who lived in this complex contributed a lot to the community, and did not detract from the residential area.., He continued that some people are afraid of the unknown. He said this development would be done well and the neighborhood standards would be maintained. They were concerned about this being compatible � with the neighborhood and what they were presenting should enhance • this area. Mr. Drigans said one aspect of this development has not been discussed, and that was the financial aspect of it. He said there is one development in Fridley that has�been going on for about two years because as the different proposals were approved, they ran into trouble financing their project, and he wanted to know if there was financing available for this project, if it was approved. He said he didn't know if`lending institutions would lend money for a $40,000 to $50,000 home on the corner of East River Road either. He asked what the value of the four lots were also. Mr. Clark. checked the files for the valuation of these lots by the Assessing Department, and Lots 13, 14 and l5 were valued at � $6504 and Lot 16 at $5400. Mr. Reinertson said they have owned this property for ma�y years and gaid a lot of special assessments on them and were asked $8,000 to $12,OQ0 for these lots. He said they had a good working arrangement with their bank and didn't think they would have any problem financing this development. Mr. Drigans said he wanted to compliment Mr. Reintertson on his preliminary plans. They were the best that had been presented Yn a long time. Mrs. Tim O'Neill said she thought it was feasible for some one to gurchase these lots and build a$40,000 to $60,000 home on these lots. She felt this company had inflated the price of these lots because she didn't think they have any intention of selling them as single famiiy home sites. Mr. Leo Bender said that Mr. Clark stated that because of the acreage of this property, it could not be owner occupied and would have to be rental property. He asked Mr. Reinertson if he had seen the article in the Fridley Sun about the occupancy rating of apartments by City, and�hat Fridley has a high percentage of vacancies. Mr. Reinertson said he had not, and would be interested in seeing it, but they have made their own investigatioiz and felt these units would rent. Mr. Paaverud said that at the present time owners of apartments /"� were having something of a bonanza because it was difficult to purchase homes, but he thought most people desire to own their property and that's one of the reasons there is such a turnover in apartment rentals. Mr. Engelhardt said he had sold this property with the promise Planning Commission Meeting - February 6, 1974 Page 6 /"� . � to the buyers, that this area would remain R-l. If it was rezoned, it would make a liar out of him. Mr. Reinertsbn said he had studied the reasons given on the petition tatiay the property owners ��� _op�zq�ed �to th�:s �e�oni.ng request. He thought that because this proposal was very much above standard, their points of objection, would not happen. Judith May, l84 71st Way N.E., said this property was purchased from her father, Howard Crabtree, and it was sold as a single family area. She thought�is would be a breach of faith to build rental units in this area. . Mr. Reinertson said he didn't want to fight with anyone over this proposal, but he asked Ms. May to check with her father on the purchase agreement. Mrs. O'Neill said that when they purchased their lot from Henning Nelson, they had to give them assurance that they would build at least a$35,000 home to maintain the.property va],ues in the area,. and they gave us their assurance that the area would have the same value homes on the area that was still vacant. Mr. Reinertson said this showed that�they were very concerned � about maintaining the property values in this area and why this development would have such high standards and be an asset to the community . � Mr. Claesgens said he didn't think it showed much business acumen to hold property for ten years and pay all the assessments and taxes that long, until they had so much invested in the property that it would take a proposal like this to pull them out economically. Mr. Reinertson said they didn't need this development to pull them out of anything. They have tried to sell this property without success so on an economical basis, they felt this development would be a good use for this property. � Mrs.Corrine. Bender said that when apartments are new, everything is very nice, but after five years they start going down hi11, and over a period of time, they detract from the area. Mr.,Harris asked Mr. Clark if a notice had been sent to Anoka County. There`s a"J-og in East River Road, South of this property, and wondered if the County had any plans for widening the road by 17 feet, in this area. Mr. ClarY. said no notice was sent to them. Mr. Harris said there might also be consideration of a wider radius� for 71st Way from East River Road. Mr.. Reinertson said he didn'•t think they would need additional right of way for the radius of ,r� �71st Way from this property, but he was concerned about the jog in East River Road and would like to check on this himself, also. Planning Commission Meeting - February 6, 1974 Page 7 � Chairman Fitzpatrick said it should be checked out with the County on what part of East River Road is in their study area. Mr. Claesgens asked if the Commission was aware of any State statutes about the location of multiple dwellings in relation to a school area. No one was aware of any such statute. MOTION by Harris, seconded by Lindblad, that the Planning Commission close the Public Hearing on rezoning request, ZOA #74-OZ, by Henning Nelson Construction Company to rezone from R-1 to R-3. Upon a voice vote, aIl voting a�e, the motion carried unanimously. ' MOTION b� Drigans seconded by Harris, that the Planning Commission continue the rezoning request, ZOA #74-01, by Henning Nelson Construction Company, to rezone Lots 13, 14, 15 and 16, Block 2, Riverwood Manor, from R-1 (single famiZy dwlling areas)�to R-3 (general muZtipZe family dwelling areas) to a1low construction of a 24 unit apartment complex to be Zocated 5outh of 71st Way and West of East River Road, until Eebruary 20, I974. Upon a voice vote, a1I voting aye, the motion carried unanimously. 2. PUBLIC HEARING: REZONING REQUEST, ZOA #74-02, BERKELEY PUMP ;COMPANY: To rezone Lots 1& 2, Block 13, Spring Braok Park Addition, from R-1 (single family dwelling areas) to M-1 (light industrial areas) to make zoning consistant with property lines � at 181 Ely 5treet N.E. Mr. Leland Snead, �ranch Manager of Berkeley Pump Company was present. MOTION by Lindblad, seconded by Drigans, that the Planning Commission waive the reading of the Public Hearing not.ice for rezoning request, ZOA #74-02, by Berkele� Pump Company. Upon a voice vote, a11 voting aye, the motion carried unanimous3y. Mr. Clark said the petitioner owns five lots and Lots 3,-4 and 5 were re�oned in 1961 and why the other two lots were nbt included in this request, he couldn't say. Mr. Snead said his company occupies these five lots which are 30 feet by approximately 200 feet which gives them 150 feet of frontage. He said they should all be zoned the same as long as they are under one ownership. He said they had no intention of adding on to our present building and because of the setback requirements for buildings across from R-1 zoning, the setback requirement is 100 feet, so that according to the Code, they couldn't expand onto these two lots anyway. They want to clean up these lots and put in a hard surfaced parking lot, do some landscaping and put up a new fence. � Mr. Fitzpatrick asked when this building was constructed. Mr. Snead said he didn't know but the building was there when his company purchased this property in 196$. Mr. Snead said he thought it would make the property more saleable if it was all zoned the same. Mr. Daxrel Nystrom, 248 Ely Street, asked if Berkeley Pump was �'1 Planning Commission Meeting - February 6, 1974 Page 8 occupying as much of this property as possible, or if they could expand. Mr. Clark said that because of the zoning requirements there has to be a 100 foot setback on M-1 property that abuts R-1 property and this building is 1G1 feet back, so they couldn't expand without a variance which would also require a Public Hearing. Mr. Snead said the only plans they have for this property is to clean it up and make it look good. He didn't think his cornpany would want to spend any money expanding this building, even if they could If they outgrow this site, they woulct look for a.larger site. Mr. Nystrom asked how many people were employed by the company. Mr. Snead said there were five full time employees and two part time. Mr. Nystrom said it was his understanding that the trucks were supposed to take 79th to Ashton and stay off Ely, Liberty and Ruth. Mr. Snead said they do instruct the truck drivers on the route they are to take, but drivers who aren't familiar with the area, come`in the easiest way. He said he thought there should be signs designating the truck route. � Mr. Frank Niznick, 191 Liberty Street, said his house was located on Lots 1 and 2, Block 12, and his neighbor, Mr. George Emerick, who was also present and lives at 181 Liberty Street, on Lots 3 and ^ 4, and they were concerned about the zoning lines being moved in any of these blocks.to bring the industrial area closer to their homes. Mr. Emerick asked how many parking stalls they would have in the designated area. Mr. Snead said l2 would be the maximum. Mr. Harris asked Mr. Clark why the M-1 zoning line meandered in this area. Mr. Clark said that when the M-1 zoning was done in this area, it followed the railroad tracts, so he assumed this was the reason. Mr. Clark said this could also be handled with a Special Use Permit on these two lots because there was a provision that you can use adjacent R-1 property for parking lots with such a Special Use Permit. Mr. Snead said he wasn't aware that there was such a provision. He said he only learned two months ago that the five lots did not have the same zoning, so that's why he applied for rE.zoning,of the two R-1 lots. Mr. Fitzpatriek said he would be able to use the lots for the same purpose under a Special Use as he cauld with rezoning and a Special Use Permit was a little easi.er to get. Mr. Clarence Godlewski, 228 Ely Street, and Mr. Nystrom said /"\ •they would have no objection to a Special Use Permit being granted on these lots as long as it let Mr. Snead do the same thing he wanted to do with rezoning. There objection was to any more rezoning to industrial being done in this area. � Planning Commission Meeting - February 6, 1974 Page 9 Mr. Snead asked what the procedure was for obtaining a Special Use Permit. Mr. Clark said he would check with the City Attorney to see if the Planning Commission could deny the rezoning request and recommend that this be handled as a Special U��e. He said it wouldn't really hold Mr. Snead up, because if the Special Use was approved, it wouldn't involve any ordinances being published. Mr. Snead said he wasn't in any hurry because they couldn't put in any parking lots until Spring. Mr. Drigans wondered if the tax base would be different if this property was all zaned M-1 or if it continued as it is. Mr. Snead said he had checked with-th�ity Assessor and he said it would be taxed on the present land use regardless of zoning. � Mr. Drigans said as long as they were going to continue this , item, he thought Mr. Snead should present his plans for the parking Iot, landscaping and fence to the Building Standards-Design Control Subcommittee before it comes back to the Planning Commission. Mr. Lindblad asked Mr. Snead to have one of the nurseries draw up the landscape plan, rather`than have�someone from the City do it, because they got more variety that way. Mr. Nystrom said he had attended a lot of ineetings at City Hall and he didn't think they should ask people to go to a nursery for /'1 landscape plans. There was no reason the property owner couldn't plan their own �andscaping. Mr. Lindblad said there ususally is no charge for this plan, if they buy their shrubs from that nursery. He said the only point he was trying to make was that the City staff should not draw up landscape plans for eueryone because it would make the landscaping too similar, and that a nursery would give more variety to the planning. Mr. Godlewski said he had a plan drawn up by Bob's Produce, and if he couldn't afford to have the landscaping done at that time, he eould had had the plan at no charge. � Mr. Snead said he had only been Branch Manager for Berkeley Pump in this area for about a year, and he has been making every effort to clean up this propert�. They have torn down an old shed, and with the proposed improvement, it will clean up the property, and he hoped it would be an incentive to other businesses in the area because they alI need� " cleaning up. The neighbors in the audience said they appreciated the efforts Mr. Snead was making. Mr. Clark said that if the zoning lines weren't changed, it would be building in a buffer between this building and the R-1 area. � Mr. Snead said the parent company would like to have this property all zoned the same, but he would check with them, and if they were agreeable to this being handled as a Special U5e Permit, he would be agreeable also. � � � Planning Commissi�n Meeting - February 6, 1974 Page 10 MOTION by Harris, seconded by LindbZad, that the Planning Commission continue the Public Hearing on rezoning request, ZOA #74-02, Berkeley Pump Company, to rezone Lots 1 and 2, B1ock Z3, Spring Brook Park Addition, from R-1 (single family dwelZing areas) to M-1 (Zight industriaZ areas) to make zoning consistant:with property lines at 181 EIy Street N.E., to determine if this can be handled as a SpeciaZ Use Request and the petitioner's plan is seen by the Building Standards-Design Control Subcommittee on February 21, 1974, untiZ March 6, 1974. Upon a voice vote, a11 voting aye, the motion carried unanimously. 3. RESPONSE FROM LETTER CONCERNING ARMORY REQUEST MOTION by Harris, seconded by Lindblad, that the Planning Commission receive the letter from the Rotary C1ub of Fridley dated January 21, 1974. Upon a voice vote, a11 voting aye, the motion carried unanimously. Mr. Clark said they didn't seem to.be getting much.response from this letter, and he thought the Planning Commission should be thinking of when they want to make their recommendation on the armory. Chairman Fitzpatrick said this could be put on the March 6th agenda and at that�time the Commission could set a Public Hearing date. � 4. �iAI�DI;ING OF BILLBOARD SIGNS Mr. Clark said that our sign ordinance states that by next September, billboards that are non-conforming will have to have a Special Use Permit. As we only have-4 billboards in Fridley that meet the requirements, we will be flooded with requests. Does th� Planning Commission want to handle �hese �.equests as they come in, or do you want to accumulate them and review them together. Mr. Harris said he would want an opinion, in writing, from the City Attorney before they start any hearings on these requests. He said if we deny Special Use Permits on signs that have been in existance before the ordinance was written, we could all be in Court. Mr. Fitzpatrick said it would be difficult to deny a request when the billboard was going to stay the same. . Mr. Clark said they have been given 5 years to amortize them or else apply for a Special Use Permit.. Mr. Lindb].ad said he couldn't see that this ordinance can change what is already there anymore than a new building code can. Mr. Fitzpatrick said that at the time this ordinance was written, it was. assumed that they would comply in five'years. Mr. Clark said we don't know if they will comply or not. � � I"� Planning Commission Meeting - February 6, 1974 Page 11 Mr. Clark said that in addition to the Special Use Permit a lot of them will need variances because they are in a residential area, they are too close to the highway or an intersection. He said that the sign for Sandees breaks all the codes and yet this is one of the older businesses in Fridley and it might be difficult to deny this sign. Mr. Harris said this sign is on leased property, and if we denied the request and his lease had not run out, we could find ourselves being asked to pay for the unused portion of the lease. Mr. Clark said that if we allowed this billboard, which doesn't meet the code at all, it would be difficult to deny any other requests. . Mr. Drigans said the sign ordinance is very difficult to interpret. Mr. Harris said there is no doubt.that some of the requests will have to be denied, and we may have to defend our position in court, so I think we should be sure we are defending the right position before we start. Mr. Clark said that when we get some of these requests, he thought the Planning Commission, the Board of Appeals, and maybe th� Council, along with the City Attorney, should have an informal meeting to review these requests in relation to the sign ordinance, before we ever set Public Hearings on these requests. 5. CONFERENCE INVITATION Chairman Fitzpatrick said he thought as many members as could go, should try to make the conference they had been invited to on Apri1 20, 1974. He thought it would be very worthwhile. Mr. Clark said that if there was any charge for this con�erence, he was sure they would be reimbursed by the City. Chairman Fitzpatrick adjourned the meeting at 10:45.P.M. Respectfully submitted, �r�o-�/ Dorothy enson, 5ecretary ° �►�NUTES OF THE R�GULAR PARKS AND RECREATION CONNIISSION MEETING, .JANUARY 2g. 1974 Meeting was called to order at 7:SO p.m., by Chairman Blair. � MEMBERS PRESENT: Blair, Stimmler, Caldwell, Peterson, Wagar. MEMBERS EXCUSED: �None. OTHERS PRESENT: Everett Utter, Councilman At-Large. Paul Brown, Director of Parks $ Recreation. Cathie Stordahl, Secretary to the Commission. MINUTES OF TNE DECEMBER v, IgT� MEETING� MOT I �N b y Ca.P.dwe,P.e., Seca nd ed b y Ulag cvr., �a a�pna v e�he M.i.viu te,�s a��he PcucFr� and Ree�ce.a�i.�n Camm.i���.an Mee,ii.ng da�ed Decembe�c 17, 1973. The Ma�'.i.on catvc,i.ed. TERRACE HOCKEY RINK, The Commissioners discussed the possibility of constructing and maintaining a Hockey rink at Terrace Park. Mr. Blair asked if the intentions were for the 1974 - 1975 Skating Season, and Mr. Brown said that they were. Mr. Blair asked if the Gity had any plans to construct a Hockey rink at Rice Creek School, and Mr. Brown stated�that we did not. Mr. Brown.went on to explain that we presently have no plans to build additional Hockey rinks, but in the event that we do have funds made available, the next rink should go to the Rice Creek School area or Dave Harris Estates. There is a real void in this area. ^ Mr. Wagar stated that from his past experience, he thinks the construction of a mini-Hockey rink with only 2' boards would be a bad investment. Mr. Blair said that he would have to concur with that statement. Mrs. Caldwell asked if the 2' high boards wouldn't be dangerous? Mr. Wagar said that they would be fine for the S or 6 year old, but would be,very dangerous for the 10 to.12 year old. With the construction of any type of boards, it would be a drawing;point for the Hockey skater, and the older boys always dominate the rinks, so the S and 6 year olds would sti11 be without a place to play.Hockey. Mr. Brown was asked who would be responsible for controlling the situation? He responded by saying that the attendant would have to be in complete charge. Mr. Wagar said that that would be an impossible situation, and used the example of the past Summer before the Beach opened at Moore LaKe for the Season. He had stopped his car and informed the swimmers that the Beach was not open, no lifeguards were on dut�y, and that they should get out of the water. He said that the violators almost threw him in the lake, and they weren�t teenagers, either. He agreed that it would be an impossible situation. Robert Peterson arrived and Mr. Blair briefed him on the Terrace Hockey Rink discussion. Mr. Wagar said that he felt the City had other priorities which should�be considered first. Mrs. Caldwell said that we're having enough. trouble maintaining the rinks which we already have. � MOT�ON CU -nacvcws; Seeonded b Ca.2ctwe,�2., �a neeammend �to �he � an ma.i.r�tcun a Nac eU tu�1 a�i Te�vc,a.ce P� n ►�e�e.n zne u�a atc.ea, we e � e cvc . e a�c.an ca�,ce . e av 0 a �ne�:caenee w,c.irz �zrietc ch.ea�;i ��2 a a aK�e�c.aws Caune.i,e, �hart �he �an.a vn jLCU1(�(�t.PJS �CVL � �5m pcvc ah ��� I � _� ��nutes o� the Parks � Recreation Commission Meeting, January 28, 1974. Page 2 �� N�1I NG OF PARK AT �]./2 WAY N� E� � Mr. Blair asked the Commissioners.to refer to the petition which has been receiving, asking that the new park on 642 Way N.�., be named "The Ed Wilmes Park". MOTIUN by Ca.2dwe,�C, Secanded by Pe,ie�san, �a accepx �he pexi�'�.an nec�ue�s�,i.ng �he nam�.v�g o� �he patcFz ax 64 l/2 tUay, "TG�e �d w.�.?me�s PatcFz". The Ma�'.{,an catvr,i.ed. Mrs. Caldwell asked if it was a good representation of the people of the area? Mr. Brown stated that it was about all of the people from the neighborhood. Mr. Peterson said that it was commendable that the people of the neighborhood would circulate . such a petition. . MOTI�N 6 Pe,i�c�sav�, Secanded bc Cu,2dwe.P.�., nec�mme�.cGi.n �ha,t �he atcf� na eh,iy .�accr,ted ct,t 4 2�lay ., e v�ame e w e.�s Pan , cLS � ne tin e e�c�c.vK, a�. �� e nec�mmev�d�d�.�,i.an �a�c.wan�a �a �he C�y Coun �ah, ay��tcav . T e. MG�`.(.UYi M�R�P�A� COMMISSION MEMBERSHIP RENEWAL� Mr. Brown asked the Commissioners to make a decision on continuing or discontinuing their membership in the Minnesota Recreation and Park Association. The Commissioners asked about the benefits received from this group. Mr. Brown said that they are invited to attend the Fall Conference.each year, to meet with other Commissioners who might have similar problems with solutions, or good ideas for improving present facilities and conditions. They will also continue to receive the mailings. The ^ charge is $25.00 per year for the entire Commission. Mr. Brown said that in order to gairi from the M.R.P�.A., you have to participate. Mr. Brown said that at one of the Fall Conferences, he learned how inexpensively a tennis court can be lighted through the use of a coin-operated switch, as is presently in operation in Roseville. Mr. Peterson said that for the nominal fee, we do gain quite a bi� o£ worthwhile information. MO7IDN by Pe,te�usan, Seconded by Wagcvc, �a cav�ti.viue �he membe�h,t,p .�v� �Fi.e M.cri.ne�a�a. Rec�c e.a,�.a n and PanFz A.a �s v c,c;.a,t,i,a n. T he Ma�.a n ca�vu.ed . � MEETING DATES FOR Ig%4� ; The Commission reviewed the proposed meeting dates for 1974, and agreed to accept the schedule. They will continue to meet on the 4th Monday o£ each month, with the only exceptions being May, October, and December, when the regular meetings will be held on the third Monday, because o£ legal holidays. MUTTON by Pe,ielusan, Secanded by Glagcvc, �a ap�nave �he 1974 �sehedu.@e a� Regu.�ate Pcvch,a and Rec�c.ea,�'.c:an Camm.�.a�s�,an mee.t,t;ng da�eb. The Mo�,an ca�v�,i.ed. GYMNASTICS FOR GIRLS� n � Mr. Brown informed the Commissioners that he had been approached by Don Meyers o£ Fridley Senior High School, about the possibility� o£ conducting a Gymnastics class � for the girls o£ the Community. He was recommending that the school provide the facility, and that Teri Nelson be in charge of the classes.� Mr. Brown said that Miss Nelson had been in the office and they had discussed the program. He felt that it would be a good program. The age group would inyolve Jr. High School girls. -�inutes o� the Paxks � Recreation Commission Meeting, January 28, 1974. Page 3 , s-ri�cs (coN'r) ; �� The program would be self-sustaining, in that the monies collected from the - participants would be used to pay the salary of Miss Nelson. The fee would be $10.00 per participant, and the program would last approximately 10 weeks. Mr. Brown will keep �the Commissioners informed on the development of this new program. NORTH PARK� The Commissioners briefly discussed the Council's decision regarding the development of North Park. Mr. Brown stated that the Council intends to hire a Naturalist for the City DUTCH ELM &(�AK W I l�T D I SEASES , . Mr. Brown in£ormed the Commissioners that there was some legislation before the State, dealing with the control o£ Dutch Elm and Oak Wi1t Diseases. There will be some monies available, and the City should keep abreast of this progress, in .order to benefit from the decisions made. Mr. Brown recommended that copies of ' the information we already have, be forwarded to the City Gouncil, MQNTHLY CORRESPONDENCE� ^ The Commissioners briefly reviewed the correspondence mailed during the month. Gary Stimmler arrived at 8:30. WARM WE:ATHER VS ICE SKATING RINKS� : Mr. Stimmler called the Commissioners attention to the poor ice conditions which prevail at the City Parks. He pointed out that there was sand exposed on the Hockey rinks, and that this was extremely hazardous. He also stated that many o� . the games have had to be rescheduled, due to warm weather and poor ice conditions. He-asked what could be done. Mr. Brown responded by informing the Commissioners of the efforts which were being made and reminded them that the weather has been hopeless for ice making over the past several we�ks. Councilman Utter arrived at 8:50, to discuss the conditions of the ice skating rinks, and reported that he had received numerous phone calls about the pxoblem. General discussion followed, including the possibility of splitting the regular shifts, working overtime, and other aimilar solutions. Mr. Brown explained that the Department has worked quite a bit of overtime already this season, but that when we have such terribly warm weather, even in the middle of.the night, it is impossible to get the ice to set up. � Councilman Utter and the Commissioners asked Mr. Brown to make every effort to get ' the Hockey and ice skating rinks, back into the best possible conditions. ADJOURNMENT� Ma�'.i.an by S�imm.2etc, Seeonded by Cu.eCdwe,2e, �a ad�ouhn �bi.e mee�',i.ng cr,t 9:15 p.m. _ ,.I��nute$ of the Parks � Recreation Commission Meeting, January 28, 1974. Page 4 - �.� �JOURNMENT �CON�T): : ,, r The next regular meeting will be held on Monday, February 25, 1974, at 7:30 p an., in the Community Room of Fridley Civic Center. Respectfully submitted, L��� C2'� �� CATHIE STORDAHL, Secretary to the Commission � t/'\ �� � BUILDING STANDARDS-DESIGN CONTROL SUBCOA�iITTEE MEETING OF JANUARY 31, 1974 The meeting was called to order by Chairman Lindblad at 8:02 p.m. MEMBERS PRESENT: Lindblad, Tonco, Treuenfels, Simoneau, Cariolano MEMBERS ABSENT: None OTHERS PRESENT: Jerry Boardman, Planning Assistant MOTION by Treuenfels, seconded by Simoneau to approve the minutes of the December 6, 1973 meeting and December 13, 1973 meeting as written. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. 1. CONTINUATION OF A CONSI�ERATION OF A REQUEST TO CONSTRUCT SPECULATIVE BUILDINGS LOCATED ON LOTS 1-12, BLOCK 4, AND LOTS 16-30, �LOCK 3, ONAWAY ADDITION, AND THr VACATED ALL�Y IN BLOCK 3 AND THAT PORTION OF HICKORY STREET BETiVEEN BLOCK 3 AND 4; THE SAME BEING 70, 80, AND 90-79TH WAY N.E, AND 71 AND 81-78TH tiVAY N.E., FRIDLEY, MINNESOTA. (REQUEST BY AL ZEIS, 255-94TH AVENUE N.LV., COON RAPIDS, MINNESOTA) Mr.�A1 Zeis was present for the request. Jerry Boardman brought forward the plans and stated he had discussed these with Mr. Zeis. He also said that this Board had approved the location and ground level permit for these buildings at the December 13, 1973 meeting. �, Mr. Zeis was supposedto bring in for this meeting a parking plan, landscape plan and side elevations. Mr. Lindblad said that the landscape plan noted the type of trees, size and location. Mr.'Boardman went over the landscaping plan. He noted the change to evergreens around the door entrances and added some more trees could be planted along these areas. He asked Mr. Zeis if he agreed on this plan, Mr. Zeis said yes. Mr. Tonco asked if there was something the City could do to control the development in order to make sure it is eompleted. Mr. Boardman said the only hold the City has is a bond on the landscaping. It has no.hold over the completion of the buildings or blacktopping. If Mr. Zeis cannot feasibly finish the other three buildings, the City would re- quest a completion of landscaping to finish off the areas where the blacktopping and three buildings should have been. Mr. Boardman suggested they stipulate that if after two years (1-1-76), and the project cannot be completed, Mr. Zeis would come before this Board again with a final landscap,ing plan. The Board agreed to this stipulation. The Board asked about the parking plan. Mr. Zeis said what was shown on the plan was the one they would use. Some stalls had been changed, but his mortgage company insists the parking be allowed for each building location and that he get an easement for the parking which would state that when or if � each building is sold separately, the buildings wo_ld share all of the exits � � and parking spaces. This easement would prevent any one building owner frora not allowing the others to use a certain exit or parking area. He said he realized this was an unusual request by his mortgage company and his lawyer will be drawing up the easements. , �',1 BUILDING STANDARDS-DESIGN CONTROL SUBCONII�IITTEE MEETING OF JANUARY 31, 1974-P�. 2 � Mr. Boardman said the City does not need this easement, but is a private situation. Mr. Zeis said tlie City of Fridley would not be involved at all other than requesting it be done. Mr. Tonco asked if the parking was adequate. Mr. Boardman said for what the entire development shows there is enough. However, Mr. Zeis must provide the required parking with the development of his first twa buildings (44 stalls) according to the existing plan layout. The Board decided to make this a stipulation. . . Mr. Tonco asked�about the side elevations. Mr. Boardman said he had gone over the plans with Mr. Zeis. He also said they will be eliminating certain columns as shown on the plan and brick will be used to "wrap" all corners on all buildings. � The froni elevations will be alternating areas of break-off block panels, brick panels and 8" square block panels, in earth colors. The side elevations will be using the same material and design. The loading dock areas will be constructed of running.bond block. h1r. Boardman felt this design,would give the buildings and entire development the design break-up needed to make an attractive commercial area. Mr. Tonco asked if the pilasters will be protruding from the surface of ^ the building or if they are flush with the roof flashing. Mr. Zeis said they will be protruding approximately 3 to 4 inches. Mr. Tonco pointed out that - the plans did not show the pilaster protruding, and stipulated they should be shown as such on the plans. The Board in a general discussion went over the indoor facilities and set up. Mr. Boardman asked Mr. Zeis if he had given the City the easement for the alley, Mr. Zeis said yes. MOTION by Tonco, seconded by Simoneau to recommend to Council the approval of the buildings according to the plans as presented this evening�and as stipu- lated as follows: 1. Mr. Zeis get easements drawn up as requested by his mortgage campany for the parking. 2. Shrubs around the front door entrances be changed to evergreens and�quantity increased. � 3. The time table of two years (1-�1-76) be allowed for completion of the entire project. 4. If, after the time period, the three remaining buildings cannot � � be completed and more parking is required by the two buildings it • wi ll be supplied. 0 _ . �.� �„� • BUILDING STANDARDS-DESIGN CONTROL SUBCONIl�IITTEE MEETING OF JANUARY 31, 1974-PG. 3 S. If, after the time pexiod, the three remaining buildings cannot be completed, Mr. Zeis will come before this Board in brder to show a final landscape plan for the areas not developed. 6. Projection of pilasters will be shown on the plans. 7. Landscaping plan be used as presented and approved at this meeting. UPON A VOICE VO`TE, all voting aye, the motion carri.ed unanimously. 2. CONSIDERATION OF A REQUEST TO CONSTRUCT AN APARTMENT COMPLEX LOCATED ON THE SOUI'H 698 FEET'OF THE NORTH 1066 FEET OF THE WEST 385 FEET OF THE EAST tIALF OF THE NORTHEAST QUARTER OF THE SOUTH�VEST QUARTER OF SECTION 14, T-30, R-24, ANOKA COUNTY, EXCEPT THE WEST 30 FEET TAKEN FOR STREET AND UTILITY PURPOSES; THE SAME BEING 6451-5TH STREET N,E. . S, MI Mr: Frank Reese and Mr. Rudolph Dante were present for the request. - Mr. Reese said he would be giving a brief discussion as he knew no decision would be made this evening. � ^ He said residential housing will be facing 63rd Avenue, 7th Street and Mississippi Street. A line was drawn through the area to keep the natural . buffer strip between the R-1 zone and the multiple dwelling zone. The com- plex will contain 144 units, have 2 entrances off of 5th Street, outside parking and 2 garages (enough parking will be provided here for each unit) will be provided. Mr. Reese said they are working with the architect firm Anoka County has hired for the new library. They are proposing a somewhat modern design.made from white stucco. Mr. Reese said they are proposing a design with a Mediterranean design. The wall material will be white stucco - , alternating with brown stained wood panels. The front entrance doors and combination living room windows will be overhung with adulated mission tiles as�well as the garages. The front doors are of a heavy wood construction. Ther.e will be a somewhat private green area in front of the building. This green area will be depressed with berming along Sth Street and on the side of t he apartment, the 2 garages will make up the sides. Located here will be a swimming pool, recreation area and putting green. The area '�ehind the apar�ment will have a pond approximately 200 feet across. Natural trees will be left and�some more will be planted for fill-in. This area can b e used as a picnic area. Mr. Reese said the County will have to remove some large trees and Wall Corporation thought they might be able to replant these trees. He also said they plan to plant full size trees in order to provide a buffer between the R-1 zone and this complex. � Mr. Reese went over the two types of apartments to be built. One will be ^ a one bedroom studio. This will be somewhat on the same order as an efficiency apartment but will have different areas blocked off. There will be approxi- mately 72 units of this type. The other 72 units will be a one bedroom plus den. This den can be used as a den or a second bedroom. �9 : � BUILDING STANDARJS-DESIGN CONTROL SUBCOMMITTEE MEETING OF JANUARY 31, 1974-PG. 4 Mr. Reese said this is not a child orientated complex, but more for singles or chiYlless couples. Mr. Reese said the garages would have the same design as the complex, white stucco and mission tiles. Also, a sign will be located on 5th Street directly off of 64th Avenue. Mr. Reese asked if there are any questions. Mr. Simoneau asked if they would be developing the R-1 area. Mr. Dante said they had discussed this with the City and since they (Wall Corporation) are not a residential builder, they would like to sell the land to one developer. This would insure a more controlled effect on the construction and not a piece-- meal effect. Mr. Dante said he does have some interested parties. Mr. Simoneau also asked what would be done to a large cluster of oak trees. I-ie said Senior Reidel had told him that these trees were full grown when he was a boy, around 1912. Mr. Simoneau thought it would be a shame to waste these trees. Mr�, Dante said these trees are. on the County property, but that he would not take them out. Mr. Reese said they will be weeding a few unhealthy trees, also removing a retaining wall and some buildings. A general discussion followed about the renting and use of the complex. /'\ Mr. Boardman said he �finitely Wants cross sections through the entire � property brought in for the February 7, 1974 meeting. MOTION by Simoneau, seconded by Treuenfels to table this item until the joint meeting of Board of Appeals and this Board on February 7, 1974. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. Mr. Boardman asked the Board members if they wanted the b ackground infor- mation on �e Wall Corporation (stipulations, agreements, minutes of committees) by the February 7th meeting. The Board said they would like this material for.study.- � .3. CONSIDERATION OF A REQUEST TO CONSTRUCT AN ADDITION TO THE PRESENT - STRUCTURE FOR USE AS ADb4INISTRATIVE AND CLASSRaOi�! PURPOSES; LOCATED ON LOTS 1�, 2, BLQCK 1, OSBORNE MANOR 2ND ADDITION; THE SAME BEING 472 OSBORNE ROAD N.E., FRIDLEY, DIINNESOTA. (REQUEST BY THE FRIDLEY � ASSEbIBLY OF GOD CHURCH, 472 05BORNE ROAD N,E., FRIDLEY, MINNESOTA) Mr. Severin Hallblade was present for the request, Mr. Hallblade said he is on the Board of Directors for the church: Mr. Hallblade said this will be a 2nd story addition. Mr. Tonco asked if there were footings in the first floor for a second floor. r1r. Hallblade /1 • said he was not sure but assumed the buildex had checked into this. He said � the same contractor would be doing this addition as had done the previous work . . • � �� R � !� F _ BUILDING STANDARDS-DESING CONTROL SUBCOMMITTEE MEETING OF JANUARY 31, 1974-PG. 5 Mr. Simoneau asked about parking. area not blacktopped if it was needed. requirements for this type of use. b1r. Hallblade said there is plenty of Mr. Boardman checked into the parking Mr. Tonco asked if there was concrete curbing around the parking lot as shown on the plans. Mr. Hallblade was not sure as to what type and where curbing was supplied. Mr. Boardman said he had talked to another Board member , of the church who said the plan shown here is not what is actually there. Mr. Tonco asked�if this would be a financial hardship for the church to put concrete curbing around the entire blacktopped area. Mr. Hallblade felt it could be done now. Mr. Tonco asked if the church expected any type of - future expansion. Mr. Hallblade said the only possii�lity would be making the sanctuary larger. � Mr. Boardman asked if Mr. Hallblade felt the church could at present financially place the curbing now if the Board stipulated or if they would need an approximate two year period, especially if they planned any type of expansion. Mr. Hallblade said he had talked to the Pastor who said it would be ideal to have it curbed. The Board stipulated that the ahurch b e given an option; either to do the curbing now is they so desire or have two years (2-1-76) to complete the � curbing, at which time, if still unfeasible, the church would go before the Board of Appeals for a variance on the curbing. /'1 Mr. Hallblade said the addition would be matching t�.i.ck. The Board asked if the structure wall wouLd be able to hold this weight. Mr. Hallblade said he was not sure. The Board stipulated that if the structure is unable to hold this type of construction, the wall can be changed, but the Board would like to see it done this way. Mr. Lindblad asked if there would be any wood on the exterior. Mr. Hallblade said no, it will be constructed of brick and follow the same design as the present sturcture. . The Board briefly discuss�d the facilities for the handicapped. They felt the needs can be met with no problems. Mr. Boardman said the Building Inspection Department would work out any type of.problem with the church. MOTION by Tonco, seconded by Simoneau, to recommend to the City Council approval. of the addition with the following stipulations: 1. The church be given the option,of doing the curbing now or have a two year (2-1-76) period to finish the curbing. If un- feasible at the end of two years, the church will go before the Baard of Appeals for a variance on the curbing. 2. If the brick wall cannot be built due to structursl reasons, the design can be changed, but the Board would like to see something similar to this constructed. , s�- /C�,' _'w_. � BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MEETING OF JI�NUARY 31, 1974-PG. 6 UPON A VOICE VOTE, all voting aye, the motion carried unanimously. n � 0 Chairman Lindblad adjourned the meeting at 9:15 p.m. Respectfully submitted, ��!L�-�2�1� • �J( . Paula R. Long � S ecretary , � BUILDING STANDARDS-DESIGN CONTROL SUBCONII�IITTEE MEETING OF FEBRUA�RY 7, 1974 Chairman Lindblad called the meeting to oxder at 7:2U p.m. I�MBERS PRESENT: Lindblad, Tonco, Treuenfels, Simoneau, Cariolano MEI�BERS ABSENT: None O THERS PRESENT: Jerry Boardman, Planning Assistant • .�, £p...,. � A40TION by Tonco, seconded by Treuenfels to table the acceptance of the January 31, 1974 meeting minutes until the next meeting. UPON A VOICE, all voting aye, the motion carried unanimously. 1. CQNSIDERATION OF A R WIN'DOiV AND AN ADDITI � SUBDIVISION N0. 153; (REOUEST BY TtVIN CIT TO CONSTRUCT A CANOPY OVER THE EXISTING DRIVE-UP NEIV RENtOTE TELLER, LOCATED ON LOT 5, A�.IDITOR' S i4E BEING 5205 CENTRAL AVEI�JUE N.E. , FRIDLEY, D1INN. DERAL, 801 h7ARQ No one was present from Twin City Federal for the request. presented the request on their behalf. VL�-J.' 1•11aY1�. J Mr. Boardman �� Mr. Boardman felt there would be no problem with the addition of the remote teller and canopy. The design and material would match those of the present stru- ture. All curbing, blacktopping and landscaping has been completed. Mr. Boardman thought that painted arrows should be placed so that the traffic will have a smooth � ^ flow. The Board agreed on this. � Mrs. Treuenfels�felt there might be a problem with the parking in the area of the ne�v structure. Mr. Boardman suggested eliminating the three parking s'talls that run parallel to the structure. Mr. Lindblad concurred with this suggestion pointing out that in the winter time the cars would not be able to snug up to the curb, due to the snow, as they should. This could cause some conjection here. Mr. Lindblad also questioned the clearance height of the structure. The plan shows ll feet of clearance. He thought that perhaps the Board could suggest to the bank to look into the liability if someone, i.e. who tried to go through �aith a 12 foot camper, and caused vehicle and canopy damage. He thought perhaps the clearance should be marked. This was only a suggestion for the bank �to look into. D40TION by Tonco, seconded by Simoneau, to recommend to Council approval of the structure with the following stipulations: 1. Painted arrows b e placed to show a traffic flow pattern. 2. Look into the suggestion of eliminating the three parking stalls that run parallel to the new structure. 3. Look into the suggestion of liability if canopy clearance is not marked. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. �� ^ �BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MEETING OF FEBRUARY 7, 1974-PG. 2 2. CONTINUATION OF A REQUEST TO CONSTRUCT AN APARTMENT COMPLEX LOCATED ON THE SOUTH 698 FEET OF THE NORTH 1066 FEET OF THE 6VEST 385 FEET OF THE EAST HALF OF TtiE NORTHEAST QUART�R OF THE SOUTH4VEST QUARTER OF SECTION 14, T-30, R-24, COUNTY OF ANOKA; THE SAh1E BEING 6451-5TH STREET N.E., FRIDLEY, bIINNESOTA. (REQUEST BY IVALL CORPORATION, 8220 NQRMANDALE_�___l�RO D_. MINNEAPOLIS, MINNESOTA. ) Mr. Frank Reese, Mr. Rudolph Dante, and`Mr. George Kiefer were present for the reques t. Mr. Reese said the development will include 23 residential lots, outdoor parking, two garages, recreation and picr.ic area, drainage pond and a 144 unit apartment complex. The picnic area will keep,many.of the natural clusters of trees. Mr, Arvil Miller, 525 Bennett Drive, spoke up from the audience and asked where the woods development would be. Mr. Reese pointed out that it would be to the north of the complex. Mr. Miller said there were no trees there,. r4r. Reese said yes there are some trees here and additional planting would'be done. �. Mr. Reese went on to the drainage plan. He sa�d the flow from Sth St.�et and 63rd Avenue will be picked up off of 63rd, drain down into a 12 acre foot drainage pond, from there any overflow will be taken through a pipe to 7th Street and Bennett Drive area and into the present storm sewer system. He said the 12 acre foot pond will allow for a one in a hundred years flood and also a one in a tien � year flood frequency. Mr. Tonco asked how much water this pond would ho1d. Mr. Reese aaid they have left it at its natural level. Mr. Tonco also asked about the care of the pond and how they would mainiain a certain depth level. He said that Wall Corporation had said at a previous meeting that they would maintain a certain leve� in the pond. He also pointed out that during the dry season the level will fall somewhat lower and asked if they would use the City water during these dry periods to maintain this level. Also if there was some possibility of h`aving a private well. Mr. Reese said this was true, but since the natural level was determined before, it will lie � around 839 to 841 feet. They feel that the pond would keep its own natural level. They would not use City water for keeping this pond at a certain level, b ut rather drainage from rain and water would do so. Mr. Tonco asked if they would b e using the drainage for watering purposes and not use City water. Mr. Reese said this had been discussed with the City, and in particular with the City Attorney, and it was everyones opinion that the City could not restrict this on one complex and not the others in the City. Mr. Tonco said it was not a restriction but rather a suggestion. Mr. Reese said it was felt the pond would maintain its own level and they would not have to use City water. A1so an aerator will be supplied on the south end of the ponds to circulate the water in order to keep it clean and fresh. /1 Mr. Reese went over the parking. He said they have supplied 152 stalls inside the garages and 76 stalls outside, or a total of 228 stalls. Mr. Boardman said that 252 stalls are required for a complex this size, but this will be taken up with� the Board of Appeals. hir. Lindblad asked if these 228 stalls would be in a percentage /1 �-. �, � � BUILDING STANDARDS-DESIGN CONTROL SUBCOAM�IITTEE MEETING OF FEBRUARY 7, 1974-PG. 3 ratio that wou�d be needed for each unit, considering the number of persons per unit and accounting for visitors. Mr. Dante said for the type of renter they will have,in the complex, they feel it will b e adequate. Wall Corporation feels it is more important to have the added indoor parking then the extra outdoor parking as required. However, he did say if they are wrang on their assumption of parking needs, they would want to add the needed parking. It is only an advantage to them to have plenty of parking. Mr. Dante said l.S stall per unit would be reQuired for the efficiency apartments and if they have to put more in they will have to take space from the private green area in front. • Mr. Reese went on to say the garages will be approximately l00 feet off of 5th Street and the top of the garages will be level with 5th Street. Mr. Arvil Miller asked about the ponding area. He said he had tried to keep up with the development of this area and noted th at the pond was different then what was originally p2anned. Mr. Dante said the change was due : to the fac�t that the original plan was designed for a 155 unit townhouse development. Their (Wall) engineers and the City Engineering Department have gone over the plans and decided what the new plan called for a�nd had it drawn accordingly. Mr. Miller said he did not widerstand the idea of the drainage pond. When he � bought his land in Fridley and paid for his share of the storm sewer, which he did not mind, he was told a storm sewer system was needed. Now Wall Corporation comes in takes this land does not have to put in a storm sewer system but just a drainage pond. He also said Columbia Heights put in a drainage pond and it did not work, a small girl drawnd �it and they ended up blocking it off. Mr. Dante said the City reauested the drainage pond. He said this pond is costing the Wall Corporation more money than what a storm sewer system would because in a storm sewer system the cost would be passed onto the residents of Fridley whose storm water could flow into it. In the case of the drainage po�d, only Wa11 is being charged entirely for the development of the pond. Mr. Boardman said a new storm sewer system would affect all of the residents around the development and those north to Rice Creek• Mr. Miller said he realizes this b ut the property was let go b ecause the property owners did not want to pay the assessments and now Wal1 Corporation picked up the property and will be using the present storm sewer system without paying for it. Mr. Lindblad said this Board does not have the background or the mechanical details on the drainage pond, but felt Mr. T4iller should talk to the City Engineer and City Fathers if he has any further questions. He also said this will be a holding pond to catch'the sudden laxge amounts of water, hold it and.gradually let it go down the storm sewer. This will prevent a sudden=flood through the storm sewer system and cause damage. • � Mr. Dante felt he should talk to the City Engineer on this plan, as this is what tfi e City is requesting and it is costing the Wall Corporation more money in eve�y aspect. . � �� BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MEETING OF FEBRUAItY 7, 1974-PG. 4 Mr. Boardman said there is a stipulation on the Wall Corporation stating if in the future a larger storm sewer system is needed, they will be assessed their fair share�of the cost. Mr. Niiller said he then would be paying twice for the same type of system. Mr. Boardman said it must be remembered that not all of the water in this area is from Wall Corporation, but also comes off of 5th and 7th Street. Mr. LindUlad said there is nothing this Board can do about the cost, assess- ments or design of a system for this area. He appreciates Mr. Miller's point of view but felt it should be taken up with the appropriate City staff inembers. Mr. Reese presented a plan showing a cross section down the middle from 5th Street to 7th Street or west to east. Starting at 5th Street there is an area of 100 feet, goes down to the private recreation area, (surrounded by the garages) comes up to the apartment complex, levels off to the elevation of 841.5 feet for the pond and cames up again with a 120 foot stretch for the R-1 1ots. Mr. Miller asked for a north-south section. Mr. Reese said he did not have one, but said it would b e fairly level. Drop gradually to the pond off of the lots on Mississippi Street and up again to the Iots on 63rd Avenue. Also trees will b e. planted in this area between the two zones for a buffer strip. All of the R-1 back lots will drain into the pond. Mr. Miller asked if the single family homes are still being planned for. Mr. Reese .� said most definitely, that phase of the development is a very important part of the total development. � Mr. Dante said part of the agreement with the City is to have this area platted with 23 R-1 lots, the library and their complex. Mr. Miller asked who would be building the xesidentail homes. Mr. Dante said they do not build single family dwellings but would like to sell the land to one developer in order to insure a control on the building of these homes. He said he did have some interested parties. Mr. Miller said he did not realize there would be a 120 foot residential stretch between 7th Street, Mississippi Street and 63rd Avenue before you get�to their complex. This was why he was questioning the pond earlier. Mr. Reese went over the exterior of the building. He said it would have a Mediterranean design, white stucco walls with brown stained wood panels around the living room windows. The bedroom windows wi11 b e surrounded by white stucco. The roof and can�py over the l�ingroom windows will be a terracotta red tile. The front doors will protrtlde out from the main building and will have a heavy carved wood deisgn. . • . Mr, Lindblad asked if they would consider using an egg shell color for the exterior walls instead of a stark white. This would keep the exterior from showing an y rust stains from the City water which may splash on the building. Mr. Reese � said this was a good suggestion as dust will be splashed up onto the walls from rain and watering. He said they had not really decided on that yet, but would consider it very much. � a ��!��-y . I'rr � /°� B UILDING STANDARDS-DESIGN CONTROL SUBCONIMITTEE MEETING OF FEBRUARY 7, 1974-PG. 5 Mr. Reese went over the inside oi the complex. The front.entrance will be a large spacious lobby;'a stairway, elevator and mailboxes will be located here. Mr. R eese said the elevator will be large to handle large pieces of furniture. A recreation room will be on one level with a card room directly above it. These rooms can be rented out for private party use. Laundry rooms are provided on each floor. A storage area will be provided for each unit. A locker, 10 feet wide, 4 feet high and 4 feet deep will be situated above each assigned p arking space in the � garages. Also there will be one large storage room on the 3rd level and 2 smaller storage xooms on the lst and 2nd levels. Large closets are supplied in each unit. Each unit will have its own control over the heat, air-conditioning and ven�ilation. The apartment will have 3 designs for the units. 1. Studio - sleeping.area, living room, kitch en and eating area, and bathroom, approximately 440 sauare feet. � 2. One�Bedroom Plus Den - master bedroom, living room, dining area, kitchen, bathroom and a room which can be used as a den or partioned off as a 2nd bedroom, approximately 840 square feet. � 3. One Bedroom - same as number 2, b ut without the den/bedroom area. No plan was shown for this unit. Mrs. Treuenfels felt that the units were small in size, especially if a renter has guests in, Mr. Dante said this was the reason for a party room. Mrs. Treuen£els felt that since these were such small sized units that so many of them would not be needed. Mr. Dante said they have had studies done and 1 bedroom apartments are just not going as they use to. They feel the studio and 1 bedroom plus den will work much better. A variance will be needed on the n��r of efficiency units allowed in tihe comp Lex. Mr. Reese said the windows will be double paned for better insulation, a vapor barrier and to conserve on energy. Mrs. Treuenfels felt the one window in the living. room and one in the b edroom was not enough. It was her opinion that the unit would be dark and dingy. Mr. Reese explained the window area meets the requirements of the City code and that NSP does not really favor any larger window areas, in view of the energy crisis. Mrs. Treuenfels felt th at more windows and larger units would be much b etter. Mr. Lindblad pointed.out that an apartment for most dwellers is not the same as the home that she was used to, it is more or less sleeping quarters. Mr. Lindblad asked about the garage. Mr. Reese said it will be constructed of the same type of material as the complex. Mr. Lindblad asked if they would be doing samething to the roof so the tenants on the 2nd and 3rd floors do not have to look ^ at a black tar pitch roof. Mr. Dante said they are looking into a red gravel of some type. A4r. Boardman asked if this top would have texture as w ell as design and celor. Mr. R�se said it wi11 be like red crushed rocks or gravel. ., �1.��' .. - .... «. . .. .' '...._:��. _ . � l�r ��' � BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MEETING OF FEBRUAi2Y 7, 1974-PG. 6 Mxs. Treuenfels asked about the width of the stalls. A�r. Reese said they are 10 x 20 feet. He also said the driveways will be within the development for more control on them, and the 2 sides facing the north and south will have 2 overhung garage doors. The garages will have a middle dividing wall. Mr. Boardman asked about an exit and entrance door for the people for the garages. Mr. Reese said they will be adding a couple of feet to allow for such doors. Also 2 fire doors will b e placed in the middle wall to allow walk through access from one side of the garage to another. � Mr. Tonco pointed would b e using this. be, but what mate'rial would be better. h4r. looking into this. out the use of 1/2" size plywood and c{uestioned if they Mr. Dante and Mr. Reese both said they thought they would is available might make the difference. Mr. Dante felt 5/8" Boardman said the Building Inspection Department would b e Mr. Lindblad asked if there would be air vents for the garages, and if so they must he screened. Mr. Reese said yes to this. .The- Board asked abaut garbage control. Mr. Reese said 2 dumpsters will be located on the 2 rear sides of the garage, one at each end, Daily pick-up will be provided. ^ Mr. Boardman said these dumpsters would have to be screened and located in order to allow for fire trucks to make the corners and have a 18 foot radius. Mr. Dante � agreed to this. Mr. Boardman also pointed out that the parking will have to be 5 feet off of the garages. He suggested 6" x 18" poured cancrete curbing with low maintenance material between the curbing and garage. Mr. Boardman asked what type of planting there would be between the R-1 zone and R-3 zone along the driveway. He wanted ta know if there would be planting or.a fence. � Mr. Dante said he preferred planting, a fence is hard to keep up. Mr. Reese said the parking and driving has been set up so no car lights wi ll shine-into the R-1 windows. They would like to plant a 5 foot high, year around solid evergreen hedge. Mr. Boardman said for planting, a 15 foot strip is needed (because of the different zone.s involved). They have only a 7 foot strip and would have to go.be- fore Board of Appeals. If a fence was put up no variance would b e needed. The Board felt they would prefer planting, but would have to wait for the Board of Appeals decision. Mr. Boardman said the 15 foot planting strip would keep cars off any planting. Mr. Lindblad asked about the driveway along the library. Mr. Dante said they will work with the County to fix this side up. Mr. Boardman said a possible re- taining wall would be needed because Wall's driveway is 3 to 5 feet lower than the library's. Mr. Reese said they would like to work this out with the County. The Board agreed to this. , The Board asked about the landscape plan. Mr. Dante said they had no set plan as yet. They would prefer to wait. until some type of construction is up, so they can better visualize what is needed. Mr. Boardman said this Board should see �� iG. � � BUILDING STANDARDS-DESIGN CONTROL SUBCONIl�fITTEE MEETING OF FEBRUARY 7, 1974-PG. 7 this final plan before Council approves it. Mr. Dante said fine, a bond will be placed on them by the City, so the landscaping will have to be done before a Certificate of Occupancy is given. Mrs. Cariolano asked about a buffer strip between the R-1 and R-3 zones. She felt that no one would want to look at the b ackside of an apartment. Mr. Dante said it would not b e a solid buffer strip, but one to soften the look of the apart- ment. Mr. Boardman said some planting should be provided on the east side of the pond in order to break up the top view of the apartment from the homes and also to give a well landscapsd garden type appearance of the ponding area to follow the Mediterranean concept. .The Board decided to wait on the landscape pl� as requested by Wall Corpor�tion, but final plans must be brought back to this Board for approval. Also the sign in front of the complex will be included in the landscaping plan. Mr. Lindblad asked about lighting. Mr. Dante said 2 front lights will be by the entrane� a heavy wrought iron type. Mrs. Cariolano asked about'foot lights on the paths. Mr. Dante said-they would like to postpone this plan also.until the , complex is in and the landscaping is. done. Mr. Boardman asked about lights around the picnic area and bar-b-ques. Mr. Dante said they would like to wait on this until the landscaping is dane and also they /� have not decided on the utility they wi11 use to light them. Neither NSP or the gas company is to anxious to�take on new customers with the present energy situation. The Board agreed to handle this the same way as the landscaping plan. Mrs. Cariolano asked if this would be an open public park area. Mr. Dante said no, they did not want it this way. Mr..Lindblad asked if there would be any equipment on the roof. Mr. Reese said none, only air vents. Mr. Boardman asked about the outdoor recreation facilities. He questioned the waterfalls. Mr. Reese said they would like to put a rock type waterfall in the private green area. This would have an aerator to keep the water fresh. Mr. Dante said.they are also thinking of putting a spray type waterfal2. with aerator by the front entrance. � Mr. Boardman asked about the putting green. Mr. Dante said they want to put one in with a Monsanto terf, around the swimming pool area. Mr. Boardman also asked about a tennis court. Mr. Dante said definitely there would not b e one constructed. According to the magazine, "Professional Builder", tennis is dropping in popularity very fast; only in an extensive community development plan does it p ay to put a court in. Mr. Dante said he would rather use the money for other uses, such as making the apartments more plush. . /°'1 � Mrs. Wahlberg from the Board of Appeals, read in the Planning Commission minutes an indoor pool would b e provided. Mr. Dante said the minutes did not say a definite yes to having an indoor pool. Mrs. Wahlberg corrected herself saying the minutes read, to encourage indoor recreation, including a swimming pool. Mr. Dante said ' again studies show ind�oor pools are not used as much as to make them worthwhile. Mr. Dante also went on to say the saunas are another area which show a bad • �� ^ BUILDING STANDARDS-DESING CONTROL SUBCOI�IITTEE MEETING OF FEBRUARY 7, 1974-PG. 8 investment, they are not used and have caused some social problems in apartments. Mr. Dante said at their Friday Apartment Complex(?), even the tenants have come up and asked why an indoor pool Mr. Dante said with an indoor pool you get a chlorine smell and dampness in the building. Also when people go swimming they do so to be outside in the warm sun. MOTION by Tonco, seconded by Cariolano to recommend approval to the City Council construction of the development with the following stipulations and also to follow the decisions made by Board of Appeals: 1. Landscaping plan be brought to this Board before finalizing it on the development. Z. Lighting plan b e brought to this Board before finalizing it on the development. , 3. Drainage plan be used as set up by the Engineering Department. 4. If a future storm sewer system is needed to drain this area adequately, Wall Corporation will pay their fair share. 5. Parking stall sizes and amount needed comply with the Board of /� Appeals decision. 6. Look into the suggestion of using an egg shell color for the exterior walls and not white. 7. Interior garage wall will have 2 fire doors to allow for_passage from one side to Lhe other. 8. Screened garbage areas will provide room for firetruck access. � 9. Parking will be 5 feet off of the gaxage, separation made by a � poured concrete curb, 6" x 18", area between the curb and buildirig will have a low maintenance material. 10. Work out driveway plan on north side with Anoka Gounty, possible retaining wall will be needed. 11. If pZanting is used for a buffer on the south side driveway, they will have to. go before the Board of Appeals for a variance (from 15 feet to 7 feet). UPON A VOICE VOTE, all voting aye, the motion carried unanimously. Chairman Lindblad adjourned the meeting at 9:25 p.m. � Respectfully submitted, ���.�- �° � �� Paula R. Long S ecretary City of Fridley �� THE MINUTES OF THE BOARD OF APPEALS MEETING OF FEBRUARY 7, 1974 ��� The meeting was ealled to order by Chairman Drigans at 9:30 P.M. � MEMBERS PRESENT: Drigans, Crowder, Gabel, Plemel, Wahlberg MEMBERS ABSENT: None OTHERS PRESF�IT: Jerry Boardman, Planning Assistant MOTION by Gabel, seconded by Plemel, to approve the minutes of the January 15, 1974 meeting as wxitten. Upon a voice vote, there being no nays, the motion carried unanimously. 1. A REQUEST FOR A VARIANCE OF SECTION 205.074, 5, FRIDLEY CITY CODE, TO INCREASE THE NUMBER OF EFFICIENCY APA.RTMENTS ON ANY FLOOR ABOVE THE LOWEST LEVEL FROM ONE PER FLO�R T0 24 PER FLOOR� TO �LLOW THr CONSTRUCTION OF A 144 UNIT APAR�IENT (72 EFFTCIEI�?CY AND 72-� BEDROOi�I) TO BE LOCATED ON THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST'QUARTER OF SECTZON 14, T-30, R-24, EXCEPT THE SOUTH 185.0 FEET TIiER?:OF AND EXCEPT PAR.CELS A AND B THE SAME BEING BORD�RED BY 63RD AV�:NUE ON THE SJUTII, MISSISSIPPI STRE�T ON THE NORTH, 7TH STR�ET ON THE EAST, AND 5TH STREET ON '1'HE WEST, THE SAME BEING 6451-5TH STREET N.E., FRTDLEY, MINN. �REQUEST BY THE WALL CORPORATION, 8200 NORMANDALE ROADi MINNEAPOLIS, MINN�SOTA.) M�TION by Wahlberg, seconded by Gabel, to waive reading the public heating notice. Upon a voice vote, there-being no nays, the motion carried. Mr. Rudolph Dante, and Mr. Frank Reese, architect, were present to present the request. /'\ Mr. Reese stated the reason they have used the tri-spacer(efficiency) as this is the type of housing that is needed. He said this type unit has the rUOms flowing together but it has more open space. He said in the apartments that have the efficiency units, there has been no problem at all in renting them. He said the unit contains a sleeping alcove, kitchen, living/dining area, and bathroom. He said the square footage for each unit is not exact as the living/dining area is larger in some units. Mr. Dante stated they have designed this, instead of the stereo type unit with small rooms, with open space, but where the renter could get the feeling of separation in rooms by putting up de�orator beads, etc., for some type of cut off. Mr. Dante stated the 1 bedroom plus den unit could be changed into a 2 bedroom unit by having the mountabl� wall installed between the den and living room. He sard this would change the den into the second bedroom but it would be at the option of the renter. Mr. Crowder questioned the need for studio units. He asked what draws the need and who is:it needed by. He said he could see it needed near a college but why in the middle of Fridley. Mr. Dante explained the market determines what is needed. He said the Darrel Farr development is a perfect example. �ie said the �fficiency and 2 bedroom units are rented already with waiting lists. He e.�cplained two people will go together to rent a 2 bedroom unit but if the efficiency is priced at about half that amount, � a person ►nay say his privacy is worth paying a little extra. Mrs. Wahlberg aslced if the square footage in the unit isn't relative as the Darrel Farr development has approximately 100 square feet more per unit. She Tha Minutes of the Board of Appeals Meeting of February 7, 1974 ___ Page 2 ��- said if she was a prospective xenter, she would compare prices plus square footage. /'1 Mr. Reese said the extra square footage in the Darrel Farr development was not because of marketability. He said they were made larger because of others concerns; one of them being the F.H.A. He said the extra space doesn't ma.ke them that much better. Mr. Dante said he didn-'t think the square footage in a unit was the primary reason someone would rent it. He said he would look at the locality in relation to bus stops, stores, etc.,, before the square footage. Mrs. Gabel asked if most of the renters tend to be transient since it is mostly singles that will be renting these units. Mr. Dante stated he didn't think so as in their other apartment they have some efficiency renters with Z yeax leases. He said they have more problems with people moving out af 1 and 2 bedroom units. Mrs. Gabel asked how they would control two people from moving into an efficiency; as a young married couple that doesn't have much money. Mr. Dante said he didn't think they would even look at an efficiency. Chairman Arigans said he felt a young couple might be more interested in a new efficiency with carpeting and appliances and the low rent price rather than an older 1 bedroom apartment. Jerry Boardman stated Darrel Farr has not been renting their efficiencys to � married couples and the Wali Corporation also has a certain amount of control over their renters. � Mr. Dante stated their building is made up of 72 modules, 1300 square feet to a module, and two units in a module. He said 30 modules would be tri-spacers, 30 modules would be l bedroom plus dens, and 12 modules would be 1 bedroom, making a to�al of 144 units. He said using the Code requirement for square footage for a 1 bedroom unit (525 sq. ft.) and l-2 bedroom unit (625 sq. ft.) you come up with 1150 squaxe feet. He said for 2-1 bedroom units the Code says 105A square feet is required. He said they have 130D square feet for two of their units � which is over what the Code requires. Mx. Crowder asked how they came up with a 1300 square foot module. Mr. Dante answered that each module is 48 feet by 26 fPet. He said they came up with this because of cost structures. He said the Co�e says 1 efficiency per floor when you have 4 to 8 units when effect it would become 25% to 50% of the units. Jerry Boardman said he thought the intent of the Code was to allow 25°!0 of the units to be efficiency. Mr. Dante said if that was the case, 25% of his units would be 36 al.lowable efficiencys. Jerry Boardman said 25% would be more reasonable but Wall Corgoration would still need a variance on their proposed 60 units. ^ Mr. Crowder asked if Mr. Dante was saying that he has never before run across an Ordinance limiting the type of units in an apartment. Mx. Dante said that was correct. a�� R+ The Minutes of the Board of Appeals Meeting of February 7, 1974 Page 3 -� Chairman Drigans said, if he heard right, Mr. Dante was going to build his � apartment according to the market and not according to the Code requirements. Mr. Dante said he was ignorant of such an ordinance and that he had never heard of such a thing before. � ^ Chairman Drigans stated that in the past meetings concerning this property, Mr. Dante stated he had a I80 unit apartment on 4 acres of land, and that this apartment had 1, 2 and 3 bedroom units in it. He added that here there are 8 acres of land and the building still has to have variances. Mr. Dante stated he has never said he wanted-ta build 3 bedroom apartments. Chairman Drigans referred to the joint meeting the Board had with the Planning Commission where Mr. Dante stated that he would like to build the sazne apartment in Fridley that he has out south. Mr. Dante said he would have liked that but he would have changed the 3 bedroom units to 2 bedroom and tri-space units. � Mrs. Wahlberg asked if the square footage was similar between the pxoposed units and the existing building. Mr. Dante said they were quite close. Mr. Crowder said then the existing building is where the 1300 square feet comes frorn. Mr. Dante said yes, somecahat, but a•11 things have to be taken into consideratian. Jerry Boardman said he felt in these modules, the size of the smaller units could be increased by deereasing the size of the two bedroomeunits. Mr. Dante replied that�could be done but. cutting down the two bedroom units would ma.ke it totally unappealing to him. He said you can only change them so much because the rental price would also have to change. He said the price range determines the marketability. He said you start pushing a.n efficiency into a one bedroom and you get a one bedroom price. Mrs. Wahlberg said the public hearing notice states 72 efficiency units and 72- 2 bedroom units. She asked if they are now changing this to 60 efficiency units, 60- 1 bedroom.plus dens, and 24- 1 bedroom units. Mr. Dante said they would like to go with the change. Chairman Drigans said he felt the Wal1 Corporation was trying to change the Code to meet the building instead of building the building to meet the Code. He said according to this plan, there will also have to be variances requested on the garking and also on the laundry area. Mr. Dante said he felt the Code is outdated'and should be done over and brought up to date.with the City. He said the laundry space required is enough to open a Chinese Taundry. He said the times have changed and so should the Codes. He said he feels the parking that is being pro.vided is adequate according to their studies but he will discuss that when the variance is requested. Mrs. Gabel said she felt the laundry space that� is shown would work out to b e one washer for 12 units and she didn`t think that was sufficient. Mrs. Wahlberg asked what their projections were for how long the trend for efficiency units would last. � � /"1 0 CITY OF FRIDLEY PLATS & SUBDIVISIONS- STREETS & UTILITIES SUBCOMP�ZITTEE MEETING CALL TO ORDER: � FEBRUARY 13, 1974 PAGE 1 Chairman Harris called the meeting to order at 7:34 P.M. ROLL CALL: - Members Present: Harris, Christensen, Meissner, French Members Absent: Forster � Others Present: Darrel Clark, �ommunity Development Adm. APPROVE PLATS & SUBDIVI�ION5-STREETS & UTILITIES SUBCOMMI'I'TEE MINUTES: D�CEbZBER 19, 1973 MOTION by French, seconded by Christensen, that the Plats & Subdivisions-Streets & Utilities 5ubco'mmittee approve the minutes of the December 19, 1973 minutes as written. Upon a voice vote, aZl voting aye, the motion carried unanimou-sly. l. CONSTDERATION OF A PRELIMINARY PLAT, P.S. #74-01, RICE CR�EK ESTt1TES, BY GOODCO, INC., AND PINE TREE BUILDERS: A replat of Lot 10, Auditor's Subdivision No. 22, except the North 260 feet thereof; and Lot 9, Auditor's Subdivision No. 22, except the North 260 feet of the West l32 feet, located between Rice Creek Road and 6Tst Avenue N.E. and West of Benjamin Street N.E. Mr. Edwin Dropps, Mr. Roland Goodroad and Mr. & Mrs. Theodore �'heilmann were present. Mr. Clar.k said this plat has been revised to include a park dedication. It is basically the same except we have taksn out the short cul-de-sac street. Mr. Dropps has agreed to the concept, but there hasn't been any agreement on the price because this will be more than 10% of the plat. This park dedication will make' nine less lots on the plat. Mr. & Mrs. Theilmann are fee owners of a parcel 132 feet wide and 627 �eet deep that starts at Rice Creek Road, Mr. Clark stated an.d that tYie Thei.lmann's haven't decided if they want to plat their property at this time. • � Mr. Clark said that this plat follows, in some degree, the road study that was done in this area about�five years ago, and from the staff's standpoint, if Mr. Dropps and the Theilmann's can come to an agreement, this plat does meet all the code requirements for lat size and follows close enough the established street patterns. There will be some problems with the perim�ter lots but Mr. Dropps said they would be going to the Board of Appeals for a front yzrd variance from 35 feet to 25 feet on the lots platted along 61.st Avenue N.E. 7'here is no right of way dedicated for(`�lst Avenue on about half of this /'\ ,n _.. �'t :.T Plats & Subs.-Str. & Util. Subcommittee Meeting-February 13, 1974 Page 2 street on the plat. Mr. Clark said he didn't know if the people South of this plat on 61st would want to dedicate for this street. The length of the cul-de-sac could be chanqed on 6lst Avenue. Mr. Harris asked the radius on this cul-de-sac. Mr. Clark' said it was 50 feet. Mr. French said this was about minimum size for a cul-de-sac. Mr. Clark said the park dedication is about 22 acres, approxi.mately 330 feet x 350 feet. He said the area dedicated for a park can be placed anywhere on the plat, but they would want an area of at least 300 feet x 300 feet so tYiey have room for a ball diamond and other facilities. Mr. Harris askec� the total acr_eage of this plat. Mr. Christensen said it statesl7.5 on the application. Mr. Goodroad said he just guessed at the acreage. Mr. Harris said l00 of this would be 1.75 acres for park dedication. Mr. Clark said this is going to the Parks & Recreation Commission later this month, and if they, or the Planning Commission, squelch the park dedication, the nine lots can be added back into the plat. � Mr. Frenc:h said in the vacinity and greater need. the park study does show a need for a park with this area being platted, there will be a Mr. Clark said there is another parcel to be developed by Mike O' Bannon next to this parcel, but i� is not conducive for park land because it is not level. Mr. Harris asked when Mr. p'Bannon would be giving land or money for park dedication. Mr. Clark said it would be in the third phase of his development. Mr. Dropps said that they felt this was a workable plat. We have not come to.any agreement with the Theilmann's. In'fact, we are at a stalemate. This is a big problem as far as the plat is concerned. Mr. Harris said the TYaeilma�� parcel wi11 take a big chunk. out of this plat. Mr. Dropps said they do have some alternate plans. Mr. Theilmann said he wouldn't get as many lots going along with this plat as he would if he platted alone. This plat makes �wo lots much deeper than�is necessary. I do not feel that I want to plat at this time. � Mr. Dropps said Mr. Theilmann's parcel is only 132 feet which would plat into two 6G foot lots. We could sell�hirn I7 feet to make these standard size lots, or do some trading of property. , ^ Mr. French said that if these lots were platted as 66 foot lots, he would not be in favor of app1ovzng lots that were below the minimum front footage. � 0 � /'� r�� � Plats & Subs.-Str. & Util. Subcommittee Meeting-February 13, 1974 Page 3 Mr. Theilmann said if he could purchase up to 18 feet from the petitioners, at the right price, his lots would meet the minimum requirements. He said the way he would want to plat his property, if and when he did, would be into �ight lots. He said the way his property is platted on this proposed plat, he would have to put in one street and a half street to develop the balance of his property that is not included in this p1at, otherwise, he would end up with two lots 75 feet x 230 feet deep. Mr. Harris asked the petitioner what alternate plans he had without the Theilmann parcel. Mr. Dropps gave a tenative explation of how this could be alternately plattEd. - Mr. Meissner said he did not like streets jogging at intersections, he much preferred straight intersections because it caused less of a traffic problem. Mr. French said that he thought in this particular area there wouldn't be too much traffic on these streets. . Mr. Dropps said it does create a problem if we have to plat around the Theilmann parcel. Mr. Meissner said there was no way approval could be given to this plat when the two praperty owners can't agree: Mr. Christensen asked how they could submit a preliminary plat when they didn't own all the land being platted. Mr. Goodroad said they have been negotiating with the Theilmann's and so they had their engineer include this parcel in the plat. They have b�en negotiating to either buy land from the Theilmann's or plat it all together, regardless of ownership. Mr. Harris said that as there has been no agreement between the property owners, we have no alternative but to ask the petitioner to propose a new plat, excluding the Theilmann parcel. Mr. Harris asked Mr.Clark that if the Theilmann's were agreeable to platting, if they could accept a plat with two fee owners. Mr. Clark said they could, but there would have to be some exchanging of property so that each fee owner would own complete lots. You couldn't have two fee owners of one lot. Mr. Dropps said that if they developed their plat under the supposition that Theilmann's would be platting later, the question is if they will ever plat. • Mrs. Theilman said they have no plans at this time. They were thinking about the future and their interest was in doing what. was ^ best for themselves, not what was best for someone alse. Mr. Dropps said to make this plat work, they would have �c> have street dedication from the Theilmann's. ��,�r� Plats & Subs Str & Util. Subcommittee-Meeting - February 13, 1974 Page 4 � Mr. Meissner said that the P7_ats & Subdivisions-Streets & Utilities Subcommittee meeting was not the place to negotiate on this property. Until an agreement was reached between the two property owners, whether they both'platted or not, no action can be taken on this plat. Mr. Clark said the City staff could help the petitioner draw up an alternate plan, and as far as the park dedication, it is flexible where it can be placed on the plat. Mr. Dropps asked if they could bring in two preiiminary plats,� one with the Theilmann parcel and one without and get approval for either/or. Mr. Clark said that would be possible. Mr. Meissner said he would like to consider just one plat. Mr. Harris asked how long it wou.lc� be befor�_the petitioner`s could have another plat drawn up, or come to some kind of an agreement on what they would be platting? Mr. Dropps said they will have to make a decision in the next couple of days and could have a plat ready by the first of next week. Mr. Harris asked when they would like to start building in this area. �Mr. Goodroad said they would like to start tomorrow. There is a sewer and water project gaing in North of Rice Creek Road, and /1 if we can get this plat approved, the sewer and water for this devel- opment can be added on to this project. Mr. French said this plat meets all the requirements as far as lot size and other criteria, so he didn't think it would take too long to review this plat when a decision was reached on what they could plat. MOTION bg Meissner, seconded by French, that the Plats & Sub- divisions-Streets & UtiZities Subcommittee continue the consideration of a preliminary plat, P.S. #74-01, Rice Creek Estates, bz� Goodco, Inc., and Pine Tree Builders, to replat Lot 10, Auditor's Subdivision No. 22, except the North 260 feet thereof, and Lat 9, Auditor's Subdivision No. 22, except the North 260 feet of the West I32 feet, located between Rice Creek Road and 62st_ Avenue N.E. and West of Benjamin Street N.E., unti.Z February 20, 1974, subject to the read.iness of the petitioner to consider a revised plat at that time. Upon a voice vote, a1I voting aye, the motion carried unanimousZy. Mr. Mike O'Bannon appeared at the meeting after the petitioner's had left, to check on the alignment of the streets in the proposed plat to see how they caould line up with Phase 111 of his development. 2. DESIGNATE l.11 MILES OF STATE AID ROADS �^ Mr. Clark said there was a memorandum in the ag�nda explaining how the l.11 miles were determined and a priority list by the Engineer- ing Department, where they feel th� need is there, and could get agreement from the State. There is no combination of streets that will come up to l.11 miles. ��:.: Plats & Subs.-Str & Ui�il. Subcommittee Nleeting-February 13, 1974 Page 5 � Mr. Christ�nsen asked if these priorities listed were all existing streets. Mr. Clark said they were except Main Street from 83rd to 85th was not open. Mr. Harris asked if we can get State aid on a street that is not open. Mr. Clark said yes, in fact you get more State aid because funds are available from the beginning. Mr. Harris asked if it was easier to get State aid on residential or commercial streets? Mr. Clark said it didn't matter. . Mr. Clark said the City puts in the road but the Siate subsidizes it. Mr. Christensen asked if the State maintained it? Mr. Clark said the city rnaintains it, but the State pays.us to do it. � Mr. Christensen asked if the State subsidized streets because the state requirements made the street more expensive to install. Mr. Clark answered yes and said the City was allowed to designate 20% of its streets as 5tate aid, and we are one of the few communities that have been able to stay close to this figure. Mr. Meissner said Yie would like to wait on the desa.gnation of Main Street from 83rd to 85th for anotlier year to see how this area develops, so he would like the priority to be changed on this. Mr. ^ Clark said they have had many calls on this area, and they could set the priorities the way they wanted, anc� if something broke in this area bef_ore Council approves the priority list, it could always be . changed. � Mr. Harris said he agreed with Mr. Meissner in that the first priority should be made the third priority. Mr. Christensen concurred. MOTION by Christensen, seconded by French, that the PZats & Subdivisions-Streets & Uti.Zities Subcommittee recommend to the PZanning Commission that the priority for designation of 1.13 miles of State Aid Streets be (I) Main Street - Osborne Road to 79th Av�nue (p.36 miles), (2) Commerce Lane - 73rd Avenue N.E. to Osborne Road (0.44 mi.Zes), (3J Main Street - 83rd Avenue N.E. to 85th Avenue N.E. (0.39 mi.Zes), (4) Benjamin Street - Rice Creek Road to Gardena Avenue (0.51 miies), (5) Jackson Street - 73rd Avenue N.E. to Osborne Road (0.5Q miles. Upon a voice vote, aZ1 voting aye, the motion carried unan= _ imously. Chairman Harris adjourned the meeting at 9:00 P.M. Respectfully submitted, � ) ��- f �c�� ., =,� °. ��nf1 �2/ Dorathy Ev�nsbn, Secretary �l � k ' �� . • �� OFFICIAL NOTICE CITY OF FRIDLEY , PUBLIC HEARING BEFORE THE PLANNING COMMIS5ION TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, February 6, 1974 in the Council Chamber at 8:00 P.M. for the purpose of: Consideration of a rezoning request, ZOA #74-01, � by Henning Nelson Construction Company, to rezone � Lots 13, 14, 15, 16, Block 2, Riverwood Manor, from R-1 (single family dwelling areas) to R-3 (general multiple family dwelling areas), all lying in the South Half of Section 10, �'-30, ^ R-24, City of Fridley, County of Anoka, Minnesota. �'1 Generally located South of 71st Way N.E. and West of East River Road N.E. Anyone who desires to be heard with "reference to the above matter may be heard at this time. Publish: January 23, 1974 January 30, 19?4 EDWARD J. FITZPATRICK CHAIRMAN PLANNING COMMISSION � , , r � ^ ��' ' . . . ►' ' ' ' �1 ► � , n �� CITY OF FRIDL�Y MINNESO'T/1 PL/WNING AND ZOI1IIvTG FOR1�1 Number �d � � % �-0 � -7T— APPLIC/1�'�T'I'' S SIGNATURE _�'.�r�� �.�s.t�-�-�J Address 37 3S No�T�+ 1� tt�4� � S.� �. Telephaile Nur,�ber S22 — GGj� PROPERTY O�SrNEIt'� SIGNATURE .��NNlN� ��Ls.�t�l C�lt�T. C0. � • • ,�_ � 1 �� t� r� � � a • Telephone Number $Q �, — G (� )/ �- ff.+. � . -7 � � TYPE OF REQU�ST � Rezoning Special Use Permit Approv�l of �' Prelimi�iar}� Pla Approval o.f: Final Plat Stree�s ar Al1ey Vacations Other Street Location of Property rf J� GtJI�. � ��.ST �� �'�,, Legal Description of Property . . , r � �' r ; i[� � ' : I .. ► _• ' Present Zoning Classification �_� Existing Use of Property VACI�I�i�' Proposed Zoning Classification, �sa, or ��#�e��t /�-/ %�? �-i� Describe briefly the Type of Use and Improvement P.roposed Z �t �IN �'T' Acrea.�e of Properiy f , �,/ ' � Has the Present Applicant Previously Saught to Rezone, Plat, OUtain a Lot Split, O�tairi a Variance or Special Use Permit on the Subject Site or Part of It?�_ Wiien? 15'liat was reques�ed Fee Enclosed�%GD L Rec. No. ��" /"1 Date Filed /rf �'N, /gJ� Date of Hearing G�C',Q /9�nt�j ►� : � :. F'&.'�:NIi�� �Nt� ZONINC FO�.M �� PAC�,' � ' /� Hv;�bar .�._� D / , . '�rrq ��cte�'t�ic,�ed underatan�is that; (�) A li.st of all res�.denta �nri s�:��n�rs Qf ���s�- � perty witl�fn 3G0 feet ausC i�� �itachec.� ��! thia r�, �1 icat i�n. (b) Thi3 �,���Iic�tion must be ���r,;.�D b�► ::I� • o�mezs o� thz property, cs� �n e.•n��nRt���:► �9.��a�n h�t+.y th�s i� nat t�e ��a�c. (c) Responsi�aility for �n�+ c�ezcct ic� thn ��n�s:-• c�edin�s rasui.tin� �rt�� the £��x�re cc� �,#;rr the n�mer� �}'nd a�dre�ses o� ,r►1� }esf:a�n�.r� - und paoperty azsr�erG af propertv Fa�b:it�,s� ::�z� te�t of the prop�rCy ita Q�1�9�"SOt]i �E37�Cg4'�''j:� Ca CHc� undcrsi�ned. I?�4�d��t� snc� (�a�ers oi �'�c�ser�y c�L�hfn �00 £cet:� . �'�:RSOty S d�.i2�IiE 5 S .. _ . . � ._ < _,,,► : - r ��- �it.�':'7. • �;_,,,•�t�..w.+�`t���*��wrJ�,a'i�I_' �.. , y„ _ -�.:_._.,. ___:..�1 • s..�..�: . � , .. �'.. r .. 4L�►� 'u,te ��e�ira. a:iJYb! a��ri�rP'�w ^"" �. .i � R �� w....�.- . . . . . . . � r . ' .. . . , � . ' � . . . � g�t���ch o� gropo�ed propert}� and atruc[ure c�unt be dre4>n on the bnck a� ���.� ���� �� t��tach�d, sho:�:n� efie �allo�ain�; 1. �oFCh flfirection 2. L,cacaafic�a o� F'��nosed atrtt�°tur� �� R�;. 3. f,�.��nsions af pra���rry� �sc�c�c:�t . �tru;,turs�� n�d �ronC �nd c�.d� �ct�e,�¢�,�. . 4. Str�et iia��s � 5. i,ac�t�on Fnd une of ed�acent ��tie:��.n� � � tauildin�s (witihf:� �0� �e�:t}. �� t�edex��.�ned kereb�r d�sclaga� th�t aIl the fact� �nd . epr�se�tc���nr� �t�te� �.�, . �y�.� ep�licc�z io� a:e ercee �n�3 caxrect . . . � . . ��� !� �,N r �,7 � � ��►e��� C . � � ����_ �.- :�� � , G,,,,,� � ,t.�.. �� . .... ��*������ �'1�rovad � ��e►ied �y tho .:,agsd �� Gp�rehb� �iu`����t .to t�ac �allosaina G�ndi�fon�: ' d��� ^ �,�p�ov�•d ?�-ani�d Dy thr Ylannin� Coc�iBaion on �ub,�erpt Ca Che i�.ollcn,�ing Ca:�ditiona: �c��tC� �',�, rovecf i�e��ied by tt:c Councit ou .... ,,..,� q;����cC iv the Fq1�Uwin� Cort:�it.�.on�: . dc�t� �P�a FC �QO � /'� MAILING LIST �� Planning Commission January 22, 1974 Council. ZOA #74-01 Henning Nelson Construction Co. Henning Nelson Construction Co. 3737 North Highway #52 Minneapolis, Minnesota 55422 Independent School District #14 6000 West Moore Lake Drive Fridley, Minnesota 55432 Girl Scouts of Fridley Mrs. Judy Clark 127 Ns�rth 7th Street M�:nneapolis, Mn 55403 Mr. & Mrs. David Freeland 7105 Riverview Terrace N.E. Fridley, Minnesota 55432 Mr. & Mrs. Leonard Litener 180 71st Way N.E. Fridley 55432 /�Mr. David Adas & Mary E. Ruedy 168 71st Way N.E. Fridley 55432 Mr. & Mrs. Timothy O'Neill 158 71st Way N.E. Fridley 55432 Mr. & Mrs. Leo Bender 146 71st Way N.E. Fridley, Mn 55432 Mr. & Mrs. James Holman 7105 East River Road N.E. Fridley, Mn 55432 Mr. & Mrs. Harold Paul 7065 East River Road N.E. Fridley, Mn 55432 Mr. & Mrs. John Barnett 7055 East River Road n.E. Fridley, 55432 !1Mr. � & Mrs. Terr�ce Esterson 55 70th Way N.E. Fridley 55432 Mr. & Mrs. Steven Paaverud 7045 East River Road N.E. Fridley 55432 Mr. & Mrs. Raymond Sparre 7029 East River Road N.E. Fridley 55432 Marie A. Zonz 61 70th Way N.E. Fridley 55432 Mr. & Mrs. Anthony DeForge 51 70th Way N.E. Fridley, Mn 55432 Premier Realty, Inc. 430 Oak Grove Minneapolis, Mn 55403 Mr. & Mrs. Harland Serry 7099 Hickory Drive N.E. Fridley, Mn 55432 Marie L. Carrol, June D. Nichols, Abraham Nichols 7091 Hickory Drive N.E. Fridley 55432 Mr. & Mrs. W�.11iam Buelow 7092 Hickory Drive N.E. Fridley, Mn 55432 t.y • . r.�' i`t .. ... .. � �",..c� . , �• w� w , , . a�. �. b,o f �. . � - _ '(aesr) ^ " ,� t t � � � �`. ��.,' : � ��,�' � � . - � .1� z-z-� � ZOA #74—01 HENNING NELSON CONST. CO. Rezone from R-1 to -3 Lots 13, 14, 15, 16, Block 2, Riverwood Manor [� to allow construction of a 24 unit � apartment building. h ��. :��• h !`i ,� �Z� ;� b � J� ; �t `' 81 h ti C, ,i.�°s iaj M �rEy ,;, �. ,,�? 7� � r, �,; ; _�?�� p �' � -h--� .ts-7� �i ► �a �f 'J ...,ei'4 a '��' �i e '''��� �°' �:��'* 4 39. S SB. 6 �8. 7 l,gn o ��7R6 M �l F j� . �QA• qf — �> �� �r�� ; n .��5. 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T`.�.. ��TN'SYE�NE. „ f , . �" '� . `� c�iJ�i'� ¢ CH f� , $lia �,F" h� PWJFA �� ..1 lJ � . �� � � . nl�'l: W..E E 4 , p ,� � L . r �°,�-+�' � F� • . � �� �Ma ,x,,rt pf .tPM I�:� fl, s ' I y� � T � e � � e +�E II� . : �� : ' � � � r a:u > — ' � 10 ' t ' 7 % .� �" :.ie� '. ZOA #74-01 HENNING NELSON ;vEa ♦� �Op AX�i CfIEEK •1�-O �V �y'(� ( If CONSTRUCTION COMPANY � '�� '� � � y. 7� 7' y. y P� 40D� �y Sl!E:' N . �!� f ':. � > . � Rezone from ��� l�� 5��� L� l�5 p r' e� Y�� 7; D p�F N E � T• E 4D 30F � � �340 �_ A • � , � Y ' < • 13, 14, 15, 16, Block 2, Riverwoo - Q - -� �� � � � E;� , � Manor to allow construction of a oa � �' pQ ._� ° F � . z 24 unit apartment bui lding . �= oL�~ N" `"' `° r_ I� ��, < �,� J'�� __� �, ^ i �, : . . . . . �V1` JJ �� -� ^ u � T----- % /f� : : �` _� � . y -� ` R(4EAx�0OQ� �,•'� � _ � � y 2 � `.i . � _a • � €itdtHr�ar. /� � ' V j � j 2• r rj ' '�^ I ��// '. s ccMOOk _ �v�� t 5 - _ - ; r�o�•sr. rai� o . �;�` j �, � - �e� ---a-- N.� ,�.. 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'. \. ; ,, }v.YN� a�,,,,.,i��'. � r 5 Jp_�t', i � ` ��' � ' . . �'y� �` o. / .�.� L I� % _ .<� ��cN�,'a.: � �. � � ' -- + E� 't. �--� ,�. � -� P� ,' � � ,� �.�� � ��E -7�fi.�� � t-s;� .. �. /� - j�, -- �.� C.� \\� ��� - � � . Tir : " � �s��e �ro .� , ��''^�''� �''�'� ( � � V l .. i ROBT LOU- �$ � ���J/ �. �/��////i! t • I 1 i e�� I�.. tl � 11.1 1� . �. � OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE PLANNING COMMISSZQN TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, February 20, 1974 in the Council Chamber at 8:00 P.M, for the purpose of: Consideration of a Proposed Preliminary Plat, P.S. #74-01, Rice Creek Estates, by Goodcp,_Inc., and Pine Tree Builders, being a replat of Lot�1:D, � Auditor's Subdivision #22, except the North 260. feet thereof; and Lot 9, Auditor's Subdivision � #22, except the North 260 feet of the West 132 feet, lying in the South Half of Section 13, T-30, R-24, City of Fridley, County of Anoka, Minnesota. ' Generally located between Rice Creek Road and 61st . Avenue N.E. and West of Benjamin Street N.E. Anyone desiring to be heard with reference to the above matter will be heard at this meeting. Publish: February 6, 1974 February 13, 1974 � EDWARD J. FITZPATRICK CHAIRMAN PLANNING COMMISSION � 0 � • � ., - � CITY Or PRIDLEY MINNESO'Tn 0 TYP� OF' I2�QU�ST' �� I . PLMNING ANll ZONING FO1Z�9 - Rezoning Numbcr �S, ?�� %� p - � Special Use �L ���' "U.�"� Permit APPLICANT'S SIGNATURE �-c�_*-� I� A� � �_�PProval of � v��h S '� �A J'�e g�ts ��, �, Preli�ni�lar�� 1'1<� $� �i ►� C P,.f�I P� Approval of Address �� � ,�..5��3� Final 1 lat Streets or. Tel.ephone Nwnber �� L� .- �p C`� �` Alley Vacations • P��z -r�e� �i��s �,�., � Other � . . . . �(�j Q,, G� —�-h1 C � -i� ` �--- - �— �- �a+ S � . � . . PROP�}2'T1' Otiv'�TI:R'S SIGN/l'f.1R'� /1/ �7X � /� �^ , .�'1 �f ��D"b�^-c2��1( ' 7-T- � �cs�c� al�yJCQ , • � U� Address � �z % ��� �- �r���L /?� ''/ ' % - � - ,�s-,� � .S�/� . Telephone IvTumber� 3 �P -- (� 'f-?� Street Location of Propert-y �'_ «�, c�.� ¢. r .� �e, p,� ' p���,� Legat Description of Propeity '.;...o� l�_�4-U,0 .S u.b 0 vu�*ZZ �,c � p•-� -t �,e 1�-� r th �.- � O` Th e t� o�F -0 1--b '-� C% �-u. A. �`� 6 r� w'�"�-z � ,i-1 E��e,� -�- -}- t�► � 1.� o v�!. 2� v� b.0 � l.� w a�z � i 3 z� i� �l i�' g a,�v�.� �,�, � C7 - � Q, z� . Present Zonin� Classi:fication . Existing Use o£ Propexty U�� c�-1 u�i l z�J �� � Pxoposed Zoning Classificaiion, Special Use, or other reauest . SI ►.! �le �2Hh ��S ' , , . Describe briefly the Type of_ Use and Improvement Proposed �-� 4�'e�� s� Set,,�y Wza.<r , Cu� bs Acreage of Pro�iert�� �-�� „oX � I �1 � � Has tlle Present Applica.nt Previously Sought to Rezone, Plat, Obtain a Lot Split, Obtain a Vari�itce or S�ecial Use Permit on the SubjecL- Site or Part of It? ��i � When? tiYl�at iaas rec�ucstcd Fce ts�iclosecl$ 0 Rec . No . `? �a c�� 8iiy °— ^ Dat� riled• . Date of idearin� .� � i'I�AKNXttG pNt1 Zot��xl1C FO;.M . t��b�x ��_� 7�- o� ' PAC"� � '�� ( �h� dcrGt�ed underatands that; � �'' (a) A list of nll residenta �s��l �neru Q� �Yo- � perty within 3G0 fect musC $8 pttoctiec�� �;�t _ this epplication. . �� (b) This t�pplication raust be ���nMcl by �11 ' o��ners oF th� property� ox �n c:�p��n�e�.as► ' Eive�n why tt�i� ia _not the c���. : : (c) Responsibility for dn;� �eicct ttt the �Lo� ceedin�� rc�ut.tin�; �rora the faii�re tv �,fir; the n��nea nnd u3dce;��es of �11� xe�ic9�n�:r., . , and paopert� o�ar,eYt� of property �;��1�-,c� ,;�'�;� � . fe�t of the.pro�crty �n queat�an� p��p;,�� � to the undcrsi�ned. �:�O��Q�t� end ��aers of �roperty within 300 fcet:� . �RSO„S AUDRES5 � ' . � �.zz`-�c� . � �_ � ,.� �� �v�+r..+-....�.,c — . • � . �#�l,gtch a� propased property and structure muat be drac�n on the bnck of th$� �t3Y�i Qr a�tach�d, shoc.�ing the foliowing; 1. �`or[h Direcrion 2. Locstion of �'rono�ed Struceurc� ocz la�. . 3. Aic�ensions of prm�arty� �ro�overi . ' �trusturP, and troctt and cfdc €etta���K�� - 4. Street Na�es S. Locstion Lnd use of edjacent exf�tln� � � t�ufldings (within �00 feet) , '�i�� t�ader.ai�ned herLby dvclaxea that oll the factn and reprecentgtianei otated �p t�1Ap applicnt�on a.-e true �n� correct. �'1�.'-- �v � 7S� Sa��AiU2E_������r-����-� t�-�'-�) (AF1'lICkt�T) J . . ' . . . e, A�►*�s�a�arn* 0 �!F�roved D�aied �y the ;oaad n� appeh6e GuR��QCt .�o Chc �olla;�in� Conditfon�s; . � d�t�3 ^��pYOti•�d nenied by the i'lannin� Cc�aiBeion ono2 �,ZO �� �}ub,�Q�t ro the F,o l louiag ConcS i t ions ; �Q�� �,��roved D�nied by the Council on • �UbfsGt La thc Fp1lac�ing Con�itions; � �•� " dAta �'aro i'C �00 � •. . , c � �. "� � � MAILING LIST P.S.#74-01, Rice Creek Estates Planning Commissior. 2 5�74 � Council Edwin A. Dropps Mr. & Mrs. Larry Morford 8415 Center Drive. 6235 Kerry Lane N.E. Minneapolis, Minnesota 55432 Fridley 55432 Roland Goodroad 1821 Rice Creek Road New Brighton, Mn 55112 Robert T. Weibert . 255 Mercury Drive N.E. Fridley, Minnesota 55432 Mr. & Mrs. John Beaulieu 6244 Kerry Lane N.E. Fridley, Minnesota 55432 Mr. & Mrs. Marvin Johnson 6240 Kerry Lane N.E. Fridley 55432 . Mr. & Mrs. Russell Alberg 6236 Kerry Lane N.E. Fridley 55432 Mr. & Mrs. James Skog 1430 Rice Creek Road N.E. Fridley, Mn 55432 Arvin & Richard Carlson 2913 Crest View Drive Minneapolis, Mn 55418 Chies Bros. 4020 N.E. Tyler �Street Minneapolis, Minnesota 55421 Mr. David Harris 470 Rice Creek �.l�d. N.E. Fridley, Minnesota 55432 Mr. & Mrs. Lavern Friend 1520 Rice Creek Road N.E. Fridley, Minnesota 55432 M& M Properties Mr. & Mrs. Richard Kinsman 5298 Fillmore Street N.E. 1348 Hillcrest Drive N.E. Minneapolis, Mn 55421 Fridley 55432 Helen L. Woodall 6283 Kerry Lane N.E. Fridley 55432 Mr. & Mrs. Clifford Lund 1346 Hillcrest Drive N.E. Fridley, Minnesota 55432 Mr. & Mrs. Richard Anderson Mr. & Mrs. Thomas Eggen 6275 Kerry Lane N.E. 1344 Hillcrest Drive N.E. Fridley 55432 Fridley, Minnesota 55432 Mr. & Mrs. John Carroll Mr. & Mrs. Nea1 Jenewein 1450 Rice Creek Road N.E. 1342 Hillcrest Drive N.E. Fridley, Mn 55432 Fridley 55432 Mr. & Mrs. Umakant Mahajan Mr. & Mrs. Eugene Henkel 6259 Kerry Lane N.E. 1340 Hillcrest Drive N.E. Fridley, Mn 55432 Fridley 55432 Mr. & Mrs. Edward Clark 6251 Kerry Lane N.F.. Fridley 55432 Mr. & Mrs. Robert Ledin 6243 Kerry Lane N.E. Fridley 55432 Mr. & Mrs. Roger Arel 1521 Ferndale Avenue N.E. Fridley 5�5432 Mr. & Mrs. Charles Rice 1541 Ferdale Avenue N.E. Fridley, 55432 Mailing List Page 2 � P.S. #74-0.1, Rice Creek Estates Mr. & Mrs. John Peebles Route 1 - C1ear Lake, Mn 55319 Elaine H. Brown 1511 Ferndale Avenue N.E. Fridley 55432 Mr. & Mrs. Larry Lembke 1505 Ferndale Avenue N.E. Fridley 55432 �. Mr. & Mrs. Eugene Zander 6041 Benjamin Street N.E. Fridley 55t�32 Mr. & Mrs. Kenneth Korin 6051 Benjamin Street N.E. Fridley, 55432 - Mr. & Mrs. Phillip Jacobson 1618 Woodside Court N.E. Fridley, Mn 55432 Mr. & Mrs. Wallace Sax 1612 Woodside Court N.E. Fridley 55432 Mr. & Mrs. Lonnie Bowen 1602 Woodside Court N.E. Fridley, Mn 55432 Mr. & Mrs. David Land 6140 Briardale Court N.E. Fridley, Mn 55432 Mr. & Mrs. John Kapatas 6160 Briardale Caurt N.E. Fridley 55432 Andrew P. Gawel Contractors, Inc. 2407 Washington Street N.E. � Minneapolis, Minnesota 55418 �, & Mrs. Howard LaBelle 6190 Briardale Court N.E. Mr.'& Mrs. Maurice Ewy Fridley 5�432 1561 Ferndale Avenue N.E. Fridl.ey 55432 Mr. & Mrs. Jai Man Suh 6161 Benjamin Street N.E. Mr. & Mrs. Terry Clasen Fridley 55432 1573 Ferndale Avenue N.E. ,_ Fridley 55432 /1 Mr. & Mrs. Duane Pearson 1567 Ferndale Avenue N.E. Fridley 55432x Richard Miller 1600 Rice Creek Road N.E. Fridley, 55432 Mr. & Mrs. James Morrison 1615 Wocidside Court N.E. 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I _ N 80 I l6 l8 �T �� 7 � O � � � N� � 3 O � � � � � — . N 1 2 . I 4"� � S') I f � �� �� � � .� i� � 1S 14 �I 13 �I ��2 d _I �I � �i =f � NI � 'IS� lfl 'lf3 �� 7$� � lR �. __ GI ST 7g �1a� 62 � 6 OI � � Q N� ..� �� � � - I � r � tt �� �o s � "� 9 =� zs _ �8 .�.. �a .� Sg � � Y G� _ . "i � .. ' M) r--- ---- �., _____-�•--., .___- T--__ --� /'1 ' MEMO T0: Darrel Clark, Community Development Administrator � � N�MO FROr4: Richard N. Sobiech, Assistant Engineer DATE: Februray 7, 1974 SUBJECT: Designation of 1.11 Miles of City Streets to Municipal State Aid Street System. The City of Fridley Municipal State Aid Street (MSAS) System is currently 0.62 miles less than the amount of mileage allowed under the MSAS program. Also, Anoka County Board of Commissioners has approved the acquisi�ion of Mississippi Street - Central Avenue N,E. to Stinson Boulevard (Mississippi Street is currently designated MSAS) to their county highway system. This acquisition by Anoka County will entail a request by Fridley of the Minnesota Highway Department to revoke Mississippi Street from the Fridley MSAS System. The request for rev- ocation will be processed in March, 1974 and will result in an additional 0.49 miles for a total of 1.11 miles of City streets which can be designated MSAS. In preliminary discussions with the Minnesota Highway Department District 5 State Aide Engineer, it was decided that the following streets are MSAS designation possibilities: STREET MILES Main Street - 83rd Avenue N.E. to 85th Avenue N.E. 0.39 Main Street - Osborne Road to. 79th Avenue N.E. 0.36 Commerce Lane - 73rd Avenue N.E. to Osborne Road Q.44 Benjamin Street - Rice Creek Road to Gardena Avenue 0.51 Jackson Street - 73rd Avenue N.E, to Osborne Road 0.50 The streets are listed in preferential order from top to bottom. This order was selected based on streets which are most likely to be approved for MSAS designation by the S�ate Aid Office. Since the Fridley street system is quite stable and certain policies of the State Aid Office:xestrict other City streets from designation the Engineering Department concurs with the above listing. Though some of the streets on the list have recently been improved (Commerce Lane, Benjamin Street and Main Street from 77th to 79th), they are not built to MSAS standards and therefore a partial a- mount of money needs would be obtained rather than a total amount of money needs. With the Fridley street system not being able to expand, it is becoming increasingly difficult to predict streets which will be approved for MSAS designation, therefore, improved streets not to State Aid standards will need to be considered for designation in order to receive any MSAS funds. RNS/pl / �/ i ///!./L.:.., ; . ., e � � ,..� MEMO TO: 14��i��i7ai:Z��ui� Virgil Herrick, City Attorney Darrel Clark, Community Development Administrator MEMO DATE: February 8, 1974 RE: (1) Sign Ordinance (2) ZOA #74-02 (1} Section 214.112 of our City Code states: Non-conforming advertising signs existing on the effective date of this ordinance shall become non-conforming uses and shall be discontinued on or before the dates listed below, unless the required Special Use Permit is obtained. � (1) Free standing and wall signs: September 15, 1974. We are interpreting this to mean that each and every billboard constructed propr to September 1969 must now either be removed or get approval for the existance through the special use permit process. Since only four of our twenty seven billboards have special use � permits, obviously we are going to have a magnitude of requests with many that do not meet the standards set forth in the sign ordinance.� The Planning Commission and the Board of Appeals as well as the staff, would like to meet with yau before thE:y are required to react to any requests forthcoming, to ask you questions that they have, related to this subject. (2) Can the Planning Commission make a recom�ndation to grant a special use permit on a parcel of ground that notices were sent out for a hearing on rezoning rather than special use.- Example: Lots l& 2 are zoned R-l. Lots 3,4, and 5 are zoned M-1, under the same ownership. The Planning Commission held a hearing on rezoning Lots 1 and �2 from R-1 to M-1. Can the Planning Commission �ecommend denial of rezoning and recommend approval of a special use permit for a parking lot on the R-1 lots without holding a separate hearing. (City Code 205.051, 3, E.) The Planning Commission is meeting on February 20 to react � � to an item which is relative to Item 2 of this memo. Your written . answer would be appreciated prior to that date. Item 1 will probably be discussed sometime in March and I will notify you later on the specif' �� DC d ��d --- (��� �� �� / e � k�eJ �___..---. " ' DARREL CLARK . � i .:OTICE C?F PUBLIC HEAKING li�:r ORE T'tIE PLANIIIIIG COI•'L.'yIIS5ION .:n i''\ a �� PiEASE TAKE NUTICE that the Planning Comr�lission of the City of Coon Rapicis, i4innesota ��i11 hold a public hearing on the following _ petition: Case 74--18 . Burlin�tan-Northern, Inc. is requesting a Planned Unit ��, Development in order to construct a shopping center develop- ment at the intersection of 85th Avenue N.W. and State - Highway �47. _ The property is legally described as: _ Part of that paxt of the South- ; east 4uarter (SE�) of the Southeast Quarter (SE%� and part of that part of the Northeast Quaxter (NE4) of the Southeast � uarter (SE�) lying southwesterly of the ti��esterly right-of-way . line of State Hight,ray I�ro. 47 a11 in Section 36, Totanship 31 North, Ran�e 24 tYest, Four�h Principal Aleridian, City of Coon Rapids, '- Anoka County, Minnesota, containing 33 acres plus or minus. x Said hearing ��ill take place on Thursday, Febr.uary 21, 1974 at the Coon �apids City Hall beginning at 7:30 o`clock P.�'i. AI7 interested persons are invited to attend and to be hearcl. *,� Donald Olson, Ghairman - Coon Ranids Planning Gomnti ss ion . - � 0 OFFICIAL PUBLICATION NOTICE OF PUaLIC HFARING Nofice is hereby giver� thai- f�he Planning Commission of the City of Spring Lake Park, Minnesota w+ll meet at the City Hall, 8429 Center Dr+ve N.E. on the tweni�y-eighth c�ay of f=ebruaiy, 1974, af 8:Q0 P.M, to consider the following: Request for a special use pei-mit to allow the construction of a 150 k�ed board and care faciliiy far the retired and a 78 unit apartment for the elderly on the pro��rty knawn as fhe E 639 ft of SE'n of SW-'� of Sec 2-30-24-(Ex N 330 ft) (Ex a tract d�sc as fals-com at the SE � co�- of sd SC� of SW'�-th R! along the E line of sd SEa of SW� a dist of 687.0 ffi to the actual point of beg of this ex 1-raci� fio be desc-th W at right angles a disfi of 323.4 ft; tl� N at right angles a dist of 150.0 ff; /'� th E at righfi angles a dist of 323.4'to the E line of said SC4 of SW'n; th S along sd E line a clist of 150.0 fS� t�o tl,e poi��t of beg;) (subj to , ease for sewer, water and roadway purposes and fio restrictions, reservaf ions and easements of recc�rd, i f any •) General location is at Terrace and Osborne Road. 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S' ! � � �"`.�' ' '-�i �.; } .� � p '` U. 7 � . - �t'`_ a � ., ' �/ s...__ . `�'. � ,r � ,. � . _ '� _ . , , .. � ` � � �. �1 � ` •�- __ �R..) i 4 � . _ " \-� .�'_"".'�..._-!_"'_'"".. ;ose' Oo^b`.7 r . _``" '� . � .'`` � . ..." - �. �. �� .� � . _... � ' . � . � „ � r � `t ,��� c "�� o �1 .r;tr % � t� rsr�ra-�^w i +Q � '-a� � t ' I�s.�nJ� r�'+S'lTXiTrI�ilv°" . 6�,,,� �.y:..'��`�! r'i'"" N"y '!�#�,�?!�r ay��, t"!s`�i"�'k'� ^sF`�':��1� ���n�*�'�•�IC7Fe�4*'sx..u�`�"£�:. '7�''�'�."- . . K � `,�1 -`' �, � ° Y � ` . l . �'��X�' ��r�� '�'1ti � �. S .S L { �'K �f -i i � :•r � i �' ." � ( y i"Zyit�f F � � �� 11, -1`.�J3.+��«L.::1�� s.',. �:Nj�A�'.:ast�� �ji�.._1 l 4� �_ �' ^. _ ...�------� / � . L.__ __"__'__ . _" '— . February 12, 1974 e !'1 t9r. Frank Foster City of Bloomington 2215 West Old Shakopee Road Bloomington, P�linnesota 55431 Mr. P.on West City of Brooklyn Park � 5800 85th Avenue Piorth Broaklyn Park, A4innesota 55443 Mr. A1 Hammel City of Coon Rapids .1313 Coon Rapids Boulevard Coon Rapids, Minnesota 55433 t�r. Dick Putnam Village of Eden Prairie 8950 County Road 4 Eden Prairi,e, t4innesota 55343 ✓t4r. Jerry Boardman City of Fridley 6431 University Avenue PIE Fridley, t�iinnesota 5543?_ Mr. P9artin Overhiser Village of Plymauth 13800 State liighway 55 Plymauth, Minnesota 55441 Pfr. Don King City of �tinnetonka 14600 t�Sinnetonka �oulevard Minnetonka, t4�.nnesota 55343 t�Ir. Dexter t•tarston , Village of Orono Rox 66 Crystal Bay, t4innesota 55323 Dear Suburban Planners: 5'� �`'�1��.���; � ��r b�'� ��� � � f 4801 WEST FIFTIETH STREET • EDINA, MtNNE50TA 5'.42a 927-8861 0 -^ Fnclosed is an unsolicited decision by the courts in regard to a recent l.ot division on the propert_y with t11e red line through it. I am sending this out because I find the decision bv the court very interesting in that the court ,,. �. � Suburban Planners February 12, 1974 � Page 2 . , responded to the symmetry of the neighborhood and to good, soand planning principles and not just the ordinance requirements. Edina's zoning ordinance requires lots be 9,000 square feet, and this 1ot 6 is almost three times that. The jud�e essentially refused to allow its divis�on because the resulting lots would not be harmonious with the neighborhood and because it was not an arbitrary act. Hope you find this interesting. Sincerely, �� Greg Luce _ City Planner GL:ln � Enc , . . - u / l 0 � ' \ � \ � ; _. �_ _ _ x � � � � . ,.. �� . ;-� , "t, �: i .° � � ,�' � � i fF� SS ;,K� � ' _� � " �-�'9 - sc E -`° ��'� V')10 .Va�1,° �.��i0�1f10 - � � �v . �� '�/ �A' � �6��'�° `,� n� °\'_. a' ;�m� '•.;U � . � F<. . � � _ _ _ T �+1 �;.r iy � . � � SI ; } F P �: c � � S: . �•. �4+y,3 e �„ .r �•;F \ l3 •' �' �. �„ �, � ..` ! � • r � ( � '1 "!��", " t ` � ` y V � _ N r+� . oI,^ �""�' t � T ""_�. � F � � . � � �i � i l0' •.. `� Y�- � , � .i °_n s -` � 'h'. } ,, E � � 54 I� �� . .! - �.�.��� ,t /t�� � / r.i��d� . �tif c��..._� W` �, {i, N .ri ,n: s � a ., 1. �^- l�ii-!`J7 �. � � a, 7' } � {%�,� ` ";�" %c � t ' � " lic, �• "1 _p,�y� o Q � ua `� �^J �,; .� 7 ' � , '� ` t c \`` L.(' e .� `�� ! rJti _ �� ' . ul . ^Tj;F' `i�' . Sa 'J`_ V t• _ _ _____ ... ' J�. 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' � , i. l i � ��� � S�ATE OF MIt32.ESOTA AZSTRZCT COURT COWTY OF iiENti�PI�T F'�URTFi JUDICIAL DZSTRICT -----,_.._______--�_----_ _ __ _---°------------------------------ {•TEST SU'3UILT3T�.N I3UILD�°•S � ItiC. , ; �� a ttinnesota Corporation, � � ' Plaintiff, ) FZhDitSGS OF FACT, . " ) C0:•iCLUS20:7S OF L.T��t Vs. ) APtD OP.Di.R FOR JUDG2•i'�..t1T . . . � VILLAGF OF EDIi�A, .} D.C. Fi2e No. 656fi$0 i De£endant. ) Calandaz No. 83720 Tho above-enta.tled action czme on for trial before the undersigned. one of the .71id5es of tha above-naned Coust, without a jury, cor.L'aencing on the 7th day of August, 1973. ' Robert G. Gove, Esq., appeaxed £or and on b�half of ttia p�ain�iff. Dorsey, Marquart, �7indhorst, West & Fial3:duy. by William P. Luthez, Esq.. appsared for and on bchalf of �:�: defendant. � • - � The �ourt, having heazd tlie t°�t=mony of both part.i.es �o thi� ac.tion and the argr,a:ants oi c��lnseZ for Uot.'� parties, and being othe�caise fully advised in ti:e pramises, 'and on all the files, racorcls, and proceecli.ngs herain, m�kes the fol.lowing Findings o£ Fact, Conclusions of Law and Order for Judgr.►ent. • FTNDI23GS O?' FAC: • 1. The plat for the La Scena Vista Adlition to the . Villuge of Edina, Count•y of 3Ienn.:�=^, State of 2•iinnesota, wtss approved by thcs Village of Edina in final forco on Nc �ecnber 8, 1948. 2. Flaintiff, k'est Suburi�an �uildcr�•, Ir.c., pur- cha::ad I.at 6, Bloc� 8 of the La Bucna Vistu Addition on 1 � � � \ ^ ^ .j .� i � � r� � April 17, 1968. . 3. Prior to tha purchasa of said lot, Earl v�il�on, the Trensurez ot t'�e plaintiff, was aware that the question of replatting the lot was a matter within the sound diacre- tion of tha Edina Village Council. . • . � 4. Subsequent to thQ purchase of the lot, the plaiuti£f submi.tted draaings to the Vil].age Planning Cam-nission and requQStQd that the lot be replatted by 3plitting it intp two ; pie-st�aped lots as shown an the drawinq attached hereto: 5. On June 5, 1968, the P2a.�ning Com.r.ii.ssion zecom-ner�ded that the VilZage Council approve the requested replat. � 6. Ttia Planning Co:v�ission of the Villag� of Edina ' aerves as an advi�o=-y body to the Villaqa Council in r�atters relat;ng to the approval of pla�s and replats. - �• 7. On July 15, 1968, thQ Village Council held a public h�aring on �.h.e pl�.in:.i.�f's pzoposed replat, �at which heaz�ng various ze�iden�s of the area surrounding the lot .app�aroc2. ancl prasented ol��ecticn3 to t`�e proposal. . 8. . At t*�e public hearing, a petitio:� signed by 37 proparty owner� in the neighborhood ap�osing a zeplat of tBe lot and opposi�ion letters fro:� neighboring pro�erty otimers Frank E. Porter and Frz�nk E. Schiel, were also submitted to the Viilage Council. 9. Prior to the public hearing, �dina CounciJsaan Richard C. Johnson parscnally inspected thc lot and the surrounding neighborhood. 10. At tlie conclusioa of tha public hearing, �io �dinA Village Council denicd approvul of the plaintiff's proposed replat foz reasons which wero statcd in the Council's 2 --� � ^ I . .) � 1 1 � �. i ^ _ 1 ( \ . 0 . �� minutes, including tiio follawing: . (a) The lots resulting frorn the plat would bo out of chazacter with tho neighborhoodj (b) It does not appear ttiat house3 tYlAt COUICI be built on the proposed lots could maintain ' the same e�ynmetry as existing houses in �he � � immediate vicinity; • � . . (c) A sinilar request has been denied in the _. . past xor an adjacent• Iot� • ', . � (d) There is a right to rely on a filed p].at; �and • . .� (e) Thore wou2d ba a detrimental effact on the ` property to the east because of the way tha - pr.oposed house� would have tv be placed. 11. The strong and unaniraous apposition of residents �of tho neighbonc�od did no� comgrise the sole basis for the Vi2lage Cour.cil's donial of the requested rep3at, hut the � views of tiie neighbars were a factor cansiderod by the Vil.lage Council. 12. In decid.ing on replat requests, the Edina Village Counci]. al�o detern�ines whether the resultanti lots wauld be substanti.ally smallor than surroun@inq lots in tha are� znd, in this case, �ound that the resulting lots would"be subst�.ritially amaller. • 13. The Eciina Village Council also considers t.he affect of zequested zeplats upon the character ana sym.�setry of the garticular neiqhborhood and, in.tho present case, detez�riined that tho zeque3ted zeplat would have a detri�r�ntal effect on both character and syr,anetry. � . 19. Duildi.ng t�:�o ho:r.es zathez thzuz one, on ths lot in 3 � - . l . . . • . `�� � � . . � i i i � ^ ^ 0 questicn would alao be contrary to the Villaqa of Edinu's plan- ning objoc�ives of praserving open 3pace and prevanting urban clutter. 15. On July 23, 1968, �arl YJilsan on b�half of tha - plaintiff applied for a building pez:zit to construct one ho�a and oye garWge oa t:ia lot and on July 2:, 1968, n building ner�.i.� was issued to plain`�.iff by the Vill�ge of Edina. 16. At the tine plainti.ff re�uested the July 24, : .1968, bui2ding pernit, Ear2 S:ilson had' actual knowledge ttiat the Council had xefused the replat and t12a;. the denial was the Council's ixna2 action. � 17. Prior �o requesting t2:e bui2c:ing per�it, pinin- tiff did noth�ng to protest the Village Counci2's action. 18. At the time plaintifE applzed for the building pcsrmit, p2ainti�� did not indicate to the Village of �dina in any way that it desired to build a second home on tke lot or . thut it planned to ma}:e a furthLr req�es� for a replat of the lot. • : . ].9. P].ainti:f undertook no action challenging the Village Council's action until Februar� ?, 1969 when plai;ntiff brought this action. CO:tCLUSIO;v'S OF T�I�T ' l. Pluintiff's claim for relief is barred by the lagal d�ctrine of acquf.escence since plaint3ff, having actual �'knowledgs of the Village Council's denial of the reques�ad roplat, actod affi�atively in a manner consistent with :he VillugQ Council's decision. - , � , 2. The Villago Cou.�cil's denkal of plz►intiff's requestod zeplat cvas not arbi.trary as a�atter of law. � 4 " � n ^ � � ;� � �.� ,� � . ' ' . • a . • . . . U� O � � yV 0 ' - � • . . � � v'� � ,'. .� ' • .. • . �' ^ . ,�� � � ^ `r•• � \` s,t� � ..� � � • ' • ' � • - • '�V � a . . �: \ �' \ . � • � C '_' \; ;t, � <.� � , ` c ���` . � G • • • t v.°, w �� . :: � . • .:f � . e��� � - m . -. . I , ", j:i �„ j� i�. . , • �...,,�/ �..I . i ro. � - ' �, . ' • . ,; - � ,- . : . a - � � r.� • . � i . . 1� �- � • N �ti � � � �. i� 3 • - , ' ~: . . I�OV : - � � . .�o� . �.� •t •���� y , • o ;o� . . •=.. � .. . _ � I� � ` - '� - ' ' ��� '� � '��_-. - ---�-� - � - -•� -_ _.. _ --._....l. .__�._ - c, . . ... . • TI . . .':b . . , � �� � ` � � ;� . }�� : �1; _ � 'i ' � . • "�. . 1 . � � `� . • � ' �. . � . . � . , , � : 1 _ � . / . ; " . ' . 1. . YS 4 N� . � . i�1 • O A`• �1 w� � .. . .. ` . . . . . . � ZS�: . . . i-! • R•� I - , .. . � � • . , / � � ' ' � .� • � LY9 ' , . , _ ` - �\ � , . i. _ . , /" . ,� �• N� . . . `;,! � �% ... t i L V . �l � 3 � . � . ' j^'!. `. / � /, � � S . ( � - . ` , ` �! � ` � : ; � • . ~- �ve'7" -�' /',. . . ; �� ,�a `i�� \ `> � , • . . ; Y � n - C � o I�U ivr . ' , •� �°�`� � v .y ., . • , � y, � � . �, M � ti`v,w - . o Q: ea o 1 y� . � � : ti � . . . : N � .e � v� ; t � , y ; :; •� . �,� � � . � ;.t a ' O W � � • r� ' � � +u \ ' !i''� F � � � • . • . � o ' � �i� � � • i y' • ' . 1��j ol � � � �`� � � '-, .i i � 1 T1 . .f� . - . . �. • �, • . M E M 0 R A N D U M �J The Edina Villago Council deniad plaintiff's request for a zepJ.a� of a previausly platted corner lot into t�co pie- shapad lots. The defendant takes the position that i ts Council's uction was a legitimat� legislati.ve action bearing a'substantial ralatzonship to the pLblic hezlth, safety and welfurs, and, furth�r, that plaintiff is barred by applicatwo;� of the doctrino of uc�uiescence. The govarning law i� 2i.S.n. § 4b2.351-3G4 (1971j. The policy of that Act is stated to bQ: The legislatur� finds that r�unicipalities • are faced wi �'� r.,our���ng problers in prov3ding means of guidi.r.5 fu�ure ��vQ].opr,�nt of lar.cl so rzs to insures A �afer, �-ore pleasant and ruore ecanomi.c :1 enviroru-ient for rFSid�ntiaZ, eor.0 �r- cia?, ir.d�:3trial snd public actic�ties anr� �a pramote tie n�ablic h�nithr safe�y, rtorals and : genera�. ��rcl�are. riun9.cipalit; es c�n pre�are fo; anticipai:e� ch�2ig�s und by such oreparations � bring pb�°.�t si.r,r.i�'icant skvi.raas in l�o;h griv�.fie and ptbblic Ak�r>dii.u::es. Aicznici�al �lanair.g, bY prov�.di.nq pc±bZic guides to S:utu�� m�.:.�{ cip�:. • action, er_z�hlAs o�er n�;�lic �d ��ivat� agencies to plwn �h�9.r ac�ivi'ci.es i:� harr.;ony with tha munfcipali�y'� plans. riunicinal planning ��a.11 assist in develep�nc; � anc3� mare wks�Iy L•o sers;e ai�izens maze efPecti���Iy, wi21 rako the provi- .. sion of pua3ic �ervices less costly, and will � achieve d TCi�i3 sec�:z'e tax b�se. It is the . purQoso o� sections ��2.351 to 462-364 to pro- vxde municf.palities, in a sir.gle body oE law, with the necassaiy pc:aers �r.d 4 u,zifo� proce- durQ for �d�`qu:l�ely con�nctir.� �nd i!�plerr�nting municipal pl��nir.g. (:I.S.A. 462.351 (1971) ] In Decenber, 1965, pur3uant to this enabling legisla- tion, the Vi2lage o� Edina adopted a platting ordin�.nce (Ordin�nce 263A, co�y attached). ' , Tha ordinance establishes tns Counci7. ae platting authori�.y, proscribes proceduras and axpressly authorixes rejec�fon of a propoaed replUt. It was pursua.nt to this ordl.n��co t2ra_ plaiiitiPf'� �e:�ueat�d replat was denied. 1 e ; , '. . � � . ' � • 1 i � � • � - . � � � � � �� - � According to Yhe minutas of thd Edina Villaga Counc3.l, plainti`f�s zeplat w�s denied foz t��e £ollowing reascns: l� ThQ lot� re�u2tir.g fron the plzst would be out of cha�actar wi:h the neighborhood; . 2) St dce� not nppcar tha� hcuses thst could � bo bviZt cn tiic pzoposed lot� could n3in- • tain tl:c �aMe �y: �etr,� �� exi�tizg house3 xn thcs S.r.�edi.:4e vici:�ityt , � . �. 3) A sis.ilar request has becn denied in tno _ pas t f cr a.z ad j accr.t 1ot; 4) People .^.hould ha.3 the.right �o rely on a : filed plat; . -and . 5) Trere wou2d b� u dstri:,.�ntal ef�ect cn the - psoperty to �l:e east because af ths wuy the pro�csed i:ousca F�ould ha.a to b� placed. . Tiio reWscna for denying �iair.tiff'3 ?'eglat w•ere statdd conte: i,�ora.*sseusly with t2ie Cau:�ciZ's �ecisio:�. Z'he acti.on c«•as, t:�erefo�� r nrina f ��ia, r.ot arbit�ary. ISee In? Ur.d Const. Co. �. Citx cf �1.00:�ir.gton, 292 t�iinn 3��,, 195 N.P7. 2d � 55II i1972).� , � . , Z�,lka v. C? ty of �w:.tal, 233 .:i:uz. 132, �tates the . sta.ndards of review for cases SL`Ch �S this: �dhexe the ordir��.�►c� does not specify stazdards, as is us�al2p tha ca.se F:nen ��nal kutho�it� to dete�ine c.i�et..':er a per:..it �hzl? be grar►ted is retained �:; �he cour.cil, �..� zxbi�rary denial may be �ovnd by a r��ie���a� court �r'.zen t�e . evidence pr�sented at ti�e hearir.g b�fore �ti:e � r.'�unicipal go-�a�iny body ar.� the r�vie::�ing court c�ta.bZiwhes that tZe requested use is cem�atibl.e �vifih tY:e basic use authcrized �aiy.'�in . the paxtic4? ar z�ne and dc�s not end�:.r:ger tha public heal.t.`� or �a�ety ez �he general welfare . of :he area affected or the co:�unity a�,a whole. � Under ZyJ.3:a the question for the Court is whethax tho . evidence pre.,en�ed to thc Village Counci7. �nd zt tha triaZ cor�- pcslo a fincting that the zeplat is co;�patibla :�rith tha oharacter p� thc co�.uns iy a:.d dcas not endan�er �he public haalth or eafaty or generAl welfaro of the area ��:ectad or of the con�unity, 0 � 0 � � � � . - � ' _ - _ �.�0 _ .. � Such a findinq wou�d be contrary to tha evidanco. � The Council heard the wishaa and objections of tha "neighbors". A��'eriber of tha Couacil parsonally inspected the preraiaea involved. The Council then reviewed thQ proposed �� replat und its effect on the nei5i�orhood, deter:ained that it. was unsu3tab].e fro:a the staadpoint of ccs�u.*�ify plzu:ning� and denied th� request �.nd sinultaneously recor.ded the rea�ons for its deniaZ. Actually the evidenca 07A3 convinc3ng that the proposed lat spli�t�:.g �:ould char.ge the chE:.racter and syra.°�stiy of the neighbflrhocd and would ba detrimentul �o tiie qeneral welfaxe of the �ea, In additiora to faiJ.ing on the merits, nlainti�f's reques� is barred tay'its acquie�cencs fn the aetion of tha VilZage Coun�il on 3uly 15, 1968. After that denia? plai.nt:.ff, through Wilson, its Treasurer, a�nlied for a perr.�i.� to construct one ho� znd one garage on the entire lote On July 24, 1965, the ps�rait was iss�±e3. Pl�.int3.ff then proc�edec3 wi�h construct3.en and did no�.iiinq to con�est the Villago's decision of Ju2y 15, 1968, unt;.l Feb.:ua� 7, 1969. Its action was entirely con�i��ent with the Council's dLcision and incansist�nt with its present position. . . - . The doc�rine of acquiescence is stated i�n the i+Tiscoasin case of Jeffersoa Coun�ty v. Ti�v:l, 51 N.�7.2d 518: By .ar.a7.c>5Y it �•�ould see�a th�t where a prope*-t}� cwn�z m�'r.es aaalication :or a b�ild; ng •• pezmit fcr t..`:e erectic : of u*aui7.ding f�r a busine�s use in a distric� ir. F:.:ich b�sir.e�s uses a�� pro.iibi.�ed by a zoning ordir.ar.c�, and � such p�±-�it ia d�aicd anu t2:c ��c��rty o=�ner does no� ap?eal �uch a ru'_ing to �'�e IIoard of Adju�t:�ent but ir.3t�a3 £iles an anplS.caticn �o erec: : builc:ing foz re�i.ci�ntial use and secure� a pvr:'�� to �o erec4 :,uch �Lilding, he ah�uld b� cee^��� �rcreb; to have �:alved tho x'ight to later �s°ezt as u defcn�e, in an uction to enje�n hi:n fzon usi7g t:ie property for a use pzohib;t�d by the ordir.unce, tha� he i� en�it2ed 3 , � ; , � •. . _ ' . �j� � ^ to use the new builciing for business purposes = j becausa of soms prior nonconforroinq use. � [Id. at 530.1 � HowevQr, tho decision o� the Court is ba�ad on the ' �erits, on t`�a evi�enca presented at tho CounciI. hearing anci at tha trial. O:z that basis, and wit2aout rofezence to the ' doctrine of acquiescenc�, tiie action of the Council was not � i , arbitrary as a raatt.�r of law. Judgment � st, accordingly, . ; . .. � ' - { be entered �or thQ defendant. . � . � •yet thia b:amoranda.�n be mada a part of the within and fozeqoing Ozdsr. : . S.D.R. ' : � . � , " ' . .� � ' ' • ; , , . � . ^ . . . ' � ORDER FOR JUDG2�NT IT ZS HEREBY ORDE1tED that plaintiff's claim for relief ; . herein be denied and dismissed with prejudice and that defendant . � have its costs and di.sbursements incurred herein. j , BY TiIE COURT: . i � � . , • . � • f � • -. y : 3u ge . � •. Dated: January 3�, I974. • . � • . . � - . ; ; . � ' _ i ' . • . � i • ' �� ' i • � ' • ' . ` , , ` � �� � � ' . • - . � � �� OFFICiAL PUf3LICl�TION NOT�ICC OF f'U�t_(C H�ARlNG Notice is hereby given that the Planning Commission of the City of Spring Lake Par!<, Minnesoi�a will meet at the City Hcall, 8429 Center brive, on tl�e twenty-�i�hi h day �f F�l�rua�-y, 1974, at �3:00 P. M. fio consider the following: . Request fio amei�d the spec.ial use permit issued to 8301 University Avenue to allow fihe construci�ion and use of a ^ Fotomaf facilify and a miniat�ure c�o�f course, on Outlot 9, � Terrace Manor �. ��, � The general location is at 83rd Avenue and University Avenue. Any and all persons desiring i-o be heard shall be given the opporfunity at the above stafied f�ime and place. ,r1 j'' .•'�_ � f /"f ' �., � :.� . .G� �:''�?� �_� . . .-�: . � .� : : `: � s .. .. .... Donald 6e Busch, Clerk-Treasurer Cii-y of Spring Lake Park . . . . _ . . .. . . . .. . . . . . . . .. . . . . T ��''1 � � � �" � �i ; � j � �-1,� I�JC��� i . � � � u �! u ,� „ � � e � � '� '` '� � g + ���''� �� � � ,.:, sq�'rf,¢. 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