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PL 09/11/1974 - 7494.... _ . �,,.:,;� ,�'� � CITY OF FRIDLEY A G E N D A PLANNING COMMISSION MEETING SEPTEMBER 11, 1974 8:00 P.M. CALL TO ORDER: PAGES ROLL CALL: APPROVE PLAN�NIN�G 'CONlMISBION MINUTES t" AUGUST 21, 1974 1•= 12 RECEIVE BUILDING STANDAFtDS-DESIGN CONTROL SUBCONtMITTEE 13 - 14 MINUTES: AUGUST 22, 1974 RECEIVE BOARD OF APPEALS SUBCOMMITTEE MINUTES: AUGUST 15 - 19 27, 1974 - ,..�'� .._ , _ RECEIVE PARKS & RECREATION CUMMISSION S:LIBCOI"ir4ITTE 2p _ 23 MINUTES: AUGUST 26, �1974 I. PUBLIC HEARING: CONSIDERATION OF A PREItIMINARY 24 _ 33 �.� PLAT, P.S. #74-05, RICE CREEK:ESTATES SECOND ADDITION, BY EDWIN C. DROPPS, D B/A PINETREE �' BUILDERS: A replat of Lot 10, except the North � .260 feet thereof, Auditor's Subdivision No 22, general.ly located between 61st Avenue N.E. and Benjamin Street Northeast. 2. PUBLIC HEARING: CONSIDERATION OF A_�2EZONING 34 -�8 REQUEST, ZOA #74-04, BY HENRY F. ML'HSCH: To rezone Lot 11 - 21 and Lots 28-37, Block 4, � Spring Brook Park Addition, fram N-1 (light industrial areas) to R-1 (single family dwelling areas) to allow the moving in of a single family . dwelling on Lots 31 and 32, BZock 4, �pring Brook Park Addition, ge,nerally locatecl between ?9th Way N.E. and Longfellow Street; and Ashtan Avenue and the railroad tracks. �4 � �►�y � �� ,� , - �' 3 � , ��,� . � �� / . . . . . . . . . . � r�t"'� � � �� , ;�� r � r �.� , `� ,� � � CITY OF FRIDLEY PLANNING COMMI5SION MEETING - AUGUST 21, 1974 PAGE 1 CALL TO ORDER: Vice-Chairman Harris called the meeting to order at 8:10 P.M. ROLL CALL: _ Members Present: Harris, Drigans, Lindblad __- - -. Members Absent: Fitzpatrick, Blair Others Present: Jerrold Boardman, Planning Assistant • James Langenfeld, Chairman of Environmental Quality Commission APPROVE PLANNING COMMISSION MINUTES: JULY 17, 1974 �� MOTION by Drigans, seconded by LindbZad, that the Planning Commis- sion approve the minutes of the Ju1y 17,.1974 meeting as written. Upon a voice vote, a11 voting aye, tre motion carried unanimously. RECEIVE BUILDING 5TANDARDS-DESIGN CONTROL SUBCOMMITTEE MINUTES: JULY 18, 1974 MOTION by Lindblad, seconded by Drigans, that the Planning Corr�mission receive the minutes of the Building Standards-Design Control Subcommittee meetina of Ju1y 18, 1974. Mr. Lindblad asked Mr. Drigans what the Board of Appeals had done on the request for variances by the R. W. Murray Company. Mr. D�rigans said this item had been tabled. UPON A VOICE VOTE, a11 voting aye, the motian carried unanimously. RECETVE BOARD -0F APPEALS 5UBCOMMITTEE MINUTES: JULY 2�, 1974 MOTION by Drigans, sedonded by Lindblad,. thai the Planning Commission receive the minutes of the Board of Appeals Subcommittee meeting of Ju1y 23, Z974. Upon a vaice voie, a�I voting aye, the motion carried unanimouslya RECEIVE ENVIRONMENTAL QUALITY CONlMISSION MINUTES: JULY 9, 1974 MOTION by Lindblad, seconded by Drigans, that the Planning Commission receive the minutes of the EnvironmentaZ Quality Commission meeting of Ju1y 9, 1974. Upon a voice vote, a11 votinq aye, the mo�ion carried unanimously. RECEIVE INFORMATIONAL MATERIAL FROM JAMES LANGENFELD f��TION by Drigans., seconded by Lindblad, that the Planning Commission receive informational material from James Langenfeld. Upan a voice vote, a11 voting aye, the motion c.arried unanimously_ � �� n � e Planning Commission Meeting - August 21, 1974 Page 2 RECEIVE PARKS 1974 �, uF.CREATION COMMISSION SUBCOMMITTEE MINUTES: JULY 25, MOTION by Lindblad, seconded by Drigans, that the Planning Commission receive the minutes of the Parks & Recreation Commission Subcommittee meeting of July 25,.1974. Upon a voice vote,_a11 voting aye, the motion carried u'nanimously. RECEIVE PLATS & SUBDIVISIONS-STREETS & UTILITIES SUBCOMMITTEE MINUTES: AUGUST 14, 1974 MOTION by Drigans, seconded by Lindblad, that the Planning Cammission receive the. minutes of the Plats & 5i�-bdivisions-Streets & Uti.Zities Subcommittee meeting of August 14, 1974. Upon a voice vote, a11 voting aye, the motion carried unanimously. RECEIVE ARTICLE "WHY PLANNING COMMISSIONERS NEED A SHOT IN THE ARM" FROM JERROLD BOARDMAN MOTION by Drigans, seconded by Lindblad, that the PZanning Commiss:ion receive the article "Why P.ianning Commissioners Need A Shot In The Arm" from Jerrold Boardman. Upon a voice vote, aIl voting aye, the motion carried unanimously. �'icle very interesting and wanted Mr. Drigans said he found thisar�. to thank Mr. Boardman for putting it in the agenda. The other inembers concurred. RECEIVE INFORMATIONAL MATERIAL FROM JAMES LANGENFELD MOTION by Lindblad, seconded by�Drigans, Commission receive the informational material Upon a voice vote, all votinq aye, the motion the Commission if they found the information time helpful. Vice-Chairman Harris said they Mr. Langenfeld asked he gave them from time to that the Planning from James Langenfeld. carried unanimously. did. Mr. Langenfeld said he had a�letter from Jean Heilman, a special as�sistant in the At�orney General s office in relation to the Environ- � mental Quality Council which states informatior. that was sent to h3_m. This includes (1) Environmental Policy Act, (2) Environmental Quality Council Act. (3) Power Plant Siting Act, (4) Critical Areas Act, (5) Recycling of Solid Wastes Act, (6) Minnesota Wild and Sceofcthevers Act, (7) Subdivided Land Sales Practices Act, and a copy Power Plant Sitingl�egulations and Critical Areas Regulations that were adopted by the Environmental Quality Council. He saiosiumalwhich had a report of the Environmental Legislation 1973-74 Symp � he was going to have made up into a separate booklet and distributed to the Environmental Quality Commission's mailing list. Mr. Harris said he was particularly interested in the article � on Oak Wilt and Dutch Elm disease. Mr. Langenfeld said he thought the article "Wildlife May Be Killed With Kindness" interesting also. ��_ Planning Commission Meetin - Au ust 21, 1974 Pa e 3 /1 Mr. Langenfeld said he would continue to send the Planning Commission material as Iong as they found it useful. 1. REQUE5T FOR A LOT SPLIT, L.S. #74-15, RUBY M. ANDERSON: Split off the Southerly 137.5 feet of Lot 16, Revised Auditor's Subdivision No. l0, to made a saleable lot, located at 69th and Central Avenue N.E. Mr. Blaine Edmundson was present to represent the petitioner. Mr. Boardman said the main thing the City was concerned about on this 1'ot split was that a house could be built on the North lot without requiring any variances. The house that had been on this lot before the tornado, was setback 75 feet. If the house that could be built on this lot faced Central Avenue, then the sideyard setback could be reduced to half of the setback requirement, which would mak�e a sideyard setback of 35 feet. Mr. Edmundson presented a sketch.of a house and garage on a survey of the NoY�h 7.ot. On this sketch, the house was 28 feet by 46 feet with a 24 foot square garage. He said he had drawn the sideyard setback as 30 feet, but the house could be moved over 5 feet and still fit the 1ot. He said he would correct this drawing before this 1ot split request went to Council. � � Mr. Boardman said there had to be an.easement granted on the North 1ot for utilities to serve the South lot. The sewer and water would be coming frcm`69th Avenue. Mr. Harris said the Plats & Subdivisions-Streets & Utilities Subcommittee had recommended that this easement be 20 feet instead of 15 feet, so alI the utilities could be on the same easement. This easement would be for sewer and water., gas, electric power and telephone lines. Mr. Drigans said the survey shows a garage slab on the North lot. Mr. Edmundson said that was left after the toxnado, but it would be removed. \ Mr. Edmundson said that because of the grade on thase lots, tYie driveway for the North lot would exit on 69th Avenue, and the lot on the South would have a tuck-under garage. Mr. Drigans said both of these lots were buildable lots then. Mr. Edmundson said they would prefer to have the 20 foot easement on the East side of the North lot, the Central Avenue side. Mr. Drigans said there were some trees on this property. Mr. Edmundson said they would lose some trees whether this utility easement was put on either the East or West side of the property. n Mr. Harris asked�where the existing power pole was.' Mr. Edmund- son said it was on the Northwest corner of the North lot. Mr. Harris said the purpose of having the 20 foot utility easement was to have all the utilities on the same easement. If the utility easement was put on � Planning Commission Meeting -� August 21, 1974 Page 4 the Easterly 20 feet, there would have to be another easement for the utility poles on the Westerly side of the lot, unless the power poles were moved. Mr. Edmundson said he thought there was a power pole Southeast from the Southerly lo�t, and maybe they could serve this property from that pole. He said he would check on this bef ore this went to Council for the final decision on which side of the property the utility easement should be placed. MOTION by Lindblad, seconded by Drigans, that the Planning Commission recommend to Counc.il approval of the request for a 1ot split, L.S. #74-15, by Ruby M. Anderson, to split off the Southerly 137.5 feet of Lot 16, Revised Auditor's Subdivision No. 10, to make a saleable lot, located at 69th and Central Avenue N.E., with the stipu.Iations that a 20 foot utility easement be provided on either the Easterly or Westerl� side of the North lot, and that the pet.itioner bring in a corrected copy of a drawing of how a house could be placed on the North lot without requiring variances. Upon a voice vote, a1Z voting aye, the motion carried unanimously. 2. VACATION REQUEST. SAV #74-03, BY JAMES LUND: Vacate the Westerly 50 foot easement for public purposes on Lot 30, lying North of the Southerly 30 feet, Auditor's Subdivision No. 129, located in � the 1500 Block between 73rd Avenue Northeast and Onondaga Street and replatted as Jim Lund Estates. , ^ Mr. Boardman said this was more or less an oversight vahen this property was replatted as Jim Lund Estates. It would affect Lots 1 and 9, Black 1; and Lots 1 and 8, Block 3, of the replat. This easement was asked for when there was a different street pattern planned for this area. Because the administration feels that the street pattern as platted in Jim Lund Estates is a better plan for this area, it is a reasonable request to ask that this Westerly 50 foot easement be vacated. � Mr. Harris said that when this lot was tax forfeit property, the County also took an additional 27 foot easement along 73rd Avenue, which they will not vacate. This easement is only on Lot 30. They don't have this easement on the adjacent lats, so this easement is not going to do the County any good, but they want to hana on to it. The County has a policy that they take an additional 30 foot easement along every County road on any property that goes tax forfeit. He said Mr. Lund didn't know about these easements until he got the deed from the County. Mr. Drigans asked how this County easement would affect the front setback on the houses facing 73rd Avenue. Mr. Boardman said this was just an easement and was being used as part of the setback requirement. Mr. Lund is going to setback one house 50 feet, and three houses 43 feet, but thiswas because of the average f�c�i�t yard setback requirement, instead of this easement. n MOTION by Drigans, seconded by Lindb.Zad, that the Planning Cammission recomrnend to Council approval of the request for a vacation, SAV #74-03, by James Lund, to vacate the Westerly 50 foot easement for public purposes, on Lot 30, lying North of the Southerly '30 feet, Audi- tor's Subdivision No. 129, located in the 1500 Block between 73rd � � ^ ^ Planning Commission Meeting - August 21, 1974 Page 5 Avenue Northeast and Onondaqa Street and replatted as Jim Lund Estates. a voice vote, a11 voting aye, the motion carried unanimously. Upon 3. REVIEW ZONING ORDINANCE Mr. Boardman asked the Planning Commission if they wanted to put a time limit on this review. Mr. Harris said they could go through up to the R-3 zoning, which was as far as they got in'.their discussion on August 7, 1974 when they didn't have a quorum for a meeting. Mr. Boardman said there were some problems with the definitions. There are soane thing� that should be included in the definitions that aren't. Other things needed clarification. He said that one of the definitions we need is a definition for a warehause. What is a ware- house? Also, anything we have as a permitted use, if it's not clear, we should have a definition. He said he had talked to Darrel Clark about Wick's Furniture. Although this is a warehouse, it is a retail business, and is built in a M-2 District which is heavy industrial. The point is this, is a warehouse in a heavy industrial zoning allowed to do retail business? This can't be determined unless we have a definition for a warehouse.' Mr. Boardman said he didn't think they should really go into definitions at this time, until staff had had time to go through the definitions. Mr. Lindblad was to clarify and be updated also. Mr. Boardman that were right on are things we are in the code. asked if the purpose of reviewing the zoning ordiriance correct. Mr. Harris said it was, and it needed to said there were a lot of things in the Zoning Code the borderline of what you can and can't do. There doing as a matter of policy that are not really clear Mr. Boardman said one thing that should be discussed are mother- in-law apartments. Ar� they an allowed use in an R-1 area. What control do we want to have on this use? If the mother-in-law dies, can they move somebody else in? He said it was his opinion that a mother-in-law apartment was not that bad a thing. The definitian of a family states, "An individual, or two or more persons related by blood or marriage, or group of not more than five persons (excluding servants} who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling area". If we take this definition as stated, it could mean your brother, sister, cousin, etc. You may want to add is here "related by blood,(restricted to one generation)"• This would allow a son to come back and use this apartment but not a n�i.ece or nephew. Mr. Harris said what they were concerned about is when the mother-in-law was no longer using this apartment, how`�they wou�ld control havinc� this apartment rented to another family unit, thus making a R-1 dwelling a 2 uriit dwelling. Mr. Lindblad asked if this was a problem in Fridley. Mr. Boardman said we are getting many inquiries about mother-in-law apartments, and � `: -. Planning Commission Meeting - August 21, 1974 Page 6 if they can convert their basements into these apartments. Mr. Harris ' ^ said the way the economy is going, we are going to have a lot of these requests. Mr. Drigans asked if there was any way this could be handled with a special use permit? You could allow this use for a certain period of time, and it could be renewable. Mr. Boardman said then it could be restricted to a parent or a child. Mr. Lindblad asked i� they thought people would abide by such an ordinance. How would you stop people from letting their brother live there, for instance, maybe rent free. Mr. Harris said what he thought they were looking for ��s someway to control this use, not to really limit it, so we don't end up with R-1 property being used as double bungalows. We want to control parking and sanitary facilities, and we just don't want secondary apartments in an R-1 district. Mr. Drigans said maybe�w� could control thi� with square footage requirements. So much square footage if one pe�son lived in the apartment, with so much square footage needed for each additional. person who was going to live in this auxilliary unit. Mr. Boardman said the square footage requirements were set up by the State, and if we set up different standards, he didn't think these standards would hold up in court. He said he thought the best to handle this was . with a special use permit, with a review process. ^ Mr. Harris said he would like this to come under the Fire Marshall also, so this could be checked as to the safety of such an apartment. Mr. Lindblad said he thought that such an ordinance would make crooks out of honest people, and the crooks wouldn'�t pay any attention to our ordinance anyway. Mr. Drigans said we have to have some type of control when you see fifteen people corning out of an R-1 dwelling and cars parked all aver. You have to keep something like this from infringing on the next doar neighbor. We are trying to :foresee a�roblem, and determirae how we will handle it, such as a special use permit. As the economy tightens uP. we will probably see more and more of this. Mr. Boardman said it seems to be the concensus of opinion that a mother-in-law apartment should be put in the definitions and be handled under a special use permit. Mr`. Boardman said another definition that needs clarific��.ion is a kennel. For instanc�, what is a residential kennel and what is a commercial kennel. The main thing we would like to see in a residential kennel is to try and control the location and the number of dogs allowed. Right now, anyone who has a residential kennel� usually has it back along a fence next to their neighbor's property and pushed away from ^ their own house. Mr. Drigans said he thought a home kennel should be a minimum of so many feetaway from an adjacent property owner. Mr. Boardman _ � /'1 Planning Commission Meet'ing � August 21, 1974 Page 7 asked how many dogs a person could have before it was classified as a kennel, three or more dogs? � Mr. Drigans said we could classify a kennel as any structure or enclosure in which dogs are confined outside. Mr. Harris said this would have to apply to three or more dogs. Mr. Boardman said we should have a top limit of how many dogs that can be kept on one property. Mr. Drigans asked if there was any way to limit the number of domesticated animals that would be allowed for a single family dwelling. Mr. Boardman said we could limit the number that are confined outside. We cauldn't control the ani m�ls that are kept inside all the time. We could say that so many do�s constitute a kennel, and with a kennel you could have only so many dogs. A commercial kennel would still have to be in a commercial area or M-2 area. Mr. Drigans as�ked about the definition for home occupation? Mr. Boardman said he thought this definition was �ll�right, and the staff could work with it as it was. Mr. Boardman said he thought there should be a definition for a condominium or cluster housirig. He said the staff was going to check around with other communities to see how they define them. ^ Mr. Harris said he thought they should put a statement of policy saying what we were endeavaring to do with the zoning ordinance. Mr. Boardman said there was already a declaration of policy under Section 205.041. ,� Mr. Drigans said that in regard to Section 205.03, Establishment of District, when we had the request for a medical office building to be built an R-1 property, we had a lot of controversy because this wasn't a hospital or a public building going on R-1 property. He said we don't have a medical district, but some other communities have this district. Mr. Boardman said we have districts where medical facilities can be built. These are CR-1 and CR-2. This is not the only thing that is alldwed in these districts, but it is an allowed use. Mr. Harris said the hang up on the medical building, was that the hospital itself is in an R-1 district, but it is an entity of its own. It is a separate governmental unit. Mr. Boardman said this is a public building. Any public building can be built in R-1 zoning. This includes the City Hall, the library, schools and churches, parish houses and convents. Ntr. Boardman said that one thing we are going to have to do with public buildings is to add some restrictions. �nTe are going to have to say that even if they are building on R-1 property, they are going to have to meet the setback requirements that they would normally fit under in commercial or industrial property. He said that right now the City was having a problem with the expar.sion of Woodcrest Baptist Church. They are , f�ollowing the setbacks of R-1 zoning, and we have had complaints from the neighbors. He said the setback on their property is only 14 feet, and if this was considered a commercial area, the setback requirement �� Planning Commission Meeting - August 21, 1974 _ Page 8 �, — from R-1 property would be 50 feet. We do have a statement in the R-1 zoning under Section 205.051, Paragraph 4, Other Uses, which � states "For other uses, other than dwelling units, permitted uses and uses requiring a special use permit, requirements as to lots, setbacks, buildings, parking, landscaping, screening, and exterior material shall be at least comparable to similar uses in other districts, but also subject to additional provisions as provided by the City". Mr. Boardman said this should apply to permitted uses and uses requiring a special use permit or any structure that is not a single family dwelling. � He said we also want 205.051, Paragraph 1, B, which states as a principal use "Agriculture, including farm, truck gardens, and orchards, but excluding animal and poultry raising" omitt�d.:.from the R-1 zoning code, and the corresponding sections of R-2 and R-3 omit�ted also. This is not something people would be using R-1 zoning for, so it is obsolete. � Mr. Boardman said that under Accessory Uses in the R-1 zoning, we want to change'C to read "Customary home occupations including rental of guest rooms for occupancy to not more than two gersons per dwelling unit". Mr. Boardman continued that we want to add residential kennels under uses permitted with a special use permit as G. Mr. Harris said this could be explained as a humane reason for having � this under a special use permit. . Mr. Boardman said that under Other Uses, he wanted to just change some wording to make it clearer. He said it should read "For permitted uses, and uses requiring a special use permit, other than dwelling units, requirements as to lots, setbacks, building, parking, landscaping, screening and exterior materials shall be at least comparable to similar uses in other districts, but also subject to additional provisions as provided by the City."' Mr. Boardman said that one thing we don't have in our code is that you can't build R-1 housing in commerical or industrial zoned property. He said he would like to see added in every zoning district under "Uses Excluded" a clause that would exclude any use allowed in any other district, unless it was specifically allowed in that district. This is Section 205.052 in the R-1 zaning. For instance, single family dwellings are specifically allowed in R-2 and R-3 zoning, but should not be allowed in commercial or indtii.strial zoning. We are ignoring the zoning laws if we allow a lesser use into a greater use. Mr. Harris said we did get into a ciiscussion on 1ot requirements and setbacks. Mr. Boardman said we did decide that the requirement5. we have are workable. At some later date we might have the Metropoli�an Council n looking at our requirements. Mr. Harris said the only problem was that the City has some 40 faot lots that could give us trouble. Mr. Drigans said they are already giving us trouble. l�ir. Boardmar� said this is something you could discuss at your meeting with th� Council. Planning Commission Meeting - August 21, 1974 Page 9 ^ Mr. Boardman said there had been discussion on eliminating R-2A and R-3A zoning classifrications. At the present time nothing is zoned under these classifications and we do not even show these districts on our zoning map. Mr. Harris said these districts are ambiguous because there really isn`t ar.y differe�nce between R-2 and R-2A or R-3 and R-3A. Mr. Boardman said these classifications are obsolete. Mr. Boardman said they had discussed automobile parking lots under uses permitted with a special use permit, Section 205.051, E, _ and to change the sideyard and rear yard minimum setback to 10 feet instead of the required 5 feet. This will allow for some p3�antings. Mr. Harris said you can't pZant anything in 5 feet. This section should read "Automobile parking lots for off-street parking spaces for any use on adjacent land, when the following minimum requirements have been met: 1) The minimum front yard setback is 25 feet, except where adjacent property has existing front yard setbacks exceeding 35 feet; additional front yard depth may be required. A sideyard and rear yard minimum setback of 10 feet is required". This same section should be changed in R-2 and R-3 also. • Mr. Lindblad said he had been at the Council meeting when they � were discussing single and double garages. He said he had been in favor of making double garages mandatory. He said there wouldn't be so many requests for storage sheds if people had larger garages, and � most people have two cars. Mr. Boardman said our requirement says they can build a single garage, but they have to have room for a double garage. Mr. Harris said while it may be true that double garages are desirable, it was shortly after this Council meeting that something came out of Washington D.C. saying the suburbs were going to have to stop these discriminatory housing requirements. It won't be too long before there wi11 be federal and state_legislation tha� will force us to do a housing study. He said the Metropolitan Council would be getti��g into this area also. He said he thought they would all call our present zoning ordinance pretty discriminatory. Mr. Boardman said that by forcing people to build a garage, we are raising the cost of building a house, and are therefore excluding low income housing. There is going to be a lot of pressure to cut housing costs. We should do our own housing study. We don't know how many 40 foot, 60 foot and 75 foot lots we have in Fridley. We don't know the basic cost of building on a 9,000 square foot lot, or the basic cost of building on a 7,500 foot square foot lot. Mr. Harris said he thought this should be brought up at their meeting with the Council, because if they do come in here to eheck our requirements, we should have some answers. We may be able to defend ourselves on some of these codes then. If we don't have any answers, they could really clobber us and tell us this is what you have to do, regarding our codes. Mr. Boardman said one power the Metropolitan Council has x��. to rate communities for federal funding, and as we have no program for providing low income housing, we are not even rated, so we can't g�t /1 any federal funding. We haven't taken any positive appraach for low . income housing. We don't know if we are providing for our,.own.people. We don't know if elderly persons can even stay in r'ridley. If we don't t�ke the initiative, the state legislation wil�tell us, in two or three years, that this is" wnat we have to do. ,� i Au ust '21, 19�74 � �a e 10 Planning Commissi-on Meetin� �- 9 ^ Mr. Drigans said we have a lot of work in this area. He said he had been thinking, for some time, that the Planning Commission should have an extra meeting a month that would just be a warking meeting. Mr. Boardman said he agreed. He said that reviewing the zoning code, £or instance, was di:ffic�hlt to do after their regular meetings where they have had public hearings on other items. Mr. Drigans said we could even turn these working meetings into training meetings where someone from the Metropolitan Council could come in and discuss our codes, etc. He said he thought that if the Planning Commission had one meeting like this a month, or it could be flexible,.it would be very helpful. Mr. Harris said we could have this meeting on an of � Wednesday. Mr. Drigans said that another possibility would be to have it on a Monday night when Council has their public hearing meeting. We may want to attend some of these hearings. We don't have to meet in the Council Chamber. Mr. Boardman said the Council Chamber was not conducive to in-depth studies. It would be better to all sit around a table. Mr. Drigans said they could meet in the classroom, or any place in City Hall that was open,.for these meetings. Acting Chairman Harris said he thought this was a good idea and they should set up such a meeting. TYaey really weren't getting very far in their review of the zoning ordinance at this meeting. We haven`t even discussed the sign ordinance yet. n Mr. Boardman said he thought this was a good time to stop the discussian, because they were getting bogged down. He said there were many things the Planning Commzsszon could be involved in, if the stafi brought them to their attention. There was housing, a beautif ication program for Fridley, and although the Parks & Recreation Commission handles the parks, he thought the Planning Commission should be made aware of some o.f the City's recreational needs, such as a swimming pool. He said there were also environmental issues com.ing up, one being the Shoreland Management Act. ^ Mr. Harris said the Planning Commission should set a date for � an extra meeting right now. Af ter discussion, September 9, 1974 was set as a working meeting. This is a Council night, but the Planning Commission would meet in the classroom. Mr: Harris said they wouldn`t need a secretary for these meetings, but he would like the meeting tape recorded as a permanent record, and they could refer back to the tapes. 4. REVIEW SIGN ORDINANCE Mr. Boardman said one of the things they are thinking of changing in the sign ordinance is setting it up on a more graduated scale. Instead of using 15� of the wall area, we'll use a coristant multiplied by the squar.e root. That way, the larger buildings will get smalle� signs, and the smaller buildings will get larger signs. Mr. Drigans said the Board of Appeals has a variance coming up for the lumber company going in at Spartan°s old location. They want a variance from 100 square feet to 200 square feet and 20 to 40 feet in the air. Mr. Harris asked if there weren't some billboards i,n:-that area now. Mr. Drigans said there were two of them. Planning Commission Meeting - August 21, 1974 Page 11 /1 Mr. Lindblad said he couldn't see the big squabble on billboards. Either we are going to have them or we're not going to have them. Other ar.eas have banned billboards, and he thaught Fridley could do the same if they so desired. Mr. Harris said this is why we want to discuss this with the Council. 5. MEETING WITH COUNCIL Mr. Boardman said the Council would like three alternate dates when the Planning Commission could meet with them. Mr. Harris said he thought a Saturday morning breakfast meeting would be fine. Mr. Drigans and Mr. Lindblad agreed. After discussion, the three dates given were September 7, 14 and 21. Mr. Boardman said he would see that the Council was informed of these dates. 6. DISCUSSION Mr. Lindblad said he would like some input from the other members of the Planning Commission on whether it was up to the � Building Standards-Design Control Subcommittee or the Board of Appeals, to reject a proposal for Fridley. He said he was thinking about the request by the R. W. Murray Company of Illinois to build a warehouse. Can we try to get something better than that for Fridley? We are getting to be a city of warehouses, pizza huts and oil stations. ^ Mr. Boardman said you have to have pretty definite reasons for rejecting, such as non-compatible use for the area or detrimental to the safety health and welfare of the area. You might have a case against this request because it is so close to the school. � Mr. Harris said that when Downing Box was being bui�t so close to the school, there were objections, but it still went in. This area is zoned M-2, which is the proper zoning. Mr. Drigans said a warehouse is a warehouse, but when you have a building with 21 doors, it turns into a terminal. He said that was something else we should have in our definitions - what is a terminal? Mr. Harris said to answer Mr. Lindblad's quest�on, it says in Section 208.07 of the Code, "Refusal of Permit: On hearing before the Building Board and on review by the Council, in the absence of proof to the contrary, a refusal to grant the building permit is deemed to be based upon facts supporting the conclusion that the exterior design, appearance and functional plan of the structure as noted in the application papers is so at variance, or so similar, with the exterior design, appearance and functional plan or structures canstructed or in the course of construction, in the neighborhood of said proposed structure, whi.ch are in the same zoning district as the proposed structure, as to cause a material depreciation generally to property in the neighborhood'".. Mr. Boardman said there have been court cases, wh�n denial for environmental reasons has�stood up in court, also. �t _ _ Planning Commission Meeting - August 21, 1974 _ Page 12 /'� — Mr. Lindblad said he thought this particular warehouse could be denied because of all the variances-needed. Mr. Harris said it could be denied on that basis, but not because you don't like the design of the warehouse, when it's in ' an M-2 zone. Acting Chairman Harris adjourned the meeting at 11:05 P.M. Respectfully submitted, / ' -� ' Dorothy enson, Secretary n ^ /'1 BUILDING STANDARDS-DESIGN CONTROL SUBCOAM�IITTEE MEETING OF AUGUST 22, 1974 Chairman Lindblad called the meeting to order at 8:00 p.m. MEMBERS PRESENT: Lindblad, Tonco, Simoneau, Treuenfels, Nelson t�MBERS A�SENT : None OTHERS P.RESENT : Jerry Boardman, Planning Assistant MOTION by Simoneau, seconded by Treuenfels to approve the minutes of the July 18, 1974 meeting as written. UPON A VOICE VOTE, All voting aye, the motion carried unanimously. l. CONSIDERATION OF A REQUEST FOR RELANDSCAPING AND FENCE WORK: LOCATED ON LOT 1, BLOCK l, EAST RANCH ESTATES 1ST ADDITION, PARCEL 10; THE SAME BEING 7620 UNIVERSITY AVENUE NORTHEAST, FRIDLEY, 1�4INN. (REQUEST BY FRANK'S NURSERY, 7940 PENN AVENUE SOUTH, BLOOMINGTON, MINNESOTA 55431). Mr. Joel Rosenthal was present for the request. He said that they are trying to upgrade the present property by removing all of the material that is presently being stored on the parking 1ot behind the wood fence and then remove the fence itself. They would like to increase the number of parking stalls to increase the lot capaci.ty. �� Mr. Boardman said that he would like to clarify the application a � little better. Frank's Nursery has been before this Board prior to this meeting xegarding the remoyal of the fence along the parking lot. At that time the Board recommended approval of the rernoval of the fence as long as there would be no material displayed in the parking lot area and that the wood fence be continued from the west edge of the property to the present parking lot and then continue north to the existing building. This plan is a completely different proposal and if it is to be done according to code they must follow the way it has been 1 aid out on the revised plan done by the City staff. As it presenily stands.the City Code calls for screening along that portion'of the property used for outside display. This has previously been screened by the wood fence that is presentZy exi.sting. I£ this fence is removed and replaced with a chain link fence, for visual �urposes a Special Use Permit must be obtained. Mr. Tonco asked what Frank's Nursery will be doing regarding the screenang of this display area. Mr. Rosenthal said that he would like to study the situation �ore and come up with some design recommendations that he could present to the Board. Mr. Nelson said that this area must be screened according to City Code. Mr. Lindblad also said that additional landscaping should be done on the front boulevard.� Mr. Boardman said this could be used for a good selling �'1 point £or the nursery. However, you must be careful not to encroach to much on the St. Paul Waterwork's easement that goes along Osborne Road. MOTION by Tonco, seconded by 'Treuenfels to table this item until the September 12, 1974 meeting, at which time Mr. Rosenthal would bring in his proposals for screening and landscaping. 1 14` BUILDING STANDARDS-DESIGN CQNTROL SUBCOMM�'�TEE MEETING OF AUGUST 22, 1974-Pg. 2 � UPON A VOICE VOTE, a11 voting aye, the motion carried unanimously. 2. ADDITIONAL EDUCATIONAL MEETINGS Mr. Boardman made a suggestion to the Board that it consider one additional meeting a month to b e set aside as an educational meeting, at which time design techniques, landscaping and the use of materials could be discussed to acquanit the Board of different and new ideas that can be done with various materials. Mr. Boardman said that he would like to have the Board consider this request for the next meeting. � - , Chairmaxi Lir�dblad adjourned the mee�ing at 8:45 p.m. R ctful _s bmitted, _ °- err oardman _ P lanning Assistant � ^ : THE MINUT�5 OF THE BOARD OF APPEAL5 SUBCOMMITTEE MEETING OF AUGUST 27, 1974 �� „� The meeting was called to order by Chairman Drigans at 7:40 P.M. MEMBERS PRESENT: Drigans, Crowder, Plemel MEMBERS ABSENT: Gabel, Wahlberg � OTHERS PRESENT: Howard Mattson, Engineering Aide MOTION by Plemel, seconded by Crowder, to approve the minutes of the July 23, 1974 meeting as written. Upon a voice vote, there being no nays, the motion carried. 1. A RE UEST FOR VARIANCES OF: SECTION 214.053, 2, FRIDLEY SIGN ORDINANCE, TO INCREASE THE M1�XIMUM SIZE OF A FREE STANDIPJG SIGN IN A C-2S ZONING DISTRICT FROM 100 S9UARE FEET TO 200 S UAR� FEET, AND, TO INCREASE THE MAXIMUM HEIGHT OF A FREE STANDING SIGN FROM 25 FEET TO 40 FEET, TO ALLOW THE ERECTTON OF A FREE STANDING SIGN TO BE LOCATED ON LOTS 9 AND 11, AUDITOR'S SUBDIVISION #94 THE SAME BEING 5351 CENTRAL AVENUE N.E., FRIDLEY, MINNESOTA. (REQUEST BY MENARD'S CASHWAY LUMBER, 3221 MOON AVENUE, EAU CLAIRE, WISCONSIN.) MOTION by Crowder, seconded by Plemel, to waive reading the public hearing notice. Upon a voice vote, there being no nays, the motion carried. Mr. Frederick J. Lontz, American Sign Indicator Corporation, was present to present the request. Mr. Lontz stated he was representing Menard's Lumber Co. who is moving into the old Spartan store. Chairman Drigans asked what the hardship is that they need this large of a � sign. Mr. Lontz stated that the sign is divided into two parts; the top part being 96 square feet and spelling aut "Menards" and the bottom part will have a message center on it. Mr. Lontz said the identification sign will be interior lit and will have a dark background with light green letters. The sign:will be double faced. He said the message center will be sYiowing advertising messages. Chairman Drigans said that is where a problem comesin because the Code does not allow flashing signs or message change signs that change quickly except for signs like the one that Twin City Federal has showing the time and temperature. Mr. Lontz asked if it would be allowed if they incorporated the time and temperature readings in with the advertising messages. Chairman Drigans said there is no need for one at this location as Twin City Federal is just down the street. Chairman Drigans stated that there have been quite a few accidents occur at this intersection so he was very concerned about arlding a distracting sign to this location. Mr. Lontz said Y�is company just put one of these signs up in West St. Paul and they were also concerned with it being a traffic hazard. He said their government asked his company to give Lhem a list of the customers who use this type of sign so that they could wr-ite to the Chief of Police and Safety Council in each community to see if �Lhere are any problems with the traffic because of the signs. Mr. Lontz asked if this Board would want to also do this. Chairman Drigans answered that the letters could be presented to the Council if they were available at that time. Mr. Crowder noted that the top portion of the sign could be put up, as it is ^ within the size requirement, with just a variance on the height as they are using the existing poles. Mr. Lontz stated they scaled the poles as 36 fest � high and are asking for another 4 feet for the sign. Mr. Crowder said there should be no visibility problem at this locati�n except from the south where there could be a problem because of the other siqns. Mr. Lontz said the trees could create a problem in the future for visibility from the east. Chairman �� The Minutes of the Board of Appeals Subcammittee Meetinq of August 27, 1974 Page 2 Drigans said he also could see no problem with visibility except from the south because of the other signs. He said he could see no problem with the top portion of the sign. Mr�. Crowder said that when the Ground Round Restaurant came in for a variance on their sign, it was on the size but not the height because of the land grade where their sign is l�cated. He added that the Ground Round sign could be 40 feet high from the centerline of Central Avenue. Howard Mattson said the height of a sign is determined by how many feet above the centerline of the street it is. Mr. Lontz asked if in this case that meant Central Avenue or the freeway. Mr, Crowder stated that this part of the Code is a grey area in that it is not clearly defined. Chairman Drigans asked if any signs will be posted on the building. Mr. Lontz said he thought there would be an identification sign on the building but his company has nothing to do with that sign. Mr. Crowder said for a wall sign they are allowed 15 percent of the wall area for sign area and since it is a large building, there should be no variance needed on it, but he added the Board tries to tie all the signs together. Chairman Drigans said the big problem that is remaining is the flashing or changing message center. He said the public hearing notice did not mention a variance for erecting the message center so the Board cannot act on this request. Mr. Mattson asked how long a message would be on the ordinary. Mr.-Lontz said ^ one or two words would appear at a time and the line could flash 8 times. Mr. Lontz stated that he brought a film along that explains the message center and he would like to show it to the Board. � The film was shown to the Board. Mr. Lontz then explained Menard's are proposing to use the Mark 120 model where the message does not repeat (fast flash) or travel. The time between the line change can be set anywhere from 1 to 15 seconds. He added the one line message center can be programed for 8 different messages that will keep repeating throughout the day. He said in order to change the program, the sign would have to be shut off and it could take from 30 seconds to 1 minute to change the program. He added the unit has a lifetime guarantee which includes maintenance. Chairman Drigans asked if the unit inside the store could be upgraded to a different model to include the repeat and traveling message without changing the outside sign. Mr. Lontz said this could be done. Chairman Drigans said the traffic problem that he can see is that there is a residential street in this area, b� Robert Hall, and he was sure these people egressing from this street would be trying to read this sign. Also the people going into Target and the people on the service drive (coming south) would be trying to read it and he felt i:his would create traffic hazards. He added the service road is not a straight road but has an "S" curve to it. Chairman Drigans read which state; 214.037. General Section 214.037 and Section 214.038 of the Sign Ordinance Requirements 1. I3o sign shall contain any indecent or offensive picture or written mattero 2. No sign other than governmental signs shall be erected or temporarily placed wa,thin any street or public right of way or upon any public easement. 1 ! Tha Minutes of the Board of Appeals Subcommittee Meeting of August 27, I974 ' Page �� 3. A permit for a sign to be located within 50 feet of any street or highway ^ regulatory or warning sign, of any traffic sign or signal, or of any crossroad or crosswalk, will be issued only if: a. The sign will not interfere with the ability of drivers and pedestrians to see any street or highway sign, or any traffic sign or signal, or any crossroad or crosswalk, and; b. The sign will not distract drivers nor offer any confusion to any street or highway, sign, or any traffic sign or signal. 4. The issuance of a permit may also be subject to conditions in order to promote a more reasonable combination of signs and to promote conformity with the character and uses of adjoining property. The conditions will be subject to the discretion of the Building Inspection Department. 214.038 Illuminated Signs No illuminated sign which changes in either color or intensity of light shall be permitted except one giving public service information such as time, date, temperature, weather, or similar information. The City Building Inspector in granting permits for illuminated signs shall specify the hours durinq which the same may be kept lighted when necessary to prevent the creation of a nuisance. There shall be no use of revalving beacons, zip flashers, or similar devices which cause any of the sources of light to change in intensity, unless as noted above. Chairman Drigans added that this sign would have a change in light intensity, near a very heavily traveled intersection, and he felt the distraction would be there in that the people would be looking at the sign wondering what message would be ^ next. After scaling the dimensions on the plot plan, it was determined that the sign would be 140 feet from the street right of way. Chairman Drigans added that the distance from the signals is within the Code. ^ Mr. Mattson stated that another problem would be created by ailowing this sign and that would be that you allow one and then other stores will want the same thing. Chairman Drigans said that Fridley has no major shopping centers but has a number of smaller centers. He said this would be opening the doors for the other centers. He said he could see Target coming in to ask for a sign and saying why can't we have one when there is one across the street, t�ir. Lontz stated they have these signs in the metropolitan area and as far as they know, the signs have not caused any problems. He added that the small shopping centers would not be running out to get these signs because they cost $45,000. Mr. Crowder stated he felt it would be difficult if not totally impossible to show a hardship for this type of sign. Mr. Lontz said that the Code allows a public service message. He added who is to say whether it is a public service message or not. He asked if the public could save money by buying the advertised specials, isn't that a public service message. Mr. Lontz said on the lead sale items, when advertised in the paper, eta., by the time people get to tne store, many times the item is sold out. He said with this sign, the lead sale items could be advertised on the sign only, and then when they are sold out, the message could be changed. Mr. Lontz said that as far as this siqn creating traf£ic hazards, just opening the store will be adding traffic to the intersection and possibly there will be more accidents. He said it is very hard to determine if a sign causes �� The Minutes of the Board of Appeals Subcommittee Meeting of August 27, 1974 Page 4 accidents. Chairman Drigans asked if it wasn't the intent of the sign to draw �� the peoples attention to it while they are driving and be an eye catcher. Mr. ^ Lontz answered that it was. Mr. Lontz added the time and temperature sign has the same effect. Chairman Drigans agreed that it did but added that the people know it doesn't change after they have read it.once. Mr. Lontz said this is not an unpleasant sign. Chairman Drigans agreed that it is a well constructed sign with a nice appearance. Mr. Lontz asked if the Board would go along with the letters from the municipalities that have the signs, if the letters were to say that the sign was not a hazard. Chairman Drigans explained the Code states that the City feels the sign would be a hazard and therefore has prohibited these signs. He added there must be a general feeling that it does cause a distraction for a driver. Chairman Drigans asked Mr. Mattson if this sign had been discussed by the safety heads of the City and what their feelings were on this sign. Mr. Mattson said he had only talked to Mr. Clark about it and his opinion was that it was in obvious conflict with the Code. Chairman Dr�gans informed the Board that the variance for sign area would include the message center. He said if the Board denied the sign area varianee, it would automatically deny the messaqe center. He informed Mr. Lontz that the request for the sign area could be withdrawn until the letters are obtained � and corrected public hearing notices mailed out. He said that if the Board denies the request, and the Council agrees, the same request cannot come back to the Board for 6 months. He added that the Board could act on the two variances and make a recommendation on the message center so the Council would know how the ,/1 Board feels, and depending on the opinion of the City Attorney, the Council could act on all three variances. Mr. Lontz said he would like the Board to act on the variances so that it could go before the Council. MOTION by Crowder, seconded by Plemel, to close the public hearing. Upon a voice vote, there being no nays, the motion carried. Mr. Plemel stated he felt this request was going completely against the Code. He said he certainly is glad that the building is going to be occupied but the siqn is going overboard on variances. MOTION by Crowder, seconded by Plemel, to recommend to the City Council; denial of the variance to increase the sign area from 100 square feet to 200 square feet, solely on the fact tliat the size is based on the addition of a message center,that was not included in the public hearing, and, approval of the variance to increase the sign height from 25 feet to 40 ieet. Chairman Drigans said his feeling is that the Board has to look at the safety factor. Fie said there are a lot of signs in this area and that merely an identification or location sign would serve the purpose. A VOZ`E UPON THE MOTION, all voting aye, the motion carried. � . � �� The Minutes of the Board of Appeals Subcommittee Meeting of August 27, 1974 Page 5 Mr. Crowder said his recommendation to the City Council is that should the public � hearing have included a variance for the flashing message center, it would have j been his recommendation, because there is no basis for a hardship, to deny the ' request. Mr. Plemel agreed. Chairman Drigans stated the Board is unanimous in the feeling that the message center would have been looked upon quite unfavorably at this location. I ADJOURNMENT: i The meeting was adjourned at 9:15 P.M. by Chairman Drigans. Respectfully submitted, � ' � �a : MARY HINTZ Secretary � /'� h4INU'1'ES OF 'I'1IE PrGUI.AR PAR}:S ANn RECRLA'1'ION C01�IMISSION T�tEETING, AUGUST 26, 1974 ,,�, R„ � ri��t��,� was called to order at 7:45 l�.m., U�� Ciiaixman Blair. ^ hSL'h113IiRS PRES�NT: Blair, Caldwell, Peterson MEl�fhl:1:5 t:XCUSLD: Harris, IVag�r . OTI-fEI:S PR�S�NT: John Saccoman, 5460 7th Stree�, N.E., Fridley, 560-6942 Paul $rpwn, Director of Parks F, Recreation Judy {Vyatt, Secretary to tlie Conunission F.Y.F.A. FOOTI3t�LL RULES John Saccoman was present to discuss the minute stop time quarters presently being played Uy the boys football teams. He felt that tlle times were too long, which in turn kept the boys at the field too long. He did not like the boys gettiYig home so late, when tl�e}• had to get up to go to school early the next morning. He felt that the 10 minute stop �ime c�uarters for the Fony and PeeWee Divisio�ls shauld be changed to 8 minutes, and the 12 minute stop time quarters for the Cub llivision shoul.d be 10 minutes. He stated that tlie 12 minute st�p time period could not be played in an liour a�id a half. It was mentioned by Mr. Peterson that last year many of the officials for the game tiler.e late, tllereby delaying the start of the games. � h9r. Brown stated that on the travel.ing fieams, they ar.e losi.ng the heavy Cubs because the school coaches have said the boys can only play on one team or the ot-her., but not on botl�. Actually, they can play on both if they wish. Mr. Peterson men.tioned that only tliree or four Uoys played on botll last year. ^ Mr. Blair asked that tl�e Canmission invite ilie F.Y.P.A. officials to a.meeting to ialk about t}ie rules and regtzlations in general. CITI71;I�5 BIK�iUAY COPII�II'I'TEE hir. Blair stated that he would ].ike to see the Parks and Recr.eation Department make a recommendation on this. He said that �30,000 is in their budget and he �eels they are getting bypassed, because it hasn't come before this commission. He feels t]ley shou]d be getting all pertinent information on the bikeways. fIe mentioned that the bikeiday trails in New Brighton are just the streets. He rec�uested that all information on the Uikeways from n�w on be rouicd through the Parks and Recreation Departme�lt. r9IhU'fES OF 'I'IiE JULY 22, 1974 A�E�TING b40TI�N by Ccz,�cfive.�, �eca��ded by Pe.te�cavn_, �a arran.ave �he M,i.v►.u�e� a� �12e T'cuch✓� a�2d Rec��.e.a-t�.o►1 Ca�r�,n.i�s��.vt� hie.e,#�.c:rzg, da�ed Ju.�y 22, .�974. The m��,i.an cc�vc,i,ed. culTnr, i,rssoNs A9r. 13rown stat.ed th�t the school �vas not interested in furthcring the gu:itar lessons. Iie sai.ci they fclt tliat they gave music lessons in tiie schools and were thcrei'orc not too intcrest.ed, l{e mentioned that they SS1CI they would take it to thcir musi.cal board of cli.rectors. ^ � htr. 13rown st�ated that some educatoi�s fclt that it might Uenefit h1r. Brunkoiv, becausc thesc lcssons woulcl bc veiy cicrnentary and lcss expensive. Thcn, if any of them wanted ta �a to l�eyc�nd the Uasi.cs, they would be referred to h1r. I3runkow. � Dlinutes of the Parks �; Recreation Commi.ssi_on A1eeting, August 26, 1974 � Page � � �. BELR ORDINANC� The t�eer ordinance was discussed. Mr. Brown again stated that, according to the City Attorney, both lic�uor and beer are prohibited on City pioperty. Mr. Blair stated that he would like to see beer permitted where there are pic- nics. Mrs. Cald<<�ell concurred with this. l�owever, she felt that if you enforce this ordi.nance then you must enforce all ordinances. She felt tliat beer is part of people's recr.eation these days, and ii we prohibit it, we are in essence having pr.ohibition. Mr. I3ro►an stated that we shouldn't have beer at tl�e fields such as Commons. Iie said that peop].e are always trying to bring beer into Locke Park, and that we have a continual problern witl� people calliz�g up, and asking that the gate be unlocked so that they can bring in their vans. He felt that perhaps we should have a park keeper t}iere during the day, to lielp keep control of the beer pro- blem, and generally be of help to the citizenry. He me�ltioned tllat during his tenure we. have eliminated the roads in Locke and created a nice atmosphere, and he would like to keep it tliat way. Mr. Brown asked for a concrete recommendation from the Commission on the beer. Mr. Peterson stated that he wanted the orclinance enforced. MOTION by Pe.tetc��n, �secai2ded by Cu,2clu7�, �a e►�Uvnce �he beejc �nd.i,��aneej �:a ��LOlub.i� a,P.�. Ue�c, ��.��e, e,ic. {,tc.vm �he pcucfz� e�eep� LocFie Pa�r.f� wh.i.eh �shau,ed be a.�Cawed �v Fiave 3.2. �4a�,i.vn ca��:ed. � ^ CITY 1��NCING POLICY b4rs. Caldwell asked if a fence is put �p whenetiter an owner requested it. D4r. Bro�vn stated that �,�hen an owner wanted a fence, he would be expected to pay half the cost ancl the City would pay the other half, tiVe would not put up a fence autornatically when we improve a park. He explained that the City �,�ould pay the entire cost of the fence when they initiated it. b9r. Bro�ti�n mentioned tha.t A9r. Qureshi would like to have a pol.icy now, that we can refer to. h�Ur1Ur� Gr� ca,ed��ve,�, �ecanded by Pe,�e�son, �ha.t we c.u�e �he S�a�e S�.c�u�e �a de�e�cm.i.rie. �6�e {��r�av�c-�►1y a{� �:l�e �eilc.i�i�q aU �ah.h� �.n �6ie {yc.�c.vice, a�6ie�. �hav� �:lio�5e �n�e� wliev��.%'� �2n� c,� �l�.e avnJt.c�.F.e p2a►1 �on �lie r�anf� and � ��i�5 �.��o ��he �;une �sc6cedc.�.e we F�ud p.Cav��ed. The ma�i.on c�uv�.t.ed. LL�SE AGREI:AiL'-NT - TF,AIPLE TGRRACE, PLAT 2- TRRGr'I' STOR� D9rs. Caldwell dicl »ot like the lease agreen�ent with 'I'arget regarding Temple Terrace. She stated that she f.elt we were just dressing up their surplus lancl for them. She felt we ti�ere doing tliem a iavor by taking care of this land for them tnitil they need i.t. She said that since it tJOUlCI UC useful to them i:oo, she felt that thcy should do something on it also; either landscape it or help in son�c t,ray. Shc mentioned ttiat she would like to see tennis courts there, whicli �tl�cir. em��loyees could use also. Mr. Ri'OtiJll felt t.hat �C111115 CUUI�S would not bc a good idea, since the space there is limited and tcmtis court.s woula practic�illy fill the entire area, and leave room for little else. tle wants to I�ut in some apparatus and room f�r playgrouna bascUall. 1-fe stt]tCC� L'?l�it WC W�111'C to keep thc clevelopment for the kids. hii�lutes of t:he Park� £; Recreation Commission Tleetin�z August 26,.1974 Page 3 „� �� /� Dir. Brown explained that we are being given t}iis pr.operty to cut down on the owner's vandalism. This way the park will be kept up, look nice, and Ue useful to the kids. . T•1r. 131air asked if this was the only park in the area. Mr. Brown said that ive no�ti� have Jubilee nearby, and Oak 3�i11 Park on 54th and 7th Streets. He did mention, however, tl�at �here is no ball £ield on either oiie of the par};s. . � . MOTTON �y Pe�etuson, beea�ided by �.�a,vt., �ha.t we accep� �Iie .�e.a�e agneemevzt �nam Tah.g�t, a1, .�s. w.i.tEi bo�h a� �lie mev� v��i.ng "aye" ai2d vne eamrn-v��sti�neh va�',i,ng "nay", �12e ma�,iav� ca�vued. , Mrs. Cald�aell. made a recommendation that Target do some improvement on this area, preferably something that would be of use to their employees, but if not, then something that would benefit the neighborhood, because ►ve have budget problems. Mr. Broti�m stated. that this lease is strictly for�the use of the land right now; that tlie plans for the par)c will come in later. NA`1U12AL HISTORY PROPOSAL A1r. Blair asked if this n�emo regarding the Natural History Proposal was just for tlie Commission's information. Mr. Brown replied t11at it was, and that it had been presented to the Council t�eca.use Mr. Qureshi had put it on the agenda. � Mr. 13row�i stated that Dr. Huff was given a$12,000 budget, for the tree program. He said that Dr. Da.n Huff is the new Naturalist/Resour.ce Coordinator and that this proposa.l �aas the start of Dr. Huff's job. He has a proposed park program of his own. Mr. Blaix asked who llr. 1�uff reportecl to i�rhen he wanted to implemeilt a program such a.s the one proposed. Mr. Brown replied that Dr. Huff reports directly io the City A9anager. . The Conunission was concerned a.bout the chain of command for the Naturalist/ � Resource Coordi�lator. They felt tliat he s}�oul.d be under tlle direction of the Parks and }:ecreation Department. As it stands now, we have another separate ciepartment. Mr. Peterson stated that l�e felt we were in essence creating two Parks Depart- ments. h4r. Brown explained that Dr. Huff was liired to do just what he is doing now. !-ie said tl�at this Z�roposal was the sta.rt of it, and that he has to imple- ment as much of it as he can. Mr. Brown statect that when you are given a job likc llr, l�uff has been given, and you are to report dixectly to the City Maiiager, it is between you and tlle Ci.ty [�fanager. He stated that Dr. Huff is just going liis job as he sees it. Iie mentioned tlia.t perhaps Dr. Huff's tit-le should Ue ehanged to Assistant Parks �, Recreatian Director. }ie felt that as Dr. Huff develops these sites, it wi11 still have to be done through the Parks Poreman � and his persamlel. The Commission decided they would li.ke to invite Dr. Iiuff to one oi their meet- ings, as they would�like to meet him. t�'�1 `. ��7'ION br� Pe,ieh�ai2, �ecanded bcJ i.��Ca.ih., �I2a� �hey go �o �6�e C.i.f:y Cour2c.i.e, and c�slz '�lia�t �(ze Na-tevca.�,i�.t be ��u,t unden �l�e Pcvcl� and Ree�cea-t,c:�►i �e�cuc��ne�t�t �50 �ha� we. Izizo�o wlia,l lie �s �cc�.t.�o�c.�',i.ric� a�1d �ulia.t l�,i�s neca►nrne�ldcit,i.a�1� atc.e. �1.i,�1� ba�:li ►nen vo�i.ng "a��e" and ar2e canun.l,bb�.ot�eh. va�i.ng "�ray", �he n�o.ti.�►i c�v�,i.ed. � �r�inutes of the Parks � Recreation Commission bleeting, August 26, 1974 Page 4 �� I3UDGET: Mr. Blair asked the status of the budget. Mr. Brown stated that it is completed at the administrative level. He saici that he would mail a copy of the final report to the Parks and Recreation Commission. OCTOBER AIEETING . Mr. Brown requested that the October meeting be changed to Tuesday, October 29th. The Con�n�ission agreed. ADJOURn't�tENT . M0770N �a adjacvr.►ti �he mee,t;i.►1g a� 4:1 � p.m. The next re�ular mee-�ing will be held on Monday, September 23, 1974, at 7:30 p.m., in the Community Room of Fridley Civic Center. � Itespectfully submitted, � �� ^ UDY ti4YATT, Secretary to the Commission Enclosuxes: Lease Agreement - Target Store Memo/J. Boardman, Recommenciation on Fencing Po�.icy � /'\ n /'1 .�,� A � MEMO T�: Nasim Qureshi, City Manager MEA40 FROM: Jerrold Boardman, Planning Assistant MEMO DATE: August 26, 1974 - RE: R�commendation Regarding the Tnstallation of Fences On Park Property �djoining Residential Prop�rties After reviewing the information irom Pau1 Brown, it is my opinian that the installation of a fence should b� a shared cost only in thos� areas where the adjoining neighbor is requ�sting such a f�nce and the Parks & P.ecreation Carnmission feels that thc reasons for providing a fence vJOUld not warran-t the construction of a fence ai� the total cost to the City. However, the City should take on -�he total cost o� �he f ence in tt�ose instances where the actual layoixt of the park causes a danger to the health and welfare of the neighhor and there is no reasonable alternative for solving the prablem. The City should also bear the �uZl cost of fencing in -those cases that the Park Dzpartmen� and/or th� Planning Department feels is necessazy in the design of park praperty. This should have the� approval. of the Parks & Recreation �ommission. The type of fenciriq should be r_estri.cted i�o chain link fence unless for reasons of spccial design criteria set u� for a speciiic park by the Parks Department and/or �he Planning Department. JLB/de � � � . . . �� / 1// /' A .. .. � . . . . . . . . ^�-11.:..�.`�t.! _ . ERR�LD L. BOAKDi�1Z�N I . T • � 3..�3 ' � _.- . L�I�.S� AGP.E�M�NT . .� TllIS AGR��MENT is made and entered into this day of � , 19 r by and between TARGET STORES, INC., a Minnesota eorporation, with an office at 777 Nicollet Mall, Mini�ea- polis, Mznnesota, hereafter re£erred to as "Lessor"; and the City of Fridley, Minnesota, whose post office_address is � hereafter re£erred to as "Lessee". . �.. PRFI�ZISES • . For and in consideration of t::e rent herein agreed ta be paid to •Lessor by Lessee and the other agr�ements, covenants and stipula-° �ions herein made by Lessee:, S,essor her�by leases �o the Lessee ^ the real�y and personal property located in Anoka County, MinnesotaP and described as: � � That par� of Lot l0 in Auditor°s Subdivisi.on Noa 155, Fridiey� �aolca Count_y, described as follows : Commencing at the N� corner of'Temple Terrace, Flat 2, Fric��.�yr �1.i1oY.a Caunty; thence NII9°05 ` 3i" C�d and along the South 1.ine a� said Lo�. YO a�istance of 18 feet to �the actual point of beginninqe Thence: N 6°14'53" E 39.9� feet to a poin� for curver Thence: Along a curve to the righ�L �aith radius af 314.94 . feet� central. angle of 10°52`58" a distanc� of ' S9.82 feet to a point for a tang�x�tial curve; Thence: Along said tangentia]. curve to the right �,rith radius oiE 2�I7. 2II feet., central angle of 40�00' 00" a distance of 172.63 feet to a�oint for tangent; Thcnce: N 57°07'5I" E 70.6Q�feet to a point; Thence: South 274.3G �eet to a point on the South line ot . n saad Lot 10; . • � . � . . a3.0 . . : .. . . . � r � - . � . . � � � .. . � . .. - . � . Agreement • . . . . . � . page 2 . . • • . � . Thence: N 89°05'37" �� and along the South line of said . I.ot 10, 177.39 feet to the point of beginning and containing 34,769 square feet. 2. �RIM� LEASE � ._ . � � This Leas�.is subject and subordinate to a lEase (herein re£errecl to as the "prime lease") by and between The Minnesota P�iutual Life Insurance Company, a Minnesota corporation, designated Lessor, . and Target Stoxes� Tnc., a I�tinnesota corporation, designated Les�ee� the Landlord herein. The Tenant herein agrees to com��ly with the �erms and provisions of the said °'prxme Zease", insofar as the a�oresa�.d "prim� lease" ap�,�li�s to �he premises herein leased �a • /"� the Tenant herein, provided however, that the Tenan�t herein shal7l no� be 1�_abl.e �Eor any payments required to be made under the a�Core�° said "prime lease'°� - . � _ 3 . I2ENT _ As a ta�a�. zental �or the use and occupancy of the tract herei,n de-� mised, Lessor agrees to accept and Lessee agrees �o pay a yearJL� rental o� one dollar ($1.00). Such rental shall be paid on or before 'the 15th day of July in eac�i year in �=hich t�iis 1.ease is 'in effect. Rental paymen�s shal�l commence in,July of 1974. 4. TAXES , � ' � Lessee agrees �o pay all taxes that may be assessed l�y reason o� • ' . � ' its use of the progerty. � �• ', , . . . . • . . r '. ' • � , � � � . � � � a . . . . . . � . � � ' � ip . .. . � • � � . � . . . . • . . . ' , . • . .. . . . � � . � - . � � � � . . . . . . . � . , ! . . �greement; . ' .: . , , . . Page 3 . . ' . ' . • , . � . n. . . , . � � � 5. IND�MNII'ICATION . � . � . Lessee hereby covenants and agrees to indemnify, protect and save Lessor� i�s successors and assigns, harmless from any and a].1 ac�ions, claims, demands and liabilities for any loss, damage,. � injury or any other casualty to proper�Y (c,rhether it belonga �to either of the parties hereto or third persons) and ta pers�ns (w�iether third persons, or employees of Lessee or of Lessorj caused by, growing out of or happening in �ny way in connection with Les� ' see`s �ond�ct of said business or use and occupaney of said premises� whether due to negligence of Lessee, Lessor ar otherwise, Lessee �urther agrees that during the ful�. term and contim.aanc� ot �his . � lease he w�.11 procure and carry at hi� sole cost and expense, and in a good solven� insurance company authorized to do business in the State of Minnesota, comprehensive generaZ public liability ' insurance insuring 7Gessee and Lessor �'rcm and against all such claims, demands and liability hereinabov� set fari:h. The limits of '�he insurance coverage for bodily injur� (including death) shal�l not be less than �ne ��und�ed Thousand Do11ar5 ($100,00�°00) per person, nor less than Thr�e Hundrec3 Thousa�xd Dollars {$300FOOOeO�) per ac�ident and the limits o£ the insurance coverage for property' damage shall not be less than One Iiundred Thousand Dollars : ($1Q0,000.00) per accident. The insuranc� company and form ot ' policy are to be approved b� �essee and Lessor. Lessee shall pro- vide Lessoz� with copies or cer�ificates of said polici�s, includi.ng n � an endorsement which states that•such insurance shall not be can-° ce�led except after ten (10) days' wril:ten nc�tice to Lessor. . � • . •� I .' � . • � 3 . . . . , ' Agreement � .• Page 4 . . /1 ' • . • � 6. j�Ti�IV�R OF IMMUNITY . , . - . Lessee agrees to waive its sovereign a.mmunity, whether such be derived �rom statutory or common 1aw, with respect �o any claim or action by Lessor or The Minneso�a Mut�ua�. Life Insurance Company, against Lesse�, arising�out of Lessee's use or occupancy of �lie _ premises or th� terms o� this Lease, whether such claim or ac�ion b� directly for the benefit of Lessor o�: The Minnesota Mu�ual l,��e Insurance Company or be �y way o� indem�ificatian. • _ 7. WA� - • � . ' . Lessee agrees not to permi� or suf�'er any waste or nuisance on � 6 �� said premises, to keep said premis�s in a cican and neat conditian, , to k�ep al]_ sidewalks iree and clear of ice and sriow, and at�-ier- � wa.se. �o compl.y wi'ch aZl applicaLilc ��dinances and rE�gulationv and not to p�rmit the violation of an� s�a'ce ar federal I.aws upon saic� . premises. , . $. CONDITION OF THE PREAiISES • Tt ns underst.00c? and agreed that tlZe premises are leased in their � . present eondition without any warran�ty on the part of the Lessor as �o the condition thereof. Lessee agrces that any gixtures, app�.ianc��► � and furniture installed or to Ue installed ior the conduct of l�is business therein and tliereon shall b� installed and maintained uy • � Lessee at his sole cost and expei�se, and a'� the expiration o� this ' Lease, Lessee iurther agrees to remove said fixtures, appl.iances and furnitui:e frorn said premises and to restore sazd premises �o the . � •� . .�. : ; . . . _ . �3,� I�grcement ' . . ' .: . . • � . Page 5 : . � , : .. . /'1 � : . . . . , � same condition that they were pri�or �co �he ins_tallation of said - fixtures, appliances and furniture, xeasonab7_e wear and tear . excepted> , . _ � � 9. US� ' . , . � ' � . It is understood and aqreed �hat said premis�s are leased to � Lessee for the so�e and only �urpose of beir�g used by Lessee for pubZic recreation. L�ssee agrees not to sell, vend or dispense, tahether or not for valuabl� cansidera�ion, any foad, beverage, or . of:her item or art:i.cle or goods � of� any kind on the premises o n . . lo. ��ROV��rN�rs . : . : . ' 3Gessor wraLrants quie�. and �eaceaUle ��ossessio�� of: the premises . {:o Lesse�, subject to the coven.ants �nd conditions herein coxit�.ii�ec�� nuring �17e term oi this Lease. Le�see shall. mal:e no improvemeni.� an . said p�emises withaut first� securing I,essor's wri�tten consent �Lhe�et�o lI. COI�TI7�MNI�TI:ON xf during the texn� of this Lease, �iaceedings are institu�ed for � � the condernnation of any of tlze tracts or parcels o� rcal estate demisecl hereunder, or if any owner oi' any trac� or parceL Ii�rein detnised shall dispose of. ariy of said �racts or parcel.s or any part thereof, either voluntarily or involuntarily, in order that.the ' ^ same may be devoted to any pub].ic use, thi� Lease shall, at the • option of Lessor and upon written �zotice �o Lessee, forthwitli • � . . . . • • . � . . Agreement . Page 6 , .� b.�. . : . � � ��• �, � • '. . , .�'`` � , cease and terminate as to th� a.�fected tract or �arcel; and Lessee shall not by virtue of the within Lease b� entitled �o any damage, award o�- �urchase ��rice, or any part of either, which may be paid on account of such cor7c?emnation or sale. In the event of such condemnation or di.sposal of any �ract or_ parcel as hexein set ouic, rental 'sha11 abate in accordance with an amoun�. to be mutually agreec� u�on. . �� . � I2. TE�tMINI�TZON OF PRIASE LEAS� - �In th� event that any or aIl of the r�al propert� herein demised axe �ield by Les�or under the terms o£ a:Lease or leases £rom ihe o�,*ners t�iereof, and such Iease or leases terma.n�te for aray reasonA �his Lease sizall the.�eupon autar«atically �.ermina�e as �o t�he f.�a�t or tracts ana personal property affec-�ed� and nci�her party sha�.l. become liable to �the other in damages I�y reason o� �such tern�i ri�.�i.ono In ghe event of such termination, �'enta� �Y�all abate zn accordance> tvith an amount •to be mutual�y agreecl upono . 13. SIGNS Lessee ' agrees not to erect or place o�: perrnit �o be erec�.ed oa� to be placed uPon sa5.d nr�mises or the imp.r.ovemen�s ther�on aa�y signs or acivertising matter withaut the written consen� of Leasor. 1� . RIGiI�r or rN°rr�Y � — Lessor res�rves t2ie right of entry £or its representatives, agentsF And employees for tl�c purpose of examining and inspecting said pre-- ma.se5 and any proper�y o� �h� Lcssox�'s 1.acat-ed �hereon. . � .+ • �- � . ' . . .. . � � Agreement � . . , , o�: _ • Page 7 . . � .. , • �� .. . � � . . • 15. 1�SSZCNti1r�vT ' . . , � This Lease shall not be assigned in k�tia?e or in par� nor shall said premises or any Part thereof be sublef�p nor shall any right� or privilegns herein grant�d to Le�ssee be sold, transferred, mort-� gaged or assigned or in any manner encumbered, 16. TERMT2vTATI:ON BY L�SSOR � � The failure o� iche Lessee ta pay promptly when and as du� any and all xentals due hezeuncier, or the vialation by �he Lesse� of any other provisions coritained in this Lease shall give rise in Lesso�o • at its option, the right and privilege to cancel�and �erminate ^ tchis �ease•and shall. entitle Lessor to t�ke possession oL said premises ana all,improvem�n�s �here�n at any tim� a�ter ten (IO) days' not5.ce �.o Lessee, or Lessar may etect not ta cancel and termii7at� this L�ase and hold Lesse� lxable for the unpaid ren�hal:y due duri.ng the balance o£ th.e term O�' th:i.s Leasee 17. �or_ xcr . A1�. notices giv�en liereunder sha11 b� a.n writing by United �tate� registered or ceri:iiied mail, pos�age prepaid, addressed to th� paxty to be nota.fied at such party's address as sho��rn in this instrument, and the date upon �ahich such notice zs so mailed shall be the date o� service. � • � �� /'1 . ' � . . � . : . ., . • . � , . . _ , . , . . • �. . � . . t� � . ;�. • . .Agreement . • � . � � . 073—�.` � . Page 8 �: . ' . . , � • • . r'� _ . . . . . � • ].8. FULL AGREEAII:NT - , . � , ' This instrument shall be binding upon the parties hereto, their heirs, personal repr.esentatives, successors and assigns. This � a�reement, contains aIl the terms, provisions and agreements between the_parties hereto concerning the Ieasing of th� above ` described premises and the.repair, maintenance and upkee� of the improvements and equipment thereon, and any oral conditions oi � understandings at variance with or in addition hereto are void ancl of no eff�cta � . ' . xN WITNESS W%iERLOF, the par�ies hereto have executed this instr�z�- ��ment on tfiis the day and year fiist.above written. • , ^ : : . CITY OP �.RIDL�Y, MINNE50TA � TARG�T STORES, TNC. By � gy � ' Tts •Tts � . This instrument drafted by Target Stores, Tnc., �tinn�apolis, Minneso�a. STATE OF MINNESOTA) )ss. . COUNTY 0�` IiENNEPIN) . � • Th:e goregoing instrument was ac}cnowledc�ed before me this ` . day of . .? 974 2�Y of Targ�t Sto.res, Inc. , . a Asinnesota corporation, on behalf of �.he Coxporation. Notary Public . ST�1T� OP MINNESOTl� ) � . , . . . )ss. . . COUNTY OF ) - � . The forec�oing instrumen� was acknowledged before me ttiis day of , J.97�, by � on behalf of , the Ca.ty ot Fridley, Minnesota. . o ary �u zc ` • : . � , � OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE PLA.'�TNING COMMISSION 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, September 11, 1974 in the Council Chamber at 8:00 P.M. for the purpose of: Consideration oF a Propased Preliminary Plat, P.S. #74-05, Rice Creek Estates Second �ddition, by Edwin �. Dropps, Pine Tree Builders, being a • replat of Lot l0, except the North 260 feet thereaf, �„` Auditor`s Subdivision No. 22, lying in the South Half of Section l3, 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: August 28, 1974 September 4, 1974 EDWARD J. FITZPATRICK CHAIRMAN PLANNING COMMISSION � :�'� °' u CI'I'X QI� rRIllLL�' . M h1TNN}:SO'I'A 'f . PLANNJNG ANll ZON11�'G 1�0i2�'�9 - � Nt�mbcr p_�_ #74-05 APPLICA;��T' S SIGNl�TUR� Edwin A. Dropps Address 8415 Center Drzve 55432 • Tel.eplione Nwnber 784-6011 P1:01'�lt'I'Y Ui��EIt'S SIGNr1'1';12L' Pine Tree Builders Address Telep3lone Number 0 TYPr Or RLQU�ST � tiezonin� � Speci.al. Use , Permit � Aj7p�•oval of �— Prel.iuiina��y 1'1c,; Apin ova l. of Final Plat Sireets o�� Alley Va.cati.oiis Othcr ' . Street L,ocaL-ion o£ Pzoperty .Between 61st Ave. & Rice Creek Road, W. of Benjanlin Le�a.l llescriptio�i of Propei•ty Lot I0, except the North 260 feet thereof, Auditcr`s Subdivision No. 22 /"\ . Present Zoni.ng Classification R-I Existing Use of Property Vacant . Proposed Zoning Classification, Special Use, or other rec{ues�c Describe bricfly t11e 'I'ype of Use a.nd Improveme�iL- I'roposed 22 residential Lots �Acrea�e of Proper�Y;r � Has the I'resenL /�pplicant I'reviousl.y Sou�}it to Rezone, Plat, Ob�ain a Lot Spl.i.t, Obtain a Variaalce or Special Use Permit on the Subject Site or Part of It? lYllcn? {Viiat was requested ree L�lclosecl$ � Rec. No.6q�� Date Pilcd � � Date of licaring � , 1 �� ;�t�zi,� �►.ar� zoNZrac Fo�,rt t�t?1�b�r F.s. #74-05 " PACi; � �� pderei�ned underctnnds tha�; , •' ^ . (a) A t�r�t of ull resid�nto �nd �n�ra �� n- � perty wtfhin 3G0 feet �ust t�� pttoel�eciy (� � this a�rlicacion. ' • (b� This cpTslication c�ust be �A�;;��,c1 i,� r:IL owners of th� praperty, of r.n e: ��.�n:�Cg�:� ' ES.vr�n uF�y thia �o not the �p�c�, . (c) E2es��nsfbility for �ny� c�ei:r_ct ;[q the ps�r� ceedirr�� resul.ting fro� the fa£i�re Ccy �.�:rfi ' the nFltn?II t�nd a3dre�sea of pa� �e��ren�:,^; . ncad p��operty o�rr�ert� ok' pro�se�ty ea�tf3-;t� ;.;;� f�et of the pro��rty �n questkon� b��o,�;;t� � to Che u�dcrs��necl. ' k:�=p��c��c �nc� C:an�rg af �'ro�ser��► �ithii� 300 fcet:' • �':�ZSO�tiS ltI1DRF;S5 • ��. �. � See attached sheet • '�""'°'"�"` — - - (notified for Plats & Subs} "� -- Mr. & Mrs. Theilmann TM-- - Mi lrr� �l' R�nnnn Roland Goodroad • .�..� � �-�•�---------� :�---�,� ._�.�....._.:...�.._.___�- �:.o._.P, .►-.-- �.- T . ' � Sif�til�C� kl� �GN 0��'�± 6 � " ' . . p prop,,rt} and �truccure c�uaC be dro��n an thcs bt�ctz o£ �h�,� ��'i'i pa t��tacli�d, showing ttie following; I, tioFkh pirecti�n 2. 1.,�craCio�t af £trapo�e�d �t�uctura ��a la�. 3. I�t_�enstons af pra��rt�+, � ropo��c3 ' �Eructure� �nd fron� z�nd sfde ��t.t��;�3� . � 4. Strt�et F�a�es 5. Loc.�tfon snd uae of ed jacer�t e�;ft;�i.n� t � buildin�s (uithin �QJ ��er.} . a"'ra� 4nc3e��z'ed hereby daclar�� ttint oll the tg �snd re��ecen[�t€c�ar, �tme�ci �;� ��.E� c��pliene�on e�:� e�u� An�l eo�r�ct. ��A; � July 31, Z974 � �.� ` S�Gi�A%liriE ` -!�.l.e �`� ��., �� '2!� (Arz�,rcn.rz�r} . � � �t � Si � �.} y� ff' (l�rcvad ti�aiQd Ry thct �oagd o� Qg�,e�6� .�.._.-.---- fit�I��acC .�o CI�e �a1lo�in� Canditi�n�; • . . . pe �� ' �F,��ov�d Den�ed �• by ehe Pltnntn� Cc�isffifon on ^.�ub,��t Co the ?',c�lla�ain�, Canditiann; � �Cc�i �`��°`°�d• ��"ied by tEse Cat�ncLl on ��aU�act t� �hc I'qlko��in� Con:titiona� • .•-r . . dACw � •, �'oz�a i'G �(}0 . f 0 �� j �`�� . I (, . `r ! c _ ; `• .: � ' a �! r' r., .�,;• �' �.rJ . t � � �.-r . i: i/r . J,' Jt•5/..I .ff. \� � � � .��s.� i Gc11/ni G�o/�.• . . `� ' � I �:� Q � t% , � '�' + j�2 r . 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C�°'_^on tiorY..v:��t�: r. :�� °_o ;e] n:c c� ':i�.�=�:pol.is Qn_e.�tCil'G_ O:ri.l:° e:,: .; o= Plvia G. CGI'LSG:: . Cy Tts B�{ 1 T.'_ 52l.^_ CF �:iii."�.--�^OiA coa�:;: oF Rt<c�u . The�:ore.r,o?ra instrurent wzs ac'r.nowleZ�?d b A.�. 19�4, by A.ichcrd i:. -Ca: leon, C. Carisen. SC41� � l� ` 10�� • Oe�Wes Iron Nonvment Beari�gs Snown h�e Aswmut - � u+;�,ty n�e o�a;�,v4� Eaz...,��ts sr,4.,..� zr.�, : Vta�•y f aa:.,»e ''"""'.�t'"" C�_..�.��s The W�dth Sc�n9 As Snd�avted � RICE CREEK ESTATES +�' 0 r � . •, � � � � PLATS & SUBDIVISIONS- STREETS & UTILITIES SUBCOMMITTEE MEETING AUGUST 14, 1974 PAGE 1 CALL TO ORDER: Chairman Harris called the meeting to order at 7:30 P.M. ROLL CALL: Members Present: Members Absent: Others Present: .'� Harris, Meissner, Christensen French; Forster Darrel C1ark, Community Development Administrator APPROVE PLATS & SUBllIVISIONS-STREETS & UTILITIES SUBCOMMITTEE MINUTES: MAY 15, 1974 MOTION by��Christensen, seconded by Meissner, that the Plats & Subdivisions-Streets & Utilities Subcommittee approve the minutes of the May 15, 1974 meeting as written. Upon a voice vote, a11 voting aye, the motion carried unanimousZy. 1. CONSIDERATION OF A PRELIMINARY PLAT, P.S. #74-05 RICE CREEK ESTATES SECOND ADDITION, BY ED%TIN A. 6F'-F,S-r-�7f� .A PINE TREE BUILDERS: A replat of Lot l0, except the North 260 feet thereof, � Auditor's No. 22, located between Rice Creek Road and 61st Avenue N.E. Mr. &�Mrs. Edwin Dropps and Mr. & P�lrs. Theodore Theilmann were present. Mr. Clark said that when this Subcommittee looked at this plat before,'it was alI one plat. It was divided into two phases later, because there were some title problems with this phase of the plat. There were not too many changes made since the originaZ plat. `The cul-de-sac was further to the West on 61st Avenue. The people who have 300 �eet deep lotsfacing Ferndale said they did not want to split their lots, so there was a lot af objection to 61st Avenue going through. These lots on the plat will be served by a cul-de- sac on the extension of Rice Creek Drive. � There are some problems in the grades in this cul-de-sac area. Mr. Clark said that alI but two of the stipulations that were put on the platting of Rice Creek Estates shouZd be put on this second phase also. The stipulation that the slopes had to be three to one � should take care of any problems with the tremendous drop in grade in the location of the South cul-de-sac. Mr. Dropps said that as far as the difference in grade at the eul-de-sac, they could cut the back property line down 10 feet. This is the highest point as�far as drainage is concerned, so he didn't think they would�have any problem with surface drainage if the cul- de-sac area was built up. �. . Qlats & Subs.-Str.� & Util�.� Sub.' Meetin� _- August 14, 1974 Paqe 2 Mr. Meissner said the little stub road just west of the cul- de-sac looks like it is a dead-end.� Mr. Clark said this would line ^ up with a road that would go through when Mike O'Bannon developed his property to the west, which will be Phase III of Heather HilTs. /'1 � Mr. Meissner asked how they were going to plow that stub. Mr. Clark said they probably wouldn't plow it. No one on this plat will need it for access. Mr. Dropps said the sewer and water would be stubbed in on this dead end street. � Mr. Clark said Mr. Dropps did not intend to develop this plat until next spring, but he wanted to get all the public hearings on the platting out of the way before then so the contracts for the streets and sewer and water could be let. � Mr. Harris asked if the sewer and water were available. Mr. Clark said it was in on Benjamin and the grades were checked"at the time of the first plat, and it will work. Mr. Harris asked about the balance of the�park property. Mr. Clark said he thought the same values would be used as in Phase I,, but this was also a stipulation and was something that would be worked out with the Council. Mr. Harris asked if all the lots in this plat met the minimum requirements. Mr. Dropps said they all met the mi.nimum of 9,000 square feet and were 75�feet wide at the 35 foot setback line. Mr. Clark said that Mr. Dropps needed the triangle off the southeast corner of the Theilmann property f or Briardale Road. He said that Mr. & Mrs. Theilmann were at this meeting. Mr. Theilmann said he didn't think this involved him because the last he heard they were going to build houses on Benjamin. Mr. Clark said this was true in Phase I, but for this plat, Briardale would have to go in. . Mr. Clark said that at some later date, th� Theilmann's would need more width to develop their property into 75 foot lots. In platting the first plzase of this property, a 16 faot strip was left that would be available to the Theilmann's so their lots woulci meet the minimum requirements. It was hoped that the developer of this plat and the Theilmann's could,work out an agreement on the land trade. It.should be up to the developer to negotiate with the Theilmann's for the trianglqleeded for Briardale Road. Mr. Dropps said it was his feeling that everyone should have to dedicate land for a road needed for access to their property. He said they had dedicated road easements on their plat, and the Theilmann woUld need thi.s road for access to their property when it was developed Mr. valuable plat. Theilmann said he thought this;3� foot corner was just as to them as the 1C foot strip was to the developer of this � � Plats & Subs. Str. & Util. Sub.'�Meeting - AuQust 14, 1974 Page 3 � � Mr. Clark said he would be avilable for any negotiations between the two parties, if they wanted him to be present. • Mr. Harris said it would be best�if the developer and the Theilmann's could come to some sort of an agreement without the City becoming involved. If the only way the right of way for Briardale could be obtained was through condemnation, it would add greatly to the cost. Mr. Clark said this right of way could be obtained in this way, and the Council might approve the platting of the Theilmann property without the l6 foot strip. He didn't want ei�her party to think they had a club to use on the other. Mr. Meissner said that by approving this plat, they were not forcing an agreement between the two parties. Mr. Harris said he thought there was an intent for agreement, and he thought that was all that was necessary at this time, in approving this plat. Mr. Dropps said that if Mr. Theilmann would put a square•footage valuation on his property, they could use that same valuation on jiis property, for purposes of negotiation. Mr. Meissner said_this plat is almost the same as what they had considered before. There were still the same things to be concerned about, so the�same stipulations would apply. MOTION by Christensen, seconded by Meissner,. that the Plats & Subdivisions-Streets & Uti.Zities Svbcommittee recommend to the Planning Commission approval of the proposed p1at, P.S. #74-05, Rice Creek Estates Second Addition, by Edwin Dropps, D/B/A pine Tree Builders, a replat of Lot 10, except the North 260 feet thereof, Auditor's Subdivision No. 22, Zocated between Rice Creek i�oad and 61st Avenue Northeast, wit he following stipulat.ions: 1 . � . e ✓2�I�n..l� ��G�"'� � ii�i-� ; g street ded.ication from the Theilmann`s for the extens.ion of Briardale Road. 2. Subject to negotiation with the City for additiana3 park 1and. � . . . . . . . . . 6 � . . . . . . .. . .. 3. 4. Provide underground utilit.ies. One tree planted per 1ot, 2" minimum diamefer. 5. Grades to be worked out with City Engineering Department. 6. Lots that have grade difficulties with a three to one slope after the grade is established, be sodded within one year of compZ e t i on .°��IC-c�� Zrsxc� •� G'vy--�-✓ �' �u/� 7. Woodside Caurt be temporarily dead-ended on the Dast and � West side of the Theilmann property 1ine. � . _. __ � _ v� ,;:.�.�� . � /'1 r1 • Plats & Subs.-Str. & Util. Sub. Meeting - Auqust 14, 1974 Paqe 4 � � � �� . r_ • 8. A11 Lots must meet minimum lot size and have minimum front ootage and depth. e�� ,?� w0�� `�n� 9. After the grades have bee ed by the engineers, the pZa e o the Planning Commission before Coun pprova . . Mr. Harris said he wauld like to have an engineering determinatian on the lots to the south before this came to the Planning Commission. Mr. Dropps said he thought that could be done. He would check with his engineer. Mr. Harris said he would like to see al1 the stipulations complied with before this went to Council so there were no loose ends. UPON A VOICE VOTE, a11 voting aye, the motion carried unanimous.�y. 2. REQUEST FOR � LOT �SFI;IT,� I�.S. #74-15, RUBY M. ANDERSON: Split aff the 5outherly 138.5 feet of Lot 16,, Revised Auditor's Subdivi�ian No. 10, to make a saleabZe lot, lo"ated at 69th� Avenue and Old Central. . Mr. Blaine Edmu dson, represen ng the petitioner, and Ruby Anderson were presen . Mr. Clark said t�at both r�sY�lting parcels were far in excess o� our minimum requiremen`ts. The ovaner of the front lot, the one facing 69th, would have to gr�:nt an ea�ement on either the east or we�t 1ine, for sewer and water. I� would�depend upon whether or not this could b� in the same trench if th's ea/}�+�fement would have to be 15 feet or 20 feet. . �� ./- � L � ; Mr. Clark said that Edmundson was going �o check the setbaci�s �' of the houses east of this�property. They are far in excess of the 35 foot minimum setback requ rement. This was to determine if a house could be built on the front l t without a variance. Mr. Edmundson saidithe hou e that had been on this lot had a setback of about 75 feet. The house on the fourth lot �own has � a setback of betw�en C�O to 62 fee�, He thought the only way they could build on this lot without a v�ariance would be to face the house on Central Averiue. Mr. Clark�,said that if this house faced Central Avenue, the,�setback requirem�nt would be reduced in half for the sideyard se�Eback, so the setback would be 35 feet. Mr. Harris said he wou'd then have a front'and sideyard setback of 35 feet. � Mr. Clark asked Mr. Ec�.mundson if he coald draw up a plan for a house that could �e built on this lot wit�o�it variances. Then if this lot split was approved by the Planning Commission and Council, they would l;now that a house could be built on th's lot, meeting the requirements. ' Mr. Harris said the house that would be built ori the part of the lot being split off would have to face Central Avenue anyway, and it _ ._ . . _� - ... _, � . _-'�� 1 i`1 .�� OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: Natice is hereby given that there wi11 be a Fublic Hearing of the Planning Commission of the City of Fridley in the City HaII at 6431 University Avenue Northeast on Wednesday, September 11, 1974, 1974 in the Council Chamber at 8:00 P.M. for the purpose of : Cansideration of a xezoning request, Z�A '#74-04, by Henry F. Muhich, to rezone Lots 11 through 21, and Lots 28 through 37, Block 4, Spring Brook Park Addition, from M-1 (light industrial areas) to R-1 (single family dwe11- ing areas) located in the South Half of Section 3, T-30, R-24, City of Fridley, Cot�nty of Anoka, Minnesota. Generally located between 79th Way N.E. and Longfellow Street and Ashton Avenue and the railroad tracks. Anyone desiring to be heard with reference to the above matter will be heard at this meeting. Publish: August 28, 1974 September 4, 1974 EDWARD J. FITZPATRICK CHAIRM�N PLANNIIrtG COMMISSION ,t : �,' ;J � ;' r� v -r � -%� �� _ y��, f.y� : � � C'.c�,,� "T�...,� c;.� .,:fc/�-L' `-t, Q � rGG-t'.,^..i `�/� " �-r�s- �...i A.c'/r�t/ CTTY OF FRIDLEY �� MINNrSO'I'� � PLAI�'NING AI�ll ZONIhG FOlt��i -. Number ,� ,� �Q� . . _ . . ., APPLICANT'S SIGNATURE � Address_ ��'Q tj✓ rC��Ca��-� � � � ! , O ,�,i Tel.eplione Nwr.ber g� -^ 0O �"' PROPERT'1' OiY�,'ER' S SIGNAT;IR� `� �L,!o�� C'�t Address/!3� ,� nZ.�,.�--12f� . �..s�-�yc.'_'l �, y� �� '�! � TYP� OF R�QU�ST c�'� -�' Rezoning Special Use Permit Approv�zl af Preli�nin�ry Plat � Approval of Final Pl�t Streets or Alley Vacatio;is Other , -- _� -5 �%�:1 / � �- . Telephone NumUer �� Street Location of Property�� ,� y�? ,� O�.�.��' �� C� 0 Legal Descriptio�l of Property_ �O'��,r --- 3 %v� � 2 — �,�d ��`C,.�, „7�— 7" � 7"� D�'" %� �t' O'�/�� t� —� Y/ � P � -- '1 —_"" � _� � o�a C'a�� `7�,� -- �I/ � .� Psa7�� Present Zonin� Classification �% � �7•t �U,g�ry� � a � — �_ �� // � o7-S �/�.� C tr0�'A�uT� acc v P��f� � Y S/.tiGi,E EAHi�t Y Existing Use of Property /c7 ,Car-s �tRE V�(�'�+N�' ��/D�'ti�'s Describe bricfly the Type of Use and Improvement Proposed � S/ "yt g�C,P /�R �-x /�`/ � e S/ P E� ?P �" F' F/�/ �Rvi'c�rY—�cars 3l�-3�-�c�) ��i�� .�ss r��t� Acreage of Property_%c71°-,�. [. �.,PF, �, Co,�l1�E�c'.FD -- �� d Z/-� �f?ES I-las tlie Present Applicapt �P �� frl,� E Previously Sought to Rezone, Plat, Obtain a Lot Split, Obta.in a Vari�.nce or S��ecial Use Permit on the Subject Site� or Part of It?� :--_ {Nlten? _ . {57iat was requested `—"--- Fee �nclosed�'�Rec. No.� �� Date riled •�`• 7� Date of tiezring �� 7'� ' '- #'�N�t.� �kNt1 ZONTitG FO;.M t3t�+b� r j d�'i •� l�—O � � "'"�. ..,....,. � '� � 0 0 ' �ac� � :�� i t�z�d��1�r►ed underclanc3s that; (a) A li.�C of all rccidentA t�nd ownera Q¢ ��° j.�TQ- perty withfn 300 feet wusC bs ptCocl�et� �;� th:�s a�plication, - (b) This r�pp��,�ation ClllSt be ��;nad by aII ' owners of the proper[y� o� tn c.n�.Ans�q,Q�t ' �iven wi�y'this io not the ca�e. • �c) Responsibility for sny cfeiect fn the p�o:- ceeding3 resuT.ti��; �ro� tt,e f�r�Iq:e Ea �:�rr the namea t+nd addre�ses o¢ �II, reairicnC� �i�nd property ow<<erb of praperty c+1,�i}t;� ti�.�� €eet of the prop�rty �n qucat�on, ��LQ�;� to the undersi�ned. ' ��4�d4i��R aad Ct��ners of �ro�er�; within 300 fcet;� . Pi:RSOi:S ADDRESS , � �� r�� ...�.._._._ _��' ,o, � � �� !n � � � �.`...-�.�..,� / ✓r ' � _ / 7 � ..� � _ D� . _ . c�,.s \ _ ' r„� _ ... . v � �_., � p�qtcir a¢ propased propert}� and structure c�uoe be drown on the b�ck a� th�a ��'� �� mt�aCh�t°, sha�.�:ng the follo„rin�; 1. ,�o�cth Direction 2. Locntfo�i of f*ropoged ScruCture ea 1Q�. . �. Di.bcasions af prap�rty� �rot�oseti �truziure� and �ront t�nd �ide ��t,�t�a��r�' � � y. Street ?;a�es � S. Locstion Lnd �ae of �d jacen[ er.i�tl.n�, � � bufldin s i`Yi� unders��ned hereby declaxea that [sll the facts and represeszt�t�ona�Btated �� tE��s e+ppticnti,on �:e true sn� correct, �-� . iG�� 4�ZiC � . � .i".SS � �C'•' . 7 �% S�GiyATU�tE �C� (A P"LICANT) . � . . . . . .. M . . . � ty 1� f1 'k a ZS it �t �'>g�roved D�aied �/ tt1Q �06Si� �� Q�C�3�8 6cai�,�ecC .to C$�� f'ollowin� Conditiann; . C�C��i� n��p�QVQd " �n��d by ehc P1$nnin� Cc�ieafon on �ub��rCt Co the �;o1la�ing Conciitions; -�---�---�,�- . . �ca �;;�;�roved �� Denied by the Council ou qjctb��cG tv thc FQl�.oc�ing Con�itiona; � d�t¢ �r'or� F'C. ��0 , -. ._ �, � o , .� - �G _ � . i .�G : '� RI u .� - � � �� -�-- ��-' �1-�-�-�� x� , , _�,��, � �� /y � j. �� 1 �31 � 0.� 1 � f �� - - �� ,��,� ��/l � ��' �� o -y (tiJ , � l�o� � u� y� ��t� . ss� %` � � �� s�a ��uO ��C 5�'� `� 3 / ,�- �� , � � �� : _ . � _. ��-- , . , � _ � �� . . /�C' � : ; ,-- :,, . . �� _ , � 4 -��. / � . . _ � - � /_ ,� �?��'?'.�-Z%~ �`'`J•.--t..-�-�-r./,�' j � -' / 0 t° �� // •�-^ : �.• . � ( / � .;r-.e._..-�-.�- �� - ?�- � v .. :..�, ,• .. , ' . . . r.. . //// _ . . .. . � � � � . � . . . ,�: ,. � �.� � . ..,�'..�•�, ,�"��',.� �� ; ,� �r ,fi �' �'' Y. ,�,. ��- �1 i / �%' f i r . 'p � f ir �.ir'- C . - � • .. � ��, j P S-' ( �"' ! ` �a'�'' J �'} � ,.+'�� ' I ` W�l ��r � `�'•` i� �/ '�� Y, . � . . 1 � n �/5 _ �l� ��, G � �� . .- �� ;�. ��; �/ � � °�� . � � `- � � �f �� . �;�.� fnwA ,;: � � 1 '�) S _ � ��'�� _� �� 1 � /'� Planning Commission ZOA #74-04 Henry Muhich Council Mailing List Mr. Henry F. Muhich 1005 Lincoln Terrace N.E. Columbia Heights 55421 Richard Rush 3619 Janssen Avenue North Chicago, Illinois 60613 Mr. & Mrs. Donald 181 79th Way N.E. Fridley, Minnesota —�.�—�s�� Mr. & Mrs. Robert Welch 144 Longfellow 5treet N.E. Fridley 55432 Mr. & Mrs. Leonard Benson 154 Longfellow Street N.E. Fridley 55432 Schutte Mr. & Mrs. LaVerne Linder 1495 Trollhagen Drive N.E. 55432 Fridley 55421 . Mr. & Mrs. Charles Floer 161 79th Way N.E. Fridley, Mn 55432 Mr. & Mrs. Raymond 151 79th Way N.E. Fridley 55432 Mr. & Mrs. Eugene Pett 176 Longfellow Street N.E. Fridley 55432 Haroldson Mr. & Mrs. John Prescott 190 Longfellow Street N.�E. Fridley 55432 M�. & Mrs. John Kelly 3801 Crystal Lake Blvd. Robbinsdale, Mn 55422 Mr. & Mrs. Cyril Paulson 131 79th Way N.E. Fridley 55432 Rodney Gooler 5618 56th Avenue North Mpls 55429 Mr. James Roberts 121 79th Way N.E. Fridley 55432 Mr. & Mrs. George Johnson 211 79th Way N.E. Fridley 55432 Mr. & Mrs. Charl.es Fjeld 210 Longfellow 5treet N.E. Fridley 55432 Agnes Ekola 1845 Hillcrest Avenue St. Paul, Mn 55116 Tri-Co. Builders, Inc. 7555 Van Buren Street N.E. Fridley 55432 John L. Skotte. 4520 58th Avenue N. Minneapolis, Mn 55429 Stella M. Yahr 187 Longfellow Street N.E. Fridley, Mn 55432 Mr. & Mrs. Frank Zemhal 161 Longfellow Street N,E. Fridley 55432 Mr. & Mrs. Michael Boyer 159 Longfellow Street N.E. Fridley, Mn 55432 Mr. & Mrs. A1 Martinsen, Jr. 151 Longfellow Street N.E. Fridley, Mn 55432 Northern States Power Company 414 Nicollet Mall Minneapolis Mn 554Q1 : /"\ Mr. & Mrs. Glenn Stack Mr. & Mrs. Carl Sorenson 821 Washington Street N.E. 4615 University Avenue N.E. Anoka, Mn 55303 Mirineapolis 55�.21 � Mailing List Page 2 � Z�A #74-04 /''� � John Hayes 136 Liberty Street N..E Fridley, Mn 55432 Lina K. Olsen 411 9th Street • Coronado, California 92118 Machining Inc. 14p Liberty Street N.E. Fridley 55432 S. & W. Realty C/0 Twin City Federal ll1-67589 8 O 1 Marquette Avenue 11VE E. Minneapolis, Mn 55402 Mrs. & Mrs. Henry Wolff et al 3502 14th Avenue South Minneapolis, Mn 55407 Mr. & Mrs. William Super 190 Liberty Street N.E. Fridley 55432 Mr. & Mrs. LeRoy Trautner 201 Lonfellow Street N.E. Fridley 55432 Chas Inc., A Minn. Corp. c/0 Midwest 39-1199220 85 South 8th Street Minneapolis, Mn 55402 Park Constructian Company 7900 Beech Street N.E. Fridley, Mn 55432 Meadow Run Richard Fudali Suite•S00 Brooklyn Tow ers Minneapolis, Mn 55430 � � .. .. .. � � - �• � �c �r. . a \ �� - � � I • ' <r � I ( � � � ' f � � e Z. 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Y � �`�%'19� °-93L./8--- .,99°sa• 'N � � � . t E �, . 7 �'��'±j � . ._ _. _ � O . .:�� \ � , �, � �; �� l �,..` `\ ,8;. -S �6 � . , � � .�� o� �� y � M ,� ,� � � a � a � •: o (, � ��,�� G _ � " '�'' .g /,/'f a ' 1S� �' � �:r ( ' .° � V �e°`c� �,`. % � f S° 4t l� e sf =¢� £ � !'•/ t �.�/� 5 i � ( . `q '� p6 4 , iiy�' � ( �f`� �(i�F •` � � /4 .f� t s�`t P` � l I , ��► � "' st F + ✓ r � ` � � � b � / � _ � DO � . ' 3f ~ ,t . � . ,6 � '.+�, ��` � . `r' ` `,�L . �" ��•� ,l�� 0�' P � 4 � ,r� . � �� 1�:�� d � r;. L 5��3 / , ZOA �74-04 Henry Muhich � @ ' . ., � y C � � �,, �,� / ' �,�ro� 4 � . _�" L �,,k :" `r' s "� y'�ti .e�•",:i 6 ,°r.�isnr Co, Ix. � ;;' �, /��`"1� �,��t'i ii,� .;s76.9u � ;� Y- � ) R .��y�� " � . - . . � C •\...�. , - F�-'y� '�' x `rr�' �' �� . . !'1 � �„Ai �`/� -0 ro . 4, \ `� „ � �iz5 � �� 1' `6 � � y: � �' � rb `��i,°•D \ � J .�. - . , .�� r �_�� .. �s � . �, �< <s.� . `�'`�� ti- . L � �'g 3s 3°�`� `� s �' � ` � . _, �� j/��5 ,�} � _�� ,L , . ;�as.� reeaol 1 `•-h �; _' �' . � Q ` Ly,. (� � 4 ��' Z) ti' � N�U. , ��,. � �d7j! � q' � - �i \ ,1_h - ` O '�j � 36f �� . ,� F t? � t7 .� F, r, �j �� a r �;L� �S 1' J'ri,! �yP C e t` 1 � ) � 'A� � � • w � v r� .1w .:A-1`1 .- Y` µ _ 1 � ., � '•', 6a�� a s 'D, ��- t s,.w � , T. f � ' 9 ,,, n � .. s, �.x, � � e o �� , a . �c: � ":a a. �; q�~ . �v+' �a f�.'! ' � \ � � < �, ty`.. � ix'"� i� t�ij' E `' ' j g '. � _ r'L �, % ' ` . 60 ` `\ �J�'f� �+� � B. �'F. .pons��orr t' � 4 ' , � [[/// °y �i. ' •°o %y��.7 Cii� al srstG. , � S ` i t / ' t f �_^� •' �/ / ~ � . � ' , � O �� -v' 7( t ,�� j ... . )� � . '�O �v. f� rq/ �� L►�- " T � . . � t� . t � a.�� J,_. ��' % . . : y .. _ t . *�I' � . � �, MEMO TO: The Fridley Mayor, City Council, Planning Commission /1 and Staf f MEMO FROM: Henry F. Muhich - Owner of Lots 31 and 32, Black 4, Spring Brook Park Addition, Fridley, Minnesota. MEMO DATE: August 6, 1974 RE: Rezoning of Lots 11 through 21 and Lots 28 through 37, Block 4, Spring Brook Park Addition, from Light Industrial (M-1) to Single Family Residential (R-1) E�OA #74-Q4} Before making this request for your consideration of rezoning this parcel of land as shown on the enclosed partions of the section maps from light industrial (M-1) to residential (R-1.), I made quite a thorough survey of the areas. I found that a great majoritg of the occupants and land owners in the vicinity seem to be greatly in favor of the proposal. I've obtained signatures and addresses of all the property owners af the land in question, except for Mr. Richard Rush of Chicago, Illinois, owner of Lots ll and 12, Block 4, of the Spring Brook Park Additian. I have, however, written to him explaining the situation, with a request for his opinion on the matter. I have also obtained favorable reaction from most all of the ^ other owners in the neighborhood. This includes garties from both Block 4 and Block 5. I was able to explain the proposal to all those who signed the rezoning form. In reviewing the proposal, you will find that the faur home owners located toward the East end of Block 4, which is zoned industrial, have maintained and improved their property, probably with the intention of staying there for some time. I would also like to pQint out that it would appear improbable for the City of Fridley to ever realize much additional revenue from the area. Industrial zoning ordinances such as area and setback requirements make it.virtually impossible for any industrial develop- ment. Enc.. � �� G�%�-t�C /f�[�," ENRY . MUHICH �� ZOA #74-04 List of progerty owners in Blocks 4& 5, Spring Brook Park Addition /� whom I was able to contact & explain the proposal and whose signatures I �ras able to obtain : I - Block 4 Lots 3,4,5,6, : Jeffrey Mosiman 9242 Flanders N.E. Lots 9,10 Dennis Barker 5203 Central Ave. N.E. Lots I3,14 John Kelly 3801 Crystal. Lake Blv Lots 15,16,17 Cyril Paulson 131 79th Way N.E. Lot 18 David Morton 5702 West Broadway Lots 19,20,21 James Roberts 121 79th Way N.E. Lots 28,29,30 John Kelly 3801 Crystal Lake Blvd Lots 31,32 Henry Muhich 1b05 Lincoln Terrace Lots 33,34,35 Robert Welch 144 Longfellow - Lots 36,37,38 Leonard Benson 154 Longfe�low Lots 39,40 Dennis Barker 5203 Central Ave. N.E. Lots 41,42 Eugene Pett 176 Longfel.low Lots 43,44 John Prescott 190 Longfellow Lots 45,46 Dennis Barker 5203 Central Avenue N. iI - Block 5 • Lots 3,4 _ Stella Yahr 187 Longfellow Lots 5,6,7 Frank Zemboff , 161 Longfellow Lots 8, 9 Mike Boyn 159 Longf�ll.ow � Lots 10,11,12, 13,14,15,16,17,32,34,35,36,37,38 Machinery, Inc. (Frank Schaul) 140 Liberty Lots 41,42,43,44 Dennis Barker 5203 Central Ave. N.E. Lots 45,46 Bill Super 190 Liberty TOTAL NUMBER OF LOTS INFORMED - 62 List of propert� owners in Block 4 and 5, Spring Brook Park Addition whom � was unable to contact up until now. 8/3/74 I - Block 4 Lots 1,2, Richard Rush 3619 Janssen Ave. N. Chicago, 111 Lots 7,8, Charles & Patricia Floer Minn. Fed. Savings & Loan Lots 11,12 Richard.Rush Chicago, I].].inQis �. II - Block 5 Lots 1,2, Tri-County Builders 7555 Van Buren St. Lots 39,40 Henry & M. Wolff 3502 14th Ave. South TOTAL NUNIBER OF LOTS WHOSE OWNERS I HAVEN'T $EEN ABLE TO CONTACT - 10 � � �� V � � � � � T `'� � v �.,, L!1 � �/ � � '" V � � ` ''' V Z � � � � � � � 9 ,�...._—� � � ` � Z � � � � - � � �t v l., � � ' �� v a � _ �•� � f �� t � � V � � �� yt! ` 3 � �� a' S*, or snx �"�" ^,""7` �? ?�� P t... n.�Pa Yv^s �� , � �., '�n �s :. °a 2;. y �� ;�� 1^ ;� �� a"`"`,�. ,�p ,, � �� ' �"' ,� : . .�„'4.,,� f#, xk` �' � '�� t 'k- '1§i :;� sp. � ,! t.: '� � � ♦ �rx s P" �. z x �" ' i � `N' i � - ',i - 5 a � -.7. ��. �'�, �� ,� � . ,:'�„YY;,: ��«�,��....$„_�::�i::«��,��:` ''��'}"�?�,�,:�,...i�.:a's4:.�e.'�`�'.:��:.# .w__v �a :�.�. , . 4.,* a � ♦ +� s `� � � �a � J � � �� "� s O � Z �i � 1 ..l � � � G ; ,� . ,o,. �fi � # � �. � � �., �'i �' � ; � L4" � �.. ` �i �, �o ,� � � � ��" Q ,,,, ,�i, - E"P� � � � , � � ,�, ..� '' ` . . w _ v . « �, Q �_ _ � �, _ � . � a � �. �. > z ` '� ; � . ... j,�, . ,....,.. � _ � � � � v �. � .. � � �` .� n � � � . �`, � ! �y � . .ti., � : � `� � � � `` °� � w-=- . � ul �, , J j�- ; � ^N � ! e.r� � � . � 3 � �.' _ �. , ; �.�t .� � � :, v ;, � � �,, ' ; � � �... m � �xi . _ � ,_, _. � _ � �-� .. �,,,, � � � � _ _,. _.. �Y, t � �.. a ; e. o � � � �- � _ � `�-- . . � �� .*� j ,q � c�y � { ; �• � - � � '� �' L � '�' 2:i � „�( c1e qi:, �.. ` � a�i�- � � � I � . � , ("� 1 : � ,, , c{ �t� � � � .� :� t � � ,iy �,. u. � � � � � . 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' � � 'f _. .. � . ,�� vi' (,(� /�-6��t�;�'G `i�yf�st� .�,r" `-��-G Cyw, `,�-.�... . %��.c`-c � � �.�' ,� ,r �.K _ ( � 1 . ^ ..� . . ZOA #74-04 �'�� %�7��`� - . r�-�-� oz` ��e� �0. � 20 ��-uz � ' � � � _ � _ I-�t � �C ' . �� 2P /�� ' = �� °Z`'� � � td �� • '� `12�� "- " � . . �,� >�� t� � � ; �; * Y y . � [.-�-� �1ec.n!''-J . , _ �� G� / !T �"' � � ' , � �s �-wtxY ��-�'�=�� . ;. _ . . , , ��;��{�t-�-� P.��`� 7qn'�'cv�� ... (L��/�/ - %9 � j' ('?'Jo-��ea�� n.�-�-��t. _ � ��.i2 ¢ 7 � �t�u�� . . `% _ �-��/- 7`� � �� _ ��U�c,�:l�-� �l�-'�'�`_Q"` ' _. _ _ �-,� l�.I�'.� �' 7 g �� .n _.._ _: _ _ _ _ � � 3 ! - 7�'� Lv�� , . �%�I � �`' %�'�-�-. . - _ �-n 7 G1 �G`� - � � � ,,,��..�� Z� . __ . � � L. � _ _ ��,�,�..�� --�-- . �� . - . �� -- � _ - - . . � __ _ _ . ��.�� -� - _ _ _ _ _ _ _ .. . ,. �� -.�`t _ __- _ _ _ � _ .. . _ .�L. p� �.t��a�� _ 3� -��.�.�c l to t� z Z``v .x�:u.�, �.d,��.r�/ __ ��'`� . _ . __ . ._ . . _ ,c.c __ c�,'r�r...e�t�.c..�.y�. — _ r . . :_ _ �� _ __ . . . . _ _. . � o � Y �X � ° '- d '< � � � �.L. / ., ,,;-,�.. - � � � G � � �(� �,� ,�,a,� ��,��u, .�.ru.�u��`/ ,�,, _� — � -- -- .,s,,,,,,,�w .� . . . _ .� � �:� � To Whom it May Concern: RE: ZOA #74-04 ' We are in favar of rezoning B1ock #4 Spring Brook Addition to R-1 We own the house on Lots #33,34, & 35 and we feel it beneficial to have this property rezoned. - , Thank you for your consideration on this matter. Sincere7y, �/ � � ' � l ' .��I�� .�` Robert J . Wel ch � �c�:�� L ,115 �1 : Judith L. Welch 144`Longfellow N.E. . , � . .. . . . . .� . . �� . .. � . . . � f . . .. . . . � .. - � � . � . ... � . . . . � . . . . � � . . � . .... Mt . . � � . . . . • . .. . . . . . . . . .. . . . . . � .