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PL 04/23/1975 - 7510.- .� � � ^ � � r r� PLANNING COMMTSSION MEETING 8:00 P.M. APRIL 23, 1975 OFFICE ^ � PLANNIPdG COMMISSION MEETING CALL TQ ORDER: CITY OF FRIDLEY APRIL 9, 1975 Chairman Harris called the meeting to order at 8:00 P.M. ^ ROLL CALL: PAGE 1 Members Present: Harris, Lindblad, Drigans � Members Absent: �lair ^ Others Present: James Langenfeld, Ex-officio Member of the Planning Commission Darrel Clark, Community Development Administrator '^ APPROVE PLANNING COMMISS?ON MINUTES: MARCN 12, 1975 MOTION by Drigans, seconded by Lindblad, that the Planning Commission approve " the minutes of t'�eir March 12, 1975 meeting as written. Upon a voice vote, a11 voting aye, the motion carried unanimously. � APPRJUE PLANNING COMMISSION MINUTES: MARCH 19, 1975 ^ .� MOTION by Lindbla�, seconded by �rigans, that the Planning Commission approve the minutes of their March 19, 1975 meeting as,written. Upon a voice t=ote, all voting aye, the motion carried unanimously. RECEIVE BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MINUTES: MARCH 6, 1975. MOTION by Lindblad, seconded by Drigans, that the Planning Comm�ssion receive the minutes of the Buildinq Standards-Design Control 5ubcommittee meeting of March 6, 1975. Upon a voice vote, all voting aye, the mot�on carried unanimously. RECEIVE BOARD OF APPEALS SUQC�OMMITTEE MINU�ES: MARCH 11, 1975 ^ � MOTION by Drigans, seconded by Lindblad, that the Planning Commission receive the minutes of the Board of Appeals 5ubcommittee meeting of March 11, 1975. Upon a voice vote, a11 voting aye, the motion carried unanimously. .., .., _ � .� .� ... RECEIVE CITIZEN BIKEWAY COMMITTEE MINUTES: FEBRUARY 26, 1975 h10TIC1N by Lindblad, seconded by Drigans for discussion, that the Planning Commission receive the minutes of the Cifizen Bikeway Commi�tee meeting of �'Fb�uary 26, 1975. Mr. Drigans said there was a statement on the last page of these m�inutes that the 32 miles of trails would cost about $400,000. He asked if this was the proposed cost? The recording secretary said that changes had been made in the proposal and the culvert had been dropped from the plan, so the cost figure was �232,000 plus. UPON A VOICE VOTE, a11 voting aye, the motion carried unanimously. RECEIVE CITIZEN BIKEWAY COMMITTEE P1INUTES: MARCH 5, 1975 MOTIdN by Lindblad, seconded by Drigans, that the Planning Commission receive the minutes of the Citizen Bikeway Committee meeting of March 5, 1975. ��. .� � � .. .. � ... Planning Commission Meeting - April 9, 1975 �� Page 2 Mr. Langenfeld said he would like to bring to everyone's attention the third paragraph from the bottom of Page 2 of these minutes where Mrs. Slater asked where all this money was coming from. Mr. Harris said that Mr. Boardman said the Bikeway Committee was recommending about a�ozen funding sources and were not recommending that it be added to re,al estate taxes. Mr. Langenfeld said that on page 3 of these miniates they were discussing the Islarids of Peace. He said he wondered if they were going to have bikeways in this area, along with people in wheelchairs. Mr. Harris said the bikeroute would end in the parking area of the Islands of Peace and there wouldn't be any bikeways or bikes allowed in the area itself. UPON a voice vote, a�l voting aye, the motion carried unanimously. RECEIVE ENVIRONMENTAL QUALITY COMMISSION MINUTES: MARCH 18, 1975 MOTION by Drigans, seconded by Lindblad, that the Planning Commission receive the minutes of the Environmental Quality Commi�sion meeting of March 18, 1975• Mr. Langenfeld said a resolution had been submitted to the City Council for the City of Fridley to be the model ordinance community and the resolution did pass, and was being sent to the State Commission, and they will immediately draw up a rough draft for the Commission to work with. Mr. Drigans asked if it was going to cost the City anything for the State Environmental Quality Council to come out and assist us. Mr. Langenfeld said the only cost would be for the staff person who would work with the State. � UPON A VOICE VOTE, a11 voting aye, the motion carried unanimously. RECEIVE PARKS & RECREATION COMMISSION SUBCOMMITTEE MINUTES: MARCH 24, 1975 � , MOTION by Drigans, seconded by Lindblad, that the Planning Commission receive the minutes of the Parks & Recreation Commission 5ubcommittee meetzng of March 24, �` 1975. Upon a voice vote, a11 voting aye, the motion carried unanimously. RECEIVE BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MINUTES: MARCH 20, 1975 ^ • MOTION by Lindblad, seconded by Drigans, that the Planning Commission receive the minutes of the Building Standards-Design Control Subcommittee meeting of March ^ 20, 1975. Upon a vo.ice vote, aIl voting aye, the motion carried unanimously. RECEIVE BOARD OF APPEALS SUBCOMMITTEE MINUTES: APRIL 1, 1975 '�" MOTION by Drigans, seconded by Lindblad, that the Planning Commission receive the minutes of the Board of Appeals Subcommittee meeting of Apri1 1, 1975. Upon a voice vote, a1.i voting aye, the motion carried unanimously. .-. Chairman Harris said that the first two items on the agenda could be quite ,^ lengthy, and if there was someone in the audience to represent the North Suburban Hospital District, they could handle their request first. There was no response. .� � MOTION by Lindblad, seconded by Drigans, to adopt the agenda as written. Upon a voice vote, a11 voting aye, the motion carried unanimously. �< � � � • . � „�-� .., Planning Commission Meetinq April 9, 1975 Page 3 ^ 1, PUBLIC HEARING: REZONING RE UEST, ZOA #75-02, BY WYMAN SMITH, ATTORNEY FOR RICHARD POVLITZKE AND THE FRIDLEY FRONTIER CLUB: To rezone from C-1 (local business areas� to C-2 general business areas , Lot 1, Block 1, Walnut Addition, r" to bring the existing use of the property into a uses permitted category of the City Zoning Code, the same being 7365 Central Avenue N.E. ^ Mr. Mark Haggerty, Attorney, explained that he was replacing Wyman Smith at this meeting as Mr. Smith was ill. .-, MOTION by Drigans, seconded by Lindblad, that the Planning Commission open the Public Hearing on the rezoning request, ZOA #75-02, by Wyman Smith, Attorney for Richard Povlitzke and the Fridley Frontier Club. Upon a voice vote, a11 voting „� aye, Chairman Harris declared the Public Hearing open at 8:22 P.M. � Mr. Darrel clark said that this rezoning request was from one commercial zoning district into another commercial zoning district. The reason for this request was "' because the com-:�rcial area in which this business was now zoned does not ailow bars and tavern. If any one was wondering why this business was already there, it was because it was there before the zoning ordinance was adopted by the City of Fridley, -- therefore, it was a legal non-conforming use. It can remain so as long as it was not expanded in size and runs continuous as the same use. Mr. Clark said that in order to clarify this, he would read some of the uses permitted in a C-1 and C-1S ^ District and a C-2, C-2S District. He said first he would list what could be in a C-1 and C-1S District which are local business areas. It allows such things as: 1) Retail stores and shops " and small service businesses such as: art shops, professional studios, clothing, drug, grocery, fruit, meat, vetetable, confectionary, hardware, sporting goods, � stationery, music, variety and notion stores, household appliances, fixture and r- furnishing stores and repair shops in connection therewith; stores and shops for barbers, beauticians, cabine� makers, electricians, jewelers, watchmakers, locksmiths, painters, plumbers, shoemakers, tailors, dressmakers, clothes pressers, job printers, ,.� blueprinters, photographers. 2) Bakeries, cafes, confectioneries, and ice cream and � soft drink, shops, including the preparation of food products for retail sale from their sites only. 3) Liquor stores seii�ng packaged goods. 4) Radio and television offices and studios, excluding radio or television transmission towers. 5) Theaters,. " lodges and assembly facilities having a seating capacity of less than 300 persons, but not including outdoor theaters. 6) Offices, including business and professional. 7) Sale of farm and garden products. 8) Other retail stores and shops, offices and — small businesses catering to neighborhood patronage, and similar in character to those enumerated above. Mr. Clark said these were the permitted uses in a C-1 and C-1S District. � He said the permitted uses in a C-2 and C-2S District (g°neral business and shopping areas) were business establishments that were retail or service establish- ments which deal directly with the customer far whom the goods or services are "^ furnished and they were: Qrug stores, Hardware stores, Department stores, Bakeries, � Bars, taverns, Household equipment repair shops, Florist shops, Commercial recreation, Restaurants, excluding "drive-}ns, tiote�ls, motels, Theaters, lodges, assembly halls, ^ auditoriums, Hospitals, clinics, nursing homes, convalescent homes, homes for the elderly, Offices, including business and professional, Vocational trade schools, Laboratories, medical, dental and optical, and harmless and inoffensive laboratories ^, �ccessory to permitted uses, in the same building, and other retail or wholesale sales or service uses which are similar in character to those enumerated above, will not be dangerous or otherwise detrimental to persons residing or working in the _. vicinity thereof, or to the public welfare, and will not 9mpair the use, enjoyment .� � ., � � � .. ... ., � r r• ., .'" � ,.. ., � ., Planning Commission Meeting April 9, 1975 Pa e 4 or value of any property, but not including any uses excluded'hereinafter. Mr. Clark said that going back to the C-1 and•G-1S District, the uses excluded are: a) Commercial recreation uses such as amusement parks, bowling a1leys, billiard and pool halls, dance ha11s and skating rinks. b) Taverns, beer gardens or bars serving any alcoholic beverages on the premises. c) Mortuaries. d) Used car lots. He said uses excluded in C-1, C-1S and C-2 and C-2S were any use permitted in M-1 and M-2 Districts and any use excluded from M-1 or M-2 Districts. Mr. Clark said that if the property were rezoned to C-2 it would be a use conforming to the uses permitted section of the City Code. Mr. Clark passed out some copies of the histary of the site taken from legal records of the City. He said the long legal sheets were copies taken from records of Council minutes of the year 1957. He said he dicin't think they had to be read, it was just to indicate that what was taken from the records was official�ly before the Council. The minutes are from February 28, 1957, and they show that th City Council authorized the City Manager to terminate the lease agreement with Bob Carlson, the owner of the building at 7365 Central Avenue N.E. for an on-sale operation. At that same meeting, the Council authorized the City Manager to enter into an agree- ment with Mr. MacKensie to rent City equipment at the liquor dispensary at 7365 Central Avenue N.E. The equipment involved was some on-sale bar equipment. At the same meeting the Council approved licenses for cigarette, tavern operation, non- intoxicating malt liquor and cafe operation to Mr. Cliff L. MacKenzie. If you are wondering why this was being read into the minutes, it was because the City leased a portion of the building, prior to the Council meeting of February 1957, for both an on-sale and off-sale liquor operation. As of that date, or shorly afterward, it became a private enterprise, as far as the dispensing of beer, and"perhaps set-ups, although the records do not show that they had set-ups. The City continued to keep the off-sale operation until February 15, 1964. As far as what was known today as the Fridley Frontier Club; from 1957 to 195H, Clifford MacKenzie held the beer 1icense Robert Haskvitz held it in 1959 and 60. It was held by the Fridley American Legion in 1960 and 1961. In 1961 and 1962, it changed hands twice,.from Norman Alberice to Joseph Morris. Hans Hansen held the beer license in 1962 and 1963, and in 1963 to 1965 the license was held by Marlene Povlitzke, and has continued under Povlitzke ownership to the present time. ' Mr. Clark said that as far as the parcel involved, the frontage along Central Avenue was 151 feet and the frontage along Onondaga was 257 feet making a total of 38,675 square feet. Mr. C1ark said the zoning in the surrounding area shows that diagonally across the street there was an existing trailer park, directly across the street there was M-1 zoning which was occupied by a light manufacturing plant and ice manufacturing plant. The corner of 73 1/2 and Central has a used auto parts store, and between 73rd and 73 1/2 it was zoned commercial and was presently occupied by a service statian. Across the street from the service station on the south side of 73rd was an industrial warehouse on some industrially zoned property, M-l. The southeast quadrant of the intersection of 73rd was occupied by Onan. The northeast part of the intersection, he would call vacant, although the remains of a basement are on this property, and belongs to the American Legion. Right betwee.n that and the �Frontier Club was an existing house that was being occupied as a house. Across the street from the Frontier Club on Onondaga, there was some vacant commercial property, and just north of that there was a vacant lot zoned C-1S. The north side of Fireside was occupied by a vacant piano store, zoned commercial, and nor`th of that there was R-1 property with sing1e family �wellings, that have been built in the last two or three years. North of the trailer park there was industrial zoned property that was vacant. From 75th north an the east�side of Central, was occupied by single family �.,�� Planning Commission Meetin April 9, 1975 � _ Paqe 5 �- homes. To the east of the subject property, there was a small sliver of land that will remain C-1. The balance of the property was zoned R-1 and was occupied by single family homes as far as Stinson Blvd. There are two or three apartment .� buildings on 73rd across from Onan's, but the balance of this property was basical1y single family dwellings. He said there was commercial property along Central Avenue near Osborne Road. He said the history of the zoning of the property that was under discussion, and the zoning in the entire area, had remained basically '^ the same since the year the zoning ordinance was adopted which was January 1956. Mr. Clark put on the screen a plot plan of the property showing that the parking � was in the front and rear of the structure. He said this area was.:all blacktopped at the present time, but if improvements were made to the structure, or the occupancy within the building, we would want some green area along the 151 feet along Central .� Avenue and the 257 feet along Onondaga, with parking to the rear of the building. Mr. Mark Haggerty said he thought Mr. Clark had given an excellent history of the property in question. He ihought the point that should be most apparent was � that this particular area was�zoned, and hadn'; been changed, since 1956, and sub- sequent to that, this particular area had been used by the City of Fridley as an on and aff sale liquor establishment, which was the old municipal liquor store, so to ^ speak. It was continued as a n off-sale liquor store by the City until 1964. Ever since 1950, this particular piece of property has been used for on sale and off sale at uarioustimes, and has been continued as a beer garden or a 3.2 beer establishment, r. up to the present time. He said that as you are very much aware, we have been applying for a liquorlicense since November of 1974. We have made repeated applications , to the City Council, and in the latter.part of February or the middle of P�arch, we ,^ were informed for the first time, of this zoning problem. Our firm was unaware of it, Mr. Povlitzke was unaware af it, the City Council was unaware of it, and obviously the Ci�y Police Department and the Planning Commission were unaware of it. The point he was making was that if there was a problem there, it was creating a tremendous ^ �hardship on his client. He said he was of the opinion that this property had been used as a liquor establishment for nearly 20 years, even if it was a legal non- conforming use, and was specifically excluded from C-1 zoning. If Mr. Povlitzke ,^ ever wanted to sell this property, the fact that this was in the wrong zoning, would reduce the value of the property, and this would be a hardship on his client. He thought it was absolutely imperative that this property be rezoned. He said they had ^ also made application to the Board of Appeals, whether that would make any difference at this time. He said that what he was requesting at this time was that the rezoning request be approved, so Mr. Povlitzke can go on with his requirements, and continue improving the premises, and continue his application far a liquor license. He was ^ sure that the petitioner would agree to any requirements necessary to get this rezon- ing approved. He said that before he went any further, he would .like to ask if there was any one in the audience who objected to this property being rezoned. There was r. no response. He said that everyone in the area had been notified of this request, and no one was present to protest this zoning change. He said the only thing that was really being changed were the record books. � Mr. Harris said the Planning Commission had received a letter from Chester L. Cole of 1382 Onondaga Street and he would let Mr. Haggerty read the letter before the Planning Commission received it. � h10TION by Lindblad, seconded by Drigans, that the letter from Chester L. Co1e, 1382 Onondaga Street N.E. be read into the minvtes. Upon a voice vote, a11 voting r aye, Chairman Harris read the Zetter. ° Mr. Harris said this letter was written to the Planning Commission to the -� attention of Mr. Clark. The letter was as follows: With regard to the April 9 . . . ;.� .� Planning Commission Meeting April 9, 1975 _ Page 6 ^ 8:00 P.M. meeting of the Planning Commission to consider Wyman Smith's request for Richard Povlitzke and the Fridley Frontier Club, Inc., to rezone from C-1 to C-2, we are definitely not in favor of your making this change. Also, we would ^ request no parking signs on our street - not resident parking only. We have difficulty � backing into the street when the patrons to the above club park on our street. Also, the verbal exchanges frequently heard in the early hours (both summer and winter) -� would be less annoying if parking was not �n a residential street. Doesn't Fridley's code include adequate parking regulations for each business to off-street parking must be provided: Thank you for giving consideration to our opinion and desire, ,� Sincerely yours, Mr. & Mrs. Chester L. Cole. Mr. Haggerty said that it seemed that his only objection was the parking on the street itself. He said that if that was a problem, and he had discussed this with '"` his client, they could provide additional parking by purchasing property across the �� street for this purpose. He said that this was the first time they had been made aware of this particular problem, and they would be willing to sit down with the r- Planning Commiss�on and solve this problem in any way the Planning Commission saw fit. He said they wou�d try to accommodate Mr. Cole in any way they could. ,� Mr. Clark said the reason there was a sliver of C-1 property east of the Frontier Club was because this area was zoned before it was platted. It was platted about 10 years ago by Mr. Carlson into Walnut Addition and the lot lines did not follow the zoning lines. .. , ' Mr. Clark said there was reference macle that Mr. Povlitzke would have a problem selling this property when it was a legal non-conforming use. If he sold it to ►-� someone to be used just the same as it �Nas being used now, it could continue as it was, or it could be used for a lesser use. r, Mr. Haggerty said that Mr. Povlitzke had invested over $100,000 in this property over a period of years with the intent that someday he would have a full liquor license. He has develcped a business, a'clientele, and he has said that hev�ants to improve the business by putting in larger tables, improve the exterior and the parking area. He ''" � said he thought this would be�an improvement that would affect the entire area. With his investment, there was the fact that after this area was zoned C-1, the City of Fridley had an on-sale liquor establishment at this location.. He granted that it was . ^ some time since the City had used it for this purpose, but it has always been used at least as a 3.2 liquor establishment. He thought that at this late date, Mr. Povlitzke should be given consideration for the investment he had made, for the good will he has ,.. established, and for the general improvement to the area if this rezonirrg was allowed. Mr. Lindblad said that with all the information that had been presented, along with the fact that with so many people being notified of this request, and there was �' no one here in opposition to this request, he was in favor of recommending approval of this request for rezoning. � Mr. Drigans asked Mr. Clark that if the rezoning was granted, would there be any " additional setback requirements or any variances needed. Mr. Clark said the setback requirements were the same in C-1 and C-2, so a zoning change would not affect these r. requirements. Mr. Drigans said that as he understands this request, the petitioner was asking for this rezoning because it was discovered that this was a legal non-conforming use, '^ yet his ultimate goal was to establish a restaurant type.of establishment, which was not consistant with the present zoning. Mr. Haggertysaid this could be phrased in a number of ways, but now that it had been brought to the attention of the City that "" this business was a legal non-conforming use, it had caused probiems for his client.. .� ^ Plannin Commission Meetin - A ri1 9, 1975 Pae7 He said that when Mr. Povlitzke calledldhnotldo th�sasitdmadehusCantacppatenaplot � tables, and they indYCated that we cou of problems. In order to avoid these problems, in order to prevent Mr. Povlitzke from having to call the City every time he wants to make�some change in his operation, because of the present zoning, this property should be rezoned. He said the only ^" char�ges that would come from this rezoning would be that the building would be improved. We are only requesting that the zoning conform to the use this building has had for over 20 years. � Mr. Drigans said pool tables would not be in violation of this zoning, only billiards and pool halls are excluded from this zoning. Mr. Haggerty said he agreed, .� but what he was discussing were the technical interpretations that brought up difficul- ties for Mr. Povlitzke. He said he was not saying the Mr. Povlitzke would have � problems, or that legally he should have, but this was a possibility, and in order to avoid this problem, as well as future problems, he felt this area should be rezoned. � Mr. Drigans said that what the Planning Commission had to consider was if it was prudent community planning to locate a restaurant establishment adjacent to a ^ residential area, �n establishment that could have a noon day luncheon that could feature lingerie shows, for instance, the problem of parking for a supper.club type of establishment in a residential area. He said that the case Mr. Haggerty had .� s t a t e d w a s t h a t this business had always been there and that it had always been a liquor establishment. Mr. Drigans said he felt this ha d been a neig h b o r h o o d e s t a b l i s h- ment as opposed to a more open restaurant establishment. This was the difference that � he could see. Mr. Povlizke said he had some of the best entertainment in the Twin City area, and had a$7,000 band for a night, and he didn't think this could be considered a neighborhood establishment. ^ Mr. Povlitzke said he bought this property as a bar, and it was a liquor establishment before, so who made the error. He asked if he made the error or did the City make the error. � � Mr. Haggerty said he thought there was just unawareness on the subject of the proper zoning. He said that Mr. Drigans had stated that this was bordering a � residential area, and if you look at the zoning map, the facts, if you want to get technical about it was that this property was completely surrounded by a commercial and industrial area, except for the property to the east. He said he knew that in other areas of Fridley there were restaurant areas that border residential " areas. He said a case in point would be Mr. Steak and the other food establishments in that same area that border on residential property. He didn't think the change Mr. Drigans was envisioning was going to be that much of a change. As far as the •, number of people who would be frequenting this operation, Mr. Povlizke has already mentioned that he wanted to have Targer tables, and he wanted to bring in pool tables or other means of entertainment. This would reduce the number of people who would ,� be coming into this establishment. If the Planning Commission was worr�ed about the . traffic and parking problem, he said they were willing to negotiate or attempt to urchase more property in the general vicinity. He said he appreciated the concerns �he Planni.ng_ Gommi'ssion� might have, but he didn't think there should be so much ''� concern that it should prevent them from recommending approval of this request for rezoning. � .. Mr. Drigans said he had another concern with this type of establishment being next to a residential area, and that was the police problem. He wondered what type.of problem we have with this establishment, notowh�heWhistor'tofathisroperationth all ,� such establishments, and he would like to kn Y .-. , � r, ., � r. .� .� ., r� .., , .� � � .-, , r. ., Planning Commission Meeti - Anril 9, 1975 Page 8 Mr. Haggerty said it was the same as any establishment of this type. There were a number of times that the police have had to be called in when some one was disorderly or had be�ome intoxicated. He said his client had been instructed that any time there was any problem that he should call the police. This was what he had done, and the police have come. He said that he had called the police as a sart of protective policing, in that they are called before a situation got out of control. He said he thought the police had done a fine job for the Frontier Club arid he felt that any such establishment would have a record of calling the police, at least a few times. � Mr. Povlitzke said he felt that Sandee's was in a more residential area than the Frontier Club, and they have a liquor license. Mr. Haggerty said that Mr. Povlizke wants to improve his establishment. He wants to make it more enjoyable for his patrons, improve the exterior, improve the parking area, and Mr. Clark has mentioned that they want a green area with landscaping. He said they wanted to work with the City to improve the area. Mr. Povlitzke said that in an establishment such as his where you sell set-ups, you do not have much control. Some one can �r a bottle of beer and drink a quart of liquor with it, which was uncontrollable. He said you would have much more con�rol when you sell the liquor. He said there was quite a difference in the clientele of a beer establishment and a liquor establishment. Mr. Langenfeld said that in the Council minutes of January 13, 1975, Mr. Pavlitzke was askedwhat he felt the amount of the investmant would be and Mr. Povlizke had answered that it would �e about $50,000. He was then asked if when this was done, would this end up to be a night club, and Mr. Povlizke had answered yes, it would be like the Shorewood Lounge. Mr. Langenfeld said that in regard to that statement, if Mr. Pavlitzke was going to�have food, dancing, entertainment, pool tables, etc., it was hard to visualize that there would be that much area to have all these things. He would like to have Mr. Haggerty give input on that basis. Mr. Haggerty said he would a�k his client to elabora�� more on what he was proposing. Mr. Povlizki said he used Shorewood Lounge as an example of where they have food, entertainment and liquor. He said he didn't mean he was going to have individual rooms like Shorewood had. It could be all in one room. Darrel Clark said that what he thought Mr. Langenfeld was asking was what type of improvement they i'ntended to make on the i:nterior of the building. Mr. Povlizke said there wouldn't be too many, most of it was in the contents. Mr. Clark said the City had received a floor plan showing the improvements Mr. Povlitzke would want to make. It showed that about 7,200 square feet of the '- building would be used for the Frontier Club. Mr. Clark said a question he would have would be how much of the structure would be left if this floor pl�an was followed. Mr. Povlitzke said he thought it would be about 1,000 square feet. Mr. Harris asked Mr. Haggerty if he thought an error had been make in the zoning of this property in the first place. Mr. Haggerty said the zoning ordinance has changed over the years, and he didn't know how much they had changed since 1956. Mr. Clark had a copy of the original zoning ordinance of 1956 and said it was basically the same as the present zoning code, as•far as what was allowed in the zoning districts. Mr. Haggerty said it seemed paradoxical that the City zoned this property C-1 which excludes taverns and bars serving intoxicating liquors, and then used this property for that use themselves. He said he would have thought the City would have zoned this C-2, but as Mr. Clark had pointed out, this property hadn't been platted at the time of the zoning, so it would be easy to make a mistake. Ne said he didn't know why this was zoned this way, and he couldn't make an opinion on whether this was a mistake. . � .-� r � r, •� � �_, r. ,.. n � � � r- .� Planning Commission Meeting April 9, 1975 Page 9 Mr. Harris asked if Mr. Haggerty then felt that this zoning shauldn't apply to this property. Mr. Haggerty said he could see what reasoning Mr. Harris was following, and they were going to appear before the Board of Appeals on this question, but he did feel that if this area was rezoned, Mr. Pavlitzke could conform to that zoning. Mr. Harris asked Mr. Haggerty what additional burden this would put on the surrounding neighborhood if the Pianning Commission recommended that this rezoning request be approved. Mr. Haggerty said that from his investigation of the situation, that there would not be that much of�an additional•burden, if any. He asked Mr. Povlitzk� how many people he could accommodate now on an average Frid aY night. Mr. Povlitzke answered about 400. Mr. Naggerty asked Mr. Povlitzki how many people he could accommodate after he had made his improvements. Mr. Povlitzke said that it would be about 270 people. Mr. Haggerty said that when we were talking about a reduction of people, we were taking about a reduction of 130 people. He said the first thing this would do would be to alleviate the traffic problem that Mr. Cole had complained ah�ut. This change would include the upgrading of the exterior of the building and allow them to provide landscaping. This would upgrade the property and would certainly not be a burden on the surrounding area; in fact, it would be a big improvement. They were also willing to obtain additional property for parking. Mr. Langenfeld said that from the discussion, he had gotten a pretty good idea of the overall improvements to this property Mr. Povli'tzke wa� intending to make. He asked if ��tr. PovliczKe intended to serve food at the tables he was intending to put in his establishment. Mr. Langenfeld said he didn't want to get into �..discussion of a restaurant, he just wanted to assemble the information for use in determining whether or not the zoning should be approved. Mr. Haggerty said there would be food served at these tables. Mr. Drigans denied the liquor ment: Mr. Clark asked if the petitioner was denied the rezoning, and eventually license, could he legally continue to operate his present establish- said he could as a legal non-conforming use. Mr. Clark said he would take a different example. If there had been a service station here in 1956, and it looked to th� nlanners at that time like that property should be zoned R-1, because it looked like it was going to be a single family district, even if the surrounding area was all vacant at the time, as a lot of Fridley was in 1956, that service station could continue to operate as long as it remained a service station. It could change ownership numerous times and still remain a service station. Mr. Drigans said the Zoning Administrator had indicated, and he wanted to read this....."the intent of the zoning ordinance is to allow non-conforming uses to continue for a reasonable period of time so as not to invoke a hardship on the owner of an existing non-conforming use at the time of the zoning restriction was enacted. Ho4�ever, it is also the objective of zoning ardinances to eliminate non- conforming uses within a reasonable time.".......Mr. Drigans asked Mr. Clark if what he had been saying was that there was no reasonable time established? Wasn't 14 years or whatever it was, a reasonable time? r, Mr. Clark said he wasn't the Zoning Administrator, but he could venture a guess as to why he stated those things. If it were a service station in an island of an R-1 District, it may just die for lack of business. If it closed as a service station, � and remained closed for more than one year, it could not be opened again as a service station, or if it was destroyed by more than 50% by a fire orsome other "act of God", such as a tornado or wind storm, etc., it could not be rebuilt as a service station. The same thing would apply to the Frontier Club. Anything that was destroyed by more ., �-- �� .� Plannin Commission Meetin - A ril 9, 1975 Pa e 10 r" than 50% of its value cannot be rebuilt if it was a non-conforming use. There was � no specific time in years or months that a legal non-conforming use can exist. ►-� Mr. Langenfeld said he would like to get back to the basics of this request, � and it was his understanding that bars, taverns, restaurants, etc., are i��'mi��ed uses in a C-2 District. His question to Darrel Clark was just where woud this ., establishment fall in these categories? Mr. Clark said it would be more than one category, it would be a combination. Mr. Harris asked Mr. Clark how this fit into our Comprehensive Plan? Mr. Clark ' '� said this section of the City he would presume, had been looked at and studied, but it was not one of the project areas, as such, like Fridley Park and same other areas, where it was generally felt could be zoned somewhat different in the Comprehensi�ve Plan. ^� This area wasn't designated for change at all. He could honestly say that the zoning � on this particular piece of property had been looked at all`. �, � Chairman Harris asked Mr. Haggerty if he would like to sum up his reas�ns on why this property should be rezoned. Mr. Haggerty said the primary reason .:as the length of time this property had been used as one of the uses that was excluded � from C-1 zoning, the investment that Mr. Povlitzke had put into the premises, the misconception that the City of Fridley, the Zoning Administrator, the Police, and everyone has had as to what zoning this particular piece of property had. He didn't • think Mr. Povlitzke should be penalized at this late date. He �l.so though we should �` look back to the time wher� this particular piece of property was originally zoned in ' 1956 when the City of Fridley was operating an on and off sale liquor establishment. He also felt that this request shouldn't be denied when nobody has made any complaints .. on this request at this meeting with the exception of the letter from Mr. Cole, and he thought that problem eould be alleviated, because we will reduce the number of patrons that we can handle at one time. If we get the rezoni;ng and are able to get r a liquor license, we are going to reduc e the maximum number of patrons from 400 to 270. We would upgrade the interior, upgrade the exterior, we would upgrade the landscaping, and if need bei we would obtain more property for parking, so as to alleviate that problem. He said he had summarized quickly, and there may be other ^ reasons, but just on these reasons alone he thought they sho�ld be allowed to go ahead with their plans and the only _way that could be accomplished was for the Planning Commission ta.-recommend approval of the rezoning request. � Mr. Langenfeld said he appreciated the feelings of the adjacent neighbors, and also the feelings of Mr. Povlitzke, but he felt a final decision should be made �„ on updating the zoning. His personal opinion was that this property should to rezoned • to C-2. Mr. Drigans said that this matter had been before the Council for many months, r" but this was new �b the Planning Commission. He said his concern was for prudent ' zoning of an establishment that tivas this clos� to residential property. This would � not be a neighborhood beer joint, where fellows run down the block and have a beer, � but this was going to be a much bigger enterprise, and he had some reservations at this time that he would like to contemplate on, and he was not ready to act at this time. ,.� . Mr. Langenfeld said that on the basis of Mr. Haggerty's statement, it would seem to him that other than the actual physical changes and maybe�the addition to the contents, the general nature of the business was not going to change f rom what it was already, and thereby it just wasn't going to be different, and as Mr. Haggerty said, '^ the actual amount of people coming to this establishment would 'be less. What it was right now, and what it will be, as far as the nature of the operation,,other than perhaps the serving of liquor, will be the same, and this can continue to exist as it ., .-� , � n r, .� .� Planning Commission Meeting - Apri1 9, 1975 .� Page 11 was, anyway. Mr. Lindblad said that any change would be for the better in his opinion, because of less traffic and the improvement of the building. Mr. Harris asked Mr. Clark to show the plot plan again. He asked how many parking stalls were provided on this plan? Mr. Clark said he knew they had been counted, and not by him, and he would have to count them physically now, but when they were counted before this went to the City Council, it was determined that if the City Council were to issue a liquor license, they would have to reduce the number of seats on what they were proposing on this plan by 10, 15, or 20. The parking ratio was 1 parking stall for each 3 seats in a place th�t has a liquar license, and for Mr. Povlitzke to meet that requirement, he would have to acquire more land for parking or reduce his proposed seating capacity. Mr. Harris asked if the red line on the plot plan was the property line? Mr. ^ Clark said it was the property lin�, and excep��for the front of the building, it meant an existing fence. Mr. Povlitzke said t�iis was a 6 foot redwood fence, and some boards were going to be replaced and it would be repainted. Mr. Harris asked ., if this was an adequate buffer between this operation and the R-1 as far as the planting strip, etc. Mr. Clark said the code calls for a 20 foot planting strip and this appears to be 20 feet. Mr. Lindblad said the sliver of land adjacent to „� the east of this property was zoned C-1. Mr. Har ris said there was a house built on this prQperty. Mr. Clark said he thought about 1/3 of this lot was zoned C-1. Mr. Harris said the property south of the Frontier Club was zoned commercial also. Mr. Clark said it was, but there was a�house on this property that was occupied. '" Mr. Harris asked if the exterior plan would go to Building Standards �or review? ' Mr. Clark said it would. ,., Mr. Drigans said that Mr. Langenfield hati brought up the point of the difference � in the type of business that was going on at this establishment, and as Chairman � of the Board of Appeals, he was faced with the other half of this queStion, and � that was the non-conforming use. He said the other gentlemen on the Planning Commission had not received the letter by the Zoning Administrator, but he had addressed the problem of non-conforming use which Mr. Langenfeld had alluded to, because it does have bearing on what Mr. Langenfeld has said. He said this was ^ directed to Mr. Wyman Smith in reference to the Frontier Club. Mr. Drigans read as follows: Dear Mr. Smith: The City of Fridley is in receipt of your memorandum of March 19, 1975 directed to the Zoning Administrator. It has been determined by •- the City Attorney that the Pulbic Works Director is the Zoning Administrator; therefore, the request for a determination that a non-conforming use exists "as a tavern, beer garden or bar serving alcoholic beverages on the premises; of the referenced �, property has been referred to me. After a substantial review of the City of Fridley Zoning Code and other related chapters of the City Code, together with review of pertinent state laws, the request ''� on behalf of Mr. & Mrs. Povlitzki for a finding that they are entitled to a liquor license on C-1 property through an existing non-conforming use is denied. The reasons for denial are as follows: 1. That the manner of operation of a non-conforming •-+ use would be substantially changed by permitting the conversion of a 3.2. and set- up operation to an operation having an on-sale liquor license. That while both 3.2 beer and hard liquor are classified as alcotholic beverages, the former is ,� classified as a non-intoxicating beverage and the latter as an intoxicating beverage, and that both the municipality and the legislature have made substantial distinctions between the sale of the two commodii:ies. 2. That the requested application for an r. on-sale liquor license contemplates an increase in the size of the non-conforming � , � -., -. -, .� .. .. �, .. r�+ ►-. . Pae12 Pl�.annin Commission Meetin - A ril 9, 1975 use. While it is true that the exte��ion�oftthebbuildiggWwouldnbe usednforgthe non- is likewise true that a larger porpo conforming use, and that conversely�rantmnllof anron�sa�� liquorllacense�woaldecause for conforming uses. 3. That the g 9 a perpetuation of a non-conforming use. The intent of the zoning ordinance is to allow non-"conforming uses to continue for a reasonable period of time so as not to invoke a hardship on the owner of an existing non-conforming use at the time the zoning restriction was enacted. However, it is also the objective of zoning ordinances to eliminate non-conforming uses within a reasonable time. A granting of an on-sale license to this applicant would not be consistent with that objective. 4. That granting of an on-sale license would produce a greater burden on the neighborhood. The applicant in requesting the on-sale license indicated that one of the reasons for the request was that with such a license, he would be able to attract more business to the location, If this is correct, it would produce a greater burden on the neighborhood that is existing under the present non-conforming use. As further requested by the memorandum th^ above decision will be submitted to the Boardloi bepconsidered bydthebBoardtofnAppea082atftheirFregularlytscheduled The matter w 1 meeting of April 15, 1975. I would like to emphasize that the zoning problem is not a part of an evasive tactic to deny and delay an issuance of a liquor license. It is a real problem that exists and should be corrected through procedures provided in the City C�de." Mr. Drigans said his point was that although the Board of Appeals must consider the decision by the Zoning Administrator, 'he does state that it is his opinion that to go from a 3.2 beer operation to a restaurant type of operation was a substantial ir�crease in the operation. Mr. Povlitzke has increased the non-conforming use by . degrees, and that was what the petitioner was continuing to attempt to do. Mr. Drigans said this business was started as a 3.2 beer establishment and now he plans to go to a full scale restaurant type of operation, and there will be a substantial difference in the operation, and Mr. Drigans said there laid his diiemma. Mr. Haggerty said that that could go on for a half ~` this would be brought up at ' that by rights this was when .. � r, � � ., he could come back with a lot of counters on these points, hour, legal opinions to legal decisions, but he thought the Board of Appeals meeting of the 15th:.' Mr. Clark said it should have been brought up. Mr. Haggerty said they recognized that there was a zoning problem, and he agreed with the Public Works Director that there was a problem. He said that what we were trying to say was that wh�n this property was zoned l8 years ago; the City had an on and off sale liquor operation at this location. Since Mr. Povlitzk� obtained this operation, he has developed it, he has invested money into it, granted that he has extended the use of that property as an alle�ed non-conforming use, but he has improved it while he has been doing it. It wouldseem to Mr. Haggerty that this was a very late stage to all of a sudden say, hold it, you can't go any further. He said that we can see that Mr. Povlitzke was attempting in good faith to improve the premises, and he thought the best remedy, as the Public Works Director. mentioned, was that it should be corrected through the procedures provided in the City Code. He said that was exactly what they were doing with this rezoning request. We are trying to correct a problem that had apparently gone unnoticed for 18 years and he was asking the Planning Commission to grant this request. . Mr. Drigans said his dilemma was not that the petitioner was going to be granted : -�� .-, - ' 1975 Pa e 13 Plannin Commission Meetin - A ril 9, � a liquor license, that was a Council matter, but his dilemma was that if we rezone we could have a restaurant establishment next to a residential area. ^ Mr. Haggerty said you have that situation all over the City of Fridley. He '� said that in this particular situation it was not really oriented as a residential area. Because of the platting and with the small sliver of commercial property � east of the Frontier Club, this property does not technical7y adjoin any R-1 property. In reality there was residential property, but only on the east side of this establish- ment. The individuals who live right next door to the Frontier Club, the house ,� to the south which was on commercial property, and the first house to the east in a residential area, have made no objection'to this rezoning request. If anybody was � going to make any objections, in order to have a valid argument, it should have been one of these two individuals. They are not at this meeting, and certainly if � they had wanted to make objections, this would have been the place to do it. He said that all they were attempting to do now that the problem had been made known to them, was to go through the proper legal procedures to have the problem corrected. ^ He said this was the best way to correct it. It should improve the area, and it would actually iie fact lessen the burden on the area because of the lower traffic load, and hopefully it may even improve the class of clientelewho go to the.Frontier ,.. Club. _ Chairman Harris said that he personally didn't feel he was ready to reach a � decision on this request at this meeting. He said he would like to.study this for a week because they had taken in a lot of material and he would like the opportunity to digest it. ^ Mr. Haggerty said the plans have been shown, and this had been discussed very thoroughly at this meeting. He said he would still request that a motion be made . an�d voted upon, so we could have some determination as to where we were heading. r• However, if the Planning Commission really wanted to examine this request further and you want to continue this to your next meeting, he would have no objection to that. He said he would apprec'iate if at all possible to have a vote on this request ,,� at this meeting. Mr. Langenfeld said he wasn't trying to rush a decision, but he would like everyone to be aware of the fact that Mr. Povlizke had been Uraiting for the City ''` to make up its mind one way or.�the other since last November. Mr. Drigans said Mr. Povlitzke had beeri waiting for a liquor license, not �-- rezoning. , Mr. Harris told Mr. Langenfeld that the material the Planning Commission had r, received at this meeting was material they hadn't seen before. He said there had been a lot of argument for this rezoning, very well pu� forward by Mr. Haggerty, � and we would like to examine his reasoning. He thought it behooved the Planning Commission, in any case, whether they ultimately voted for approval or denial, to ^ have sound reasons for their actions. Mr. Lindblad said he would just as soon have this settled this evening, but •� as it stands he didn't think they could come to an agreement, so he would have to go along with the continuation. ^ MOTION by Drigans, seconded by Lindblad, that the Planning Commission continue the Public Hearing on the reaoning request, ZOA #75-02, by Wyman Smith, Attorney for Richar.d Povlitzke and the Frid2ey Frontier C.Iub, ta rezone from C-1 (Ioca1 business areas) to C-2 (general business areas), Lot 1, Block 1, Walnut.Addition, to bring the .-, � .� ., r, .�, ... .� .., � � ."" � t. � � � Planning Commission Meeting - April 9, 1975 Paqe 14 existing use of the property into a uses permitted category of the City Zonin9 Code, the same being 7365 Central Avenue N•E'imousl Apr21 23, 1975. Upon a voice vote, a11 voting aye, the motion carried unan y Chairman Harris told Mr. Povlitzke that th�ialaatlthis�meetingnandsthey wanted to delay him, but they had gotten a lot of mate time to digest it so they could do a good job. Z. PUBLIC HEARING: RE UEST FOR A SPECIAL USE PE�heTsale of5new�and usedNcaMsTHper ATTORNEY FOR W. R. STEPHENS, JR.. To permit G� in a C-ZS zone (general Fridley City Code, Section 205.101, (3, B) and (3, shopping areas), to be located Roadot 1, Block l, Pearson's Second Addition, the same being 7701 East River . Mr. Mark Haggerty, replacing Wyman Smith who was ill, W. R. Stephens, and Roland Benjamin, proposed manager of the new and used car lot were present. MOTION by Lindblad, seconded by Drigans, that the Planning Commission� 11an the Public Hearing on the request fo�ra SUponaa voiceevote, all#vot�ng aye,yChairman Smith, P.ttorney for W. R. Stephens, Harris declared the Public Hearing open at 9:43 P.M. Mr. Clark showed a map of this area boihezonednC�2ShatHehsaidrthattnorth ofe lot directly north of this property were these two lots were the Meadow Run Apartms��al facto�y,tBarpy�Blowerth�Theasouthsently occupied by A-1 Motor Sports was an indu side of 77th Way was zoned generalfromtCpiagfWaYltod79th,ntheredwasra twoupotddepth 4-plexes. Across East River Road �of R-2, , double bungalows� aThe�balan�e ofctheepropertyatolthewwestnof East River Craig Way to_Pearson`s Way. Road was zoned R-1 (single family dwellings). Mr. Clark said the reason the petitio�ectha�hisawastadpermPttedluseeonlymafters because in the zoning code under C-2S Dist � hav�ng secured a Special Use Permit. In particortunwtyttohsepltusedncarsaasswell. do was to operate a new car agency with the opp ��h� proposed auto dealership will be anD�heuso�uthernspapt ofrthetmetropopitannarea. operates the same type of dealership Mr. Clark said he had a drawing of the subject lot, showing the location of the building and some of the improv�mentHetsaidwthatdbasicallytthehstructurerwouldhe building and the surroun�+ing proper y not change in size. Thefront part of the building with the windows would still be used as a show room area. The baWOUP�rbe broughbuindfor serv�icbngusedhe�e willCbe and a mechanical area where cars an additional display along-East River Road. They are planning to put in additional landscaping and green a�eas along East River Road and 77tti Way. Mr. Mark Haggerty said that Win Stephens had a Datsun facility south, and they wanted to have a facility in the no�thWOUlduappear and also�atphotog�apheofrDatsunng of how they proposed the new facil y South, showing how that facility loofteraittwasPlandscapede Neesaiddthe�lands�caping showed how the new site would look a rofessional landscapers. He along East River Road and 77th Way would be done by p said the building would be improved and we will meet all the requirements of the fire codes and building standards. . e �� .. Planning Commission Meeting -� April 9, 1975 Page 16 ^ in the City of Fridley that would allow the sale of new and used cars without a Special Use Permit. "' Elaine Hartman,�119 Craig Way N.E. said she didn't think there was enough parking provided on this property, and there would be parking on East River RQ�dJ She thought this proposal would add to the traffic problem, and to add to this ^ problem the City of Fridley would probably end up putting a semaphore at 77th Way. Mr. Clark said it would be the County's decision on where the semaphore$:;a�e. ,� located on East River Road as this was a County road. He said there had been a ,� study made some time ago, and although no determinations have been made, if there were any additional semaphores added they would be at 79th and 81st. � Paul Burkholder, 7860 Alden Way, said he owned the 4-plexes across the street on 77th 4Jay and also the vacant corner lot. He said that in talking to Darrel Clark . about another small apartment building on this vacant lot, a��:i-he was told that he ^ would not be allowed to have access to East River Road for this apartment proposal because of the t�affic problem on East River Road, and they would have to use 77th Way for their access. He said the plot plan for the Special Use shows their driveway .. coming right out or East River Road. He said that exclusive of that, he thought this proposal was so inconsistant with East River Road and would have such a debilitating effect on real estate values, Ne said this was one of the choicest areas of Fridley, � and then they want to put a used car lot in this area. He said the City had in fact denied an oil station from going into this area at 79th and East River Road and that lot had more spare footage than this property. He said that Fridley had gone to a great deal of expense to put in an industrial park, and typically these things go in along ^ major highways. They are not across the street.from residential areas. He said he ' objects to this praposal no��, and would continue to object all the way to the City Council. � ~ Mr. Dennis Batzer, 170 Craig Way, said the traffic on East River Road was much too heavy, as every one knew. 'She said this residential area was rated number two ,� on the tax rolls because they were supposed to be an exclusive neighborhood, and we � paid for that. With a used car lot, our streets will be a try-out field, a drag . strip.;She said that last summer we had motor cycles running circles on our streets, and we don't want any more of that. She said it was only reasonable that people would ^ want to try out a car before they made a purchase. Jan Seeger, 324 Ironton Street, said she had gone down Ironton and Hugo Streets ►— and talked to people just to see what their feelings were about this request. She said they didn't want their streets used for testing grounds and felt the traffic was too heavy now. � Mr. C. M. Kam, 120 Talmadge Way N.E., said he had lived at that address since 1955 and had watched the area develop. He said they have had many problems with people applying for rezoning for apartments, businesses, for everything. He thought r' that in 1957 or 1958, the City designated that the only place you could have industrial ' was a narrow band along the railroad tracks. He said University Avenue was the great white way where they used restaurants and used car lots as a buffer zone between the r- highway and the residential area. He said we don't do that any more. Ne said Central Avenue�had become an industrial area and Viking Chevrolet was located there, and he thought this was where this proposal belonged. This would not be disturbing a residen- ,� tial area over there, He said he objected totally to having this business in his area. . Mr. John Dumphy, 155 Stoneybrook Way, said he had lived in Fridley for 20 years `" and in this area for 12 years. He said he would be looking into the lion's mouth of .� � -� � � _, .. .. Plannin Commission Meetin - A ril 9, 1975 PAGE 17 of this operation. He said that in the winter time when the windows were closed, it wouldn't be too bad, but when warm weather comes, the presence of these types or operations were apparent in the extreme. He said this type of building should never have been put in in the first place. This was a residential street and it shouldn`t be turned into a commercial street. He continued that it was very difficult for a commercial enterprise to make it on this street. He said there had been a service station up the street for 15 years. He understood this was aba�doned now and was an eyesore to the community. There had been a pool cent�r and a snowmobile and motorcycle business at this location and they both failed. Mr. Dumphy said they didn't want a used car lot at this location. Ne felt this would lower the property values in the residential area. Mary Martin said it was her understanding that when Viking Chevrolet was established, they were required to have a driveway into a service drive and also a driveway into a side street. She would like to have the Planning Commission check to see if this was a requirement for car sales. Mr. Clark said this wasn't a City requirement. It may have been a requirement of General Motors. He continued that as far as this pr'�perty was concerned, there obviously wasn't a service drive. At �he time this property was platted in 1968, there was discussion that there be only one access to East River Road for the two lots zoned C-2S. Lillian Meyer, 7868 Alden Way N.E., wondered if there had been done in having access to East River Road from this property because �". recollection that when the apartments were built further north, that access to East River Road. ., � .. a traffic study i t was her they were denied Mr. Clark said as he had mentioned before, when this property was platted, Plats & Subdivisions Subcommittee, the Planning Commission and the City Council all d�e�ided that there could be one common access for this lot and the lot north of it. The County couldn't deny one access from property to East River Road without com- pensation. The double bungalows on the west side of East River Road have common a driveway which makes one access�from each two properties. He said the plan for this property had just ��ne in, but he would think when this was studied by the staff and variouscommittees, the access would be moved further north because of the require- ment af having a common driveway for both lots. r^ Mary Martin asked if all the property from 77th to 79th had all been zoned C-ZS at one time. Mr. Clark.said it was all the same zoning prior to the building or the Meadow Run Apartments when the property north✓of the Creek was zoned R-3. .. They were allowed to have one access off East River Road for this apartment complex, which they now have. Cansequently, this area was platted south of the Creek, and they were allowed one access. r- .. Charles Seegar,,324 Ironton, thought the question was if any commercial area should be.allowed along East River Road. Ed Jonak, 133 Craig Way, said everyone has talked about the noise, but he was concerned about the lights from this operation shining on the homes across the street. ., Bub Dueholm, 290 Craigbrook Way N.E. said he would like to have the parking layout explained to him. Mr. Roland Benjamin, proposed manager of the new and used car dealership explained where they would have the 50 new car inventory, the 40 used car ,^ inventory, and customer and employee parking. Mr. Burkholder said that it looked like the entire �area would be blacktopped and where would all the water drain? . .., .� Planning Commission Meeting - April 9, 1975 Page 18 ' .- Mr. Win Stephens said he would like to make a few remarks. He said he appreciated • the concern vaiced by the audience about a new and used car lot�.because there were some?:hings he didn't like about them either. He said he ran three operations, and ,� they had tried to upgrade these operations, and tried to maintain them in a very high class,a very good loaking manner. He said that merchandising of cars has changed, along with everything else. He said we have shown a picture of an operation we are running now. We have also made the same agreement with St. Louis Park, where " we ran into the same problPms-and objections we have run into at this meeting. As far as the parking was concerned, we are open minded. The building was there. We feel we can improve the building and facilities tremendously from what they are now, •� and this wasn't meant to be a criticism. We will have to spend a lot of money to � do it right. G1e also feel we have a project that we aren't concerned about getting on an 'automobile row', so to speak. It was a very fine economical product. He said � they were open minded about all the exterior development. In fact, he would like grass all the way down to East River Road. He continued, that as Mr. Benjamin had � stated, we need room for a new car inventory of 50 cars, and a 40 car used car inventory. He said they were not in the used car 'junk' car business. It was not economically "' sound for them t^ put a lot of cheap used cars on a high priced facilit,y, so consequently they only retail late model used cars, and we immediately rotate out old cars to other areas and other dealers. He repeated that they wete open minded about the exterior -- developrnent of thi s property. 61r. Stephens said that they did not use pennarits, because in the first place r, they ar•en't allowed under most City codes, and they didn't want to use them. As far as lights, he thought with daylight saving time, they only used their lights about 4 months of the year. TheY were open until 9'o'clock Monday through Thursday, they closed at 6 a'clock on Friday and Saturday, and were closed all day Sunday. '^ He said they would have tofiave security lights to he1p prevent vandalism. . Mr. Fred Mulvihill, 140 Craig Way, said he understood there had been a traffic ^ study done to bring the traffic count down on East River Road and divert some of the traffic over to University Avenue. He asked if this proposal wouldn't defeat that purpose. He said the railroad crossing had no signal on 77th Way and he thought ,., this proposaal could ad;i to a dangerous situation. • Mr. Clark said again that getting back to the study dona 3 to 5 years ago, that at that time, although this was not mandatory, they were thinking of closing the � 77th Way crossing and moving the crossing up to 79th. 79th would be the proposed signal location, and 81st might be made a railroad crossing also. Then we would have a railroad crossing at Osborne Road, 79th, 81st and 85th. ^ Mr. C. M. Kam said he had been on the safety committee for many years, which was now defunct. He said they had a lot to do with putting in the stop signs on East r. River Road. He said they had many arguments with the County. They said this was a County Road and they wanted to move traffic, so the possibility of another signal light on East River Road was very remote. He said the traffic was very dense and .,, dangerous . � Mr. Clark said he didn't say there was c�oing to be more signalization, it was just that someone had brought up the point of a signal at 77th Way and he was pointing ^ out that there had never been a proposal for 77th, and if there were ever more signals, they would be further north. �. Mr. Burkholder said he would like to know the petitioner's future plans, if by some miracle he would get approval of his request. He said he didn't doubt Mr. Stephens' business acumen, he was a successful businessman. Mr. Burkho1der said the ^ �� .-. Plannin� Commission Meeting - April 9, 1975 Paqe 19 � building was already on the location, some cosmetic treatment, and it wouldn't cost much to get a business started there, maybe $2,000. What if in two years time he r, would decide to go over to Highway #65 and start a large operation? Leonard Samuelson, 7800 East River Road, said that he hoped that Mr. Stephens would appreciate that the people in the audience were Mr. Samuelson's neighbors. -� He said that he was the original builder af this property, and said it was built and � zoned properly for a pool center, and when this building was taken over for a.motor cycle and snowmobile business, this was unknown to him because he no longer owned the ,. building. He said the operation that Mr. Stephens was concerning himself with was a far cry from snowmobiles and motor cycles, Ne said he had visited Mr. Stephens offices in St. Louis Park and found the operation very quiet and condensed, and found a very high grade of personnel available at the facility. He said we were � talking about dollars and cents, on what Mr. Stephens was going to invest in this operation. He said he had drawn up the preliminary plans and it had taken about two weel;s to price out the improvements Mr. Stephens wanted to make. He said Mr. ^ Stephens �would be spending in excess of what it cost to build the building hack in 1968. 'It will be in the rea�lms of $100,000. This was to upgrade the facil:ty with landscaping, parking, painting, the signing, blacktopping, changing the fence and ,.. interna1 improvements. He said that when P1r. Stephens and Mr. Benjamin approached him they said they wanted to do the job right. � Mr. Samuelson said that every one here had �he same problem. We have an existing �" structi�re. If Mr. Stephens doesn't provide the investmeni, he said what do we face? He said tive would have a vacant building, the exter•ior of which wouldn't be maintained and the area would go to weeds. He said the adjoining praperty had already gone through ^ foreclosure. As a viable neighhorhood, we do face a problem. Fie said you can't yo up to �:he Planning Commission and say we �ion't want that building, zone the property to residential. With the existing z�ning, with the existing building, what do you do? r. You have a situation where Mr. Stephens was only requesting a Special Use Permit. Mr. Burkholder said he ap�reciated Mr. Samuelson's remarks, but he toak exception to the neighborhood having the problem. He said the neighborhood did have a problem. � He said that the fact that someone owns a building there didrr't make the neighborhood obligated because people had made some bad judgements. He said the City had a vaeed control program, and this would take care of the weeds. He said he was a busir.essman ^ and Mr. Samuelson was in business, and no one takes us out of it if we make an error in judyement. Mr. Burkholder said he didn't consider this as his problem or Fridley's. .. Mr. Drigans told Mr. Burkholder that what he thought Mr. Samuelson was alluding to was that if you looked around in many of the communities and saw all the closed service stations with the windows boarded up and the buildings getting dilapitated, �„ that this was what he meant by having a vacant building at this location. Mr. Drigans said he didn't live on East River Road, but he was concerned about any empty building in Fridley and its aesthetic appearance. Mr. Burkholder said he agreed with Mr. Drigans, � and said he owned the property across the street from this building, so he did have a ", vested equity in the property, and he didn't want anyone to construe that he didn't care. He did care. He said that he was concerned that Fridley have the right thing in the right places, and that was why he had attended this meeting. He wasn't against .- progress per se. He said he was in the real estate business and it was a nation-wide problem, these closed service stations. He felt that they w�uld find alternate uses for these stations, the same way he felt a better ultimate use could be found for this ,_ particular corner. ., Mr. Samuelson said he felt this proposal was a vi�able use for this facility. .� Planning Commmission Meeting - Aprii 9, 1975 Paqe 20 — Mr. Drigans asked if the snowmobile operation at this corner required a Special Use Permit. Mr. Clark said he didn't think it did, but he would like to check the ^. records before this was accepted as a fact. Ne said he didn't know if our Code called for a Special Use Permit for the poal center in 1968 either. ^ Mr. Drigans asked Mr. Stephens if he would elaborate on the amount of traffic that was g�nerated at his St. Louis Park operation. Mr. Stephens said he didn't think St. Louis Park would be a good comparison. He said he would discuss his operation on I. 494. He said they ran an average of 25 repair order� a day. He said ^ they sold on the average of 2 to 3 cars a day and their sales ratio was 1 out of 4 customers. They would sell that many cars on from 10 to 12 customers. He said we were talking about 12 walk-in customers a day and from 25 to 35 service customers a ,,. • day. Then you can plan on having about 20 emplo;yees. Mr. Drigans asked Mr. Stephens how they road tested their cars. Mr. Stephens said they. do have some road tests, but they have a dynamometer, and he thought most � people,were familiar with that. When they do a road test, they take the car out on the road and run it for a half h�ur or so. He said that they really did very 'litt'P � r��oad testing though, because this equipment was pretty sophisticated. Mr. Drigans asked'��lr. Stephens what would be the normal period of time that a used car would sit on the lot. Mr. Stephens said they tried to turn their complete .. � inventory every 30 days. He said the cars �Nere on the lot sometimes only 4 to six days and he thought the average length would be about 10 days. ^ .. Mr. Drigans asked if they intended to have a service facility at this locatione P1r. Stephens said yes, that was ��hat they were using the back part of the building for and they �,�ould have 10 mechanical stalls with hoists. Mr. Drigans asked if they proposed to do any body work. Mr. Stephens said no. Mr. Stephens said th�s building was a warehouse type shell no�a, and a lot of _. expense for this bus�n�ss would be an elaborate fire p�oofing of this building. Mr. Drigans asked if this facility had a sprinkler system. Nir. Clark said they hadn';t discussed this with Mr. Stephens, but there would have to be a one hour fire wall between the mechanical and office portior� of the building, and they would have � to put in a one hour ceiling in the mechanical area or go to sprinkling. Mr. Drigans asked if there would be any storage of gasoline at this location. " Mr. Stephens said he doubted that very much, as there was usually a service station ' in the area that they would use. -- Mr. Langenfeld asked Mr. Stephens if there had been any developers interested in developing this property as residential property. Mr. Stephens said he was not . fainiliar with such a request, as he was p�rchasing this property on an option basis. ^, Mr. Langenfeld said he would like the audience to think about if they would like an apartment building, or a duplex on this property, or to.have the building remain vacant. Ne said he would like to ask Mr. Clark what tax benefits, if any, could be derived by ^ the people in this area if this proposal was approved. Mr. Clark said that in the first place, he was not the tax assessor, but he didn't think there was any place in Fridley where a property owner was given a d�irect -- tax credit for whatever was across the street from them. He said �ny taxes derived from this property would be just part of the taxes callected, and any benefit would be shared by everyone. " e _—� ... Planning Commission Meeting - April 9, 1975 � Pa e 21 � Leonard 6randt, 190 Craigbrook Way, said it had been mentioned how much money Mr. Stephens was ready to invesi in this business, but he too had invested a lot of money in his property, arid if this use was aliowed, it could lower the value of his house. He also wondered if Mr. Stephens was going to want to purchase the " lot to the north of this property, to use as a parking lot in the future, if things went well. He also was concerned about the shrubbery. He said Fridley always requires that they put in shrubbery, and developers do, but by the second season � it was all dead and gone. They never take care of it. He said he had never found out that there was a must that they maintain it. Mr. Stephens said he had no need for the property to the north of the lot he � wants to use. He said he thought it vaould get economically top-heavy to purchase this lat along with the other one. He said the picture they had presented of an existing facility had been in operation for nine years, and they could see how ^ nice the shrubbery was and hotiv it had been maintained. He said it would be very detrimental to their business to let the landscaping go down. .. Mr. arandt said he thought this was onE of the choicest areas of Fridley, and this wauld be detrimental to the area. h1r. St.��hens s,aid his only answer to that would be that this would be much, much more desirable than what he sees on that property r. now. He said they always maintained their operations. Jan Seegar said that one of the fears her neighbors had was �hat one used car lot could lead to a'Lake Street' along East River Road, rather than what we had " ' now. . Mary Martin said that the people who lived or. Craig Way were ready to move out -. of this area, just from what was or that carn�r now, but it was er.onomically unfeas�ble under the present circumstances, so even if this proposal would improve this prop�rty, it was still relative. She said she would like to know how many security lights there ,_ were going to be and how bright they would be, because she was going to have to sleep �with thein. Her second question was how many feet of blacktop they were going to add to this property, because every foot of blacktop they �ut in will drain in her back � yard. Mr. Samuelson said the increase in the blacktop area would be about 1,800 square feet which would drain to the East River R�ad ditch to the Creek and then to the river. — He said the drainage as it was and the drainage that will be, would be negligible. Mr. Bob Dueholm asked that if the Special Use v�as granted, would it be strictly � for the ln�in Stephens Datsun dealership, or would this parcel of land always have this special use. Mr. Clark said he was not the City Attorn�y, but we have in the past, tied the Special Use to a particular operator, with the stipulaiion that a change ir� ownership would require Council approval. As far as he knew, this hadn't been '" challenged. He said that if Win Stephens wante d to transfer the Datsun dealership to another owner, it would probably be hard to deny the second owner. Perhaps if it changed from a Datsun dealership to a different dealership, denial might be easier, -- but he couldn't say. Mr. Dueholm a�ked that if a Special Use Permit was granted for this operation .. on this lot and Mr. Stephens decided to purchase and use the lot to the North, would this Special Use automatically cover that lot. Mr. Clark said he could use this lot for customer and employee parking without a Special Use Perm�t, but if he wanted to use it for the storage af new and used cars, it would require another request for a "' Special Use Permit. � � � � Plannin�g Commission Meeting - April 9, 1975 Paqe 22 ' _. Mr. Dueholm said there were 32 parking spa�ces on this property. He said Mr. Stephens nad said that the,y will have a new car inv.zntory of 50 cars, a used car inventory of 40 cars, 2Q employee cars, and 10 customers a day. This adds up to 120 parking stalls, and he didn't see where all these cars would fit on this � lot. This was four times more cars than he had stalls. He said it would seem to him that the lot to the n�rth would be useful for employee and customer parking. Mr. Harris said Mr. Stephens could use this lot for that purpose without a Special — Use Permit. Mr. Dueholm said that was the point he was trying to make. Mr. Dueholm asked how the cars vrould be delivered. Mr. Stephens said they would be delivered by truck. .. Mr. Stephens said he would agree that they have a limited amount of parking on this property. He said I�e felt they could get by wi�h what they had, because although they had talked about how inany cars they would have on this lat, there was a lot of '^ fluxuation, and sometimes their stock was low and sometimes they got in a lot of cars . at once, so there was quite a variable. He said he thought they could get by, and they could make use of temporary storage in another area. ... � Mr. Drigans found that this .. to operate this so have no fears �aid that if Mr. Stephens was given a Special Use Permit, and he was not a financially sound dealership, in no way would he be allowed as a used car lot only. This was an exclusion in a C-2S zoning, that this was going to be a used car lot only. Mr. Clark said we had gone into this before �his evening, but he thought they ^ should go into what would be allo��ed in this zone without a Special Use Permit, whe�her it was economically feasible or not. There are many other commercial uses that could be put on f:his property and he thought the Planning Commission, the Council — and the people in this area should be aware of this also. He said he wouldn't go througn the permitted uses in C-1 and C-1S zoning, although they were all allowed in . a G-2� zone also. The permitted uses in C-2S are drug stores, hardware stores, depart- .. ment stores, bakeries, bars, i;averns, household equipment repair shops, florist shops, commercial reci~ea�tion, restaurants, excluding "drive-ins". hotels, motels, theaters, lodges, assembly halls, auditoriums, hospitals, clinics, nursing homes, convalescent homes, homes for the elderly, offices, including business and professional, vocational � trade schools, laboratories, medical,, dental and optical, and harmless and inoffensive laboratories accessory to permitted uses, in the same building, other retail or wholesale sales or service uses N�hich are similar in character to those enumerated "' above, will not be dangerous or otherwise de�rimental to persons residing or working in the vicinity thereof. ^ 0 � � � Mr. Clark said that in addition to these primary uses, there were accessory uses which were: Business signs, off-street parking facilities, off-street loading facilities, recreational facilities such as swimming peols and skating rinks, which are available to the public, storage of inerchandise,solely intended to be retailed by a related and established principal use, telephone booths, bus or taxi loading and unloading facilities. Mr. W. "Red" Stang, of A-1 Motor Sports, said he was part owner of the building ' where Mr. Stephens was requesting to h�ve his new car dealership. He thought the wrong impression had been given that this' building would sturid empty if Mr. Stephens request was denied. He said he had been approached by Kowasaki and they were willing to bac�C him in having the largest r:owasaki motor cycle dealership in the United States. He said he could have this de�lership on this property. He said he would rather move over to Highway #i65 and remain a small operator on a more personal basis, but rather than have this building stand empf;y, he wo�ld go into this dealership and he would have to handle a minimum of 350 to 500 motor cycles a year. �----� .� Planning Commission Meeting - April 9, 1975 Page 23 Mr. Clark said that our zaning ordinance doesn't say that snowmobiles are a permitted use or an excluded use, or even if that use needs a Special Use Permit, probably because no one had heard of snowmobiles when our ordinance was written, so — he didn't know if Mr. Stang could have this large an oper,ation or not on this property. He said it would take a determina�cion by the Zoning Administrator and the City Attorney before it would be known if this was a permitted use. ^ Mr. Harris said the problem uaith this was that Mr. Stang had already sold snowmobiles and motor cycles at this location. Mr. Clark said he was aware of that, but he didn't know about that large of an operation. He couldn't say that Mr. Stang � could or could not do this. Mr. Kam said it� was his observation that this snowmobile business and motor " cycle business had sort of sneaked in the back door, and if anyone had been aware of . what was going in at this location, it would have faced a lot of opposition. .- Mr. Burkholder asked Mr. Clark the percentage of land area coverage by the building, the per�entage of parking area and the percentage of green area necessary in C-2S zoning as he wasn't familiar with this section of th� zoning ordinance. � Mr. Clark said the building could cover 40% of the land area, and this building was� less than 40%. The green area only has to be a 20 foot strip along the right of ways or when it was adjacent to residential property. On the parking, 20 foot of the front area was restricted, and that was the green area, and they cannot park any closer ta any lot line than 5 feet. He said he couldn't find any restrictions on the percentage of blacktop in the Code. — Mr. Drigans said that one of the reasons for a Special Use Permit was to allow the City the right to establish certain regulations and restrictions on the property. . He said this could include the number of vehicles allowed on the property and any „ other restrictions that were pertinent and reasonable. Mary Mar�tin said that wheh this lot was full, people would be forced to park on East River Road. Mr. Stephens said he still felt they had adequate parking. They "' � would keep the drive in area open. He said this type of operation did not have a rush hour like a grocery store or a drug store. He said people come and go. He said they were anxiaus to have people come in easily and readily and have a p1ace for them to — park. Mr. Benjamin said that in their facility in south Minneapolis; they do use auxilliary parking for their new cars so they can keep adequate parking for their customers. .. Mary Martin said she didn't feel she got an adequate ansvrer on how much blacktop there would be on this racility. Mr. Samuelson said he could show what was being added, and he didn't think this would increase the run-off from this property. She "' said the other question she had asked was on the lighting. Mr. Samuelson said this was a very good question and one he was sure other people were concerned about. He said Mr. Stephens had answered the question an the lighting on when the facility was — open for business. Ne said the security lighting was another question. Mr. Samuelson � pointed out on the plot plan where the security lighting would be located. He said that the security lighting would be directed back towards the site, except for the ^ high intensity light on the 20 foot pole. They would have 120 foot candles at the bumper�level and back further they would have 80 foot candles. There would be mounted fixtures on the building itself. "" Mary Martin said she would like to address the Planning Commission as a member of the Environmental Quality Commission. She said that as a member of the Envi.ronmental � �--,.-�� .. Planning Commission Meeting - April 9, 1975 Page 24 - ^ Quality Commission she was concerned about the quality of life in Fridley. She thntanht this included what you had to look at and listen to, and everything else. She wondered ifi Mr. Stephens would like to sleep under that many lights. She thought these things.were very important in order to continue the quality of life ` in Fridley, and tf�ought the residents as well as businessmen had to be considered. Mr. Stephens said they had had similar problems before, and they did put ^- reflectors and snields on their lights so there was no reflection across the street. It worked out very well�and he was sure they could do the same thing in Fridley. ,.. Mr. Langenfeld said he would like to read a portion of the Fridley Code to the audience. He said it pertains to what we are discussing here, and it may hasten this discussion a bit. This was in regard to a Special Use Permit. He said it stated in the Code that rthe purpose of a special use permit is to provide the City of ^" Fridley with a reasonable degree of discretion in determining the suitability of � certain designated uses upon the gene:�al welfare, public health and safety. In making this determination, whether or not the special use is to be allowed, the ^ City must considPr the nature of the land upon which the use is to be located, and nature af the ad�oining land or buildings, th"e proximity or a similar use, the effect upon traffic into and from the premises, or on any adjoining road, the total ., number of similar uses within, the Ci�ty, and ail such other or further factors as the City shall deem a requisite of consideration in determining the effeci of such use on the general welfare, public health, and safety." Mr. Langenfeld said he would like to indicate at this point, in regard to environmental procedures, etc. that ^' both the Planning Commission and the Environmental -Quality Commission wauld like to look into this request. He said tha� in reading what the_purp�se of:a Speciai Use Permit was, you could see that before any determination could be made, all of ^ these factors must be given proper c�onsideration. - . Mary Martin said that piece of property was already higher than the residentiai .. area . Mr. Charles Seegar said he thought his request should be turned down and the property left as it was until a proposal came �n that the residential area could live ^ � with. Mr. Drigans said the only way this property could be rezoned would be if the ^ owner askea for rezoning or if the City went through condemnation proceedings which would be very expensive. .. Mr. Langenfeld said he appreciated the feelings of the people who live along East River� Road because he lived on East River Road himself. He just wanted to bring out that the P7anning Commission f�ad to take into consideration the rights of the property owner also. He has the right to be heard. He said the purpose of a Public ^ Nearing was so that all parties could be heard. Mr. Burkholder asked if the Datsun sign would be lit up at night: Mr. Stephens " said that if he meant all night, no, it would go off with the exterior 1'�ght, leaving " just the security lights on. _. Mr. Stephens said this sign would not be placed on the building as it was shown. on the�drawing. It wouldn't meet the requirements of the sign ordinance there, and would be placed on the back portion of the building. He said, as he had mentioned _ before, that th� exterior lights would only be on for about 4 months of the year because of daylight saving time. , . _ :.�� '� Planning Commission Meeting - April 9, 1975 � Page 25 Mr. Clark said they had discussed the Datsun sign with Mr. Step�sns and it — could be raised two feet above the roof of the building, but it could not be on top of the roof. . ,r Mr. Harris had it call�d to his attention that not everyone who should have been notified of the Public Hearing had received notices in the mail. He read the mailing list to the audience. Mary Martin said there were people that should have been notified that were not on the 1ist. Mr. Harris asked the staff to check on ^ this. Chairman Harris said this Public Hearing notice Hras also published in the Sun Newspapers. Mr. Clark said that if the City Code were followed, only persons within 200 feet of this property would have to be notified of a request for a Special ^ Use Permit, but in practice we notify everyone within 300 feet, except for rez�ning, and that was 350 feet by State Statute. He said it was not the intent of anyone on the City staff to not send out notices of these Public Hearings, because we all ._ gain from citizen input at these hearings. He said there was sometimes a lapse of 30 t0 60 days in getting a new property owner's name from the County and some people whd purchase property on contract for deed did not file these with the County. This can cause problems in notifying the current owner of the property. One man said his � name was on the list, but he had not received :ie natice. Mr. Haggerty said that if there were no more questions from the floor, he would ^ like to summarize what had been said and to restate their position. He said it might clarify a few things, and it may open up a few more questions. He said the first thing he would like to do was to thank all the people who had come to this meeting. He r. said this was the way it should be when sameone was proposing to open up a new business. The community should know what was being proposed. We have to live in this community and we have to work with the community: Mr. Haggerty said the property was zoned correctly. The only requirement was that we have ta obtain a Special Use Permit r first. What tha� rneans, a5 Mr. Langenfeld pointed out the purpose, was that it gave the Planning Commission the power to apply restrictions in granting a Special Use Per�nit if they feel there was evidence to show that this could endanger the public " •health, safety and welfare. Otherwise, they cannot technically deny the Special Use Permit because the property 4�+as zoned properly. He said that a number of people have voiced a concern about real estate taxes. He said that technically and legally the .. ef;�ect on taxes was not a factor that should be considered. However, he thought they would have to look at the property in question. First, the property just north of this lot has been foreclosed upon. He said the property in question may continue _, or not continue if Win Stephens dealership did not move in. He said that the point was that Mr. Stephens was ready to invest over $100,000 in this property. He said he could not see how this was going to lower real estate values. It would increase the tax base for the City of Fridley. It would be better to have a well landscaped, " � improved building across the street from you than a vacant building. This may continue as a snowmobile and motor cycle business. These are the things that have to be considered. We wantto work wiih you and develop something with your demands and -- requests in min�d. That was why we were at this meeting. He said a number of people had voiced concern about the traffic, the problems with East River Road and 77th Way. He said they were willing to work with the City Engineer and work out a feasible _, traffic arrangement. If the City Engineer feels there should be no on-street parking on East River Road, we would go along with that. We are willing to meet almost any kind of conditions as far as solving the traffic problem. So if we alleviate the traffic problem, we alleviate the problem far you. As far as parking on the premises "" itself, we feel we have adequate parking on the premises and will make arrangements to have new cars moved to another location if necessary. We will attempt and endeaver to do everything �in our power to keep the parking facilities within safety requirements. — We t�ave had some questions on the environmental quality of the a�rea. He said that Mr..Stephens has stated that he would like to see this landscaped from the front of ^" Planning Commission Meeting - April 9, 1975 Page 26 of the show room all the way down to East River Road. There would be top grade ^ landscaping all along East River Road and 77th Way, so aesthetically he thought they were improving the area. Another question was raised on the lighting. We have developed a system where the lights will not reflect into the residential area or -- ;reflect into the traffic pattern of East River Road. He said that this would be -��exclusive dealership, it was a Datsun, a good vehicle which was in demand. This • would be the only �atsun dealership in the northern suburbs, which means it would not close. The dealership in the southern part of t�tinneapolis was going very we11. ^ They are selling a lot of cars. He said that brought us back to the traffic going to this property. He said they had indicated that there wou1d be abaut 25 people a day for service and about 12 customers a day looking at cars. That's 37 people a day. He ^ said that people have mentioned drainage problems. All these prablems would be taken up with the City Engineer. He said that as far as safety hazards, they would be meEting all the requirements of the codes that the City imposes, the County imposes, ^- the Stat:e imposes, and even Federal. We have did this in every single one of our facilities. He said that as Mr. Stephens had indicated, we were not a junk car deaiership. We intend to be a first rate dealership, and if we:let the landscaping ,^ go down hill, our sales will go down hill, and this was our livelihoad. He said that ane of the most important things was tha�'ou have a neighbor, a local man who lives in the area, who will actually be doing most �.f the work, Mr. Samuelson. He said he knew that Mr. Samuelson would try to do the best job possible. He said ^ they wanted to work with the people in the area. If you would like to put your comments .. and objections in letter form for thz Planning Commission, so theyknow wha � they.are, that would be fine. We will attempt in every way possib�e to meet those demands. .� Our idea was to work with the area and make goad relationships over the years, not in any �vay to lower property values. He said he requested at this time that the Planning Commission make a motion on this request, second it, and vote upon it, or �, if they wished to continue this request for further study, they would have �o objection to that. He said he realized there had been a �ot of objections to this request and a lot of demands made at this meeting. We wauld like to honor those and find a way � to solve them. ' Mr. Win Stephens said that he regretted the opposition he had heard at this meeting. He said that personally he didn't like opposition because he liked to get -- along with everybody, and what we say we will do, we will dQ. Ne said he saw this facility and it was offered to him as an available site, it looked good to use, and we thought we would be able to do some good for the City of Fridley as well as establish _ a good dealership. He said that what they had laid out here at this meeting was subject to change. Mr. Stephens said that if there were some things the Planning Commission didn't likP " about this proposal, ar the Council didn't like about.it, or who ever, we would be glad to adjust to it. We have made our�.application and we feel we can do a good job. We feel that this would be a worthwhile project, a worthwhile acquistion to the City — of Fridley. The facilities were there and we feel that we can put;them to good worthwhile use. He said he apalogized for the opposition he had heard at this meeting, and frankly, he didn't like to hear it. ^ Elaine Hartman said she still maintaineci that there was too much traffic on East River Road. ' " Mr. Paul Burkholder said that Mr. Stephens had a v,ery �.positive attitude. He does not speak as to whether he gets his request, but rather that he would be willing to do the things necessary so that he will get it. He has brought in an eloauent — lawyer with hirn. Mr. Burkholder said he wasn't a trained lawyer, and he didn't believe any of the people in the audience were. He said that he was used to appearing � �� .. Planninc�Commission - April 9, 1975 Page 27 r' on his own behalf on requests he had made to the Planning Commission. He said he didn't think he had ever seen a turn out like they had at this meeting with this amount of spirited opposition. He said he asked the Planning Commission at this — , time to categorically deny this request at this meeting, and it not be tabled. Mary Martin asked what procedure this request would follow. Mr. Harris said the � Planning Commission was only a recommending body. The fina�l decision was up to the Council. Right now, the Planning Commission could vote for approval or denial, continue the request to their next meeting, or pass it on to the Council without a �.. recommendation. ' Mr. Clark said tha� it should be mentioned triat the Special Use Process requires a Public Hearing before the Planning Commission. It c�aes not require the Council to r• hold a Public Hearing, but they could at their option. He said that when the Planning . Cammission made a decision, the audience would be tald at that time which Council meeting that this request Gvould appear. As a general rule it would appear on the ^ Council agenda about 11 daS�s after the Planning Commission decision. Mr. Drigans said he was not one to make snap judgements, and he would like to see what: type of stipulations would be necessary as far as lighting, parking and ^ drainage. In addition, he though� he would like to revietir the minutes of this meeting before he vrould be ready to make a recommendation. He also thought th� Planning Commission should give consideration to referring this to the �nvironmental Quality � Comn�ission to get their comments to see what input they might have, and give these comments back to the Planning Cflmmission. He thought there were enough questians that should be studied before a determination could be made. He was in favor of ,, continuing the Public Hearing. ' Mr. Lindbald said that because of the good turn out it was both good and bad as � far as making a decision. He said he a�as glad that so many people had attended this r` meeting, bt�t he said that before the meeting started, he had an opinion on this request, but as the mee�Ling went on it became harder and harder to maice a de�ision, as he 'was sure that anyone who had been on a Board of Commission could understand. ►- . He said he thought it was best to continue this reuest, because it seemed to him that the people in this area were going to have one proposal or another, a snowmobile and motor cycle agency or a new and used car agency. He said he could understand _ the neighborhood's problem and position. He said he didn't know which proposal � was the best, not that it was a definite thing that either of these dealerships wculd ' be on this pro�erty. For this reason, he said he agt�eed with Mr. Drigans, to continue this Hearing. r Mr. Langenfeld said he agreed with Mr. Drigans, that the minutes would have to be reviewed. He said that if the Environmental Quality Commission was going to �- review this� request, he would like a member of the City staff to be present. He said , he thought the Environmental Quality Commission shauld concern themselves with the traffic and drainage problems, and felt that the other factors such as economy and the .. over-all effect of this proposal were environmentally sensitive. Mr. Clark said � this proposal would be going to Building Standards on Apr.il lOth. MOTION by Lindblad, seconded by Drigans, �hat the Planning Commission recommend ^ that the minutes of this meeting be given to the Environmenta.Z Quality Commission • for their meeting of Apri1 15, .Z975 so they could review the traffic and drainage problems on this property and refer their comments back to the PZanning Commission, "' and eontinue the Public liearing on the request for a Special Use Permit, SP #75-02, by Wyman Smith, Attorney for W. R. Stephens, Jr., to permit the sale of new and used cars, per Fridley City Code, 5ection 205.101, (3,B) and (3,G) in a C-2S Zone (general ... � Plannin� Commission Meeting - April 9, 1975 Page 28 " shopping areas) to be located on Lat 1, Block 1, Pearson's 5econd Addition, the ' same being 770Z East River Road, until their Apri1 23, 1975 meeting. Upon a voice vote, a1Z votinq aye, the motion carried unanimously. ..., � Mr. Drigans and P1r.. Harris asked P1r: Clark to check and see if Mr. Stang could have a large motor cycle and smowmobile dealership on this property. ^ 3. VACATION REQUEST: SAV #75-01, NORTH SU3URBAN HOSPITAL DISTRICT: To vacate all that part of 76th Avenue Pd.E., located in Osborne Manor 2nd Addition lying East af the East line of 5th Street N.E. to be used for parking and planning ^ purposes. .. � ., .. No one was present to represent the petitio.ner. Chairman Harris said this had been part of a lease agreement between the City of Fridley and the Pvorth Suburban Hospital District for parkland. Mr. Clark said this was samething that hac� been talked about over a ye°r ago when Hospital District urere making plans for the office structure on this property. They have always said thai they would be willing for the City to have some park land on this property if the City would vacate 76th Avenue so they could get to their property on the north side of ;6th. Nr. Drigans asked if they owned all the lots on the north side of 76th. Mr. Clark said they did not own the lot at 401 76th Avenue N.E. Mr. Harris said this lot had access to 5th Stre�t. Mr. Harris asked about Outlot 1 adjacent to the park area, and wondered if this r, was part of the street right of vray. Mr. Clark said it wasn't street right of way. He said the reason this was an autlot was because it was under the same ownership ' as Melody f�ianor. It was of such a size and location that it couldn't be used for anything so it 4�ras made an outlot. r �� Mr. Langenfeld said he didn't quite understand what 'vacation' rneant. Mr. Harris said it meant that they ��rere vacating the public use of the property. He said 76th was a public easement for street access. He said the street had never been put in, but without a vacation, a street could be constructed at some future date. Mr. Clark said that when this property was platted, the owner dedicated this land fo►~ a street easement. ' Mr. Clark said the one thing they �ould have to utilities over that portion where the utilities were .�" Qistrict would still be able to use this property for they could not build a structure on it. do was to retain an easement for already in. The Hospital landscaping and parking, but •- Mr. Harris said this was not mentioned in the lease agreement. Mr. Clark said , he was quite confident that the Hospital Board knew that the sanitary sewer was in � this easement and wanted the City to maintain it. Mr. Harris said this would have ^, to be made a stipulation on the approval of the request, and maybe the lease agreement ', should be amended so that this was a part of it. ' Mr. Harris asked if the property owner at 401 76th Avenue N.E. had been notified �' of this request. Mr. Clark said he would get 50 feet from this vacation because � this had all been part of Melody Manor 2nd Addition. The secretary said she hadn't notified this owner, as no notices had been sent because i;his was not a public hearing. - Mr. Clark said that if this bothered the Planning Commission, they could continue this . request and that owner could be notified. He said th�re would be a Public Nearing � .- Planning Commission Meeting - Aprii 9, 1975 � Page 29 ^ on this request by the City Council. 4 Mr. Harris said he thought that owner should be aware that he was going to ._ have another 50 feet of property, before they recommended approva1 of this request. • Mr. Drigans said that in exchange for the vacation of 76th Avenue, the Hospital Board was giving the City a 7 year lease for park land, and thereafter continue for ^" an indefinite period of time. He wondered why this wasn't replatted and the park land given to the City on a permanant basis. Mr. Clark said that the make up of this property, and the fact of the law passed by the State legislature in setting up this ^ Hospital District, is such that they cannot sell any of their property unless they go back to the legislature and get approval. He said there were bonds on this property also, which added another legal problem in disposing of any of the property. This .. was why it was a lease. Mr. Clark said he wasn't aware that this lease could be terminated by either party after 7 years. Mr. Harris said he would like to -find out the status of Outlot 1, whether it � was tax delinqu�:�t or no1;. He said the City w•� go�ng to en� up maintaining this outlot a1ong with the park. He w��uld like to have the property owner af 401 76th Avenue notified of this request and he would like Mr. Clarl� to check on the 7 year ^ lease for the park land. Mr. Lindblad said he thought tha�; one of the reasons for the 7 year lease was „ because the North Suburban Hospital District might need this land for expansion some day. Mr. Clark said that was possible because they did state at a meeting before the Planning Commissian that the field of inedicine ulas changing so fast �hat they didn't � know what facilities they may need in the future. Mr. Drigans said he thaught the Cit.v should have an option to purchase the park land when the bond indebtedness was satisfiea. .. ' Mr. Clark said he would check on the 7 year lease, check the status of Outlot 1, and notify the owner at 401 76th Avenue N.E. of this request. � , MOTION by Drigans, seconded by Lindblad, that the P1ann_inq Commissinn continue the vacation request, SAV #75-01 by North Suburban �3ospital District, to vacate a1Z ,� that part of 76th Avenue N.E. located in Osborne Manor Second Addition Iying East of � the East line of 5th Street N.E. to be used for parkinq and p.Zanning purposes, until f tl�eir meetzng of Apri1 23, ].975. Upon a voice vote, a1I voting aae, the motion carr_ied unanimously. .�. 4. SET DATE FOR SPECIAL WORKSHOP MEETING r— MOTION by Drigans, seconded by Lindbla ; date for their special workshop meeting for voting aye, the motion carried unanimously. ^ 5. DISCUSSION d that the Planning Commission set the ApriZ 15, .Z975. Upon a voice vote, a�1 Mr. Clark asked the Planning Commission if it was difficult with only three ^ members on the Planning Commission. Mr. Drigans said that; both Mr. Harris and himself � were subject to traveling out of town, and if they had to be.away, they would not have a quorum for a meeting. Mr. Clark said that as the Councilwa� considering changing the r- make-up of the Planning Commission which would require an ordinance, it would probably be almost July before any new members were preman�ntly appointed to the Planning Commission. Would they like to suggest to the Council that someone be appointed on r. �--�. r. ; Planning Commission Meeting - April 9, 1975 � Paqe 30 ►� a temporary basis? Mr. Harris said he had been at every Council meeting on this same theme. He said ii was very difficult to operate with three members. The Council says we have four members. He said he told them that Mr. Blair's obligation �., was over April lst. They said he should serve until someone else was appointed. Mr. Clark said that Mr. Blair was still a member of the Planning Commission, but if he did not choose to come to the meeting, he had that choice. " Mr. Clark said that it was in the City Code thdt in the absence of a Chairman of a Subcommittee, the Vice Chairman could sit on the Planning Commission and act in their place. Mr. Harris said that George Meissner was the Vice Chairman of the Plats ►- & Subdivisions-Streets & Utilities Subcommiti;ee, and he could act for that Subcommittee. Mr. Clark said he would check the code, and if it was possible, the Vice Chairmen. would be contacted. � Mr. Harris said that he had been contacted by Fred Bebensee of the Fridley Police Department, and he would like to make a presentation at a workshop meeting on"some new procedures and equipment on security locks and lightin�. He said he " didn't know how useful this information would '° to the Planning Commission, but it would be interesting to hear about the�e things. He said there might be something they might want to incorporate into the Code, and it could be something they might � want to use on park buildings, etc. He said that Jerry Boardman should find out how long this presentation would take, and schedule it for a workshop meetTng. � l�DJOURNMENT: MOTION by Drigans, seconded by Lindblad, that the Planning Commission meeting � by adjourned•. Upon a voice vote, alI voting aye, Chairman Harris adjourr.ed th� Plarninq ' Corr�mission meeting of Apri1 9, 1975 at 12:50 A.M. ... .� i�l Respectfully submitted, .- G��-/ 'Z� `� Dorothy Evens. , Secretary .. r- ... :.� � r ; .� r, i n i� � �+ �� r. r. , BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE OF APRIL 10, I975 Chairman Lindblad called the meeting to order at 5:00 P.M. MEMBERS PP.ESENT: Lindblad, Seeger, Simoneau MEMBERS ABSENT: Tonco OTHERS PP.ESENT: Jerry Boardman, Planning Assistant MOTION, by Seeger, seconded by Simaneau, to approve the minutes of the March 20, 1975 meeting as written. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. 1. CONSIDERATION OF A REQUEST FOP BUILDING ALTEP.ATIONS FOP. USE AS A AUTO AG�NCY: LOCATED O1� LOT I, BL:uK I� P�ARSON`S 2YdD ADDITION. THE SA�� BEING 7701 EAST RIVEP. P,OAU, FF.IDLEY, MIi�IidESOTA. (REQUEST Rv STF.PHF.N � S B11T c:K _ 2370 S. HIG1iWAY 100 . MINi1EAPOLIS , MINNESOTA. �1 P•ir. rlark Haggerty, the attorney representing Stephen's Buick, and Mr. Leonard Samuelson, contractor, were present for the request. Mr. Haggerty presented the plans to the committee. P1r. Lindblad stated that an alternative plan is now being used from the one presented at the Planning Conimission meeting on April 9, 1975. Mr. Haggerty stated the new proposed changes are for a 20 foot set back with all green area in front of the building. The 83' X 33' steel and concrete slab wi11 be left remaining for displaying of new cars. Mr. tiaggerty stated he would be working out a landscaping plan with Bachmans. Mr. Haggerty stated the cyclone fence now in existance would be brought back running it along the South line of the property. In so doing you will see greenery before seeing�the fence. The curbing that is now in will remain. Along the back line every 5 to 10 feet there are 25 foot popular trees, they will remain as part of the landscaping plan. Mr. Boardman suggested that the front fence be a wood fence or some kind of`decoration fence. Mr. Samuelson stated that he would prefer an aluminum skin painted on plywood panels covering a chain link fence. Mr. Boardman said that he would like to see an example of this fence before it would be approved. . .� j 0 -- BUILDING STANDARDS-DESIGPI CONTROL SUBCOt��1ITTE� OF APRIL 10, 1975 Pg. 2 Mr. Lindblad asked about air conditioning units and heating units located.on the roof. �..� Mr. Samuelson stated they were, but only if you are looking for them. P�r. Boardman stated he would like to see a pylon sign in the landscaped area which could be visible from the road, and a wall sign built in the � actual facia of the building instead of the roof sign as shown on the '� picture. Because of the lack of competition of signing ne felt the raof sign was not needed. Mr. Lindb�ad asked about the kind of aars being sold. Mr. Haggerty stated they would be selling new Datsuns as well as used cars. Ste��iien's Buick will have to obtain two special use permits, one for new cars and one for used cars. r P�Ir. Haggerty discussed adequate parking. He stated there would be ;" no parking on 77th or East River Road. Mr. Haggerty showecl on plans , (marked in red) where there would be 90 places to park cars not count- ,� ing the showroom. P�Ir. Lindblad asked about the use of security lighting. Mr. Samuelson discussed the type of lighting presently considering. Mr. Samuelson presented pictures of security lighting. The type of lighting would be Tietalarc 1000 (Bal Series). The lighting would be placed all the way around the I.ot at a heigiit of 20 feet. . Mr. Baardman asked if a more decorative type of lighting could be used at a 15 foot height. Mr. Samuelson stated the law required 100 foot candles 30 or 40 feet apart. The expense would be to much if the suggested security light- ing were changed. At present the liglitin.g will run at about $3,000. per fixture, wired and mounted. r` Mr. Samuelson stated at present Mr. Bacon,; of Bacon Electric, Fridley, ,, is working on the lighting fixtures and wiring for the lot. Mr. Boardman stated he would like to see the lighting hlend in with the landscaping and display area, omitting the use of some of the poles every 20 feet in the lot. By staggering the lighting and making full use of high and low intensity areas, you would not only save on lighting standards, but would provide an interesting lighting effect which would � differ from a typical row type lighting used on most used car lots, Mr. Boardman asked how late the dealer would be open. ��2 Mr. Haggerty stated it would be open til 9s00 P.r1, rionday through Thursctay, ,.., 6:00 P.M. on Friday and Saturday. At closing the security lighting would ;' be the only lighting on. • � .� �3 ""' BUILDING STANDAP.DS-DESIGN CONTROL SiiBCOPQIITTEE OF APP.IL 10, 1975 Pg. 3 •- Mr. Samuelson showed a coZored picture of the building. He stated the use of a darker beige or brown on the outside and yellow in the display room are their standard colors. r �� .. �� Mr. Samuelson suggested if the Datsun sign was changed from the suggested sign on the plans to a facia sign it could be used as part of the security system lighting. Mr. Boardman said he would like to see a pylon sign designed into the landscaping. MOTION, by Simoneau, seconded by Seeger, to make a recommendation for approval of the request with the following stipulations. 1.) Landscaping design to be reviewed by Planning Department. 2.) Landscaping to be developed in those areas as modified on the plans. 3.) System using fewer lights and having lig�iting blend in with the landscaping in some lind of design treatment. 4.) Suggest the roof sign be eliminated and that a pylon sign be designed with the front area landscaping. �° ._ 5.) That a wood fence or some other attractive decorative treatment ' fence be placed in that portion of the storage yard facing East River Road and that the rest of the storage yard be chain link '^ with wood slats. 6.) The concrete slab is to be cut down from the present size to make a smaller display area that is to be landscaped on four sides. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. ^ 2. CONSIDERATION OF A REQUEST BY ISLANDS OF PF�10E FOUNDATION TO CONSTRUCT A BRIDGE FROi�i HAYES RIVER LOT TO CHASES ISLAND. "�' LOCATEV AT 59n0 EAST RIVER ROAD1 FRIDLEY, MINNESOTA. Mr. Boardman stated the bridge will go from the Hayes River lot to ►- the Islands of Peace shelter bui�ding and parking lot. . Mr. Simoneau stated that the seabees will spend the summer preparing �,,, the ground. Mr. Simoneau stated that the bridge is 8 feet wide and will be wide enough to allow two wheel chairs to pass on it. The bridge is a '�' - pre-made wood bridge, the cost being around $37,000. .. � 34 BUILDING STANDARDS-DESIGN CONTT20L SUBCOI�R�IITTEE OF APRIL 10, 1975 Pg. 4 Mr. Boardman stated there is a 20 foot set back for the parking lot. There will be 12 foot stalls for handicapped parking and 10 foot stalls for regular parking. Mr. Boardman stated more landscaping should be added. Mr. Simoneau stated the work would be closely watched and will � follow the plans. Mr. Boardman s.tated the Engineering Department had gone over the plans and suUmitted their approval. � MOTION, by Seeger, seconded by Simoneau, to recommend approval of the request with the following stipulation. 1.) More lar�dscaping be provided around the parking lot. UPON A VOICE VQTE, all voting aye, the motion carried unanimously. Chairman Lindblad adjourned the meeting at 10:00 P,M. Respectfully submitted, �� . Arlene L. Smith Secretary ' � THE MINUTES OF THE BOARD AF APPEALS SUIICOMMITT�� MEETING OF A�RIL I5, 1975 �J ^ The meeL-ing was called to order by Chairman Drigans at 7:35 P.M. MEMBERS PRESENT: Drigans, Crowder, Gabel, Plemel, Wahlberg ,-, MEMB�RS A33SEidT: None OTHERS PRES�NT: Dick Sobiech, Public Works Director, Howard Mattson, Engineering Aide .�, MOTION by Wahlberg, seconded by Gabel, to approve the minutes of the April 2, 1975 meeting as written. Upon a voice vote, there being no nays, the motion carried. "� l. THE CITY HAS RECEIVED A REQUEST FROM MR. WYMAN St�2ITH, ATTORNEY FOR MR. RICHARD D. POVLITZKI, 049IQER OF THE E'RONTIL'R CLUB LOCATED A1' 7365 C�NTRAL AVENUE N.E., FOR INT�P.�'FZETATION OF THE Z�IIING CODE WHICH WOULD PERMIT THE ISSUANCE OF A LIQUOR .- �ICENSE 01V C-1 PROPLRTY BY VIRTUE OF AIQ EXISTING NON-CONFORMING USE. THIS REQUEST WAS DENIED BY THE ZONING ADi�iINISTf2ATOR. THE PROPERTY OWNER HAS REQUESTED AN APPEAL' OF THE ZONING ADMINISTRATOR`S INT�I2PRETATION. � MOTION by Wahlberg, seconded by Plemel, to open the public hearing. Upon a v^ice vote, there being n� nays, the motion carried. '"' Mr, rQark Iiaggerty, of the law firm Smith, Juster, Feikema, Haskvitz & Casserly, was present to represent the Frontier Club. •. � Chairman Drigans read to the Board, Section 205.182, Powers and Duties of Soard of Appeals, from the City Code. This Section states, "The board shall have the power and duty of hearing and recommending to the City Council as herein provided, ._ appeals or requests in the foZlowing cases: l. Appeals where it is alleged that there is �n error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of this chapter or of the State Building Code. 2, Requests for variances of the State Building Code from the '-' literal provisions of this chapter in instances where strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration." Chairman Drigans added that the request the Board is •- hearing tonight relates to item #1 of this section. Chairman Drigans then read to the Board, Section 205.151, Non-Conforming Uses and � Structures, subsection #1 which states, "1. Any structure or use lawfully existing upon the effective date of this Ordinance may be continued at the size and in manner of operation existing upon such date except as hereinafter specified." He also read subsection #3 that states, "3. Whenever the non-conforming use of a ''�" structure is changed to a use permitted in a more r�stricted district, such use shall not thereafter be changed to a use permitted in a less restricted district." Chairman Drigans added that the zoning district that is involved in this case is ^ C-1, and he read from the City Code, Section 205.102, subsection 1B, Uses Excluded, in C-1 and C-15, that, "Taverns, beer gardens or bars serving any alcoholic , beverages on the premises." .� Chairman Drigans stated that these are the sections of the City Code that this request is dealing with. � Chairman Driqans said the request also deals with two State laws; 5ection 340.001, subdivision ##2, defining non-intoxicating malt liquor, which he read to the Board, and, Section 340.07, subdivision #2, defining intoxicatinc} liquor, which he also �- read to the Board. He said these twa sections were referred to in the Public Work Director's letter to Mr. Wyman Smith of April 7, 1975. .� .. Page 2 Tl�:e Minutes of the Board of Appeals Subcommittee Meeting of A�ril 15, 1975 �s Mr. Mattson then introduced the property in question to the Board by pointing it ` out on the Fridley map and also by giving them the portion of the half section map shawing this property. Chairman Drigans pointed out the zoning and existing uses of the land in the general area around the Frontier Club. This summary ►-� pointed out 5 different zonings located in this area. Mr. Sobiech stated that the initiation of this request began with a memorandum ,,� from Mr. Wyman Smith indicating that he would like a determination from the Zoning 73dministrator that granting a liquor license to the subject property (Frontier Club) would be a legal extension of a non-conforming use. He said the memorandum was addressed to the City Manager, Mr. Nasim Qureshi, but the City Attorney made ~ the detennination that the Zoning Administrator was the Public Works Director and therefore he received the request. -� Chairman Drigans stated the Board should identify the letters and parts of the Codes that they are referring to as exhibits; Exhibit #1- Powers and Duties of Board of Appeals, Exhibit #2-Non-conforming Uses and Structures, Exhibit #3- Uses „� Excluded in C-1 and C-1S, Exhibit #4-5tate Law on Non-intoxicating Malt Liquor, Exhibit #5-State Law on Intoxicating Liquor, Exhibit #6-Section of Map.referr-d to, Exhibit #7-Memo from Mr. Smith to Mr, Qureshi dated March 19, 1975. � Mr. Sobiech stated that basically after receiving this memorandum, he reviewed the City Code for C-1 zoning, and under the Code, the use of taverns or bars is excluded and therefore he would be functioning this whole review on this ^ situation, as a non-conforming use. He said af ter reviewing the City Codes and Minnesota Statutes, a finding that the applicant was entitled to a liquor license for an existing non-conforming use was denied. He said there were several reasons „� why he interpreted the Code as such. He said he would go through the letter he wrote to Mr. Smith which includes these reasons for denial. The first reason was; that the manner of operation of the non-conforming use would be substantially changed by permitting the conversion of a 3.2 and set-up operation to an operation � having an on-sale liquor license. He added that Mr. Smith, in his memorandum, alluded to the fact that 3.2 beer existed at their facilities prior to the ' implementation of the Zoning Code and that it was therefore a legal non-conforming — use as 3.2 beer is an alcoholic beverage. He said he agreed that 3.2 beer is an alcoholic beverage but the State and City in adopting their various licenses and applicati_on procedures for these licenses, show a very substantial difference ,� exists between allocation of issuance of a license for a 3.2 operation versus an intoxicating liquor type operation. He said due to the substantial difference implied�through the City Code and State Statutes, this was a major point of .. discussion. � Mr. Sobiech said the second reason for denial of the request was that the requested application for an on-sale liquor license contemplates an increase in the size of ^ the non-conforming use. He said this was based mainly on the plan submitted at the public hearing meeting of January 13, 1975. He passed out to the Board the _ minutes of this meeting. The plan was also shown to the Board. He explained to ^, the Board the portion of the building used for the 3.2 operation and added that their kitchen facilities had been removed but the owner had indicated at the meeting that they would be replaced. He said in essence the use of the establishment had been reduced on one end in tliat they did not have the kitchen facilities; here � they are proposing the kitchen facilities, including remodeling of the existing structures. He said it should be noted that there is to be no exterior remodeling. An additional expansion that was noted on the plans, was to the north, and upon � discussion it was determined that this would be used for storage, and Mr. Sobiech .. ^, Page 3 �he riinutes of the Board of Appeals Subcommittee Mee�ing of April 15, 1975 :�`�►7 added that in essence, it is making available an additional amount of the existing � building for a non-conforminy use. The third reason Mr. Sobiech stated for denial was that the granting of an on-sale ^^ liquor liceiise would cause a perpetuation of a non-conforming use. He said basically the intent of the Zoning Code is to allow a non-conforming use for a reasonable amount of time. He added with the granting of the issuance of a liquor license to ,� this establishment, the request would be to continue a non-conforming use and in this case, beyond a reasonable amount of time. The final reason for denial, Mr. Sobiech stated was based on an assumption that he `� made from what the owner had stated at the public hearing meeting. He said with the amount of investment that was noted at the meeting, he felt the petitioner would have to make up this investment somehow and that would be to draw more ^ business. �ie said if this is correct, it would produce a gr_eater burden on the neighborhood than what is existing under the present non-conforming use. ^, Mr. Sobiech stated that for these reasons, and in summarizing these, it was determined that the non-conforming use does exi�t, because of the fact that taverns are not allowed in C-1 areas. He said non-conforming uses are allowed to continue for a reasonable period of time and that the issuance of a liquor license would extend this use as far as he would call indefinitely, and finally that granting a liquor license would change the existing oper.ation quite substantially from a 3.2 operation with set-ups to an intoxicating liquor operation. Mrs. Wahlberg asked i� the Council has ever established what they consider a reasonable period of time. Mr. Sobiech answered that Council could vary it from � situation to situation, and in this case, it was felt that a reasonable time has elapsed and that the issuance of a liquor license would continue this non-conforming use for an indefinite period of time. Mrs. Wahlberg asked if the reasonable time period has ever been tested in a court of law. Mr. Sobiech answered not to his knowledge. A4rs. Wahlberg stated that this non-conforming use has been existing for a long periad of time. , Chairman Drigans said that the Board should look at the type of operation and use for this facility during the past years to see where the non-conformance started. Mr. Mattson stated he had a graphic history of the property which he said he would ... explain to the Board. Chairman Driqans said the Board should mark as.F�hibit 8- Public Works Director's letter dated April 7, 1975, Exhibit 9- Council Public Hearing Minutes of January 13, ^ 1975, Exhi�it 10-Graphic history of this property, and Exhibit 11- Finance Director's memo dated March 7,1975. " r2r. Mattson explained that the graph shows a variety of ways to set up a liquor establishment. He stated that this location has had pure off-sale, on-sale and off-sale, on-sale with set-ups, and then the graph shows on sale liquor license ... at the top in the event there is a license issued to this property. He continued that the off-sale portion started in October of 1949 and ran through February of 1964. He said the on-sale ran from rebruary of 1950 through 1956, just prior to the transfer from municipal status to private s�atus, only at that point it was no longer a bar where intoxicating liquor was being served . but it was known as a locale serving 3.2 beer and this was in January or February of 1957, which has run continuously until the present date. He said in July of 1964 the set-up " license was established per ordinance. . �� '"" Page A,p The Minutes of the Board of Appeals Subcommittee Meeting of April 15, 1975 •�� — Chairman l�rigans asked when the non-conforming use came into existance. Mr. Mattson answered 1957 and Chairman Drigans said at which time there was an off sale and an on sa'le tor 3.2 beer, Mr. Mattson said this is when the City phased out it's bar _ and issued 3,2 beer licenses. (Mr. Mattsan noted the non-conforming date should have been January, 1956 instead of 1957, He noted this after the meeting was adjourned.) Chairman Drigans now asked Mr. Haggerty if he would present his request. " Mr. Haggerty said to begin our request, so far its been stated that the request is being asked for under two sections of the Code and he sai.d he would like to have this request also considered under 205.182, subdivision 2, wherein it states that � if there is a hardship, a variance from the literal interpretation of an ordinance can be obtained from the Board of Appeals. He said in the initial presentation, the Chairman indicated that it was only being considered under subdivision 1 and he said he would also�like it considered under subdivision 2. . Chairman Arigans stated that in reading Mr. Smith's memorandunl of March 19, he states that in the event the Zoning Administrat.or refuses to make an affirmative "" determination of the request, Mr. Smith would want the ruling submitt�d promptly to the Board of Ap�,eals as provided in Section 45.182 of the City Code. Chairman Drigans added that the public hearing notice stated that the request was an appeal .• of the Zoning Administrator's interpretation. Mr. Haggerty asked if the public hearing notice was prepared by Mr. Smith. Chairman Drigans said all public hearing notices are prepared by the administration. Mr. Haggerty said Mr. Smith asked for ,_ an appeal of the entire ordinance which would include subdivision 2. Mr. Haggerty said the reason he is asking for this request is that initially they are arguing that the Public ti�ork Director's interpretation of the ordinance on this particular_ non-conforming use is incorrect. He said in the alternative, they are saying that if the Board insists and if the Public Work Director insists on having such a literaZ interpretation of what that use is, they want to have the opportunity to argue that there is a substantial hardship here, and that the Frontier Club should ■- be allowed a waivor from the literal interpretation of that particular non-conforming use. Mr. Sobiech asked if this means that a hardship could result because of the interpretation. Mr. Haggerty s�id this was correct. P�Ir. Sabiech stated that he � felt the Board could possibly consider both items, in that the memo did refer to • that section of the Code which includes both subdivisions. He said if the . interpretation that he had is upheld, and Mx. Haggerty feels there is an argument for a hardship, it seems like it would be proper since we are addressing that '�' section. Chairman Drigans said that this seems to need frcm the City's point of view a ■- legal int�rpretation, He said he would like a legal opinion as to whether the Board is in fact carrying the whole section of if they are hearing, according to the rules, a specific request on the appeal of just the Public Works Director's ,_ interpretation. Mr. Sobiech asked if Mr. Drigans wanted this opinion before the Board considered this request. Chairman Drigans said he felt the Board could proceed with what it knows it can act on and if the attorney feels that subdivision .... 2 should be part of the hearing, the Board can act on that at a later date. � Mrs. Wahlberg asked about the differences in the Code sections quoted. Chairman Drigans said tlle problem here is that the section has been renumbered and the ■- section previously was numbered as 45.182. Mrs, Wahlberg asked if the language was ideritical in both the old and new Code. Mr. Haggerty said that it was. � _, Page 5 l)9 The Minutes of the Board of AppEals Subcommittee Meeting of April 15, 1975 ,^ Chairman Drigans said his own interpretation is that the public hearing and the original request in t}ie memo, requested that the Board is to hear that portion on subdivision 1 only, and if that is the City AtLorney's interpretation too - fine, if not, the Board can hear the hardship portion later. There was a long discussion on whether the Board should consider both subdivisions or just subdivision 1. It was agreed to defer this decision until later on in the -- meeting. Mr. Haggerty stated in answer to the reasons for denial, that he could not see the �,,, arguments in the second and third reasons. He said he would have to argue that the second reason does not apply as far as increasing the interior of the building for the non-conforming use. He said the kitchen area will be put in there but the addition of inere storage area does not increase the use. He said in the forth ^ reason, it is indicated that there will be an additional burden on the neighborhood because of the seating capacity. He said the remodeling will in fact cut down the seating capacity, He said -L-he remodeling will involve quite a bit of investment -- which will'be upgrading the premises to serve hard liquor. He said they have found a higher class of clientele at an establishment ser_ving hard liquor. He saic they are trying to improve their services. Mr. Haggerty said in the Zoning Code under �,. uses excluded for C-1, it doesn't state anything about hard liquor,just taverns and beer gardens. He said at one time there was hard liquor served at this facility. • Mr. Haggerty said he would like to relate a few Supreme Court decisions to the ^ Board on non-conforming uses, and he added that they are from out of state as Minnesota hasn't ruled on many of these at the present time. Mr. Haggerty went over the 1967 case of Mueller vs City of Phoenix and the Board had a cop y of the — findings in this case to follow. Mr. Haggerty then went through the 1968 case of Gauthier vs Village of Larchmont, New York, and then he went over the 1944 case of Connecticut State vs Rowland, and then the 1969 case of Sevilla vs Sweat: (Arizona ^, case). The Board had copies of the findings on these cases to follow also. Mr. Haggerty also brought up the 1957 bZinnesota case of Hawkins vs Talbot which involved the enlargement of a non-conforming gravel pit. The Board also had a copy of the findings in this case to follow. Mr. IIaggerty said they are arguing that under the existing law, based on the present non-conforming use that has been in existance for 20 years and nobody has mentioned ^ before� and after all the investments and improvements, that they feel the courts would uplZOld, they are requesting a motion be made reversing the Public Works Director's interpretation, that would make this. a legal non-conforming use. ... . Mr. Sobiech said he would like to interject that it had been mentioned at the public hearing meeting that part of the storage addition would be also used as a game raom which would allow intoxicating liquors to be consumed in, which would be beyond the existing area used now. He said as far as the kitchen, this is one of the requirements for getting a liquor license so the proposed kitchen is necessary. � He added that once this operation went from serving hard liquor to serving only 3.2 ^ beer, it was less of a nori-conforming use, and should not the� be allowed to expand without being brought into conformance. He said he feels this facility could continue at the size it is now, but should not be expanded as a non-conforming use. .. Mr. Fiaggerty quoted from the Minnesota case, Hawkins vs Talbot, their interpretation of a non-conforming use as being the lawful use of any land or building existing at .� the time of taking effect of the ordinance may be continued although such use does not conform to the regulations provided by this ordinance for the district in which such land or building is located provided, however, that no such non-conforming use of the land shall be enlarged or increased nor shall such non-conforming use be .� _. Page 6 �O The Mimztes of the Board oi Appeals Subcommittee Meetinc� of April 15, 1975 � extended to occupy a greater area of land than that occupied by such use at the time of the adoption of this ordinance; nor shall any such non-conforming use be maved ta any other part or parcel of land upon which the same is conducted at the ti.me of the adoption of this ordinance. He added they are not expanding � this operation to include a greater area of land. He said the plan is to upgrade the establishment which would reduce the seating capacity and reduce the number of people going into it, and also increase the parking. He said Mr, Povlitzki -� has invested to much into his operation to pull out of it now. Mrs. Wahlberg said she didn't feel the cases cited encouraged her to approve ,,,� extending a non-conforming use. She said she wondered whether it wouldn`t be better to have the applicant request a rezoning on the property to bring it into compliance. Mr. Haggerty said they are also in the process of rezoning, but in an attempt to expediate matters, they are going through both procedures. .., - Mr. Crowder said he felt, that because the Board is an extension of the City Administration, and because there is a memorandum from the City Attorney that ^ agrees with the Public Works Director`s interpretation for all practical purposes, that he would have to uphold the Public Works Director's interpretatiori, Mr. Crowder said it sounds to him like the Board is getting involved in a legal ,., dispute because of the cases that were sited, and he felt he didn't have enough knowledge in this area to make a decision. He said he would have to ac�ree with the Public Works Director in terms of making any type of motion, be it on � subdivision 1 or 2. Mr. Haggerty said he had never seen the memorandum talked about from the City Attorney and Mr. Sobiech gave him a copy of it. Chairman Drigans asked the — Board to mark the memorandum addressed to the Director of Public Works from the City Attorney and dated April 2, 1975 as Exhibit 12, and to mark the building plan as Exhibit 13. .� Mr, Floyd Gustafson, of Gustafson Grinding, said he and his brother own the property across the street and they have a problem with the customers of the .- Frontier Club throwing beer bottles on their property and parking their cars on his lot, especially on weekends. He said someone had broken a windshield on his property and he had to clean it up. He said this creates a hardship on him. He said he has nothing against the drinking, but he would like some relief ^ on the cleaning up after the Frontier Club clientele. Mr. Haggerty said that Mr. Povlitzki is trying to upgrade his business which .,, would hopefully upgrade the clientele so this type of problem would not happen again. D1r. Haggerty reiterated that he would like the Board to act on the appeal for subdi.vison 1 of Section 205.182 and if the Board agre�s with the Public Works �.. Director, then to consider an appeal on subdivision 2. Mr. Plemel noted that subdivision 2 is for requests for variances of the 5tate � Building Code or where strict enforcement of the Code would cause undue hardship _. ^ and he said he could not see where this hearing has anything to do with either one. Chairman Drigans said the Board can act on the appeal of the Zoning Administrators ... interpret-ation, but as far as acting on an appeal for subdivision 2, he felt there may be some legal problem as far as officially notifying adjoining residents that a variance is being requested. He said if the public hearing notice had �..� included a request for this variance, then the Board could hear both requests. .� „,,, Page 7 The Minutes of the Boar-d of Apk�eals Subcommittee Meeting of April 15, 1975 A q Mrs. Wahlberg stated she would agree to act on the appeal for subdivision 1 but not ”` subdivision 2. She said if the Board was to approve a variance on subdivision 2, they could be giving a blanket variance of this building site which might preclude the applicant getting specific variances. ... Mr. Crowder said he would still be hardpressed to go along with anything other than what the Director of Public Works states. He said the only recommendation he has .. is to request a rezoning and if that fails, then the applicant would have a definite hardship appeal. Chairman Drigans said his own thoughts are that he feels that when the Board "' considers the non-conforming use in this situation, that the consideration not be with the improvements to the structure or the equipment, nor should it deal with the number of patrons be it 1 or 300, but it should consider the non-conforming .. use of set-ups and the current 3.2 operation that is rendering a certain degree of restaurant service (sandwich variety) expanding to a restaurant which would be dispensing hard liquor and prepared menu meals. He said that is how he is looking ^ at it and he felt the avenue to follow, if the Board allows a non-conforming use in this situation, is to give its interpretatio-. of the Zoning Administrators decision. .r ^., Mr. Crowder said he would agree with Chairman Drigans as far as the non-conforming use comiriq to an end as soon as possible. He said he would like to see a zoning change to bring th.e property into compliance. MOTION by Gabel, seconded by Plemel, to close the public hearing. Upon a voice vote, there being no nays, the motion carried. .� Mrs. Wahlberg said she would like to re-emphasize what she feels the Board's obligation is, and that is to act in such a manner so as not to extend a non- conforming use beyond what is existing. She said this non-conforming use has �` been existing since 1957 and the City Code clearly states that a non-conforming use should not be extended and this is one of the Board's responsibilities ta uphold. She said most respected courts have upheld the procedure of getting rid r- ' of non-conforming uses. She said she felt the proper procedure would be to request a rezoning as opposed to requesting variances from the Board of Appeals. �„� MOTION by Crowder, seconded by Wahlberg, to recommend to the City Council, denial of the request as per Section 205.182, subdivision 1, to reverse the interpretation of the Zoning Administrator that denied the issuance of a liquor license in a .-. C-1 zoning. Upon a voice vote, there being no nays, the motion carried. Mr. Haggerty said that for the record, he would the appeal under Section 205.182, subdivision 2. ^ client should b� penalized because of miswording He said he still felt that he should be able to subdivisiono 'now request the Board to consider �ie said he did not feel his in the public hearing notice. present his case under this .� Chairman Drigans stated that his interpretation of Mr. Smith's request, per Exhibit 7, page 2, is that he is asking only for an interpretation of the determination of the Zoning Administrator and that he is not asking for a variance. ^ Mr. Haggerty asked if the Board is th�n denying his request to have it considered under subdivision 2, Chairman Drigans said that avenue of appeal is still open but the proper procedure will have to followed, which includes filling out an .. application and statitlg what part of the Code is being appealed. Mr. Haggerty .. � Page 8 , The Minutes of the Board of Appeals Subcommittee Meeting of Apri1 1S, 1975 �2 asked if th4 Board was dsnying considering the appeal at this meeting. Chairman ^ Drigans answered they were, the reason being the procedural policy of identifying the sect�_on of the Code and the type of variance requested in the publie hearing notices 1:hat are sent out to the adjoining property owners. Mr.. Haggerty said ,.., he f_eels that the secLion of the Code was properly identified. Mr. Crowder said he was under the opinion that the Board of Appeals would hear the appeal under subdivision 2 as a last resort. He said as far as he could see, � all avenues have not been approached, and he felt the applicant would have a good case for a request for rezoning. He said he felt this should be tabled until the Board finds out if there is a variance that can be applied for. .., Mrs. Wahlberg said that possibly to help the Board, a request should be made to the City Attorney for,an interpretation of Mr. Smith's request regarding which r.. part, or if both parts, of Section 205.182 were to be considered by the Board. ' Mr. Crowder said the Board has opened and closed the public hearing and made a motion pursuant to subdivision l, and he added that while he agrees with what is ^ being said relativ^ to subdivision 2, the Board could open a public hearing and then table any discussion relative to subdivision 2 until th� rezoning request is acted upon, and until the City Attorney has ruled on what subdivisions the ^ Board shauld act on, rather than making the petitioner come back with a brand new petition. He said if the rezoning request gaes through, then this would be irrelavent. ..., � Mr. Plemel stated he felt the Board had accomplished what they were supposed to act on. r70TI0N by Crowder, seconded by Plemel, to open a public hearing pursuant to subdivision 2 of Section 205.182. ^ Chairman Drigans asked what the administration thought about opening a public hearing on this. Mr. Sobiech said if it is opened, an interpretation from the City Attorney should be obtained on this procedure. ... . ' Mrs. Wahlberg said she would like to speak against the motion to open the public • hearing. She said she would support a motion to get the interpretation from the ... City Attorney, and an additional motion to allow the petitioner to come back with a specific variarice if it is desired. Mr. Crowd�r withdrew his motion and Mr. Plemel withdrew his second. � MOTION by Wahlberg, seconded by Gabel, to request from the City Attorney, an interpretation of Section 205.182, subdivision 2, to verify that the Board at ... least has acted withiri the powers as specified and yet witiZOUt denying the petitioner the right to come back with a specific variance at a later date. Upon a voice vote, there being no nays, the motion carried. ._ , Mr. Iiaggerty requested a copy of the City Attorney's opinion. Mr. Crowder stated he would also like some�guidance from the City Attorney as to ^ the procedure the Board should follow if the rezoning request is denied and it comes bacl: before the I3oard. Mrs. Wahlberg asked that it also be researched as far as actiori on non-conforming uses in the past that have been in the City. She ►. said she would like to know if there is any time limit set or can it go on forever. .. "" Page 9 The Minutes of the Baard of A eals Subcommittee Meetin of A�ril 15, 1975 . �3 '— ADJOURNMFNT: MOTION by Crowder, seconded by Wahlberg, to adjourn the meeting at 10:05. Upon a --� voice vote, there beirig no nays, the motion carried. Respectfully submiti�ed, .� '/ `U ��u�� S�/., .�� MAI2Y HIN�Z � Secretary ... .� .., 0 �. � .-. r. � � � � ... � — , � � � � � ... .,. �� _. � ^ OFFTCIAL NOI�ICE CT�i�Y OF FRIDLEY PU6LIC HEARING BEFORE THE PLANNING COMMISSIOPJ TO WHOM IT MAY CONCERN: No�:ice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley, in tne City Hall at 6431 University Avenue_Nertheast on April 9, 1975 in the Council Chamber at 8:00 P.M. for the purpose of: Consideration of a rezoning request, ZOA #75-02, by Wyman Smith, attorney for Richard Povlitzke and the Fridley Frontier Club, Inc., to rezone from C-1 (local business areas) to C-2 (general business areas), Lot 1, Block 1, Walnut Additon, all lying in the North Half of Section 12, T-20, R-24, City of Fridley, County of Anoka, Minnesota, , The purpose being to bring the existing use of the property into a uses permitted category of the City's Zoning Code. Generally locate� at 7365 Central Avenue N.E. Anyone desiring to be heard with reference to the above matter may be heard at this meeting.: Publish: March 26, 1975 April 2, 1975 RICHARD H. HARRIS • CNAIRMAN PLANNTNG COMMISSION �� c�•t-� c»� ��zic�i.i:� rrrunr:sc�•rn ... • I'LANNINC ANO ZON]NG 1�01Ltif NUbfl3litt '��,. 7 J�Q -L, ..� / L~'1 � AI'P1.ICA�7''S SICtiA7UltIi Ad�l res s i �L�-� ` C.�-ll'/�-' 9�ti� .. Te] eJ�honc I�umhcr �j' �f � 7i ^ % ..,, r PItUP}:I'.'1'Y 01�'�i:lt'S STG�A"1'UltC��'�^Z� � '� / ��,��ss � 3 G 5— c�yC�..�-�-�� .. 'Tc1e1�1ionc A'un�t,cr �� G �-" ��/ � T— , - 5ircet l.ncal:ion of Pr.o��crty � �. .� .. . GUfd ' " � �J TYPIi OF RIiQtJliST '�' Rezonin� Speci.al Usc !'ci�nit � � Approval of f'rcmiit- ' inary £ I'inril Plat ` P $LI'CCtS O1 /�lll`)' j Vacations � Othcr � I�ec�R cipt No.'�� -�� . Lcg��l t)escripti.on of Property / �� J�� `�.�`.._. � Prescnt Zonin,r, Classific�ition � " / �r''X'� � 'r'�`��%"'`�`` ' Existing Usc of Pr.operty �.. < l �-r ��_ , Acrca c of Pro �ert ' �'�� `�'` �'�""``L' : � l Y J' / C�`"� )escrihe briefly L-he proi�osed zoning classi f� cation : �� ° � .% �" or typc of usc and improvement �froi�oscd ,L ��-►-�! �.� �-:-�-��-c� �-.%� ' ______� c - y'\ �` /� ^r ��'✓ /' .��' ti � G� � ; , G�� G��, ��1 � � c� G.i /- � �� g las thc prc�cn:c app icant J�rcvlausl,y sou�;�bft to rcz ne, plat, obtai�i a lot split or va��ias�ce or s}�ecial use permit on the subject: site or l�art af it? yes �' no, " NTI11'(' W1s rcqucsted anci ti�hcn? �: ,.. -- 7'lie unclersi�;ncd tu�dcrst:ancls that: (a) a list of all. residents and OW1lCl�s of property �oithi�t :i00 i�r.et. (350 fcet. for rezonin�) must i�e attacheci to thi.s a}��licatioii. .- (b) '1'h i s aj�}�l i cat ion m;ist: bc si,�necl hy a l l o�aners of tlie ��roperry, oi- �n cxpl an,iti otl givrn �;hy this as nat. t.he casc. (c} Responsibili.ty for any defect in the proceedin�s rctiul t� i n� f' • ] f. - ... .. ��• �.. � iom t�c .iilu�c: t.o l�.st thc namcs and ad<lrc�sscs of all r.csi.cicnts and ]�rc��i•Y�� o�tincrs of proPci•ty iti c�ucstian, hc]an�;s �o tlic 11ilt1CIS1�I1CCI. /� sketclt of 1�rol�osed i�ro}�r.rty and structt�i•e �niist he drawn a�id .ittachecl, sho�ain�; t:he F follc�i�•inf;: 1. �orth 1lircct.ion. 2. Lc�c.ition of r�roposcd struci:urc on thc loL-. 3. lli�nc�i�sions of ��rol�crt:y, ��ro��oscd str�ici.in•c, ,.uul front ,ii�d si.cic s��tbacks. , �i. Strect \amcs. S. I.ocatian and usc of ,ulj,►cent exisi:in�; builciin�;s ��Jli}1].11 300 fcct)_w ..., '17ie u�icicrsif;ncd hercl>y cicclares rhar all the facts and rePresen tions stated in this . applic:ii.i 'n ar• t-ruc :�ncl corrccL. _ `� `� � �.�,. �ti�� u,�'rt: �� s i c:�n'ru�:r: ____ • . (ni��.icn` •� G�%u l''�'� � � � �%L -- Uatc. l�ilc�l Il.�tc of Ifcarin�;_ (. �... .... Pla��ni»a; Gc�mn�i.ssion �l�ili Cti� A��j�rovecl �)l`!11 Ct� y��'� Gl i')' %OUI1C 11 �I�AL'C �� nj)j)1'OVCC� . [)Cil].t21� V� .p�,,,.�,q .� . i ! ' ..� r ^ � .. ^ � .. � � ^ � .. ._ .. ^ MAILI(VG LIST ZOA �f75-02, l�'y�nan Smith, Attorney for the Fridley Frontier Club Rezone from C-1 to C-2 Wyman Smith � 1250 6uilders Exchange Quilding Minneapolis, Mn 5540"L Richard Povlitzki 7365 Central Avenue N.E. Fridley, Mn 55432 Walter & Floyd Gustoson 7�410 Central Avenue N.�. Fridley, Nn 55432 � Realco W. G. Doty 6441 University Av�.:�ue N.E. Fridley, Mn 55432 Arline E. Saba 7345 Central Avenue N.E. Fridley, Mn 55432 Melroy Kaugerud 7356 Hayes Street N.E. Fridley, Mn 55432 Mr. & Mrs. Albert Pomper 7370 Hayes Street N.E. ' Fridley, Mn 55432 . . Evert S�vanson �7325 Central Avenue N.E. Fridley, Mn 55432 Mr. & P�rs. Laurance McCabe 7328 Hayes Street N.E. Fridley, Mn 55432 Mr. & Mrs. Donald Harland 7342 Hayes Street N.E. ' Fridley, Mn 55432 Jeanette Bogie ' 7300 Hates Street N.E. Fridle.y, Mn 55432 Mr. & Mrs. Robert Grant 7314 Nayes Street N.E. Fridley,�Mn 55�32 0 L�U��ll ' Mr. & Mrs. Clarence Fosse 1367 73rd Avenue N.E. Fridley, Mn 55432 Gretchen M Smith 608 South 9th Street Minneapolis, Mn 55404 Jenney P�. Berg 1335 Onondaga Street N.E. Fridley, Mn 55432 Mi chael W. l3ayer 1381 Onondaga Street N.E. Fridley, Mn 55432 Mr. & Mr•s. Michael Kohlrusch 1398 F-ireside Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Dennis Czech 1395 Onondaga Street N.E. Fridley, Mn 55432 Charles A. Bitzman 4556 Tyler Street N.E. f�inneapolis, Mn 55421 Bronson Erickson, Inc. 3231 Central Avenue N.E. Minneapolis, Mn 55418 �Ir. & Mrs. Robert Carlson 5214 36th Avenue N. St. Pel;ersburg, Florida 3371U Mr. & Mrs. John Dickenson 1360 Onandaga Street N.E. Fridley, Mn 55432 Mr. & Mrs. Lloyd Knu�;son 1366 Onondaga Street N.E. Fridley, Mn 55432 Mr. & Mrs. Chester Cole 13II2 Onondaga Street N.E. Fridley, Mn 55432 . u � I _ � Mailing List Page 2 -- ZOA #75-02 Wyman timith, Attorney for Fridley Frontier Club Rezone from C-1 to C-2 ,_ �, � �-. --___._�_�_`..__.._�.r_`._ Ray J. Fosse 1390 Onondaga Street N.E. — Fridley, Mn 55432 Mr. & Mrs. Rober�: Soli — 1420 Fireside Drive N.E. Fridley, Mn 55432 ^ Dwayne R. Vanstrom 1400 Fireside Drive N.E. Fridley, Mn 55432 " Mrs. Fern I1 Hamersma � 1405 Onondaga Street N.E. Fridiey, Mn 55432 ... Mr. & Mrs. Raymond b�echele 1425 Onondaga Street N.E. .. Fridley, Mn 55432 � Mr. & Mrs. Elmer Hollatz 7395 Hayes Street N.E. '— Fridley, Mn 55432 . William Rankin " 7385 Hayes Street N.E. Fridley, Mn 55432 � — Mr. & Mrs. James Hinrichs 7355 Hayes Street �d.E. Fridley, Mn 55432 ' ^ 'Mr. & Mrs. James Buehanan 7371 Hayes Street N.E. ^ Fridley, Mn 55432 AJL & S Investment Company� � 7500 University Avenue N.t. -- Fridley, Mn 55432 .. � ^ � � �� r �• ,�-:� { k � € _ ?A �_ y(v Dd � : 7l�Rl � ^y�' ' �I35I'4;;; �: ;; I�y. ,..� ' . , ., .��::� ... ,.. �; IN°! '� �IN3y., ';c,o � ; s� ^, .;:,�,-,,,:� s� ,�.� ;,� � ,.'_ti--.� •� " . '' ��• :, '� , '"" �� . „ ° � t� �',,••i � � f�10� � •��. �� iJ� i •� .t �I�JJ .1�: ., � . � .1 • � tJ • . . I _.. � � . ... . . . , �•..� . ' .Y„�'' , � ' Y��__..o.��.. , . . _.... ?6 TH",. _ ' ,�o..- AVENUE N.E. 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ELEM.7 - - �. �. .�I � �p � ti �' � � : M S.C1100�.�' � - E F f { , _ .. .. • I� ., , . • � ' °' ' , • i . _ r, � - j -N i . i • �, :. ��e�o�. i _ .'� - • .�:.� . ..3� , , . � � _ .- b cY.� I � �� I,f�],tiwa. ♦ � ' � � d �6. .� 'c ~ irta ..,�p ( . D16T. 1{{� - _ (� �� '� 3 . . . .. , k. G.•.. r... vN, z • - � p _ _ �. � n _.. t �� (iM � . _ Y� HAVES� ' , , . -- ,. � • . . . i� . �.. . . ' �� . , '� v '� t EIEMFNTARY , - _ + �1 - � � - , �... . u a � � . - . , . ► � ° a - �P �, ' . _ . . ' ,.� . � . ,R � ' - - , � . � . ' Ol ID�STt�I � �� -.- r . i � �- , . : . � . . . . � 1— .�� -- s��trt t � • � � ��o •- � c��ut � , , 1 5 � � �"� ; � ` N e j ' su� • �---. � . i .... . „ .. , , . �' ` � : n . ;�_ N(�BB ��y' t • • �i �� is ;t��` � — -/� • � � !. : �� :} . � Y f _ w 4 �. � . , . t i ._ ' ,-� .R �I � , ,A p r _ - P . 1. , r• ry� YC ; --- R i _/ e . .do� � I i ,« Z _ � � n_ /` I�� ; � � . , �� '_l ��b \� � 0 � LAW OFFICES � ^ 1 r , r�tP -�{1 l�f"�rtr�;T-�'t*� �r 'T�?r� r'r.�7!�� ^�� . ' ��.�.tL .�i 1�..,..' e.� W �.1 i:. .�:�.:,.'1�. �:� ..._ .._.��1�1.J.�lv�t�. CFiARTERED , 10�1�.�.1�:��T, �Y�1��1",atiJ�:3`�, �r��tii..'�.��xti.i�:�' w IV.�:'�'V�.�Jx��.^ . WYNl1N SM,ITH LEONARD T. JUCTER .r HENitY fi t=E1Ki_1.4A Al_VIN S. MALViON RGNAI_D L. f-i.;5iCVITZ JAMES R. C�;S_i_RLY CARL J. NcWCiU 1S i � ASSOCIA'fES !J.l,FiiC .r-.. NAGvc�TY f�LLtN H. G 1'r.iAS IRVING JU�7ER ^ Or COUN;iEL ,. i�r. `lasim Qu�reshi Zonin� AU�ni^�is-crator . �Ci�y of Fr�dley 6�31 Universi �y Ave�ue f�. �. � Fridl ey, i+ii nnesota 5c `32 _. P':arch 19, 1975 �� SU ITE 1250 BUILDERS [XCHANGE BU11_DlNG MINNC-APOLIS, MINNESOI"A 55�02 T[LEPNONE 339-14F31 SUCiUR[3AN OFFICE 64/1 UNIVEFSiI'1' AVEI�UE N.C. FRIDL�Y, MINNESOT.1 55432 'iELEPtiONE 560-6370 Re: Fron �i er C1 ub - 7365 01d Cen�ral �!. E. � Lo� 1, Bloc1< 1, �Jalnui Addi_tio� Ano�ca Cou�i.y, f�inneso�a -�. Dear t�asi�n, . rlease cor�s�ider �his letter a formal request in benalf of Marlene Povlii�l<i and ^, Ri chard �ov'i i tiz4ci ; o•r a dei:erm►nati on by you as Zon � ng Ad�i ni strator as � ol l o�•:s : a� zno�;g�� tne capti or,ed property i s zoned C-1 u�d�r Chapi,er �5 of t{;e Fri d i ey City Code it ap�cars �ha'c said pro?erty has a no;��-conforming use under Section '^ �5.151 0�; �cne Ci��y Codz i�or us� as a fi.avern, beer garden or �ar serving a1coholic beverages on the premises. , .. . ^ ,.. .: r:S/a .. ..., ^ Yours truly, � \ ' �� : t!yman Smi th " Attorney fot° Ri chard and f�1ar1 ene Povlitzki and Fridley Frontier Club, Ii�c. 0 . �A I � .- 70: NASIf� QUERESHI 'LO�IhG ADi;INS'I"RATOR CTTY OF FRI�LEY MEMORA�;DU��1 FROi �: i:Y��,4i� Si �I i H AT70R1EY FOR hiQ. /1�D MRS POVLI i Zf;i "` SU3JECT: „Oi�;-CO„FCR;�Il�G USE OF 7305 Old Cen�ral N.E. �A7E:- �""A�CH 19, 1975 r. 0 51 �� This rr,e.nora ;dum accar;panies a requ2st �or your determinatior; thUt a non-confo•r��ing -. use exis�cs "us a tiavern, i�eer garcen or bar serving alcoholic beverages cn t��e p re,��i s 2s .° ^, As you ;<no:�� my clierts believe that the zoning or�b�em is a part or the evasicn �huic you a��d otner m;:r�bers of t;�e admi ni s �ra �i ve sia i f, i egal counsel and so�re rnem5�rs o�` �"e Ci�y Council have use� to.d�ny and d�lay a license ard viola�e � �neir civil ri�hts. � On Fe�ruary 17-cr��•�he� I addresscd ��z City Council I had not investigated t�e zoning c;�;,�s��ion because my primary corcern was to diseuss the relevant legal n issues involving �he role of the Council un�er oresent day law in handling liquor licerses. .., On Tuesday, trarch 1B-�h, I researched tr�e question and concluded: 1. Section 45.151 of -the City Code sets fori,f� t�e regulations as to non-cor-�orming us�s and s�ructures. Trat section in the pres2nt code �:as ^ adopi;ed i n�love�nber 19b9 bu�t i s a reti�rri -ce of the previ ous zoni ng ordi nanc� whi cn ...`, ��,�as �hen set fort� in Section 45.20? io 45.2C9. Tnose sect;ons of �he • cod,� came from Ordinance ido. 70 ��hic!; �las adopted on Decem6er 29, 1955. ^ It in turn �as hisi:ory in Or-ainar,ce ;l53 adcn�ed Au�ust 24, 1953 replaci��g Ordi narce n24 whi ch uras ado;�ted Augus � 15, 1949. .r 2. 7he i•lunicipality of Fridley V�as using i,he premises in question from sometin;e in 19�0 until Decemaer 31, 1956 as an Oi1-SdIC liquore stor�. From some date early in 1�57 the premises has been a tavern, beer garden, ^., dl1Q 3. 2 beer es �abl i sh�;,ent. : � has had a set-up 1 i cense s i nce someti me in ?962. 7he Povlitzki's have had licenses and been in possession � since sometime in 1903. � 3. Section 45.102 of the present Fridley City Code excludes certain uses in C-1 districts , viz.. ^ [3. Taverns, beer gardens or bars serving any alcoholic�beverages on the premises. � � � �� ... � ^ r.,� T0: ;�JAST�� QUERESHI �MARCH 19, 1975 Pa�e _?_ �, �.? beer is defined ir Minresota S�atutes as an alcoholic bevera�e. i+1.S.A. Sec. 340. � .. 5. The present City Cod� in Section 45.02 (44) d�rines nonconforming . use: "!��.ny bui�dinc, s�ructure or land la�vi�ully occupied by a use or ►■ la�,��uliy si�uu�e� at �n� 'cir;�� of �ne passage of i;nis ordinance or ume;,d�, �t tFiereto, �•;ni ch do2s not conrorm after the passage of this � ordi nance or ar;endm�n � thzreto Uri �;� the regulaii on of thi s ordi nance. " ^ 6. Tt anpears i.�e�utive that you reed io construe the present use of the p�operty (as a tavern and «s a place serVing alcaholic beverages) r. us exis�irg ard �on-conforming. 7here is som�e merii, in my clizn�s' contention that if there is a zor,ing proble� ' i�� i s a crea �ure or �che mu�i ci pal i i:y. it cleiermi ne� the zoni ng. Apparently ^. no on� incl �a�ing �che ot�lners, L� e ot-�ners' attorney, �ne City Counci 1, the pol i ce, the ci i.y s �a � � ��erz a:�rare of �%�e zo�i �;g d� � cc � un �i 1 the publ i c�NOrks di rector CIl SCG�'� ('�?Q ��e sam� as i ndi caied by hi s reoort to you i n a mer �o dazed March -, 6, �{9%5. Ai: leas�: such an observatior, suppor��s the determination requested. � The use of the property from 1950 to t�e present hGs been for the serving of ,� al ca'r,o�� : c beverages ."i he al cohol i c proof has vari ed from 100 proof �c 3. 2 bu � i � ��as si,i 11 al cohol . I have examined the legal authorities on non-conforming use and find no rulings " inconsis��er�t wi-tn tnis request. lt has Dc:P.� held that one entitled to a non-cor�`orming use has a right to ^ re�aii°, res�ore and replace struc�ures in conneci:ion wizh tf�e use, �o enc;aae in us�s ��or,��aily incid�ni;al and auxill:ary to the non-conforming use, and �o moderni zz ard eraal oy improved i ns �rum�n �al i i:ies i n conneci,i on wi tn such use. .. (Scciion 25.2G0 Par. 3A, ��lunicipal Cor�oration, 1965 Revised, ,�r. Quillin) A P�i nn�so �:a case s upported the pri nci nal t�at an o�v��zr can moderni ze faci 1 i �i es „ and employ improved ins�rumentalities in connec�ion a�ith a non-conformirg � buil�irg or use. ;ia��;kins v Talbot, 248 �1n 549 80�-(2( 803. In the even� that you refuse to make an affirmative determination of the request �' I would want the ruling submitted promotly to the Qoard of Appeals as provided .. � .. •�� , � ... 0 �3 �TO: P1ASTi4 QUER�SHI � Pti'�2CIi 19, 1975 � � Puge -3- � r-. �- i n Sect�i on 45.182 o i �he Fri dl ey Ci ty �Code . i,�e o�.�ners i n order to comply ti�� t�� ne��•r res-�aurant req�i r. r;ents for a l i quor ., 1 i cerse N; i 11 not be ma�ci ng any exteri or st•ruciural a�di ti ons to the premi ses . ^ � . , .., � ,.. - � � .., .-, .... ., � �r , �� ; � I S � • t_nw oE-r icrs ��',��j r,�{'��f ?� 1j i�r T{-.�.j �.,�..�.,�� ii.r '�j �i ��'�Yt��t� ''� A'� ' , � �%1��".��L� .fL ..l.:l. y e.:+ �lJ �.'^! !. VJ..L'�►. �.,'.l✓...li. �JJ,..�l..�._!. /1.�. ✓+ ' c►inrrrE_r<<�:u ��'�,C�.�i1.i��.�1.°+1 � i"X L�a �"7.7:i'�J.�r.�.� �.�i� �i r= .�.'.):'i:uYa.a.��a arL �`V!i.i�'Y''� �.Z:'>�7� � ' W'i t.1Ah SMITf! Lt:c�,r��.r<:� 'r. Ju��'6�t r"^ ftF:it�'tY H f"CJ�<f:ht�. ALVIt� �. MAL.;l�)ti F:OC:At_D 1_. t1,�.ShV I'r7, Ji\NE"S F2 C!,`.S;�Itt_Y cn►�cc. �. nn:�uuis-r' "' Assac��.�rrs t.1AkK E. HAGG1:ft'1'Y /tLLE:N 1-�. GIt3P.5 1R\'It�G _IUST�_R ^ pF C:OUr�,>�L � ., tlarch 20> 1975 5� . r. uU I'f li 1257 E1lJILU:_R; CY.CIil�NC:f� !:fUll_DING At!\NL:/�f'Ol..l ;, t�11N\[:`:,U'I'/. 55402 TLLE'PHONF_ 333-1 .el SUt'iIJ;?iiAN O=FICE G�ai u��iv�,z5i-i'Y l�VENUF ^i.E• FRIDLLY. MINNc=fiO��l� 55:32 '("ELC_PHON:: 500-63�0 T0: The h1ayor and Coi�nci 1 f�1ernbers of �th° Ci ty of Fri d'I ey TN RE: Fridley �ron�tier Club request for reservation oi liquor license f�1y Qear Fri ends : 0 r- = ��On ti�rednesday- I delivzred to P�asim, v�ith a�copy �to ��irgil> of a reqt�es�t and memo far a non-confor��iny use G2terminatior. I send this to you because I r- ��ri11 not be presen� ifi 1;h� matter is discussed.at a future m`e�ting. At thi s poi n�� I do no�� kno:,1 4��i�at V i rqi 1 i s go�i n� to ru1 e, but I h�ve been � advised and �•�ou1d expect him to accept this theory. I have sent him a half ' r, a clozen cases fro�n vari o:�s parts of tn� Coun try �:nat i ndi cate sup;�ort. �vo � case i s goi ng ta be so exac � a s to �i n�ro� ve the same E:i nd of 1 anyuage. t�^y � theory -is tha-c -ch� use is t}ie sGme and ti�at all �•re ha.ve is an exte��sion of ^ �the kind and quality and asso��r��n�� of Tood and the kind an:� qual:i�ty and � assort�n�nt of alcoho1ic bev°ra��• ^ � .. � � ' � r• .. � In many ��ay� tl�� noti o� �Co chari�e �tiie zoni ng -from a nei ghUorhood sho;�?�� ng center �to c� CjEilet'c 1 s��o��i ny cen-t�r� seens i na��propri at�. So that ac�ti en of the ap�'! i cant i s noi a cause for° de1 ay, I have pa i d$� 0. 00 to Dar•rel C1 ark and have made an ap�lica�:ion for th� rezoning. T}�at, af co�rs�, is goinc� to in'volve giving netice to people in tne suf,roundin, ar�a ��rho are certa�in'ly � as ignor�ant of any zo��i��c� de.�Fec�t as '�1}�. Povlitzki. I�•roul�l thin'; your it��l:eres� and �ti�� Co!?1�11u►11 ty i ntcrest ��aul d b� b�s � s°rved t•ri i.hou�t sti rri n� tip �Lh° "L011'lll� 1SSU`. _ . ... . . . ., _., . _ . . . ._ . :� _ .. . . __. . . . . .,.. . . . . ., , _ . • . , . , � The earliest pl�nning co;i..T11SS1�011 ii�ee�:i�ig ��o��i1d be April �9, 1�75. I<<iil'I not b� ab�l e to be presen �, and i f that i s th�� rou�t� the ma�tter �a�es, som4on� e1 se i n my o f f i c� ��li 11 app�ar tor � ir. ancl I�lrs . Povl �i � z ki . I am sencl�ii�y a copy o�F tt��is lci.��er add�it�ionall,y 1:o Virc�il and to Pyasim so tf�at th�;,� may �;not�r my remar'r,s �:o each o�i you. Flave a happy Eastcr. Yours %ruly, � . � �� iJyman Smi th 4!S/bk cc: P�1►-. and Nr•s. Povlil:zF;i . . . . - � .. i � . � � ��. � ' � PU[3LIC HEARING MEETING Of JANUARY 13� 1975 PAGE 3 I'q ' I of tl�e ordinance of the City as they are now. Mr. Scltroer answered tl�at he had been in 1 business in the City of Fridley for fifteen years and he is very aware of I:he many stipulations and codes he may have to comply a�ith. lie stated, whatever Lhe City stip- ulates, he ivould ayree with. ^ . t4r. Kenneth Sporre, 301 Ironton, addressed the Council and recalled at the last meeting of the Cauncil a proposal ti��as made for a large development in ihe same area as thc proposed operations. Ile thought this may be at the same intersection and ^ asked hotia this type of situation would be handled traffic��rise. Mayor fJee conu��ented the traffic sit-uation e�ould have to be considered. .-, Mayor Plee asked if there �•�as anyone else �•�ho wished to address the Counci7 and there was no resWonse. , P10TION by Councilman Qreider to close the Public Nearing. Seconded by Councilman ,,� Starwalt. Upon a voice vote, all voting aye, h'ayor P;ee declared the notion carried unanimously and the public hearing on the natter of an on-:>ale liquor license ' application by hir. Robert Schroer closed at 8:16 P.fi. .� r^ � � .-, � .� � � PUl:LIC NEARIP;'- OPI ISSUING Ai� OfJ-SALF LICUOR LICEP:SE TO RICf(P,RD DUANE POVLI7ZKE, 7365 ULU CE �R/;L Al�EfiUE P�. c. TFRIbLEY fPO;iiI�� CLU6, I(;C. : � � F1r. t�lynx�n Smith, llttorney for h1r. Richard Povlitzke, addressed *he Counci] and said 14r. Povlitzke and his ��rife are the sole stock holders in the Fridley Frontier Club, Inc. i�fr. Smith explained t.his buildin9 �;ras presently licensed for 3.2 beer sales, tavern and set ups. The seating caoacity o� the facilii:y is 357. :;r. Smith said he had been told by ��ir. Povlitzke that it is very impo�,i:ant that he obtain a liquor license. Ile explained that the�°e had been some modifications made to the operation, and n�ore t�iould have to be made. There had been soir�e kitchen i'acilities in the past and these could be replaced. Mr. Smith informed Che Council that Pir. Povlitzke and his wife and family had been in Fridley for 14 years and 'ne felt he had done good job in remodeling the building. fie further pointed out that the building occupied by the rrontier Club was the first liquo�, establishment in the Ciiy of Fridley, 3uilt by the Gott��•Jaldt f3roi;hers, in 1950, the building �•;as �•�ithin the big sh�pping center in the City of Fridley at the time. I�e mentioned this a:as before the rerouting o,f T. ii. =16�. i•ir. Smith said he had recently,visited the business and pointed out that the inside and outside of the buildino had been re:;�odeled and is quite attractive. hlr. Smith said he did {:now with his assoclation with the City that D1r. Povlitzke had had some police problems ��riih running the tavern, but he did not feel that th2se problems were in excess of any other operation of this type. t:e pointed out that he had maini.ained the license for 14 years. ��r. Smitf� said he believed the obtaining of a liquor license ti•�ould upgrade the operation from a drinking place to something better and be an improvement to the con�uunity. �•ir. 5mii:h pointed out that P1r. Povlitzke ti��as born in North Dakota. Mayor Nee questioned the proposed plans for the building. �1r. Povlitzke said plans had been dra�ti�n up and he had yiven them to the City. (le said a kitchen area would be added on, and basically, evei°ything else would remain tiie same. Council��roman Kukowski asked if it would be possible to install adclitional parking facilitics. . t•tr. Povlii:zke said the City had quoted him an amount to meet the requirements to be 91 cars. Councilwoman Y,ukowski questioned if this would be the property require- ment. The Public tJorks Di��ector indicated that according to the present building code, the seatiny capacity of 333 ��rould be divided by four �vhich arould be in the - area of 90 cars, but a�ith the existing restaurant facilities in the City where this - Criteria is being used, this is not adequate.parking. � � `. V 'J ' The City Ptanager said this parking question had been di,scussed in December of 1974 "°' 'dnd it had becn determined in the case of arestaurant. that the parking requirement may be more inline with one stall per every�two places in the seatin9 capacity. ; i{le said they thought Lhat the operation with liquor would need more parking than the � normal conui�crcial operation. � I � r � Gouncilman [;reider questioned the type of inenu th�t is currcntly proposed for the � i 1'estaurant, tlr. Povlitzke said they are serving hamburgers� and cheesburgers, etc. i �t the pr•esent timc� but would enlarge thc menu. Councilman Dreidcr asked if it . "^ � • • � . l--•--....._..._ ___.._..._.... . ..._ _.. _._.... . ... .... . .. J � PUQLIC IIEl1(tING h1ELl'ING OF J/1NUARY 13, 1975 . •� • P/1G� 4 S� � . � � would be a more sopliisticated menu when the restaurant facilities are installed and Mr. Povlitzf;e said yes. .., �4ayor Nee said he had been Lold the Frontier Club had not complied with many of the agrcements that �vere made wiCh the City. ile questiuned �•�hat some of the items of , ayrcement t•rere to have been. The City t•ianagcr called on the Public 4Jurks Director ^ for these specific items that had becn agi�ecd upon t•�iCh thc original remodeling of the facility. The f'ublic blorks Director mentioned the storaye building t��as to be renbved, and this had been dune. Ne said the area �:as to have been paved with additional parking added. Fie said the landscaping had not been done on Onondaga. ^ Mr. Povlitzl:e said he had intended to complete the items in the agreement, but was not making enouyh money to co�.��lete the conditions. fle said he was not a�vare of anyone else a�ho t•.as taking out Cheir outside parking and putting in trces. .-: Fir. Povlitzl:e informed the Council that it �•ras not possible for him to move the storaye building until tf�e hard::are store had inoved. He said t�hen they r,�oved, this rras i:aken out. The City t•lanaqer as{:ed if there t•:as a co�npletion date rr,entioned in tl�e agreement. 7he Public t�:o��ks Oirector st,id the agreement did not iiidicat� this. ;iayor ,_, Nce �ked P1r. Povlitzl;e the amount of the in��estment. I�r. Povlitzke said $50,000. idayor tdee asked if r�hen the ��iork is done, �•�i11 this end up to be a night club. f•;r. Povlitzke said yes, a night club t�rith entertainment and � lounge. ��1r. Povlitzke said it �•�ould be like ihe 5hore��ood. � Councilman Star��ralt questioned the time table for the proposed additional faci]ities. He mentione� this ��rould in��olve the incorp�ration of a full line of food according to the present ordinance. Ne again asked the tir�e table for the constructi�n. h1r. • Povlitzke said it «ould be coir,pleted in three months. � . Councilman Breider asked if there �•�ould be any plans to remodel the facility or upgrade the furniture. ;1r. Pcvlitzke said he r�ay get ne�-� furniture, but he believed the inside of the building is as nice as it could be. .� • i•layor Nee asked if the hearing ►:us to be continued, could ��tr. Povlitzke furnish more . . plans? h1r. Smii;h ans�•�ered, �:ould it help if they provided photoyraphs of the building. Councilr�n Star��;alt said he had seen the interior of the building, and r., it had been extensively redone. He said he �aas trying to compare the dining facility , and the changes that ti��ould haa�e to be incorporated. t•fr. Dennis Sclineider, 6190 Stinson Boulevard, addressed th� Council and indicated that ,,,,, . he had a question concerning tt;e iter,�s 1:hai: ��;ould appear on the rnenu. iie asked if the menu would he comparable to that of the Shore�r:ood or s;�ould it compare more with the operations in t•�ounds View like the Laur.chiny Pad or the t.ermaid. ;dr. Povlitzke said it ��rould comnare �•rith the hlermaid and the Shore��rood in that food, liquor and enter- .� tainment ►vould be provided. 7he Cit.y Attorney quesi;ioned if the dance floor ��rould remain in sufficient area. Mr. {'ovlitzke said yes, they could save i:he dance floor. ^ 'ihe City Attorney asked if this �dould be as large as it is at the present time and hfr. Povlitzkc said yes, He questioned if there �vould be enough square feet if it is left the same ►�rith Lhe proposed seating capacity and Ptr. Povlitzke said yes. •• hlayor Neeasl:ed if there were any other comments from the audience concerning the application. �ir. Povlitzke invited the mem�ers of the Council to visit his business. fle said he ,.. would like soric explanation of what the n:enbers of the Council would likc to have done in the line of the dining area. He said he was thinking of leaviny the operation in one large ��oom. ^ Mayor Nee said it would have to be demonstrated to the Cii:y where tlie parking ►�rould be. He said it �rould be possible to continue the public hearing. ' � � Mr. Smith said he saw no reason to continue the hearing. He said it could be closed , and if the que�stion of the parking or other facts could be met by the conditions of the '""' � license and the plans could bc revised, tic said the con:,truction plans wouid have to be reviewed by the Subcanunittees anJ coine back to the Council. . . (�kiyor Nee said it would be in order to receive the report from the Public Safety ` ' .— • . Director along �vith this hcaring item. , ... . _ . . _.. .. . ._ . ..._ � ...... . ..__.. ._..._............ . . .......___.... __....... .. ._ . . '`r'�'+�� • • • �,.� � ruu��c �4�nfi�r�c wEerJr�G or• �nNUnkY 1�, 1975 r- PAGE J � �� v , ( i�0?TOf� by Councilman Starwalt to receive the documents from the Public Safety • � Uirector, I•1r. James Hill, concerniny the liquor license application of t1r, kichard ^. � Povlitzke and tho Frontier Club, Inc. dated January l3, 1975. Seconded by Council- rroman I:uko��ski. Upon a voice vote, all voting aye, t•tayor Nee declared the motion carried unanimously. r-. .�. t•10TIOPt by Councilman.Breider to close the Public Hearing. Seconded by Council�rroman Kuku��lski. l;pon a voice vote, all voting aye, t•tayor Nee declared the motion carried unanimously and ihe Public Hearing closed at 8:47 P.M. PU6UC {IEARI�r'G 0`l FIt;AL PLAT, P. S. :','7h-06�7At;DER'S FiRST ADD1TI0t�, 6Y DA1l[Y I;0'4ES, lt{C., LOi:l1TED S(1UiH OF 615T AVE(iUE G�T!�lFEi! L'Ei;J�+�•iI�! STi:EET AIvD hiCY[flLEY STRfEI: 7he Public Safety Director pointed out a plan of the proposed plat on 4-A of the agEnda book. P•1r. Sobiech read the stipulations �aithin i;he minu�es of ihe Planning ^ 'Comnission from the agenda book and briefly explained the reasons behind the stip- • ulations concerning the easements. . Ptayor I�ee qeustioned if the City Hrould be r•esponsible for damage if the storm drainage � plan does not work in this case. The City Attorney answered this would only be true � in t��o cases, ane, if i:he p7anniny of the system ��as not adequate, or secondly, if . there ►•tas negligence in laying out the system, or the maintenance of it. rie said in a natural situation �•rhere there a:ould be a great deal of water and increasecl � • runoff, the City t•�ould not be held responsible. ;�ayor I�ee asked if i:he draina,ye plan t�rou7d be le•� than ad�quate? The City hianag�r said no, he felt i.he plan s�ras #ine and is comparable to vrhat is req!�ired by other i!evelopers in other parts af the ' City. He fett this consideration ti•!as raised because of the concern of the man on the ',., north,•�est side of the property. The Cti� 1•lanager said the plan for the area i•�as . ' suitable and had just as much potential as other properties in the area. , � Mr. Dennis Schneider asked if the drainage to the north would eventually end up ',,,,, in Harris Lal;e. I•tayor Nee ans�rered, he thougnt either way, it t•rould end up there. i�1r. Schneider asked if the Harris Lake area was platted ��rith i:he addition of this . type of drainage into the area anticipated. The Public Works Oirector said the area �•:as planned with this in mind. . � Councilman 6reider questioned if the property to the east of this development had underground utilities. The City t•lanager said the area aras platted before the City adopted the policycf underground utilities. Councilman Sreider questioned if this �rould - be a hardship for these people ��;hen the adjacent prop�rties were not required to do ^ this. The City hianager said the people in Briardale have underground utilities. ile � said the applicant agreed ��ith the stipulations. � 610TION by Councilman Star��alt to close the Public Hearing. Seconded by Council��roman ^ Kuko;rski. Upon a voice vote, all voting aye, i•iayor hlee declared the motion carried ' unanimously and the Public Hearing closed at 8:59 P.Pt. � PUBLIC HEARIt�G OPJ FIF7AL PLAT, P. S. �7A-08, `HERI•1AL RICE CREEK 7FRRACE, BY GECR�E .-� L. 41ALQUIST, LOCATED IP! THE fiORTNb!EST J,�4r',iIT Of f2ICE Cf;E[K ROAD AtiD CEt�TRAL i1VEP;UE: .. � .� ... ... .. The Public 4;orks Director pointed out the area to be t�rest of Central and north of Rice Creek Road. He said the prelimin�ry plat indicates five P1-1 lots each ti•�ith the minimum size of three-quarters of an acre, and �•rith,the minimum frontage of 100 feet. l;e said the preliminary plat as presented can meet the minimum size require- ment. }le informed th� Council that the minutes of the Planning Cur�misison neeting of September 4, 1974 indicated recommendation of the approval of the plat with several stipulations. h1r. Sobiech read the stipulations t� tf�e Council and audience and ex.plained the location, size and need for the casements. Ne explained the draina9e of the area ta be handled by open ditches and swales and explained the placement of those reconmended. t•iayor P1ce asked if tfie property in back of this is currently zoned R-2 and 'the Public 47orks Director said yes. The area is double bungalows. Councitman Star�ralC said he had no qucstions concerning the proposed plat at the present time. He hoped the development has a firm undcr�standing of the water levels in the area. �le mentioned thc conditions of the area are less than desirable, but � with the proper en�ineering and if the stipulations are followed� this could be An asset to the City of Fridley. .. .� � ! . i ...___.___._...---., --.___.__._... ____._._..__.__.__._- -•----._..___......._�___. �� 4 . . nr.vwtu.. �.vi�...aa. ru:,.�uw vi .u...�..v�..., ...,� ..... --- . V ,... / CO�S7f�1:RA�'7(`y ctl' TSSl�.1!�CI_�l� T.1�U�K T,TCIiN;;i? T� RTC11Altn DINNF POV1,I'I'I,f.T 7365 OTA i �-----°-�_.. CI.t�7'l:At, AVt;i�l;': N, I;.. I1:11�1,1;1' I'It(�ti'1'llil_Cl.11l; 3;d(:.: � � / Tlnyor. P:ee poineed out Chat there hnd Ueen u questi.on of defecCive process rnised conccrni»�; t:l�o- public hcarinF, Pt�yor Fdce said 6is ,`celi.ng was tGnL• the Council � sl�ould }�x-obably go Uack aud hold the puUlic IicarinF; aF;rain, ' 1'I►e City A�corney ndvised the Council thaC his recommendaCi.on wouid Ue Lo Lable the '- considerfltion oC Che presenL tim��, ]le said he woul.d likc Co review sotn� of. the "" materiz�l that �.�as presented to tl�e Council and get to�;eCher with tl�n_ �pplicant �nd his counsel and di::cuss tl�i.s maCter, lle said Chis could be brou�hc bacic to the Council at their n:�xL• re�;ular meelii�g. .-. � 1•fOTIOy by Counciiman Star�anit to table the considerat£on of the issuance of. the liquor license as requesCcd by hir. Richard Povlitz.ke, 73G5 Old CenCral. Avenue unCil the next ref;ul.ar m?eti_ng of thc Council. Seconde3 by Cow�cilman }3reider. ^„� � i1POV A VOICL'.1'OTE, all voting aye, �layor Kee deciared the u�otion carried unanimously. C.O:dSID1'.l:A'CIO:� OP SPGG1:57'INC ATIDITTO:�AT, I�31!;l;l: OF T1IIi CC?1�tU�I'fY SC1100L CO?�f•11'PTEG: Tfayor nee pointed ouC that Councilcaoman l�ukowski had an interest in servi_ng on the � Con�r,•;tniCy School Coaimitlee and tliis is tahy he brough� this nction to tl�e Council , atL'enti.on, � Afayor Nee m.nL'ion�d Chat Che Counci_1 had r_cei_ved a l.etter from Mr. Dan }�uif, ^ raturalist/l;c�ovrce Coordi.natur and mar.iber ot tlie c��m•.itittee� and also soni� iniormation on Llte projecC irom JistricL ;;`14. AfOTIO� by Coiuicilran Breider to designate Councilwo;nan Kuicowski as a reoresentative ►. on the Community School Co.r�:nitlee for Districl ��14. Seconded by Councilman Starwalt. UPOV A VOICL•' VOT1,, all voting aye, Atayor Nee declared the motion carried unariimous).y. �., Councilwoman �ukowski ttianked the Counci.l ior this action. RECP.IVING TIP; �?T[�U1;iS 0� T}'�s .10I?�T_�F:ETI?�S n.' TTi: PLA\VI�'(_CO?P;I.SSIO\, PAP.1:S A:�U }:L' Cit}:P_T10� COII�9TSSIC�F Ai�D 1�i1�BIY.�iI:'r.Y COi.C,!T:P'�;i;i 0? J.�til'yRY 7, 1975 ~� Aiayor nee indicated this had been a joint ri�eting with na Council action necessary. TfOTIO� by Councilman breider to receive the minutes of ttie joint mr_eting of tlie I'lannin�; Conmission, Parks and };ecreation Com�ni.ssion and Citizen P,iRe�eay Committee ^ of January 7, 1975. Seconded by Councilman Starwalt. UYO� A VOIC� VOT%, a]1 �>oCing aye, ifayor Nee declared the motion carried unanimously. �., P.iiCETVI�c r�n: rtz:�l'TI:S OF 'P}'.E fill1LDING STA\DA1:US-DIiSI(1\ CO\TROL SUSCO>PtITTLT: �1CG1'IN': ��,----------------------------------- ----------- OF JA�UA�:1 9z 1975 CO\S11)liRA1'70:� Or A RB�UI;S"C ^OR OUTSTllE ST��R•aGE GL7LUI\��: LOC�'1TEll r1T 6400 CLSTi:�L -- ---�------------1-----------------------�-------------- ------- r,,,, '•A�'F:\ill•: N_I;��I:E�ICS'C ;;Y t�1IUl��S_l,\':1X Ai;D S1'OP.A�:t? CO:IPA;iY, 6400 C;;.�'t'R:U._A1'li\LJL•' N. E. F}:)ULI:Yl Ptt��!•:Sp'rA—�_��--- ---- ------- ------- Tfie PuUlic h'orks DirecCOr pointtd out tliat l'liis it:em would also need Council action on the variaiice porCion of the application which would be laken care � Of as Clie next item on Che abenda. , The Publ.ic ldorks Director explained the proposed construction to be on the souCh linc oI the prop�rCy, fle said Che $uildinF Standar:ls llesign ConCro� Subcom�nit[ec ^ had recomatended npproval oC Che request wiCh slipulations. The YuUlic lJurics � Director uslccd i[ Ptr. liural� was presenC and he responded. Tlie i'ublic tJorks DirecLor said Chc other property owncr hop^d to devclop his .`. rroperCy using the •r.ero sel'Unck. 'Phe Publie Works Director continued to exp'ain that if Cbis is nat d�ni�, thc property nwncr would bc rcquired to allow thc 30 fee[ cleur:�nce for emery;ency vehi.cles �ccess entire�y on his prooc:-ty. This • wauld menn providint; for thc lwo porCions of Lhe 15 foot casements enLirc'y on ,,,,� � titc soutiicrly pru�erCy. , .� . .._... .. ... � � -+e�...e-.. .:9lT°a,..� ;.. . r�r j I r� .-� � .� ►� - � rr r..^ . r�r r� ' " ..` , �� . �.� �� ." .�� ...�. TIQ: MTNU'iTS OP TIII's RGCUTAK A(L•'�TI.NG OF '1911: T'R1llLliY C]TY COU�CIL Or PIi13RlIARY 3, 1�75 Tl�e 1teg�ilnr htcetinE of thc 1'ridlcy City Cuuncil of PcUruary 3, 1J75 was called to ordcr nt 7:30 P,T1, by Mayor Nce. rra:n�;r•, or nt.i.r•.cTnr:c�:: MAyor Nee i�idicaced t�e would nppreciate il if tkie audiei�ce wonld join Che Counci� in sayin� the P1eJbe of Alle�iance to Cl�e l�lag. ROT.1. CAi.I,: TIIiPil;F•,}:S PP.]:SL•'NT: rlayor Nee, Counci.lwom�n I;ukowski, Councilman f3raider, . pnd Cowicilman SCart•�a1C, Tf�h11;Gl:S /:I;S1i11T: ronc. APPR01'AL OF MIP:i'1tiS; . RLGUT_AR CC)ITVCIL PiGti'1'Iid�y_J1��P�I_Y_6L_l�)75 MOTIO\ by CounciLnan Star�.�alt to adoot Che Minutes of �_(ie Itegular �i�eting of the firidley City Council of January G, 1975 as presented. Seconded by Councilwomsn Kukowsl:i. UPON A VOICE VOTL, all votino aye, rtayor Nee declared Ciie moti.on carried unanimously. PUI3LIC 1T'AP.ING tt;F•.TI\C 0?' JA\U:1RY 13i 1975 � PiOTIU� by C�uncilm�n Scarcaalt to alopl the Pfinutes of the Public Ilaaring 24eeCing of the Pridley City Council of January 13, 1975 as submi.tted. Seconded by Council�aoman Kul:oxski. UPON A VOIC13 VOT�, all voting aye, Mayor �ee declared the motion carried �nanimously. ADOPTIO\ Ol' AGE�DA: Tlayor Nee indicated that ttiere was a co:nmunication from Constock and Davis, Consulti.ng fingineers, ti�at si�ouid be added to the agenda. I+tOTION by Councilman Breider to a:lopt the Aganda as amended with the addition of the i.tem m�ntione;l b�+ PSayor tiea. Seconded Uy Councilman Starwalt. UPO� A VOICG VOT'i, all voting aye, riayor Nee declared the motion carried unanimously. OPG�� FOI:U�i - VIST1'OP.S: M1ynr Nee asl:ed if anyone wanted to nddr.ess the Council during Ct�e o�en forum and thcre was no response. • • O1.D t3US7N:iSS: CONSIDIiF:A7'I(» 0^_7SSl1AnCF. �:' I.i t�0:t T.TCf:\SF TO RIC,IAP.� DU,�hii POVT.7T71:r•,�73G5 CCN1'RAi, --g-------.------------- --------------- �AV1iNlli:_,N. G L_P�1bl.L•'1 l�(:01'I'71_!_ CI_Uii1 ].\C� J'.11i1�?ll 1'1.0'tt .TA��U:11:Y 20:--197�): - — 5----------------- T10T70\ Uy Co'1I1CL1111•9R SCarwslt to receive the communical'ion from SmiCh, Juster Feikeme, 1laskviCZ & Cassarly, si;ned '�y t2yman Ii. SmiCh, concernin�; the applicati.on for a liquor license of Richard Uuane Puvlitzke, dated January 31, 1975. Secondcd by Councilman I�rcidcr. UPON A VOTCE VOTG, all vo[ing nye� Mayor Nee declared the motfon cArried unanimously. ptayor Ncc said Che crnnm.�nicntion conccrncd thc adcquacy ot Ctic provisions. Ilc snid from his knowicdFe o( tl�c c.�nCenC, hc fcit hc would nceJ som� lcral c�unset on the co�mnunicntion. Tl�e City Att��rney indiciiled I�e I�ad received n capy oC the communicnCion just n fcw a�inutes betorc Ci�c mceCin� had bcen called lo orctcr and wns not Ablc Co rend it thoroughly. lte suid he would nced some tinic ta re::corch tlic qucs�Cions pnd reryucsCUd Clui[ thc Couucil FranC Chi.s lim�. 1'hc City AL[orncy also inJica[cd tl�nt lhere wcre coinplex issucs involved thal httd no[ been interpretcd by the Atlorney Ccnernl or Cl�e Courts. '�'� I_. . ... .. ... .. . .. . .. .. __ �5 l � '�'�� • _.� _, f � ItGGUI.AR COUNCIL AtEl:TlN:: OC F1:iSRlIA1tY 3, 1915 .: i 4t y i :;� PAC3: 2 � i }lc cnid thcrc nre nl::o new sCaCutes ndopted by Che 1974 Lef;islature which would hAVe to be considcrc�l. Mr. )irrrick furthcr pointed out that it would have t:o bc dcccrmined ii the items thnt liad been c��nsidercd b� the Counci.l in t.lie pasC concen�iry; che issuance of liquor licensc, would sCill Uc ap�ticablc. '1'he Cil•y Attorncy said i�i his mind lhcre arc two statut.es chaC arc iit conflict or confusi.ng. H� said he fclC Lhe CiCy shuuld seek en o��i.ni.nn f.rom thc rlClorncy Gencral on tl�ese points, not only as Chey app�y to thi.s ra��plic��ion, but also LuCUre applic�lions. Ile ii�dicated there had been souic quesCion on the issuance of Iicenses and it had bcen detcrmi�ied thaL- tliey would be fssued to hoCCls and restaurants, !le said tl�c yueslion would bc, �ahat is a resCaurant? lle questiuned if Chis could Ue � business lhat is en�;as;ed in sonu� uther type ot acLiviCy, but sti.11 qualiLies tor the liyuor license. ile fell' thes� yi�estio:�s should be a::ked the AtCOrney Ccnrr�l. Ile said I�e w�uld lil:e this Caken care ot foc thi.s anJ f.��Cure licensc applicaL-ious. rtr. {dyman SrniCh, AtCorney f.or ,fr. Povlitzke, addressed ti�e Council. and indicat:ed he had i.ncluded all of the necessary infor�.;iatiun i.❑ Che memo submitted to Che Council. Ne questionecl Cl�e d:lay concerning tl�e issuanee oP the 1.icense sayin� Chis type of d��]ay had been used i.n the pasC witli the CaUle T�levisirn� issue. Ite said the Council. may be rap�aling the s.�m� experience. Mayor Nee asked if anyone on the Gouncil would lilce to pro;eed in anyway aL tl�e present Cim�. Counci.la�oman Kut:o�aski said Che letter from >[r. Smith had noC been forwarded to her from �_he Post Office and she had not had a chanc2 L-o read it. She indicated she thou�hl Chi-s taould Calce sonra Cime. Councilman SL'ar.ca3lt agreed and m�2ntioned the leLter received in re�ard to the situati.on in i�faplewou9. fle said both should be tabled witil so:m� }egal res2arch is done. Af07.'IOid by Councilman Starwalt to table the consid�ration of the liquor license applicatiai for the Frontier C:ub and refer thc matCCr to LF�e CiLy Attorney f.or research: Seconded by Councilman Brei.der. UPO� A 1�OICE VOTE, all voting aye, Tlayor Nee declarrd the motion carried ununimously. COnSIDEP.A'fIOV OF SECOVD RtiADi.� . 0;• 1:� 0'tllI\:1�vCE APfl:\i)I�G CIU1P'PER 603, IrTO�TCATI\G i_ig�tox;----- - -- ________-_.._---------_�..�_ ----- -------- btayor Nce sai.d a question had becn raised by Afr. Savelkoul, Piapie Lanes �oncerning the proposed ordinance. The City Attorney said lie 6ad just received the comniunication a few minutes previously and liad noC read it. '. Afayor Nce said maybe tl�e item stro�ild he postponed until thc City Attorney had a chance to read the commnnication. TSr. Savelkoul addressed the Council and referred Co the mr.nio liz had submitced ro • tlie Council and said hc felt thc inform�l'i.on r�as sclf explanatory. Ptr. Savelkoul sugges[ed tliat tl�e basi.c decisiun ot the Council L'o be wliether.or n�t Co s�t up nUsoluCC arbitrary sCandards. fl� qucsCioned require:ic�nt in dollar p�rcentas,es nnd askeJ huw it wauld be possihle Co provide compli.ance co Lhis with no more and no less promised. lle aiso stressed thc importance of the Council establishinh eonsideration o[ Che issuance of che individual licenses Chrough Council discr�.linn, !le used 1n examplc oE this, that a busincss such as P1�ple Tanes liad bcen in busi�icss in tha CiCy oi 1'ridlcy for 2J �ears and had not caused any problema. !le asked ii it would bc possiblc for thc Council Co i.nsert somc lanFuat;c in the proposcd ordinance which alio�;� fur this Council discretion. Ile menCiuned che chan�;e in the Stntc Laws nnd fcll• the City shoutd not deviate from �he Statc La�us. I . � �� t Atr. Snvclkoul went into det�il on Che Cype und locatton o( Che competilion Chat is foced by Che loeal bow�i.ng cenCer with respect t:o Chc Liquoc sa'es. 11e poLnted out fhnt thare are m:uiy businessas ch:it do I�ousc resCauronCS n�onE; wiCh oClier lyp^s of btisiness nnd this d�cs uot disqiinlify lhem as being a restaurnnt, llc :+f;ni� asked [f�uC the Cicy nuc take nn orbitr�ry approacl� anJ insist on Che 40% of business bc Jono in food, , ' I ... _ _ _. ... �... .. _ ._._.....1 �i OFFICIAL NflTICE CITY OF FRIDLEY � PUQLIC NEARING BEFORE TlI� PLANNING COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a°ublic Hearing of the Planning Commission of the City o f Fridle y in the City Hall at 6431 University Avenue Northeast on April 9, 1975 in the Council Chamber at 8:00 P.M. for the.purpose of: A request for a Special Use Permit, SP #75-02 by Wyman Smith, Attorney for la. R. Stephens, Jr., to permit the sale of ne��r and used cars per Fridley City Code, Section 205.101, (3,6) and (3,G), in a C-ZS zone �general shopping areas), to be located on Lot l, Block 1, Pearson's Second Addition, all lying in the South lialf of Section 3, T-3U, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 7701 East River Road N.E. Anyone desiring to be heard with reference to the above matter may be heard at this meeting. Publish: March 26, 1975 April 2, 1975 RICHARD H. HARRIS CHAI Rh1AN PLANNING GOMMISSION a :�? �: � <<: :� ;+ .�, ., �::.� �. . , � CT7'1' O1� I�It1Ul.lil' htT�!�f:SU'I'A rt.n�nln�, n,�u ,:��!nr ��cx;�t h�u��:��-_,1�f� �-5=a.�.. r-- /�I'I'1.1 t;�1:�'!'' S S ) G\:�'1'llltli �Jyman Smi th, Attorney -�or l7: �-�� e fiens �r. . Ad�tres:: 1250 Quilders Exchange Building '� �Minneano� is, Minnesota – �5��–�-� �- '1'e] c��t►oiic �u:�il�cr 339-1481 r I'l�i3i'filt'I'Y bii\l:lt'S SIG\:1"1�U1:1: Ld. R. Stephens, Jr. � r. itciclres� 2370_Ni�ht� 100 South _ Minneapolis, P1innesota 55416 'J'cicl�honc ti��rnh�r � 929-0081 . ,+- r Strcct. l,ocation of Prol��'�'t)' 7701 East River Road Lc�al llcscri pti.on of Pro}�crty . �2 - T��t�r: or• iz�:Qur:sr }tezanir��; X S��ecia]. Usc I'crn;it Aj�j�rot�:�l of 1'rc�r.�in- inarY � I�in;i1 1'11t Strect:s or �llcy V�tc�tiotis Othcr Fce ,.;/ �Reccipt �o. y j'�� , �� :•-: � `C'� �J� J Prescnt Zo�ling (:]�1SS1.i�1C�t1011 C-2S Eaistin� Usc of Property snowmobi �e Sales ,,- Acrec��;c of }'raj�crty Desc�ribe bricll�' ti}le pro��osed zoning classificatic or typ�� ot' t�sc z�ld i►;�p�•overucnt proposca They need a speci al use permi t under 'i '� Section 205.101 of Cit_y Code 3B and 3G for new and used car sales. The business would be a Datsun Deal�rship. -- llr►s fihc pi•cscnl'. �I�i�lic��nt prc�'iou�ly sot:c;ht to rczonc, plat, obtai» a lot spli� or �" v;�r.:i.;encc e�r sl�c.�cial usc ��cr:nit on thc subjcc.t sitc or part of it? ycs X no. 1ti'i�aL was rec�ucstecl arleJ rrlfe�t? —.� r � . 'i�I1C 11i1cIC1'S7�;Il:.�cl »►�dcrst-.ancls th.�t.: (.i) a list of all resiciciits �i��l ot•:ncrs of prapc�ty � : t.�ithi» ,iOO fcet (.i50 f�ec?t: ior rcz�i;int;) n,u�t bc attacll:J to this applicatior�. (1,) 'I'I�is a��}�i:icat�on ri:i,:t hc s.ihnccl l��• all ��:�nc:•_; of tlzc p1�ol�crt}', or att cxp�.i2Ilcit.io�: �i��c:n i;hy thi:, is not: t.}ic r.asc. (c) l:cs}�c�nsihil.it}• for an�� clefect: iii thc }�roc�,cclin�*� resti] 1� iiis; fruri i:hc rc� i liir�• to 1 ist tli� �lamcs �lT1C� <<dclressc, of al l residc�tts a�1c1 ' r" l�ro�,crt��• o��iirrs of j�ri�}�c�rty in c�ucsti.on, hclon�;s t:o �hc un�3crs.i�;nccl. A sl:cfich c�f� y�rot�o�c�l }�rc�}�r.rt�� anc� <:rr.ui�turc n;ust hc (I1'.1{�:il nnci �tt:ir)�cct, sho�ein�; thc ,r f�a?Ioti��inE;: 1. \ori:lti I�irec;:iu». 2. l.c��aiion of },ro�;c�e��il strt�ctt�rc on thc lo�. :i. I)i�,�c�n::io;z, oi� pro}�c�i•r�', I�;•�,��o:;ecl ::iructui-:�, ,inct fi•c�ut c�n�! sicic scib:tcks. �1. Strcc.i: \��inc.�s, S. t.c�c;�tio>> ancl u�:c c>f ;i<ijaccnt exist'in�; I�u.i.lui.ngs (<<�ithi�i 3Oi) fect r ' .►- r r r '1'h�• uncirrsif;nc•cl hcrcl�� clrc:l;irc�s th�it .ill thc f.icts aiid i•c}�i'cscntat.ions st:,ti�cd 'rt this a��,�l ir:it ic�it ;irc t:ruc :��d c.arrcct. t��1't'1: March 12, 1975 stc�,�'j'ui��: � �._._�_.___._ "� (,11�1�1. l C,��'� j-V7 i ian �nii ��"� Attorney for 4 R. Stephens, Jr. iT,itc I� i lc�cl <<�z� I);itc of Ilr:irin�_ t�- l- �� {'lti�i�tii��; Caruni�:;ic�it (tla t c>: ) � A��i�ruvc•�I Git�• t:auiiri ] 1)c•ni�•�i � (clatcti) - Ap �i t•c� �� c�cl Ill'I11Gt� � ,<:.� � • . , • �Da� PLl�NNING COMMISSION r March 25, 1975 ��. MAILING LIST 'r SP #75-U2 Wyman Smith, Attney for W. R. Stephens, Jr. to allow the sale of new and -'"' used cars � Wyman Smith 1250 Builders Exchange Building Minneapolis, Mn 55416 'r W. R. Stephens, Jr. 237� Highway 100 South � Minneapolis, Mn 55416 r A-1 Motor Sports 7701 East River Road ',r Fridley, Mn 55432 � Mr. & P�rs: E. V. Ahrens, Jr. ,r- 160 Craig Brook ulay N. E. .Fri dl ey, � t�ln . 55432 ' ^ Barry Blower Company ' 9� fV.E. 77th Way Fridley, Mn 55432 1"' Mr. & Mrs. David Berg 76y0 East River Road N.E. Fridley, Mn 55432 � Mr. & Mrs. William Jawor 124 Craig Way N.E. r Fridley, M 55432 * Mr, & Mrs Richard Smith r Fr6dleyne�1nr��F3�ay N:£� Mr. & Mrs. Lloyd Meyers� r * 132 Stoneybrook �lay �.E. Fridley, M�t 55�r32 _ Wesley D. Jensen r * 160 Ston�ybrook_Way N.E. Fri:lley, Mn 55432 � ' Elaine Har�mann 119 Griagway N.E. '� � Fridley, Mn 55432 � Edward S. Jonak 133 Craiyway N.E. — Fr�:dley, Mn 55432'' r Mr. & Mrs. Kirylo Czichray 1�47 Craigway N.E. Fridley, Mn 55432_ Joseph Ricter., Jr. & Gladys M. Anderson � 165 StorFeybrook Way N: E. Fridley, Mn 55432 Mr. & Mrs. John Dunphy 155 Stoneybrook Way N.E. Frid��zy, Mn 55432 Mr. & Mrs. Charles Martin T33 Stoney brook Way N.E. Fri d1 ey, Mn 55432 Pau7 M. Burkholder 6229 University Avenue N.E. Fridleys Mn 55432 . Mr. & Mrs. John Van Krevelen 7661 East River Road Fridley, Mn 55432 .. The First {�merican National 6ank of St. C1oud Howard I Danohue,`�Attorney for Morgagee 601 1/2 St. Germain Street St. Cloud, Minnesota 56301 ,..,, .., ..... _ _._ .:.r_. �- _ . � _. �.,__ , . .. _ _ ��......:... - . _ _ .y. __. _ . .. _. .. .. . . _._ r. .______..__- - • . ,�„i,>, , �. . ' � . . !Y +, � `� \ � � rV )! /�:. �• ..�+ �•. v�l� ' ,! ,• . . '. , ' ':� . / � �: ,,, ; � .., ' ��. ,, � , ••' �, '`:. ; SP �75-02 Wyman $mi th, Attorney fo ' �'�' ,.. "�;Q W. R. Stephens , Jr. , �to permi t the � �� , 7 � �,�'i. 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't o \ f.�,� � � �;',a � ,• � �� f L ' • ; rw-. �,,,p J s j �`� / t Y �� / �I //� i ) - :. • t . �' .. �. , . �; ,, �; ' f' . ,'t ,. , �; C � � �'' �a00 ; � ( =� � ,� � , ` • � > ! ��.? cJ �i 1 � ! _'% � f; '� v I > . / j C !". i /�� '� � ��,�.,�...-:-f"^"�-'�': � � �,.1 �s /`4�� : i �� •,'f7� , �a :i ��/.� .�"'.... w � ��\y / la � �, .�'• F �$ , f r%S. � "-'" � �-�� : ` • ~ � L dAi !7 i7 �'\ �.. , 7 S' -�, �/'� � 1{� 0: •',� _.--__- -""' �D�.. /d '-� /? � 1,�: �:.. •,''.� �• ��,`6 � " `� �'r `��••r�{f%~/��9 �j ;•.%/�� .� ��.% �/•:,.�.� .,:::�. ,.��. -J�yy. ,�C.�\t,�--------- � �ya ; `�3t�,�'r. -�a • �V .a��,.. ��.t ,� � � ;� /t t' ,, � \\ .J �M. ,I � f �"" r�1•rY •a «�'/ �. j�� •� t�, (.�! � ( - f 1�.p��` ,R � 1 � �� '� 1. 1 r� % '1 ( � i /.. J 1.., rr �'� � � � � �ti C� .1 • r�� J �( � � . ! � ! �: t,.... !, t �✓ I� � ' � J ;4 i v � � . , � r' . ' �` � � ~y, 1 �1 t ,: � '-�:: ��r. "� : � � r � � ,,� . .�:. � , �� .�. .Si 0 �1.. •,•.. :. � � i�. ,•' : �' .'� .-. ( {�.. .. � . � � � � . . /J Go � , � \ :�� w"' .'IJ1, . t� , \ � . 5�60' '/�� , ��QG �' . ^ ; �,�3d ��• ,.� � `-�, ; i' � O � � � �s, . � �• ,4, rn�., .�,y� ,,,�f 1f�. �,) 1�� .� .,- ~� ��J . / /. �.; %'('� , �,,'�` � (!� �' �,` / '" �'+i. (�� • �,� '' y /%.�� • ��( �i ! :' J V � r' � � � . �/t �..�•' '.'� �` • ^^ �� ' ` • l... / � ' , �d t i f :.. ,�� ' 1 � �, « '' �, • • i . � :V.�•, � v ! l �� , . �.r�'� � :r � 1; � � `�. . :�}' .. '�� .� •i ..�r�"� 1 � „� 1� �.J i�� t .� //1� I� � . � , . j .k� � _�..� �. ��,r u � }�� > (Y. ,.w a �� ,'�_ �. ��; ; � �� "` N D _ � �� ,...,,. � ; ;. .. . :,� q �.:. �'� — . �i.,..�'1.,►��. �..�..�.� � G'�,�a� `��„Q,�,) .,.�. �a �A.,,�'� �� .�.,:.�,. .. � C�'T'�,.T ��' ��'�,��" SP #75-02 4lyman Smith, Attorney for W. R. Stephens, Jr. to permit ~ sale of new and used cars. . � ��t, �li e�oiv//c/ w;//� l/�� 3nu//i jin- af � 4�f� ��L �i /� �IV�4 N 1/.e 5!% n�'.irY.. .i ( `� �`�C��`j.J ! 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"�'' v �-L �- ' t- < `� " �� . \ +�. �f '��l . X_� \ � -_ . ? . O . '�; �� • �`,y I \ _'O \ \ \�`� J� ` • � \ U �C~i `` � J ` .._� � � \\` ,\\ � � � � f. y ; `" .\ `� \ fr p• v� � . r : -�� ` � �y � \ . ��:� "�-_ � \ �0 4 � ., � �� \\ 3 3 � 1- / / � \ \ � � n ;. \ FD , � � � \ � �!a�. �� -�y � r �o � '� _ / o��, � � M1,.,� . .� �-_ � — d�' � ., � � ��9. �? �, � � ' �..,�rrn9s S�c`wn az oSSUmCc� . t�` , / "',rh . FD n`f � _� /'!B a� � �'' c,o �' -�-7 _�--�_ ��Q /' f,'�� _ � Mo ` nr WAY N.L=. M" — • _, / ,� • - �� „� _ 20�.<D � r�,. "� �i'ES7' M llj�a•!i��rr. `�.� ' �.�-.._� �l�% %ti i i: i: .)' \ 41� \ �'� . • . ' ��i�It.� � �^ � �� ' \ /., ' /"1L��.�% i / � .'�� \ t� . \ � `� � � /' /' � . _'![ :'! f ('nJ! � r;�i.r..'�•.l�'�J , C �l/�l,. � ' • - � i .. � . • . 4 �w .. � �nw oF�icr_s y-� �li'A.ir��9 t9 V�r.�,�JLL C�L..11i.` B'J��1L/�� CHARtCFtt-:D 1l�ALNY�N� RIASFi.Vg��:G� CAS�I�T��.i.Y � N�`6VQUYST WYMAN SMITH �' LFONARD T. JUSTER HENRY H FEIK[MA ALVIN S. MALMON RONl�Ld L. Hl�SF:VI"iZ JAML:S F2. CASSERLY .-. CARL J. NEWQU IST ASSOCIATES MARK E. HAGGERTY ALLEN H. G tBAS "� IRVING JUSTER OF COUNSF_L March 12, 1975 �� SUITE 1250 E3UILQERS EXCHANGE (3UILDING MINNEAPOLIS, MINNFSOTA 55402 TELEPHONE 339-1481 SUBURF3AN OFFICE 6441 UNIVERSITY AV[NUE N.E. FRIDLEY. MINNESOTA 55432 TELEPHONG 560-6870 City of Fridl:.�y ^ 6431 University Avenue N.E. Fridley, Minnesota 55432 "' ATTENTION: Darrell Clark � Dear Darrell: I enclose the request for a special use permit for Mr. Stephens and our check for $25.00. Roland Benjamin of his office wi11 be fur- � nishing you with the oroposed layouts and artist drawings. Please set the hearing before the Planning Comniission on April 9th and hope- fully before the Council on April 21st. "" , • Yours truly, _ Wyman Smith WS/bk _ Enc. cc: W. R. Stephens, Jr. � � � ' �� . .� . � s 0 0 i�u��J �: .��i��T�/ZSXCTjJ�- ST3CE'i'S �: UT7LXTIGS S?iBCCi:i�1l'P'�'F��; 2�1: �`PIP?G ArRIL 5� 196a . �.,,�� PAGL� 1 The 'c•;eetiii� was c�aled to order at L�:35 ?sI�i. by Cliairm�n Jensen. RGLL C�LI�: — t•i��U:�S I'.?:s'S�'??dT: I;yhra, Jens�n, NaUel, Schmedeke 1•f�•��RS r_3Sc�JT: �lbrecht 0`1Ii?,RS � i T� S�'�i'.C: En�ineerin� l�ssistant Darre�. Clark ORD�R 0.� I!GLTfDA: � i7te Subccr�:i�t�o d�cidzd to t�ke t'r.� iterr,s �.n �he folJ.o:•riz1g ord.er: �=2, 3��: J.. 1. VACA.TTON Ri�tT':.ST: S�.V ;�'S8-Ol, HTnSCH F3�C�S. �'RO?rRT7:�S: V�:.cat� 30 foo't s�reet ly�n� So�:�h an3 adjacant �o 'Lh� I�o?'i,h :L''lr',c: o?� �ridlcy �;'ar'_�c Add� ;ion. Iir. Sch��den�::• qu�st�ior.ed ;:n� �h�r t�ae sh�uld rea'.�ce any d�cisien on the v�ca-�ion ur.til t�re knot� t•�hat tha zonin� trill be. Tt 1;*as d�c� d�d �that �he r�zon� n� a�:d �tl-.e v�.cati.on shou�d �e a packad� 4nd 'oe pu� to��cher so if o�e sl:ould fai7.� :it t-roul.d n:a:�� t�a� the o�;i��r �.�ald also fail. It ��ws no��d that the Cit;r Cou��1 did adout a resol.t�ii_on accen��ng th�3 iiiss:� ssip� 1 LJl/t P�i J and East Ri�er Road interseci::i��n. � I•:0'.i'ZOid by Na�cl� s�.cor.de3 b;� I�:yh�•a, ta reco;^.��n� to th:� �lann� n;; Cor��ri:�si��n . . 2ppro��a1 of S�V ;=53�Oi, s�abj�e�c t� f�he r��ning on the �ot��th 1�0 i'ae� oi Lots ? 2x,d 9, Atidi•�orTS Subdivis?on ;`23, and ad�.t�.;�nal ri�;h� of ��a� ot 10 :i'e�t . � alo;�� the �,or�h ed�� of ths P•i�.ssa.ssiopi a�ra�t ef te,:s �o;� fro�,� �a.s t Riv�� Fio2_d '- to River�eTa Tarrace. Upon a Voa.cs vote, there b��.no no nays, the :�otion ca�ried unanir:i�usly. � � 2. �'R0?0� �� n�.��:I,Ti-;T'?:� �Y ?I:�1T: �'. S. �68--�?_, P��RSOii t S ST_;CQI?rJ �DDT^IOid, S> G. �?r_i,:��G:� CO,, Ii�:CGi.:'�?�l�i'� �Y �� ".�':-�y 51 '�U:�LSGi;: I�?or�h of 77t}i i•;�y and :��st - } � of �'?.�t lti.��r Road�a�part of Sec. 37� � . ^. . ^ Leona•rd Sar�ualson t�ras pra ;ent to reprzs::nt tha �ra].i.»�i.nary ?lat of :'a�•son':� 2nd .1dcLtion. � • Mr. Sa�huelson �:as as!�c�d th� purpose �f Out�.o�., A, He ;�oin��:i o�.t t�at thcrV taas an a�ti.cioat�.on that B?rry Blo�re-r tcould be �cquiring th�s for• sone develon�ent. � ' T;r. Sc}�n��e�c� as?c�d s•rliat consi�er<<vion h��d bre» �;iven foi• ac��a �s to thfi cor��rcial p��o��rty i.o the �r`orth. I•ir. S�L-:�ielso:� ex�lained t'�� i,'ne� intend to place an enti•ance just :iortli of th� Ci•ce'�c, t,hen co:itinua .;or��i an�3 cont:act wi�th th� straet o��ning onto 7�th'.�'�y. 1[e point�d out t)iat t`�ef nlan fii�Ja p�i.nts of access ont;o 77th :•Tay and one onto i:a:;t River Ro1d cent:3� ed in tha �o� �ino bet��reen Lots 1. and 2. � � �� .. . . � � . . . fFu Pl�t� �C Sub�. - Str. & Ut.il. SiiUco:r.�u.ttee -- /tpril 5, �963 `:` �.��o ?_ -- - - _......._._ ....__ .�. -..:..... �t ��a.^, pointed ouf, that sor�� o:' the dr:u.na�e and uti.l:� �t;' 'C15PT�nts had beeil or.iitt�.d trliicli sou].:t b-� inc�.uded. � lraffic �en��i•atar� ��,�ra n:anti�n�d, hoc•:�ver, perhaps �re cannot eli:ninate, tho pro'ol�ra an1 :nus� accept it as it 5,s. � . t�lOTIv^�� bf i�i��hra, secanded b;� 21a�e1, �hat the Preli�nina�y �? �t, n. S. ;` 63--02, _ , �'earson+s 2r.d Addition, bt�� a��rove� subject to ease=.nen�'.,s shocr� on the� Ilorth ).ine 20 fee� i.n :-ridth alond the I�;or�'� li.ne o° Ou�].o� A, and 10 feet ease:n-�nt a z].on� �he l•'e�t and South lina o� Out�ot A. Also the zii:ir�nind of -�he e�.�:�,r.ent alo,�� the ?lorth lir,e of Lo+,. 2 so that it 3.nclucles the culv�rt unae: '�as� I�iv�r " Roa3. . Upo�i a vaice vo�o, th�re bein� �o nays, the motion car�i�d unani,r,ousl�. .. �� 3• CQ�aTI��Ur� LOT S?LIT R��tTr�3T: L, S, %'68��3�_JOSi�.:�� 7IL!1 �: Lo�'�s 6 thru 9� Ble�?t 27a Hyde !��.'lK l�ddi�tion. "-'�"'°""� ... • 1•ix'. ?iza:� �as present to inquire a�out tha. lccat�on a.� th� v�catza 57; A:'e:�u�. Ne was sho::*zi. �n the hal.f s�ct�o� �he loc; tion �� tne vacat��d s�raet. Ther� _ ��as sor:�� discussion about the upco_�.ing zonin� sL-udy fo� this naxi, of t}�e C:i��T� n�.me.ly bound by 51s+, �tier,ue on �he i�orth, and In��:st�,t� 69l� on the Sou-�h be�;�r�en University Ava_nu� and i•iain S�x�ee�t. '". 2�1r. Ziza'�c ex,�lair,ed �r,a� h� t��n��d h?s lard �.eft �ne r:ay it. noa c:xi.sts. H� �rz:��^, on1.y to build t�.,o fa:�.;.1� d:�r�llir.��. -� I�ir. Jen��n e:{;�laire3 to iir.. Ziz�'s t'Q�'.`v hG S!lbila.d }la�e �, purci��,�. �.,ree:�_�n� dra;�n u� for the pez tion he t•;ants, th�ii re�urn to this s�.bcorzr,li.tt;e.�� — I�DJOJ�??��i?rlT: -�--�- . The i•i�e t� n� r;d j ot�rned at 6: 00 �',:�i. Resp�ctf ally sabc�, t ��, ..., �` �., ,, . `-__...-i t ,_ °`y �`- [ �•-�1`� ✓ "" Darrel Clark, E1i;in��erin� Assi�tan� Acting Szcrc; �.�a.y ._ ^ • ' ^ � .� , y 0 • • ' �� I �,„. .. � r � v . . . ., . . . _ . , �l'/us' t��,nxr�rnc; n;�n zonl�c roi;�a �'YPIs OF !2L•Qursr NUNI31:ly��j�fs'n� NORTIi SL]BURBAN HnSPITAL DISTRICT � � Rezonin� AY['Lr(:1N'1''S SIG:vP�111Ki: By: -- --------- IL-s ,Chairman a ,�D ��n�,f"£x� ��. ��' Special Usc Pcrmit Adclrr.ss C�, '!'- Tcicphonc N�imhcr 786-2200 Pi:UI'lilt"1'Y Ol1'�[ilt' S SI:GV,1"1'ill:l; . /1(IC3]'CSS �. Tcic��hunc Numhcr �� Strcet I.ocation of 1'roi�crty � �rrl'pva 1 Of PI'Cilllll- `—� inary. f, I�inal 1'lat X SLrect:s or �llcy -"� Vacatio�zs Ol:}1C2 Feewaivedi�ecei}�t. �o. I.egal IiCSCI'lj)i.1011 of Property 76th Avenue T1,F. Tast of 5th StrePt- PT.T'. - Prescnt Zonin� Classific� tion Existi_ng Use of PropeY•ty unimnrovecl st��t Aca�e.�F;c of I'xoperty Descril�e l�ricfly the pro��osecl zon�ng classi.fic1�ioi; ^ or t.ypc of u5e anct �_mpr�vement l�a•oposed vacation of described street _ ,(.� Z�f',.�',� '-%Y°✓�-! �(vC/i �>u-,.��c.� %%,G� .�.�.��.�� T- �j!�-�-�� /%�:�,>r.�-� ��.-�_ ` , / /J � . ` � �"� �� , � "�/, �� ` — �„� �i.�C-�(�-`-r+'1 (/L�i .._.� :��ilfv . L.� .•Cca �' �''C �- �• `. .� � � `. Ilas thc present ap��licant previously sought to rezone, pl;zt, obtain a lot spli.ti or varitince or sl�ccial. use permi.t on the suliject site or part o_r it:? yes X no. 1�7iat tacis requcstcd and �+�1C11� ---- 1'he u»dersin�led tinderstcinc3s thzt: (a) a list of all resi.dents and o�+mers of propci•ty �rit�ltiin ��11 !'�et �350 fcet. for rc�:o�iiTlni mtlst bc attac.hc�l to t}lis �ij�j�11C�1lOIl. (1�) '1'liis apl�l�.cati��n rau�t. be signed by all ol,ners of the l�ro��crt}', or an exi�la»�tion "` �i�,cs> >;hy thi� :is noY. thc c,isc. (c) Rcs1�onsibili.ty for any defcct in thc ��roccecii.n<< rr.sulti»g f��om i.hc fciilurc to list the n<v±�c.s anci aciclresscs ot all. resicicntis an�l ��rol�crty oti+�ncrs of pro��crty in qucstion, bcl.unf�s to Lhc llI1JC1S1�11CC�. A�:�;etcl� oS' prvi�osed }�ro}�ct•t�y a:�d structt�rc miist bc d�•.iwn ai�d ai:tr►chcc3, .shoa�in� tlic follo��nF: 1. t�brth nirccl-ion. 2. Loeat:on �f }�ro}�oscd structurc on ihc lot. 3. Ilimrnsi�ns ol' i�rc�i�crty, ��rc�no,c:d strur.turc, ancl froni. a»u si�]c sctbzc:ks. ^ 4. Strect N.imcs. S. l.ocati.c�n ancl usc of acijaccnt exi.stin�; l�tulclin�s �tJl'C}llll �00 fcct) . _ .�„ ^ ._ '1'}�e uncicrsi�ncd hcrchy cicclares.th:zt a]1 thc facts and representritions sLated in this al,l,lir.:�r.ion ;�rc truc and carrcct-. i � nn•rr: '� �r,,�•5' �`�'1ti slcyn•ruiiE: r�____.;. � _ (AI'1'1.ICA\'I')NORT i SUIIURBAN FiOSPITAL DISTRICT By Its_�hairman � �� J� Dalc l�ilcd �_� %� ��_ I)at:c of licr�rin�; — --' C2ant�in�; Commis�ic�n Ay�i�rorcd (datc�) Uanic�l City Cou�tci l A��I�rovccl� (datcs) llct�ic�J . • ,�.,,,.,�,� _ ��' ,. "*„"'"q_. . : • .. • r. • � . .` , t,• : � • .. v �� , � ' ' . • • . . . � ; � . .. .. ��"'� ' � . ' -.. .._.�' ' ' . : _ • . �.1�...� r� _y I . ._. � . • : ' . 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A\/C AtL':: o. !' s.i �.Sl� �fi� `% .�' '...+5., . • „�.,.�. � ^ F�q �n ,�. /�, J�'Pq �.',V'� � � � ef �r� ,� 6/'?' Ci t'I "i;"_'A / T w`� !., .t'i �� ti,•� /'I fi � '9� . . '�, f,�� (�,.,��,. A, . � !��' ,c r ,fi�� id ,Gr.,r �!r! w ' � c`�' .[.; ti-.� �� s.'G"..�G• '69 i.:�' � � �-; �� „ � Mr. & I�irs . Carl Gal:�ri el �:> �� 401 7Gth l�venue tv.E. '� Fri dl ey, Pii nnesota 55432 «, April 18, 1975 ^ � Re: Vacation of 7Gth Avenue N.E. SAV ��75-01 N ' C�Y ' u; Dear P�r. & Mrs . Gabri el : � ^ �i The f'1anning Com�nission is cansideraf'ng a rec�uest by the North ;;.; SuburLan E�os��ita1 Qoarci ta vacate 76th Avenue N.E. j � - � =� /�ll the property on the north side of 7Gth is o�timed by the Pvorth . �b `- SuburF�an I�ospital 6oard except for Lo� 'l, �lock 1, Osborne Manor n. �a� Addition, whicl� i� your �roperty. Rs this vacation ��aill add 50 �Feet � �i to your present �foi:, i;he P1ar�ni2�g Cominiss�ion �ti�ould ap�i�eciaie it if i°v you could appear ai. �:his in-r=orn;al hearinc� on April 23, 1975. Th� "� Planning Cemmission meetinc� s�arts� at �:0� P.P�1. a�id is held in f:i�e t: " F.. Counci 1 Chan�ber at the Fri d1 ey Ci ty F�al l, 64�31 Uni vers i iy Avci�ue fy. E. ' L7 � If you are unable to attend 1;his meeting, would you please -- ir� contact Darrel C1 ��i:, 571-3��0, extensi c►� �1 . c� 0 � ua f. � � w � Q ... . :M • r G� � �iJ ^ _ �_ � ,- M V' � W . p � . IL! f" � � U1 U U � ~ U .-. .r Thank You RTCHARD HARRIS Chai rman Planning Commission �1 ^�,+^+�r «,. � � , . �� .... . R .�,' � „_ M�1�90 'T0: Nasim 1�1. Q�zreshi, City Managcr MEr�O FROT1: Richard N. Sobiech, Public tVorks Director �" DATE: hlarch 12, 1975 SUI3JECT: Lease� Agreement with Unity l�ospital for Park — Land � Attached please find a lease agreement negotiated .- with Uility Hospital_ for. use of certain hospital property fox park pur.po.�s. This agreement was a result of.a stipu- lation to the approval of a Special Use Permit granted to _ the Hospital on Octobcr 15, 1973. The agreement basically allows the City to use the property.north of 75th Avenue • N.E. between Sth Street and Lyri.c Lane for the purposes of developi_ng a public park. (See attached map) The terms of the lease call for an original term of . 7 years, which term shall automatically continue until ^ termination by the Iiospital or the City of Fridley. Termiiiation of the lease after the expiration of the original term will he granted by at least a one year ^ written notice by either party. Tnitial negotiations on the part of the City ca2led for a loilger term lease �ait}i the possiUility of the City ^ � paying the special assessments against the leased property; however, due to legal commitments by Unity Hospital, pay- ment of the special assessments by the City could not be "' made; therefore the initial 7 year terrn with automatic rene��als �aas agreeci upon. with the idea that the City would not be obligated to pay anything to the I-Iospital. The -, ag'reement also i.ndicated that the Hospital will petition the City for vacation of 76th Avenue ancl that the City would waive the fee for the vacati.on procedure. The lease has .. been revieweci by thc City �lttor�ley, Fi�lance Director and the Parks and Recreation Director. It is reauested that the City Council consider �' approval of tlie lease agreeme�it at the I�leeting. oI March ' 17, 1975 and recommendation is made to authorize the City ,to execute thc agrcement and waive� the filing fce for the — vacation application. RNS/jm � �- . � �� . . . v °� \ .��..� � :' i a� �v � . x,r�s� �ci�:rr-t�ri�r a � b � �s . � , TIiT5 AG3ZEEMi:NT, Made and entered into this •�'� day oF � 7�� , 1975, by and between NORTH SUBURBAN HOSPITAL DISTRICT, .- a municipal corporation organized under and pursuant to the laws of the State of Minnesota, whose address is Unity Iiospit�al, ^ 550 Osborne Road, rridley, Minnesota 554�32 (here.inafter sametimes referred to as "Le�ssor"), and CZTY OF FRIDLEY, a P'iinnesota Municipal- ..o. . . ity, whose address is City Hall, 6431 University Av�nue, N. E., " Fridley, ��innesota 55432 (hereinafter sometimes referr�d to as ... . �. "Tenant"), 0 WITNESSETH TIiAT : In consideration'of one dollar and other good and valu- .., able consideration each to the other in hand paid and of the covenants and agreements to be perf��rmed by Tenant, the Lessor�does " hereby lease, let and�demise unto Tenant, and Tenant does hex�eby hire and take from the Lessor, the real property l.ocated in the .v City of Fridley, County of Anoka, State of Minnesota, legally �. described as: The South 175 feet as measured parall.el ,; to the north line of 75th I�venue N.�. of the followinq descxibed tract: . � • That part of the Northeast Quarter of the �' P' � Northwest Quar�er (N� 1/4 of NW 1/�) of Section 11, Township 30, Range 24, lying soui�herly of 7 Gtti Avenue N.�. as shown ^ on the plat of Osborne Manor Second � - Addition, casterly of 5th Street N.E. �. � • as now laid out and constructed and -- • northerly of 75th Avenue N.E, as now ' � . ' laid out and constructecl. Excepting . �rom the above descriUed traci: all that .., ..�_ . � . , . . . �' ') � , .-_ _. � � part of the Northeasi: �uar�ex o� tr'� Northwesi: Quarter lying in Melody Manor Second l�ddition ancl also that part of the Nort'.1�ast Quarter o� the Northwest 2uarter plat�ted in i:he plat of :Melody P�1anor S�cond Addiiion as Lyric Lane. Said lease shall be subject to the following terms, covenants and . .r conditions. � 1. Rental. The Tenant shall not be obl'igated to pay any _____.----- . — rental for the propert�� . .. 2. Term. The term of �this lease sha11 commEnce on the ^ date hereof and shall continue for the original term of seven years thereafter. This lease shal�. automatically continue after said original term has expired un�Lil terminated as hex�inaf_ter set forth. " Lessor and Tenant shall each have the right to terminate this lea�e • after �Lhe expiration of the original term hereof by giv9.ng at � least a one year written notice, at the addresses set forth above, ,.., of the intent of the tenant to so terminate and the effective date of such termination. In•the event that this lease is terminated, ^" the Tenant shall promptly vacate the leased premises and remove any and all equipment, facilities or personal property belonging ^ �to it.. Any termination of this l.ease sha11 �not impair or effect �- the indemnification provision contained in paragraph 5 hereof as � to accidents, events or.occurrences happening prior to the date ., oi termination. 3. Pur ose. The leased premises shall be used for the ., � purpose of developing a public park and for n�o other purpose. "" The Tenant shall develop, maini:ain and police the park at no ^ . expense to the Lessor, includine� expenses for street lighting and � ' water and sewer service. 1�11 facilii:ies and equipment�installed by the Tenant on the lea�ed premises shall be approved Uy the Parks , ..2.. � .. ' , � ' / 4� � �d Recxeation Director of_ the Cii:y oF Fridley, Minnesota, prior to a.i:s •install.ai:ion. Tenant wil7. a.nspect and maintain al]. iacil-- �Xties and equipment insi�alled on leas�d pr.emises. Tenant has the ^" right i:o post park signs on ieased premises. � � �� 9. Vacation of Part of 76th Av'enue N.E., Lessor shall promptly hereafter petition Tenani� for the vacation oL 76th Avenue N.E. east of 5th Street N.E. and Tenant shall vacate said portion ot said street and waive any fee �or said vacation. 5. Liability' Tenant sha11 in�demnif.y and hold Lessor r,,, harmless f.rom any and all claims and causes of action which may arise out o� the leased premises. In furtherance, but not in �" limitati.on of such indemnificatian, the Tenant sha11 obtain and �:. . maintain public liability insuranc� in amounts not less than $100,000 � . .for injuries or death to a single individual; $300,000 for injuries �� _. � or death as a result of one occurrence; and $50,.OQ0 for property damage, and shall name Lessor as an additional. p�rty insured on such policies. IN WITNESS �4HEREOF, the undersigned Lessor and Tenant have executed this agreemen�. as of the day and year first above .. �,,.��,��` ��t�'ra tten . ,,' �+ ' ' �' ' . �,� ',. . • � �,;� ��;Z'�thc'��Presence of: .;, '; ' 3 ', � � l--� �,, l :.� � ;,. �t �%��rtt�,�-"-C�f lC �` �iC��L� -1;,�;�.rr�.` �, �"°_: , � � � , ��'• t ' `. � • !: � % �; , t / Y GG4i-t-G'�—� �� '''' � ./�'"l'l� '� /��►{Il�., � � � � � � a NORTH SUBURIIAN HOSPITAL DISTRICT gy �,.(�':�f , �? �i,� -� �-5 Cin-�.M., % c•--. %lj.� �y ��r—�"�� tS /L �'/ f•,�y�•�n�.r--./ -•b CITY OF FRIDLLY IIy xi:s Mzyor xtS ('.i l: � T� 1;tn1�Cr ..3_ ' , ' 0 � � .. _. LOT SPLIT APPLICATjoN CITY OF FRIDLEY , , f .,� APPLICAN7.': ' � � _ / ,�' — A.n�tESS : r .��`D �c.�1`.� ^1d�� .5-.S`Y3 ` Street� City � �p Code TELEPHONE #_ 7�"L- S/ � 3 C'�l ' C 3,�� $ome Business PROPERTY OWNII3( S � � ��,1 ,- , � l �,o �_., ��c� Clifford J. Thoe 'Applicant'a Namt� Lot split � �i=o Date Filed; 6 3 71 Fee: $15.00Receia t � Cquncil Actions ��<:�Ir;, REMAIiKS : ` � ADDRESS� ES �_ $ ��r/�� Street City Zip CQde Street City �� Cod� TELEPHONE #(S) • Home Business Property Location on Street -; , or Exact Street Address (IF ANY) `��`�U �h�� 7.;�5"0 ��:,�1�r��_,�.�, Legal Deacription of Property: r1� . ^ % ,(,/ � 0 �- l �r ��•. � � ��F7 r� _ v / f'uJ / 1 �i >Z � � ��,t�t' �v3�,Gf�'� Reaeon for Lot Split: ��%,, �,� �f�!`l/'l��- .11 "l�l/(G rn .s��t?.5.�:':=�;4//• , � rv.i /� er �� ,..�c7r, c- 'r� .�7 ; i`i � ! C-��' VL / j, � C1%"Yi� �. .► �1 Area of Property � �Zoc'p sq ft. ,� �s ,`�J � �'� � zr.�.��f � y=� _- ,�"� �`,.."' /i0 ,�,G�Tf!`-� .1� .-i � � !�l 'P_1 _� if%:1 /� ., � i �` �'�'esent Zoziin� Clac� 0 The undersigned hereby declares that all the fac�a and repreaentations stated in this application are true and correct. -� .� /. � � � � DATE; � 7/ SIGNATURE C! f -L- ►,� d � B�II�OW FOR CITY USE ONLY � t�o:i� _ . � (Se�t reve�q� eid� /fo� additiax�,i ix�e►tr;z€��:�� I �LATS dc SIIBS: Date pf Cpnsideration - I Remarks: PLANNING COMMIISSION: Date of Consideration - ' Ramarkes CITY COUNCIL: Dste of Coneideratiax� � Rswsrk�a t • - .. �. .�. ,,... .� ...... _ i �"`q�._, e � � �// � , , , ,/ ," ^ ��-�'IZr�fv ?-�2�vru�/✓�-v--, � C� � ,' /i v � �� , � ��= . � � � � � � r ^ � � ., � �� c / � . , � ;� � .jjc �� ? 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J . ; , .f� �'^.1 + \d 4/ � f _ ;'�,�, '�.��'''�i`f .'/.' �.�� : . �,,l..if r•' , � �l . . . . . .. �1.,/ � , i' / t:t'.. f�; y. ! ,�' ` .r ' � , f ; � � r- _ . ��.�. r �� , :�r �r �.,�, ,.�� : ..f �. �`�' � ,.. � � � f I'rfY�'r �'� ,.r.� ��,�:,,�:'.;�'�,,��` �� .�. .. � _ � r �, , �� s , a � o �' ' . �' z ; J � � , g� . � 1., . � (. � � �~ � � w U �" �lats & Subs.-Str. & Util. Subcom. Mt .- June 16 1971 Pa e 4� � Mr. Meissner said he felt the purpose of the Subcommittee was one of fact " � finding, and the real action is taken at the Planning Commission and City Council level, therefore he made the following motion: .- MOTION by Meissner,.seconded by Pierce, that the P1ats & Subdivisions- Streets & Utilities 5ubcommittee send the proposed p1at, P.5. #71-02, Briardale, . by Miller Homes, Inc., being a repla•t of Lots 1, 2, 3, B1ock 3 and Outlots #1 ,� and #12, Cochran's Addition to the Planninq Commission without recommendation pointing out to the Plannirig Commission the problems of street grades, stree� dedi cati ons, storm and sanitary sewer are present as discussed in the Subcom.- 'mittee minutes and point out that five lots and one interiar lot do not meet.the "'' platting ordinance requirements. Upon a voice vote, Meissner and Schmedeke voting aye, Pierce, Crowder and En9dahl voting nay, the MOTION FAILED. — Mr. Crowder said the Subcommittee was there to serve a purpose. They have seen the site of the proposed plat. If they feel more facts caould be beneficial, ' that is what they should ask for. If they felt the facts are adequate, the „ members should base the decision on that. He would go along with Mr. Meissner but he would request that he reword the �otion so that it either spells out what we approve or disapprove. ^ Mr. Meissner said that his reasoning was it seemed to him their committee is more or less a fact finding one. There are a number of problems he would ' � like to clear up and a public hearing before the Planning Comanission is already ^ scheduled. Mr. Pierce said that Mr. Crowder's testimony made him change his mind. He .-. did not have any objections as far as the lot sizes go. He recognizes all the � other problems, but , basically, the lot sizes are O.K. if the problems can be solved. � MOTION b� Crowder, seconded by Engdahl, that the Plats & Subdivisions- Streets & Utilities Subcornmittee recammend approval of the preliminary p1at, P.S. #71-02 and Vacation #71-03, by Mi11er Homes involving Lots 1,' 2 and 3, "'' and Outlot #1 and �utlot #2, Cochran's Addition, based on satisfactory solu- tions to the following problems: Proposed grading in the Preliminary P1at ' raises unsolved questions regarding storm sewer, sanitary sewer, street .• dedications and possible condemnations of adjoining 1and; also pointing out five corner lots do not meet the minimum standards and one interior 1ot, Lot 9, B1ock 2, does not meet the ordinance standards but are acceptable as they stand ^, on the proposed p1at, Briardale, drawn by Suburban Engineering, Inc., May 1971. Upon a voice vote, Crowder, Engdahl and Pierce voting aye, Schmedeke voting . Nay, and Meissner abstaining, the motion carried. .., /� 1 � � r. r. .. 3. LOT SPLIT REQUEST: L.S. ��71-08, BY CLIFFQRI3 J. THOE: East Z25 feet of Lot 18, Block 2, Central View Manor. Mr. Thoe explained Lot 18 has 175 footage on Old Central Avenue and is 125 feet deep on 73rd Avenue and 73� Avenue. The residence is on the Southwest corner of the lot, and has a doubl� garage. He wants to split off the resi- dential area which is 70'x103' leaving the rest of the lot for the service station. The ,`.illing station �•rould have 175 feet along Central Avenue and 125 feet on 73'� Avenue. He left 55 feet on 73rd Avenue adjacent to the residential area for the station to give him enough parking. If the residential Iot would not come up to the City requirements, he would take the parking area from the station and bring it up to almost 9,000 square feet. The garage is �!!� ^ Elats & Suba. Str & Util Subcom Mt�. - June 16, 1971 �� Ya�e 5 at the Northeast corner of the 1ot adjacent to the filling station property F.nd ►- he drives into the garage from across the filling station property. His hous� � faces Central Avenue. The neighbor to the West has a fence about two feet iRCo his lot. ^ Mz. Clark said the property is zoned C-1, and being C-1 under the pre�ent ordinance, the lot does not meet the present code. The house has been there for � 22 years. Mr. Thoe said the fellow who is leasing the station now, wants to buy the land and would l.ike to buq the house, but can't swing both. � Mr. Crowder stated he felt uneasy about taking a commercial lot already too small to meet present requirements and splitting off part of it for a R-1 use. He felt that one day the entire parcel would be one co�nercial site. He � asked what the description would be like. Darrel Clark said it would be the South 103 feet and West 70 feet of the East 125 feet of Lot 18, Block 2, C�ntx��. ... View Manor for the residential Iot. Mr. Meissner wondered if the garage could be moved aad then split the �.o.�. Ae felt the request was somewhat questionable as to.the feasibility of this .. split. Mr. Thoe said the station is 40'�60' and the station agent is going to put ,� in another pump. He has room to build out to the back. Mr. Schmedeke ssid that if the property owner figures this is what he i� � going to do, he did not want to deny him this privilege. But Mr. Thoe aho�ld " have a way into th� ciouble garage. • Mr. Clark said it mt�t be difficuit to get � mortgage on the house. tJ�th — the house in C-1 property, it is a non-conforming u�e. Mr. Crowder said he could not see, basically, creatin� two lots �ahich �re eubstandard. The uae of this lot should be singular. Becauae of the znning, � ft would not meet co�ercial requirements. ' It was mentioaed he would go to the Board of Appeal� far a variance. 7�`he " petitioner has to prov� why he has to have the variance. The praperty to �h� North is light induatrial, to the E�t is cammercial and light industri�l �;o�aeh of 73rd Avenue, the lot to the West is co�erci�l and gurther West light ia�c�%as- r. trial snd to the South it is cam�ercial and light induatrial. • Mr. Crowder said he still did not think he was convinced iC would be a � good idea becauee, bq aplitting the lot, you would be creating too ��ny pro�l�. fle waa not certain that the entire lot migi�t be worth a lot more than two ��r� cels. Because it is zone�d commercial and creating a residential lot, he did not ' believ� it was in the beat interests of the City of Fridley. He asked if �r. ^ Thoe could look d little harder to get a buyer for the entire lot. Mc. Thoe eaid he had only one buqer. Se �as the lessee. There ia no c3iaacs .. to taik to someoae else, aa he haa a five pear lease and option. A8 far as sellia$ to someooe else, it wae out of the question. He �as told that if the lot xare split. th� taic�s on the tt+o garce2s Would bQ more tham on one. � � �� a� � ., .� �. .. .� r-. ... ..., ; �.. .. ... r-. .� ..� ... �4 Pa e 6 Rlats & Suhe.-Str. & Uti1. Suhcom. Mt .- June 16 1971 Chairman Schmedeke said he had mentioned it at the Planning Commissian level of which he is a member and ia looking out for the benefit of the City, but when a problem like thia comes up, the property awner comss first, th�n the neighbor, and then the Ci�ty. The City will be here long after we are gone, but these people will not and the neighbors will not. You ahoul.d look at the property through the eyes of the preaent awner. Mr. Crowder said he was more interested in the long rang� aspects of the corner. We are looking at it for today. Because of the City, we should be looking at it that way. Ghairman Schmedeke said that the Subcomsnittee is not asked to change the zoning. Eventually the property could be sold in a complete package regardless of the lot split. � Darrel Clark said Mr. Thoe would have to get an easement for sewer and water across the filling station property, as the house is served from ther� now. Mr. Crowder said he would like a motion to continue the lot split and request the petitioner to go back and con5ider moeing the lot line clo3er to the pumps, some thinking as to easement for sewer and water, some idea how to �et the driveway easement from the station out to 7� Avenue exit, to go back and put these thoughts on another piece of paper and come back. Mr. Thoe said he could change those lines naw. He could put in anything elee they might request. MOTION by Crawder, seconded by Meissner, that the Plats & Subdivisions- Streets & Utilities Subcornmittee continue �he lvt split request, L.S. #7Z-0� I�y Clifford J. Thoe. for t&s East 125 feet of Lot 18, BZock 2, Central View t�a.t�ar, until such time as the pet.i-�.ioner comes back with s drawing indicat�ng scsm� of the �hings the Subcominittee talked about such as easements relative to c�ater and sewer, placement of driveway, exact location where 1ot line wou3d be. Upan a voice vote, aI1 voting aye, the motion carried unanimously• 4. LaoP�ACxs: Continued until the next meeting. A�JOUPNMENT: 1�10TION by Pierce, seconded by Bngd�hl, thst the Subcaaemittee a�eting be adjourned at I0:05 P.M_ Upon a voice vote, a11 vot.ing aye, the mot�on carried ttnanimo�.sZy . Rea ectfully ubmi.tted C��x�: Haz 0'Brian Recordiag Secretary �� ,.. � .. .. S CITY OF FRIDLEY PLATS & SUBDIVISIONS- STR��TS & UTILITIES SUBCOrf�iITTEE r1EETING FEBRUARY 9, 197 2 �� : �, a 7:00 P.M. PAGE 1 The meeting was called to order by Chairman Schmedeke at 7:05 P.M. ROLL CALL: Members Present: Schmedeke, Meissner, Engdahl, French, Forster „� Members Absent: None Others Present: Darrel Clark, Engineering Assistant � l.. CONTINU�D LOT SPLIT REQUEST� L.S. ��71-08, BY CLIFFORD THOE: East 125 feet �� /' of Lot Z8, Block 2, Central View Manor. �. � ... Mr. Cliffo,-d Thoe was present. � Chairman Schmedeke explained that Mr. Thoe had been before the Subcommittee on 3une 16, 1971. This request reminded him of a similar situation in his own exper- ience. The City Manager, at the time he was going to build on his three lots, suggested the home be put on the Northwest corner of the three lots. Afterwards he wished that he had put the building where he wanted to instead of taking advice. 'He felt this could be a similar situation. The Subcommittee knows that this parcel does not meet the area requirements of a C-1 district even before splitting, it has only 22,000 square feet. ... � Mr. Thoe said that he was informed he would have to retain an easement for sewer and water to serve the house; however, the seG?er is in the street and he is — hooked up to the sewer. The water he gets from the station. He used to have a we11 that supplied both the house and station. When water came through, he hooked up to the service station. He has been paying the water bill for both the station ,_,, �and the house. ... .. .. � Mr. Schmedeke said that if the split went through, Mr. Thoe would probably want to have a separate hookup for the home. Mr. Clark said he did not think it would be harcl to get a water easement alono the Western side of the service st�tion up to 7312 Avenue. He would mention that Mr. Thoe caould have to get a certificate of survey for the exact location of the house and service station. However, as it is expensive to get a certificate of survey, the Planning Commission may not require it until the Council makes a decision. . Mr. Meissner said the driveway was discussed, but not solved. He asked PIr. Thoe how wide a driveway was he anticipating and how much room did he actually , have? Mr. Thoe answered that the house is 24 f.eet from ttie East line and he would ^ have.a 10 foot wide driveway. The driveway could also be put on the [Jest side ' of the house. The people who used to live in the house drove out that way. It r-. ... � r. .� .. �, .. � i ' 8� Pa e 2 IPlats & Subs-Str• & Uti.l. Mt .- Febr.uar 9 1972 was just a matter of moving the fence. After the exact location of the lot line was determined, tihe fence could be replaced. Regarding the address, Mr. Thoe said there were two mail bohes outside of the �filling station no��. The house would have a 73re1 Avenue address and the filling station Central Avenue. Mr. Schmedeke said consideration should be given that Mr. Thoe is the fee owner and the application for the lot spli_t is the way he wants to go. He felt � that Mr. Th oe should keep a 10 foot easement on the West side of the station for water. � Mr. Clark summarized the comments as follows: A 10 foot easement should be retained either on the Southerly part of the property or the Westerly part. The size of the lot would be approximately 70'x100'. ( MOTION by Meissner, seconded by French, that the P1ats & Subdivisions-Streets & ^" Utilities Subcomnu.ttee recommend approval fo the Planning Commiss.ion of the Lot 5p1it Request, L.5. #71-08, by Clifford Thoe, in accordance with the latest drawing, dated February 4, 1972, presented this evening in the Ag�nda creating a residential —+� .. lot approximately 70`x100' with the recommendation that the owner retain an ease- ment for water access either to 73% Avenue or Central Avenue at his discretion � and that he be required to get a survey prior to final approval because the house .-. and station are going to be close to the new 1ot 1ine. Upon a voice vote, a11 •' voting aye, the motion carried unanimously. Mr. Thoe was informed that the Planning Commission would hear his reques't at � the March 8, 1972 meeting. `� �• 2. REQITEST FOR5AfeetAofpthe West�erlyol5 feetoof�Lot• S�,AB1ock.l,TSwanstromtse . Easterly 4 Court Addition. � Copies of the letter sent to Mr. Laurent on February, 1, 1972 written by the Engineering Department were given the members. The letter was in response to �. possib le vacation of a storm se4rer easement adjacent to Mr. Laurent s home. The existing easement was 15 feet wide with a 12 incli pipe placed on the cent�r. The pipe is between 6 and 6% feet deep. The Engineering Department and Pub li.c Works staff recommend that the top of the footing for the proposed garage would be at �" the same elevation as the bottom of the storm sewer.. Mr. French commented that the building would be roughly two feet from the ^ center of the pipe. If the gipe had to be dug up, the deep footing would prevent � the risk of the ground collapsin�. He could not see that he would have any objections. He felt the chance of having to dig up that pipe would be rather r.., sma11. Mr. Clark said that Mr. Laurent could talce bids or estimates to see if it would be a feasible thing to do. Normally, a reinforcement is not put in. This ~ request has been discussed with both Public Works and the rngineerin� staff. They felt there would be no troubl_e going doc,m to the pipe. Pr.obably just ttie portion o£ the easement next to the house nduis bourafeetdin diameternhol� is far enoughnd ^ behind the house is 22 feet away a .� ' �� r- " Plannin Commiasion Meetin - March 8 1972 PaRe 3 . directly under the building. Comstock & Davis recommended cast iron under the building. Now it is an ope� ditch draining the area over Loi e•andhgopNorth. half way in the lot, is already there. We will add to� �oea differenC place. � When the entire area is developed, the drainage may g � MOTION by Fitzpatrick, seconded by Zeglen, that the Public Hearing for �e Revision to the Special Use Permit, SP #71-09, by 5ocial Dynamics, to enlarge ^ the site to include the East 45 feet of Lofi 3, Block 1, Oak H.t11 Addition be closed. Upon a voice vote, a11 voting aye, the motion carried unanimously• MOTZON by 5chmedeke, seconded by Fitzpatrick, that the Planning Commission � roval to the City Cauncil of the vacation request, SAV #72'O1� by • reco�nd aPP between Blocks l and 2, Oak Hi11 Russell Iiedge to vacate Madison 5treet lying Addi�ion subject�to retaining the t�ortherly 10 feetline,ualdedicati � of the, � the 5outherly 25 feet for 5tandard Oi1 Co�mpany p pe . Wester.Iy 4 feet of Lat 1, B1ock 2 for the o1d existing watermain, dedication of the Southerly 6 feet of BZock 1 and the Southerly16 f�etri a voice�voteck�tll ��d ^ the dedicataon nf the Northerly 10 feet of Block po vr�ting aye, ti.� motion carried unartimously. �., MC1TIpN by Schmedeke, secanded by Zeglen, that the Plann3n9 Comma.ssion recomt�nd approva3 0.� th� Lot 5plit rec�u�st, L.S. #72-41, by Gerral G. Herrinqer to split Lot 3, B1ock 1� Oak Hi13 Addition in half subject to the City receiving a 10 foot easement on the North and a six f�ot easement on the '� South subject to the vacation of the street. Upon a voice vote, a11 vvt.��g ayer ' t.he motion carried unanimously. -- MOTION by Fitapatrick, seconded by Minish, that the Planning Comm.ission rec�o�nd to the Council approval of the Revision to the 5pecial Use Permit. SP #71-09. Social Dynamics to enlarge the site to inclade the Eaat 4S feet o� � Lot 3, Blcack 1, Oak H�1.i Addition to persnit construction and operation of a � day nursery and learning center per City Code 45.05I, 3-F. Upon a voice vate, aIl votzng aye, the motion.carried unanimously. � LOT SPLIT R�R�S'�• L.S. #�71-08, BY CLIFFORD 'I'iiOE: The East 125 feet of 5. ' '��;;^ Lot 1�, Block 2, Central Vf�w Manor. Owner wiehes to split off residence, •- � �, approximately 70'x10a', and sell balance of lot to service statiox� leasee. � ' Mr. Clifford Thoe w�s present. '�.., ( ! Mr. Schmedeke explained that this item was before the Subcommittee a caup�� ' of times. One time they sent it bsck. becauee of the hookup of the sewer Iine� ' About six months l�ter the request ag�in came before them� and the 5ubcomm:L�t�+� �'^ �� reco�nended approval. Mr. Schmedeke said the new size of the lot waa much ' emaller thau the City requirements. He peraonally felt that, inaemuch as thia " Was something that happened ia the past, and Mr. Thoe has a chance to sell the+ .—� co�aerci�l part of the property keeping the part his home ie built on. xhie �.e another example of the� reasoa for chan8ing the Zoning Ordinance 1ot requixe- � mente in courmer�cial areas. Fie also f elt the fee owner probably has the right ,,, Co do pretty much as he likes with his property. He thought that, at eawe ti�me in the future� very likely this property wil�, be before the Subcoma►1tt�e ' � WiCh a requeat for one parcel. � � � [�� _ � !i �-. i �. ( ... ' . .., ,... • � , -. ,.. � � .� �. � r• .-. � Px e 4 p lannin Commission Meetin - Msrch 8 1972 Chairman Erickson �aid that if Mr. 'i'ho�s sold the etatih�ve�theCexiaxing� chmedeke said, that w@ wo�eld continue Co a the fact, s►s Mr. S use of the property, that is, co�mercial property with a house an it. �� ha Commiesion did split the propgr�he communite would��rant thetnOto�doztbaC�� F��ce oi property. He did not think Y The Chairman coutinued that he did wish to help Mr. Thoe ar�d �1� pxp��R�* I£ the Conmiission did approve tha lat split, the City woul$ have Co t�av� aAtn�� kind of a�reement ehis muchp��aller thand�ny othezcp�eeio� p�opextYe�� land with the hou� Mr. Thoe sald he had been in this plac� ever since 1951. �e ask�d �.f there would be an objection to continui�g tha smaller paxce�. as a�esideri�e ov�x the yeara. What is the main objection? �e ba�s told that the �l�nt�in� Com�n�.s��.QT� has been working with th� Zoning Ordinance and the last change Was 25,OOA �quax� feet for C-1 and C-2. The 7,000 �quare feet is too small an area. kix'r �'k►�te said he �as put in this position when 73xd Avenue was paved. �ecaues �4� k��d to dedieate 33� feet for a road, he lo�� th�t much on the Soukh ��.s�e, • This could a�most be considered to be a hardship case cotacnented �i�'. ��hmedeka ao if the City could draw up an a�reeme�t w�ereby this homesite wc�uld '��Y�xt back to the statien, �here t�ou7.c1 be some groteciion. ' The Chairman �aid the taxes c�n he split, but not the a�aesamen�Q w��!�ufi � going through the City procedure for a lot split. It is poss�ble to put ��le awrtgage on the property, even if the traxes are not split, Mr. Thoe said the atation would be mortgaged separately. Chairman Erickson �aid he would �u�gest the CoBUUission fi�d au� tt►e a�a,s�e�� to the follawing items before they rule on it: �) Whether or not the City could impose any r�atrictions on the usa o� 'Gh� property so that they would not be forced to grant a lot s�].it. 2) If the division were made, would the taxes be divided? 3) Would assessments be divided? ' � Mr. Schmedeke would like to s�e a covenant on the home Xh�� Mx. ThQS �W�� 8q tha� it would cJ.ear the City if , in the future, saweone st�ou�.d w�nt '�c� ust Chac small piece for a comm�rcial use. MOTION by Minish, seconded by Schmedeke, that the Planri3ng Comm.�ssiol� �b.�� i tlae Lot Sp1it request, L.S. �71-�8, by CZigford Thoe to split thc��East 1.�� P�� pf Lot 18, Block 2, Centxal View Manor by splitting off the residenca• il,pvrd 1 t p p�o�ce vote, a11 vot�ng aye, the motion carried unan�mously. � l �+^�' ¢. VACATION &EQUEST: SAV #72-03, BY JOSEPIi A. LAURENTi Vacata ths �awtAx'1y l�.5 feet of the Westerly 15 feet of I.ot 5� Block l, S�at��raul�a GQUSt �4 to build a two car garage. M,x. Laurent was present. � _�. 'i.�. � � � � � ��; �; � �r°�, �.: 1' � �: `� �; ..�-l�� t :� Virgil C. Herrick City Attorney 6279 University Avenue N.E. Fridley, Minn. 55432 I�ar Mr. Herrick: • �/ ' � I(- ��,'�li - ' . � �� £39 < <- Maxch 14, 1972 At the Plannin� Commission meet3ng of Piarch $, 1972, the Co�mnission requesCed your opinion on the follawing itesns: The PZanning Co�issian has a lot split xequest before it. The property in question is zoned commercial and has a single �ar�ilp home Iocated on one portion and ��as station on the other. The peCitioner is requesting a lot split so that he c�.n sell o£f the gas �tation portion and continue to liv� in his house. The Planning Cor�unissian's dilemna is how to grant the request without creating a difficu1C situation for the City b� allowing two substandard loCs, with the Commission`s greatest concern bei.ng the snalZer praposed singl.e family parcel. Thereiore, can the request that �.n agreement be made Chat "'�'� 7 would restrict the use of the parcal where the single farni.lp home �� ex3.sts to that af a single family home withouC rezoning this p�rcel, and allow for its use as cor.miercial only when combined with the — orf�tnal or a sufficient aize parcel to �eet our ardinances. The Plannin�; Commission would appreciate a reply before „� their Pdarch 22nd meeting. .. .-• � PJH:ob � � Thank pou for your cooperation. �� Yours very truly ,�-., .,. %� , � / PETER J. Ii�RLO'�SKY �lanning Assistant"� . �„+� � � � ^ .� ... � •-, ... � .-, ..� .-. ^., � . LAW OfFICES , WEAVER, TALLE & HERRICK CHARLES R.WEAVER HERMAN L.TALLE YIR61L C.HERRICK ROBERT MUNNS JAMES D. GtBBS FREDERICK W.KEISER,JR. PATRICK J. ROCHE,JR. Mr. Peter J. Herlofsky, Planning Assistant City of Fridley 6431 Universi ty Avenue N.E. Fridley, Minnesota 55421 Dear Mr. Herlofsky: March 22, 1972 � 316 EAST MAIN STREET ANOKA, MINNESOTA 55303 421'5413 B279 UNIVERSITV AVENUE N,E. FRIDLEY, MINNESOTA 55432 560-3850 FIRST STATE BANK BUILDING COON RAPIDS,MINN.55433 755-1330 L.S. 4�71.-08: Clifford Thoe E. 125 ft. of L. 18, Bl. 2, Central View Manor. I acknowZedge re�eipt of your letter of March 14, 1972, wherein the Planning Commission requests an opinion concerning a certain Iot split. In �our letter, you indicated that a property owner owns properiy presently zoned commercial. On this property is a gasoline service stat?on ard a residence. The owner desires to se11 the service station but maintain his residence in the house. You ask whether the city can sp.Iit the lot and yet maintain some control over the use of the property presently having the single family residence. ° I believe that the city and the property owner can enter into an agreement whereby the use of that portion of the 1ot be Iimited to a single family home, or in the alternative, that if it is to be sold that it must be sold in conjunction with the adjoining property containing the service station. This would be a mutual agreement, the consideration for which would be the granting of the 1ot split. A similar type agreement was entered into between the city and the deve3opers of Holida� North. You may wish to examine that agreement. Perhaps a better alternative would be to have the property owner. explore the possibility of selling the entir.e tract to the prospective buyer of the service station, with a provision in the sale that he may continue to live in the single famiZy home for an agreed upon Zength of time and at with our without additional consideration, depending on the negotiation between the land owner and the prospective purchaser of the service station. If the rental course was followed, the city would not need tv sp3it the 1ot and the problems that you refer to would be avoided. .. � VCH/j1h .., .r Since 1y, [� ` J---r-� • / � ti �: U +�i__./�-r-�-�� Virgil C. Nerrick ... - 91 .. pI,gNNING COMMISSION MEETING MARCH 22, 1972 PAGE 1 r. Th� meeting was called to order by Chairman Erickson at 8:05 P.M• '�" ROLL CALL : Members Present: Zeglen, Erickson, Fitzpatrick, Schmedeke -- Members Absent: Minish Others Present: Peter Herlofsky, Planning Assistant � A,ppRpVE pLANNING COMMZSSION MINUTES: MARCH 8 1972 • The follawing correction by Chairman Erickson was made: Page 4, Item 1 in the center of the page should read: "Whether or not the City could impose ^ any restrictions on,the use of the property so that they would not be forced to grant a permit for an additional commercial use if the lot split were granted." ^ MOTION by Schmedeke, seconded by Fitzpatrick, that the Planning Commission minutes of March 8, 1972 be approved as corrected above. Upon a voice vote, „� aI1 votinq aye, the motion carried unanimously. RECEIVE 1'ARKS AND RECREATION COMMISSION MINUTES: EEBRUARY 28 1972 ^ MOTION by Fitzpatrick, seconded by Schmedeke, that the Planning Commission receive the minutes of the Parks and Recreation Commission meeting of _ Febrilary 28, 1972. Upon a voice vote, a11 voting aye, the motion carried .- unanimously. , RECEIVE BOARD OF APPEALS MINUTES: MA.RCH 14 1972 � � MOTION by Zeglen, seconded by Fitzealslmeetingtof Marchnl4ngI972�.�SUpon receive the minutes of the Board of App '-- a voice vote, a11 voting aye� the motion carried unanimously � .� .. r. � � 'j� 1. CONTINUED• LOT SPLIT REQUEST, L.S. �I�1-08� BY CLIFFORD THOE: The �ast � 125 feet of Lot 18, Block 2, Central View Manor. The owner wishes.to i split of£ his residence, approximately 70'xZ00' and sell balance of lot � to service station lessee. Mr. Clifford Thoe was present. The letter f� �m the City Attorney dated March 22, 1972 in answer to a requeat concernin; this lot split was read by Peter Herlofeky. Mentlon was �aade of an Agreeme.�t used in Holiday Village North which showed haw an agres- meut could be written. Tha assesements against the property wera $2,512.99. Mx. Thoe was inforaned that the aseesements could not be split unleas thera was a lat s�lit. i �� ! i � � � �.. � , Commission IYleet The Chairman ex certain agreements c must be sold with th was to sell the enti home. Chairman Ericks lessee has a five ye mortgage. Mr. Thoe asked Chairmant Eric if he did not come drop the request. MOTION by Sch table for �0 days the East 125 feet residence, approYi within that length Zot split reguest motion carried una - March 22, 1972 2 lained that the City Attor�ey felt, in his opinion, that n be entered into so that if the property was sold, it adjacent property. He suggested anotiher alternative e property with the provision that Mr. Thoe live in the n asked abouC the terms of the saZe. Mr. Thoe said the r lease with the option to renew, and he has a small he could keep the request open. n said the item could be continued for 90 days,�and then ck within 90 days, the Comnnission could act to deny ar eke, seconded by Zeglen, that the Plannjnq Commission Lot Sp1it Request, L.S. #71-08, by CZifford Thoe fox' Lot 18, BZock 2, Central View Manor splitting off the elg 70'x100', and if Mr. Thoe has not been heard fxom time, the Planninq Commission will dispose of the they see fit. Upon a voice vote, aZ1 votir�g aye, tho iously. 2. TAX FORFEIT P PERTY IN FRIDT.EY: DISCUSSION WITH MIKE 0� COMMISSIONER. ^ Mr. 0'Bannon a d the Planning Commissivn discussed the\tax �ox'��j.� �-a�s from a list and map prepared by Mr. 0'Bannon. This was an inforutative d�sr .., � cussion requiring n action. 3. COMMERCIAL ZON NG .REVIEW MATERIAL: C-1 and C-2, C-�.S �nd G2S. P�'apctsed Ordinance Amen ing Section 45.103 Relating to the Lot Axea ��d �qG W�d��► --� Requirements f r C-1, C-1S, C-2 and C-2S. � � ,.-, ., r- ., Mr. Herlofsky xplained that an amendment to the Zonix�� Q�'di.nance �eqt��.xed ' a public hearing be ore the Planning Coumqission and the Counc�l. �C w�u�d b� ' possible to set the date for the 19th of Apri1 and because few peop�.s �.ocak �G , the public notices, the suggestion was tnade to get the annOU�1Ge=netlC oq th� front page of the S n. , MOTION by Sch the public hearing xelating to the 10 changinq the 1ot a change the Iot wid aye, the motion ca 4. HaJ.f of the platted as sold to Dr. apartments. deke, seconded by Zeglen, that the plaru�inq Commi�s�tQ� se� ate of Apxi1 19, 197Z for the amendment to Section 85,.1Q� area and lot width requixements for C-.I, C-IS, C�2, C-�2S a from 25,000 square feet �0 2Q,OOQ squaTe Pea�� dnd i grom 200 feet to 16Q .�eet. Upon � vo�ce VQ��, �� vp��n9 �ied unanimously. � � OF RE20NING REQUEST, ZOA �172-03, BY WALL CORP.: The ��st ;t Half af Che Southwest Quarter of Secti.on 1�4, axcept paxt and lat Addition and Upland 2nd Addition and except parC azone, Co be rezoned fram R-1 to R-3 fpx �awnhauaea artd 0 Ju�� 3a, z��2 Mr. Clifford J. Thoe 7240 Central Avenuc .E. �riaz�y, r��. 55432 Re: Lat Spl.it Rec�uest, L.S. 4t71-08 Dear Mr. Thae: Your Lot Sp it rec�uesC �ras continuec� on March 22, 1972 for 90 days wiCh the proviz�ion Chat you be �iven time to consider eithez entering int, a binding; ap,reement with the City that the hone lot could ortly e sold to the sta�iQn o��er and that the house could only be �ed for residen�tial use or that you could drop the Lot S�1iC equest and se12. tha enCire piece ta the staCion owrner. I�m plac3 � this item on the �'lanning Corm►ission Ju1y 19th agenda for their co sideration. 4tould you lease plan to attend this meeting°so th� matter can be completed. DC:ab ��oure rvery truly �.._.,i ;; 9 /'. ��c.}�� t' \ A1 ��1..�+ �'S`� �� Engineering Asaistant . . �� ... - � . r.. � � � .... .� .. �. . ... t � � plannin Commission Meet - Ju1 19 19;2 Pae8 MOTION by Minish, s conded by Zeylc�n. that the Planning Cortu�sS.�Q� �'eCp�e�c� approval to Council of t Sp1 it, i,.S. N��'-05, by Lauren Borr3 of S�R� �Qf ��p�� S�xing Va11ey Addit.ion t be 5't.' i. r. 3s f; i��ws: Lots 3 and 4 be shoWn as %� �C�� ,Iots with a provision t t 34 fe�t be dr....'�ated for a street on t.hg �as� S�t�� 4� t,p� 4 and approval for a futur� 1ot spl_�t on Lots 1 and 2 only if xe�Ox�ed �a R'�� Upon a voice vote, all v tinq aye, the morion carried unanimously, Chairman Erickson i formed Mr. Born that what this did wa� Co gi.Y� kt�� 8ex'" tuission to go aheaZpnin eit'would belbySa separatesrequest�f �h�.s�pXC?ced� e desired Go chang 8. talses three or four mont s. 7, IAT SPLIT Moore Lake Hi�h T: L.S. ��72-06. B'� MRS. MARI4N JOHIdSON: I.ot �., ��Gt�� e an s. To gain one additional building sit�. This item was still� in Subcommittee. No actian. �. FINAL PL�'�►N APPRlJV FOR PHASE I i�+ LfiIi'� Ut�DItAtZINIUM BY VIEWCON� Condg� ininium portion of otal multiple unit cotriplex on part of Ou��A� �� I�ilSb�uG� North being 16U0 B ack. � Mr. James London w s present representing the petitionez. P'tr. �ctn�iq�} �Q�-�t�� eu� thexe «ere four les units on this plan, but the basic p�.an was �Q� �ha?��e�R �y the omission of the our units the parkin� area was increased. '�k�� g��a&eg W��e moved back 10 feet from the road. In order to get the 2'� p��'ici.�g SC�� p�� yn�.�, there are 9 p rking stalls per quad with four stal�.� i�} ��ag�� Ix, Schmadeke left the meeting at 10:25 P.M. ,FfOTZON by Minish, econded by Zeglen.Vie�►eon elnca of thepZ�un�[��ti�d�'�� approval of the Fina1 an for Phase I by . �.inium portion of the ta1 multiple unit co�plex on part of Outlpt �� a?�s� ��k North. Upon a v'ce vote, a1.I voting aye, the notion ga��ie�i �I�7��I��:��_ � ppNTINUED FROM �fA.�C�i 22 1972 MEETI�?G: LOT SPT�IT RL UEST T..�. �71-08 �Y ge ' CLIFr�'(?RD H. THO�: Lnt ::.3, Blocle 2, C�ntral Vi��,a Manor (East 12� f�� Sex'vice staticn 1 ssee wis�:es �o purchase busin.ese par� 4� ��4�1�r��'� ��Y�� Cation owner wis es to retaia x�si_d�nce for his home. fetitioner withdr hia request. �,Q� STUDY OF 40 ��OOT TS IN FP•IDLEY: Tabled to August 9, 1�7Z P��t�R ' �,1. PIANNiNG wi�"x�u.s pLAN: Tabled to . AAJOU�N�NT � Chairman Ericka b;AFT OF PROPOSEI3 C;(9Mi t 23, 1972 �neeting. . adjourned the meeting at 10:40 P.M. R�epectfully submitted � . xa� B��.a.r._ Recording Secretary . �