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PL 05/05/1976 - 65844` l:. �: .:�. � PLANNING COMPIISSION MEETING CALL TO ORDER: ROLI CALL: CITY OF FRIDLEY AGENdA MAY 5, 1976 ti Y. � APPROVE PLANNING COMMISSION MINUTE3: APRIL 21, 1976 RECEIVE ENVIRONMENTAL QUALITY COMMISSION MINUTES: APRIL 20, 1976 RECEIVE PARKS & RECREATION COMMISSION MTNUTES: APRIL 26, 1976 RECEIVE APPEALS CQN�IISSION MINUTES: APRIL 27, 7976 1. PUBLIC HEARING: REZONING REQUEST, ZOA #76-02, BY ROSERT D. DEGARDNER: Rezone the South 150 feet, front and rear o 1o�9,-and the West 47 feet of the South 120 feet of Lot 10, Auditor's Subdivision No. 88, fran R-3A (apartment and multiple dwellings district} to CR-7 (general office and limited trusinesses), the same being 6431 Highway #b5 N.E. 2. PUBLIC HEARING: 7:30 P.M. PA6ES } _ g 9 - 15 16 - 27 28 - 39 4Q - 45 P.S. 46 - 50 Being a replat of Lot 23, Auditor's Subdivision No. 2z, that was not already platted as Heather Hills Second Addition, generally located South of Heather Hills Second Addition and West of Rice Creek Estates Second Addition. 3. REVIEW 3.2 BEER LICENSE REQUIREMENTS a. R€COMM€NDATIONS ON RUMAN DEYELOPMENT G6ALS AND OBJECTIVES 51 - 63 RT MEETING ��. t� �� '.. ✓ PLANNING COMMISSION MEETING CALL TO ORDER: ROLL CALL: CI7Y OF FRTDLEY AGENDA MAY 5, 1976 APPROVE PLANNIN6 COMMISSION MINUTES: APRIL 21, 1976 7:30 P.M. PAGES 1�:] RECEtVE ENVIRONI�1ENTAL QUALITY COP1MISSION MINUTES: APRIL 20,_ 1976 9- 15 ,� enm pl�Te. /RECEIVE PARKS & RECREATION COMMISSION MINUTES: APRIL 26, 1976 RECEIVE AP!'�ALS COMMISSIOM MIMUTES: APR?l 27, 1976 1. PUBLIC HEARING: REZONING REQUEST, ZOA #76-02, BY ROBERT D. DE6ARDNER: Rezone the South 150 feet, front and rear of Lot 9, and the West 47 feet of the South }20 feet of Lot 10, Auditor's Subdivision No. E8, from R-3R (apartment and multiple dwellings district) to CR-1 (general office • and limited businesses), the same being 6437 Highway �65 N.E. 2. 28 - 39 40 - 45 PLAT. ?.S. 46 - 50 Being a replat of Lot Z3, Huditor'S Sub6�vis5on No. 'L'[, that was not already p7atted as Heather Hilis Second Addition, generally located South of Heather Hills Second Addition and West of Rice Creek Estates �econd Addition. 3. REVIEW 3.2 BEER LICENSE REQUIREMENTS 51 - 63 4. RECOf4MENDATIONS ON HUMAN DEVELOPMENT GOALS AND OBJECTIVES /1T MEETING � , ��c� S�S S (� � �2,'t`v`��4-+n .� L�u*�( \��o v,¢v, JO-�`1 '3ser� �tr.`� � I � � W�1\\J�V�(,S ' _. .� I� � �1ev�K o�tt �iR� e. tJ.� . �� CITY OF FRIDLEY PLANNING COMMISSION MEETING CALL TO ORDER: APRIL 21, 1976 Chairman Harris called the meeting to order at 7:35 P.M. PAGE 1 RQLL CALL: Members Present: Shea, Bergman, Harris, Peterson, Wahlberg, Langenfeld Members Absent: None Others Present: Jerrold Boardman, City Planner APPROVE PLANNING COMMISSION MINUTES: APRIL 7, 1976 MOTION bg Peterson, seconded by Iangenfeld, that the Planning Cormnis- sion approve the minutes of the April 7, Z976 meeting as written. Upon a voice vote, a1I votin9 aye, the motion carried unanirneusSy. RECEIVE HUMAN RESOURCES COMMISSION MINUTES: APRIL 1, 1976' MOTION by Shea, seconded by Bergman, that the Planning Commission receive the minutes of the Human Resources Commission meeting of Apri2 1, 1976. Opon a voice vote, all voting aye, the m�tion carried unanimously. Mrs. Shea called attention to the recorrmendation from the Youth Project Cortmittee on the Teen Center proposal and to the motion made by the Human Resources Comnission which was to approve the resolution of the Youth Pro- ject Committee and ask the City through the Planning Commission to bring the Youth Center under the auspices of the Parks and Recreation Department. Mrs. Shea said she wasn't sure how this should be handled. She said she didn't know if this should go to the City Council 6efore it went to the Parks & Recreation Department. Mr. Peterson said the Parks & Recreation Comnission would like to review this proposal before it went to the Councii. Mr. Peterson asked what the thinking was behind this recommendation. Mrs. Shea said the Youth Project Committee felt that they would like the teen center to be under the Parks & Recreation Department, and they would like them to be the administrators. She said that the Numan Resources Commission felt that this co�nittee had done all they could do. She said they had the backing of the City Manager to either have the use of the room in the Parks & Recreation Department or the room formerly occupied by the library. Mr. Peterson asked if they were talking in terms of a program or of a physical facility. Mrs. Shea said it was both. Mr. Sergman said that this proposal has been under discussion by the Community Development Comnission and the majority of the members stated that they wanted to review the proposed youth center. Mr:..Langenfeld said the Environmental Quality Commission was interested in this proposal also, and they would like to review it. MOTZON by Bergman, seconded by Peterson, that the recomm�ndations and progn3m which resulted from the combined efforts of the Human Resoarces Commission and the Youth Project Committae for a teen centex, be referred to the Parks & Recreation Commission, the Community Development Commission Planning Commission Meetinq - April Z1 1976 Paqe 2_ and the Environmental Qua2ity Commission. Upon a voice vote, al2 voting aye, the motion carried unanimovsly. Mr. Keith Larson, Vice Chairman of the Youth Project Committee said they would have a representative from this Committee at all these meetings. Mr. Boardman said that in the Youth Project Comroittee's proposal they mention that a temporary youth center be estabiished in the Civic Center. How tempor,ary would this be? Mr. Larson said it referred to the way that all the youth centers we have screened and examined in our proposal have started, which was on a temporary basis. Either a City organization, or the Poiice Department, or a special interest group started such a center, and then with the develbpment of interest of people, usually one group would take it over. Mr. Larson said the location of the teen center wou]d be permanent. He said that as the development of interest developed in the Center, they would be looking for people from the Police Department, peaple from the Junior and Senior High Schools, members of the Planning Commission and Numan Resources Commission, as volunteers to help with this Center. If they had help fram all these organizatic;s, it would help decrease the staff they would need from the Parks & Recreation Department. They would hope to �ventually be a self-propelled type of a center with volunteer chaperones. Mr. Peterson said that he would like to ask the staff to provide the proper information for the Parks & Recreaiion meeting which wauld be he�d on Monday, April 26, 1976. RECEIVE APPEALS COMMISSION MINUTES: APRIL 13, 1976 MOTION by WahZberg, seconded by Langenfeld, that the Planning Commis- sion receive the minutes of the Appeals Corruaission meeting of April 13, 1976. Mr. Harris said the City Council had received the minutes of the Planning Commission on 40' lots and will study our recommendation at their workshop meeting on April 26th. He said that a policy statement and recommendations on sub-standard lots would be coming from the City Council. Mr. Boardman said the Appeals Commission would be acting on the one request they have had on a 40` lot on April 27th, but this would then be going to the City Council, and they would make the fina7 disposition on this request. UPON a voice vote, a11 voting aye, the motion carried unanimously. RECEIVE COMMUNITY DEVELOPMENT COMMISSION MINUTES: APRIL 13, 1976 MOTION bg Bergman, seconded by Peterson, that the Planning Commission receive the Communitg Development Con¢aission minutes of the meeting of Bpril I3, 2976. Mrs. Wahlberg asked how the development of the Sign Ordinance Project Committee was �rogressing. Mr. Bergman said that Dennis Schneider would be Chairing this project committee and was in the process'of forming it. Mr, Bergman said that his Commission felt that Mrn Kraig Lofquist from Naegele Sign Company had volunteered to be on this Gommission and they also wanted representation from the Chamber of Corrnnerce. iney ie7t that anyone � ! � [ �! _, , _ . -��_ . Piannirtq Commission Meetinq - April 21, 1976 Page 3 who didn't live in the City shou1d be on this Committee for informational � purposes only, and that the Chamber of Comnerce representative shouldn't vote because they had a'vested'interest. Mr. Peterson said he took exception to this because this Committee was being formed to give input on changes that should probably be made in the sign ordinance, and the people who were really involved in this ordinance should be full memkers of this Committee. Mrs, Wahlberg asked if a member of the Appeals Comnission was sti11 being considered as a member of thi:s Comnittee. Mr. Bergman asked Mrs. Wahlberg to discuss this with the Appeals Com�ission, and then she should call Mr. Schneider and tell him which member would agree to be on the Committee. He said that they felt there should be a limit of seven people on this Committee to make it a workable group. UPON a voice vote, a11 voting aye, the motion carried unanimou5Iy. 1. PU6LIC HEARING: REQUEST FOR A SPECIxL U5E PERMI7, 5P #76-05, BY ARLYNE R. JOHNSON: Per Fridley City Code, Section 205.051, �. to allow the construction of a second accessory building, a 20' x 22' detached garage, on Lot 5, and the East 1/2 of Lot 4, Block 5, City View Addition, the same being 420 57th Place N.E. Mr. Barry Satterlee, 3'he 5ussel Company, was present to represent the petitioner. � MOTIQN by Peterson, seconded by Bergman, that the Planning Comtnission open the Pub2ic Hearing on the request for a Special Use Permit, SP N 76-05, By Arlyne R. Johnson. Upon a voice vote, aZ1 voting aye, Chairman Xarris declared the Public liearing open at 8:11 P.M. Mr. Boardman said the petitioner had a single attached garage. He said this property had double access, one access from 57th Place N.E. and the other access on 57th Avenue N.E. He said this garage would 6e 26' x 22' and would meet all the code requirements. The staff had no: objections to this special use permit being granted. Mr. Barry Satterlee presented pictures of the :site,. a drawing of how the garage would be located on the lot, and a statement signed by the two adjacent property owners. Chairman Harris read the statement from the two adjacent property owners which stated: "We the undersigned have no objection to a doubte garage being constructed at 420 57th Place and the present single garage attached to the dwelling remaining open and being used as a garage." He said it was signed by Warren Sunderland of 410 57th Place N.E. and Carl Paulson of 430 57th Place N.E. MOTION by Langenfeld, seconded by Peterson, that the PZanning Commission receive the siqned statement from the adjacent property owners. Upon a voice vote, a1I voting aye, the motion carried unanimously. � l+ir. Satterlee said that Miss Johnson lived alone and for security reasons would like to continue to use the single attached garage for her personal car. She was going to use the second .garage to store a boa� and a second car. Planning Commission Meetinq - April 21 1976 Page 4 MOTION by Bergman, seconded by Shea, that the.Planning Commission close i the Pablic Hearing on a request for a Special Use Permit, SP #76-OS, by � Arlyne R. Johnson. Upon a voice vote, a31 voting age, Chairman Harris dec3ared the Public Hearing c2osed at 8:16 P.M. MOPION by Bergman, seconded by Peterson, that the Planning Commission rewmmend to Council approval of the reqaest for a Special Ase Permit, SP q76-05, by Arlyne R. Johnson, per Fridleg City Code, Section 205.05I, 2, �, to a11ow the constraction of a second accessory buiZding, a 20' x 22' detached garage, on Lot S, and the East 1/2 of Lot 4, B2ock 5, City View Addition, the same being 420 57th Place N.E. Mr. Harris asked Mr. Satterlee to be sure the petitioner was aware that it was a code requirement to have a hard surface driveway. Upon a voice vote, aIl voting age, the mqtion carried unanimously. � 2. VACATION REQUEST: SAV #76-02, MRS. RAY PRESIEMAN: Ta vacate that part of unimproved Johnson Street that lies North of 53rd avenue and adjaceni to Lot 18, Block 2, Swanstrom's Court Addition, the same being 1391 53rd Avenue N.E. Mr. & Mrs. Ray Presteman�were present. Chairman Harris said this request would be handled as an informal publ9c hearing. Mr. Boardman said that a portion of unimproved Johnson Street was � vacated in 1970. At that time, this portion of Johnson Street was not vacated because the petitioner wanted to maintain that area for an access. They have changed their minds and want it vacated now. There wiil have to be an easement re�ained for drainage and utilities on the East 20' of the vacated street. Mrs. Albert Villella> 5300 Matterhorn Drive N.E., said that �heir house was on the other side of this unimproved Johnson Street, and she wondered how this vacation would affect her property. Mr. Harris said this road easement for Johnson Street was 33' vrhich was half of an easement for a street, so it would all go back to Swanstrom's Court Addition, so this wouldn't affect Mrs. Villella's property at all. Mrs. Villelia said that if the petitioner was going to construct something on this 33', then it would affect her property very much. Mr. Presteman said that they were going to construct a new attached garage on their property, which wouTd- be built 2 feet from their present. property line, so the vacated street would be used just as part of the required setback. They didn't intend to iase any part of the vacated street for any structure, Mrs. Presteman said this unimproved street has been used as a dumping ground by all the surrounding neighbors. She said there has been concrete chunks, tree 6ranches, etc., dumped here, and she was the•only one in the past ten years who has made any effiort to clean up this area. Mrs. Villella . said that they had just purcha�ed their home last spring, and they had tried to clean up the area closest ta their property. Plannin Commission Meetin - A ril 21, 1976 ' Mrs. Presteman asked the Planning Comnission if they knew how much � this vacated street would add to their real estate taxes. �r. Harris satid he didn't think it would raise the taxes too much because this would be considered as one building site, and although tfiey would own a11 the property, 20' of it would have a drainage and utility easement on it. Mrs. Presteman said that if the City Council approved this vacation, they would like to construct their garage before the vacation process was completed. She said that no part of the easement would be used for the construction of the garage because the garage would be 2 feet from their present property line. Mr. Harris said the Planning Cottenission could not make a determination on this, it would have to be done by the City Council. Mrs. Villella asked fiow close this garage would be to her property. Mr. Harris said it would be 35' from her property line. She said she had no objection to this. M�TION by WahZberg, seconded by Peterson, that the Planninq Commissi.on recormnend to Coancil approval of the vacation request, SAV #76-02, by Mrs. Ray Presteman, to vacate that part of unimproved Johnson 5treet that lies North of 53rd Avenue N.E. and adjacent to Lot 18, B]ock 2, Swanstrom's Court.Addition, the same being 139I 53rd Avenue N.E..with the stipvlation that the City retain a drainage and utility easemenE on the Sasterly 20 feet. Upon a voice vote� aI1 voting aye, the motion carried unanimously. i 3. DISCUSSION ON SECOND ACCESSORY BUILDINGS: COMMUNITY rnMn�zccrnni MTN117FG t1F APRTI 13_ 7976 Chairman Harris had asked Mr. Bergman to delay the discussion of this item until the completion of the public hearing items. Mr. Bergman said he was bringing this to the attention of the Planning Co�nission for any treatment that the Planning Commission deemed necessary. He said the Community Development Comnissia nse nd��ccessory his because of a request for a Special Use Permit on . �- building that was larger than the existing house, which they felt was in conflict with the primary use of a residential d�strict. Mr. Bergman said it was the unanimous consensus of this Commission, after in-depth'discussior�s, that the present ordinance was as good as anything that we could come up wi.th. The concerns sere'that the City should not prohibit what a person could do on tfiein own property, and to be too restrictive was a violation of individual rights. The 25k lot cover- - age maximum, they felt was a reasonably valid control over the abuse of second accessory building'size. It was felt that we shouldn't get too concerned with what kind of private business or hobby a person.might want • to conduct on their own property. Mr. Bergman said they felt �t would be difficult to validly deny an accessory buiiding, with the burden of proof resting on the City, and it would be difficult to inspect or control. as to the present owner, or if the property changed owners. • Mr. Peterson said he agreed with this completely. . � ,,. Planning Commission Meeting - Aprit 21, 1976 Page 6 Mr. Harris said that he agreed with this in principle, but he was concerned with the use of some of the accessory buildings. He said that � there seemed to be more and more businesses that were being operated out of garages, and he thought this was bringing commercialism into what should be completely residential neighborhoods. Mr. Boardman said the home occupation section of our code does not allow any business to be conducted from an accessory building, ii:all had to be confined to the residence itself. Mr. Harris felt that there were flagrant violations to that section of.the code. He said that he felt there were many body shops being operated in garages, and'�tii5 was unfair to someane. who was operating a body shop in the�proper zoning.and paying out for overhead, when�someone else was operatircg a tiody shap illegally in their garage, with no overhead. Mr. Langenfeld offered as a suggestion the guidelines laid out by insurance companies on what was a commercial use in a re5idential area and what wasn't. He said he felt this would be quite helpful to the Planning Commission in making a determination of what was a home oecupation and what was a commercial venture. Mr. Boardman said he felt that wouid be a help, but he would prefer not to have the zoning ordinance worked on in a piecemeal way. Ne said that the Planning Commiss�i�on would be reviewing ihe entire zoning code, and he thouqht that the concerns that they had should be part of their recommended changes to the code at that time. Ne said they could also „ consider business iicenses for home businesses at the time they reviewed • the new maintenance code. Chairman Harris declared a recess at 9:10 P.M, and reconvened the meeting at 9:25 P.M. 4. GOALS & OBJECTIVES Mr. Boardman said he had set up five goal areas. They. were Housing, Human DeveTopment, Access, Security and Cottonunity Vitality. Ne said the Hausing Goal had been completed. Mr. Boardman said that under the Human Development Goal they would, cover Parks & Recreation.,and every thing that deals with human resources: library, fine arts, the humanities, the schoolS and education, etc. Under the Access Goa7 we will handle anything that has to do with the movement of people and services, and the maintenance of those accesses. The Securit,y Goal wil] har.dle individual public health and general welfare. "Tn the � Vitality Goal �they would handle anything that concerns the cor�,iunity's growth. Mr. Boardman said they would consider the Human Development Goal at tiiis meeting. Mr. Boardman read five goal statements under this goal. The first goa7 statement was to "Provide adequate park facilities and recreational opportunities to ensure the health and well beittg of the residents and provide for a quality living environment.° He then read four other goal statements and then reviewed the Program Objectives for _• the first goal statement which were based on the goals and objectives from the Parks & Recreation Commission. �.. D]anning Comnission Meetin - A�ril 21 1976 Paqe 7 The Planning Commission was in general agreeiient with the presentation b� Mr. Boardman, but Mr. Harris said he thought they should take the material with them to give themselves a chance to digest it, and they should be ready � by the next meeting to review this fi��rst goal under Human Development. �.Mr. Boardman..said the Parks & Recreation Comprehensive Plan would be based on this first goal. 5. PERMIT FROCESS Mr. Boardman said he would like to have the Planning Commission's reaction to the staff reports used for building permit requests for:commercial and industrial development. He said tbat at the present time; when someone makes a request for a building permit, we write up a staff report. He said this was sent to the Planning Commission, who were not required to take action on the report. -It then goes to the City Council, and they are not required to take any action on these reports either. He said that the staff did wait to issue a permit until the staff reports had been through the Planning Comnission and Council. He said the intent of this process was just to inform the Planning Commission and Council of what was go;ng on in the City. Mr. Boardman said he thought that a better way to handle this, as far as the staff was concerned, was to eliminate the staff report. He said the staff reviewed all building permit requests to see that they met all the requirements of the zoning code: He said a list of permits issued would be given to the Planning Commission and Council so they would still be aware of what was being developed in the City. � Mr. Boardman said that when the Building Standards-Oesign Control Subcommittee was eliminated during the reorganization of the Planning Comnission, it was thought the administrative staff report would be a transition from this Subcommittee to a process that would still keep the Pianning Canmission and Council aware of building permit requests. Now we would like to phase out the administrative staff reports. He said that by just sending a list of permits issued to the Planning Commission and Council this could speed us the issuing of permits by two to three weeks. Mr. Harris said he was concerned about developers not having any �e�our-se if they didn't agree with the staff's interpretation of the zoning code. Mr, Boardman said this was taken care of in the Code, where anyone cauld make an appeal of any staff decision through the Appeals Commission. Mr. Harris said that he had no objection to building permits being handled by the staff as long as there was a way to appeal these decisions. The other members of the Planning Commission concurred. They all agreed that staff should make the citizens aware that there was an appeal process to their decisions. � 6. STREET STANDARDS Mr. Bergman said he wanted to bring up the subject of street standards with the idea that it was better to be forthright to do something other than to complain or gripe: Ne said that at the last meeting he had asked what • the standard was for street width, and was told that there were many, and he was boihered by this. He asked if there was anything the Planning Commission could do to correct this. Mr. Boardman said that most of the streets were _ . .. _ �� Planninq Commission Meetinq - Apri1 21, 1976 Page � already in. Mr. Harris said he felt it was never too late to establish standards. because this was an on-going thing. Mrs. Shea felt that this could be under the Access Goal to establish standards for road width. Mr. Berguwn said he felt a little bit em6arrasse� that at this point in • time we were talking about establishing street standards, Mr. Boardman said he would ask the Engineering Department for a report on how street widths were determined at the present time. ADJOURNMENT: MOTSON by Peterson, seconded by Wahlberg that the meeting be adjourned. Upon a voice vote, a11 voting aye, Chairman Narris declared the Planninq Comm�ssion meeting of Apri1 21, I976 adjonrned at 10:57 P.M. Respectfully submitted, �.�-� ��-.�� Dorothy,Evens , ecretary � �I _ > _ , . __ _ :„ ENVIRONMENTAL COMMSSSION MEETING April 20, 1976 MEMBERS PRESENT: James Langen£eld, Mike Paripovich, Bruce Peterson MEMBERS ABSENT: OTHERS PRESENT: &rother Thomas Sullivans Lee Ann Sporre Steve Olson, Environmental Officer Chairman Langen£eld called the meeCing to order at 7:45 p.m. 1i/;�Iti3�l 23 I SS Chairman Langenfeld said he would lika an explanation of the minutes of page 3, paragraph 4. Mr. Paripovich explained that the people mentioned looked at the whale idea of protecCing East River Road by putting in the corzidor as a move to direct traffic to theix parts of town, andfor that reason they weren't very enthusiastic. Mr. Langenfeld said that Ms. Sporre stated that Mr. Langenfeld did not support their anti-East River Road point of view. MOTION by Bruce Peterson, seconded by appr.ove the minutes as written. Upon aye, the moYion carried unanimously. EAST RIVER ROAD PROSECT COMMITTEE: Mike Paripovich, to a voice vote, all voting Chairman Langenfeld said he wished to bring to Mr. Paripovich's attention goint number 3 on page 18 of the Planning Commission minutes for their meeting of April 7, 1976, which seates: CONTINUED: PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT, P.S. U76-03, LEIGA TERRACE, BY LESGH INVERTMENTS, INC.: Being a replat of Lot 39, Revised Auditor's Subdivision No: 77, (excepting parcel 5640), generally located on the West side of the intersecCio❑ of Osborne Road and East River Road. (Same Property as the Dorstad Plat which was never recorded.) Chairman Langenfeld showed the mem6ers a map of the area and suggested they read the minutes of the Planning Commission meeting. MOTION by Eruce Petersori, seconded by Mike Paripovich, to table discussion of Che Planning Commission meeting minutes of April 7, 197b for further discussion at the next Bnviron- mental Commission meeCing. Upoa a voice vote, all voting aye, the motion carried unanimously. � �,_� ENVIRONMENTAL COMMISSION MEETING OF APRIL 20 1976 PAGE 2 Mr. Paripovich itanded out to the members a list of the goals - of the East River Road Project Committee, of which he is chairman. He said he.had talked to a 1ot of people abouY the goals and they have already been altered a bit. He stated they were taking a view of East Rivez itoad not only as a road or highway that has been a controversial subject for a long time, but viewing it in the context o£ a gateway to a iqajox environmental area and its relationship to the Mississ- ippx corzzdor, and to tfie whole concept that is being developed here. He explained he was working with approximately 12 people i❑ various degrees of involvement, and everyone was anxious to get started. He said he was looking for the approval of the Commission to get assurance that they are going in the right direction. Chairman Langenfeld asked if he was going to use the goals and objectives of the Environmental Commission as his guide, and Mr. Paripovich replied he was. MOTION by Bruce Peterson, seconded by Mike Paripovich, to receive the goals of the East River Road Project Committee. Upon a voice vote, a11 voting aye, the motion carried unanim- ously. Mr. Paripovich then read to the Commission the Goals of the East River Road Project Committee: 1. Explore means to promote the involvement in the planning will associate k'ridley with growth o£ civic of developments which the Mississippi corridar, 2. Review available planning regarding tfie development o£ East River Road with reference to its eventual impact on the Mississippi corridor and the con- tiguous residential areas. 3 4 Detexmine safe noise and air pollution levels and compare to existing and pro5ected levels. Obtain information which evaluates East River Road traEfic safety characteristics. 5. Encourage the implementation of the recommendations of the East River Road committee and other plans which would foster the identification of Fridley as the gateway to the river, a city serving the greater community by providing access to the many sesthetic benefits the northern metropolitan corridor will provide. Mr. Paripovich explained the reasoning beh.ind number one was that one of the real problems was that plans are made for the East River Hoad and surrounding areas and the people „- .., �� ENVIRONMENTAL COMMISSION MEETING OF APRIL 20, 1976 PAGE 3 immediately involved in this--those that live near the river or on East River Road--are not aware of these developments. He s3id because of this the committee wants to cause an awakening of interest in the shaping of this area. Mr. Peterson pointed out that if all the people on the com- mittee come ftom the corridor area, possibly at a later date they would hear from other people who would say they weren't involved in the goals or objectives. Ae asked if the com- mittee was going to obtain viewpoints from oCher xesidents of Fridley. Mr. Paripovich replied that if the means were provided,they would gladly provide progress reports of their activities. Mr. Olson suggested he talk to SoAnn Rice or Pau1 Gustafson and get a small article in the paper inviting people to attend the meetings and participate. He explained that way the citizens couldn`t complain that no effort was made Yo inform them. Mr. Paripovich explained the committee's thinking behind the second goal was to ensure Cheir looking at the entire picture. He said they were aware of the Mississippi corridox and didn't want to skim axound it. Ae stated this should be a beautifi- cation program for Fridley. With reference to the third goal, Mr. Paripovich explair.ed they wanted to determine the traffic ledels and air pollution levels and then compare them to what is considered safe. Regarding goal number 4, he said the committ�e wanted to talk to experts who knew about these. things and obtain their opinions. Mr. Paripovich said that regarding the fifth goal_ there was quite strong feeling on this with the people he had talked to. He said there was a strong feeling that Fridley should have a bettex image--that it is considered a crossroad and when image building is done this is what we project. He stated that this is an opportunity for Fridley to be identified with the whole impxovement of the river and the road that conducYs people to that area, Chairman Langenfeld said he could see that environmental awareness was the main objective of the goals, and asked if the peopie felt that the traffic should be slowed down to 25 miles per hour so that a more aesthetic quality would prevail. He stated he felt the major problem of the traffic would have to be dealt with by the county. Mr. Paripovich replied that the police,the city engineers, and the citizens who live along the road are aware of the past problems and realiie it is a safety hazard and an inadequate road for the use that is made of it. He said the committee X� ENVIRONMENTAL COMMISSION MEETING OP APRIL 20, 1976___ __ PAGE 4 would make a reasonable recommendat-ion, but didn't wa� to be radical. He stated that speaking for himself, he felt it was a major thoroughfare and traffic couldn't jusC be snuffed out, but there should be a more Fridley--oriented use made of it. Mr. Petetson asked if he had determined what information is available at present or if there had been any search done into the records, and Mr. Paripovich answered that this hadn't been doae yet because the committee first wanted to get approval before they went any further. Mr. Olson asked if any thought had been given on upgrading eithe'r University or Highway 65 to a freeway. He stated t6at East River Road is a natural thoroughfare for traffic going north, and since Fridley is also a part of the metro area, it should provide a means to get to these other communities, but i£ a faster means of getting through Fridley is provided, the people will use that road. Mr. Paripovich stated that at the present time there were 40 and 45 mile per hour speed limits, and cars and trucks went 60 and 65. He said that the police have made extensive efforts to slow down the traffic, but to no avail. Chairman Langenfeld suggested Mr. Paripovich check with the city regarding a study he remembered being done abou't a year ago by a trafiic specialist on this subject. He said he thought he remembered one of the conclusions being there were too many directional signs on East River Road. He also noted that the situation by Wickes was a traffic hazard. He said the Planning Commission allowed the placement of a combined direc- tionai sign for botfi Wicices and Plywood Minnesota, and some people get quite confused at this point. Mr. Paripovich stated that as a part of the Commission he was interested in having this be acceptable to the rest of the people in the city. He said he would welcome any suggestions about the acceptability of these goals. Chairman Langenfeld commented that once he got the citizens intexested, he migh.t just go back'and forth and not arrive at any decisions. Mr, Peterson asked what type of plan of action was being con- sidered,and Mz. Paripovich replied they were going to get three ' or four groups working independently on this gathering data so the rommittee could:move faster. Chairman Langenfeld suggested using a questionnaire, and Mr. Paripovich felt that was a very good idea. Mr. Langenfeld esid funds would have to be appropriated for this purpose, as a mailing would cost several hundred dollars. Mr. Olson asked about the latest traffic studies on East River Roads and felt that date may reflect an inerease in vehicles over a period of the last couple of years. Mr. Paripovich explained the committee was not just concexned with reducing �� ENVIRONMENTAL COMMISSION MEETING OP APRIL 20, 197b___ PAGE 5 � the traffic, but wanted to get a total picture and the traffic would certainly be part of it. Chairman Langenfeld suggested to Mr. Paripovich that he talk to Mr. Redmann who works for Anoka County and oversees all the work on the road. Mr. Paripovich said that someone involved with the committee from the staff would be very helpful, and he requested some siaff Cime. Mr. Olson suggested he talk to Mr. Sobiech or Mr. Boardman. Mr. Paripovich said thaC by the next meeting they would find out if they needed staff time, and if so, they would try to justify it. He also said they would be able to speak more intelligently about any budget expenses needed at that time. Chairman Langenfeld stated that the budget expenses would have to be a£ormal request from this Commission, and requested Mr. Paripovich to give him the anticipated needs of the com- mittee so the proper requisition could be submitted. He said he felt this study could be a good thing for the city itself. Mr. Paripovich requested Mr. Olson to find out how much the budget is for the year 1976 and prepare a complete breakdown of what it is. Mr. Olson informed the Commission that an extensive attempt is being made to change the whole image and identity of Pxidley from "Fridley--The Top of The Twins", to"Fridley--A Community". Even the new identification cards are improved and more artistic. Mr. Raripovich commented that iC was encouraging that the ciCy is aware of the fact that it should improve its image. He said he felt Fridley lacked a personality and an ;.3entiCy of its own. He said it seems to be thought of as a space in between something, but not considesed a space in itself. Mr. Paripovich informed the members that the commiCtee was already receiving suggestions and ideas from people who had heard of it, and thexe was a reaction beginning to occur. He said he had been asked to bear in mind that kids have to crass East River Road, and Co keeg that in consideration. Mr. Peterson suggested the use of elevated crosswalks, and Mr. Paripovich replied that usually they were built on a road that contained a lot of traffic and hopefully, the traffic on East River Road would be reduced. Mr. Olson suggested more traffic lights wovld tend to slow down the traffic, andperhaps a speed limit of 30 - 35 mph should be advocated. He said that signs saying "watch for children" and this type of thing would discouxage traffic and wouldn`t affect Che citizens on the road too much. Mr. Langenfeld commended Mr. Paripovich on establishing the goals. ��'3 �NVIRONMENTAL COMMISSION M�ETING OF APRIL 20 1976 PAGE 6 Mr. Olson reopened the discussion on the preliminary plat discu'ssed at the Planning,Commission meeting of April 7, 1976, and asked the members if they wanted to take any official action or had any ideas they wanted carried out. He explained that th:�s was going be£ore t�e City Council May 10. MX. PeCeXson withdrew his motion to table this discussion until the next meeting, Mr. Langenfeld said he asked that this be submitted to this Commission so that they could form an opinion, and he also thought it would be of special interest to Mike Par3povich since he was chaitman�of the East River Road Project Committee. Mr. Paripovich asked who his committee shou2d contact after coming up with this information, and Mr. Olson said he should probably submit his comments itt writing to the City Council or appear as a group to the City Cour�il and make any suggestions. MOTION by Bruee Peterson, seconded by Mike Paripovich, that the East River Road Project Committee review the Planning Commission minutes of April 7, 1976, and make any appropriate recommenda- tions to the proper body prior to the final plat being accepted. Upon a voice vote, all voting aye, the motion carried unanimeusly. Chairman Langenfeld said he didn't know how the property would be developed the way it is presently platted, but if this was accepted, it would make it residential. He told Mr. Paripovich if depelopments occurred which were important, a special meeting of the Environmental Commission could be called. LAND ALTERATION ORDINANCE: Mr. Olson explained to the Commission that they had before them copies of the deleted Land Alteration Ordinance, the existing ordinance and the proposed ordinance, and also a copy of the application form for alteration. He explained that what is being proposed is Chapter 70 of the Uniform Building Code which is .quite comprehensive and does a good job. He stated it was open for suggestions. Mr. Paripovich said he had read it and he thought it was nec- essary and very good. Chairman Langenfeld stated he felt the existing ordinanca 2I2-Mining Sand and Gravel was just no �od, and felt the whole thing should be zevised. r t ION by Mike Paripovich, seconded iYOnmental Commission recommend t adop[ion of Chapter 70 of the Un lacement for the present Chapter inance, and that any proposed ord s Comniission for review prior to v Council £or its approval. y Bruce Peteraon the Planning Co form BuildinQ Co 12 known as a mi nance be brought eine submitted t ssion as a ore Upon a voice vote, all voting aye, the motion carried unanim- ously. P .x r-' .;t: 0.9 ENVIRONMENTAL COMMISSION M"ETING OF APRIL 20 1976 PAGE 7 /1DJOUFNMENT: MOTION by Mike Paripovich, seconded by Bruce Peterson, to ad�ourn the meeting at 9:20 p.m. Upon a voice vote, all voting aye, the motion carried unanimously. Respectfully submitted, , {%/ �rU�/�ll %�%��'N.=I�P.C�_1 � Sherri 0'Donnell Recording SecreCary � � FgID1,Ey ApPEALS COtR�SI5SI0N MEETING APftIL 2'7, 1976 MEMBERS PRFSENT: Virginia Wahlberg, Alex Barna� Pat Gabel „t� �iT�'Ti:T�iT.'1�:F'��YIA OTHERS PRESENT: Dick Kemper, Jim Plemel Ron Holden� Building 7nspection Officer The meeting was called to order hy Chainroman Wahlberg at 7:35 P•m• MOTION by Mr. Barna, seconded by Mrs. Gabel� to approva the minutes of the April 13� 1976 meeting as written. Upon a voi�e vote, all voting aye, the motion carried unanimously. RECEIVE GUIDELINFS ON !t0 FOOT LOTS FROM CITY COUNCIL: Chairwoman Wahlberg stated that in addition to the minutes of the subcommissions on the 40 toot lots which were distributed at the last Appeals meeting, there is now available a list of tentative guidelines from the Planning Cocmnission on substandard lots. She explained that the Planning Commission has passed these guidelines on to the City Council £or their review� and at this point the Council has not yet come up tirith an affirmative plan. Mr. Holden said that this was discussed at the City Gouncil meeting last night, and they concluded the Planning Coirm�ission guidelines were good points to consider, He added that the Council suggested they should be considered on an individual basis� with review and final approval to be by the Council. Chair- Woman ldahlberg said that all the subcommittees felt the city should go along with building on 4Q' lots, but there crere stipulations they felt should be adhered to. TENTATIVE GUiDELINES FROM THE PLAI3NING COMMISSION OPi Si3B5TANDARD LOTS: 1. The Planning Commission feels that it was consistent rrith the Comprehensive Housing Plan that suh-standard lots should be developed in Fridley, but each sub-standard lot should be con- sidered separately. 2. That there he no variance allowed from the present ordinance allowing a maximum of 2 n lot coverage. (For ezample, on a 5200 square foot lot, which would require a variance for lot ' size, only 1�3� square feet of the lot could be covered by the house and garage.) 3, If there is land available on either side of a sub-standard lot� • every effort should be made to purchase that lot at a fair market price by the petitioner� so the lot size would be consistent � �� FRIDLEY APPEALS COMMISSION MEETING OF APRIL 27� 1976 - PAGE 2 �9 vi.th the existing buildinP, sites in Lhe area. If the petitioner refuses to try and negotiate for additional vacant land, consideration should be given to denying the variance. All denia2s have to be 'based on good� sound considerations. 1t. That the owner/builder make as much of an effort as possible to meet the existing codes. 5. That the house being built on a sub-standard lot blend in as aesthetically as possible with the existing houses in the neighborhood� ' realizing that a new home cannot always blend into an old neighborhood, STAF`F'S COMMENTS: s. Statement of hardship must include statement regarding length of ovnership which wonld give indication if property was oWned Por a number of yesrs, or recently ac4uired with the intention of speculating on deve2opment oF a!t0 foot lot, b. All variances associated with the development of !t0 foot lots would require final approval by the Ciiy Council. MOTION by Mr. Barna, seconded by Mrs. Gabe1, to accent the tentative guidelines from the Planning Corrmiission on substandard lots. Upon a voice vote, all voting �ye� the motion carried unanimously. � Mr. Barna suggested that a 5200 square foot lot with a decent size house shou2dn't • require a garage� but Chairwoman Wahlberg stated it wasn't this Commission's prerogat�re to change that stipulation. She said that would have to go through the Planning Commission. Mr. Holden said he wanted to bri.ng up that ihe City Council discussed and endorsed ihe idea that the Appeal.s Cormnission try to substantiate with facts any findings on the fort,y foot lots. Chairwoman Wahlberg stated ihat she was slight2,y disappointed that the guidelines xeren't stronger. She said that most of the subcommissions seem to be pretty consistent on their feelings on this, and she hoped they could act in the best interest of the city in the £uture. 1. A REQUFST FOR VARIRNCFS OF THE FRIDLEY CITY CADE AS FOT,I�OWS: SECTION 205.053� 1B, TO REDUCE THE IAT AREA REQUIRED� FOR A 7AT RECORDED BEN'ORE DECF�SBER 29� 1955� FROM 7500 SQUAftE FEET TO 5218 SQUARE FEET� AND� SECTION 205.053� 2B� TO REDUCE THE IAT WIDTH REQUIRID� FOR A I.OT RECORDED BEFORE DECEM$ER 29� 1955� FROM 50 FEET TO 1t0 FEET, AND SECTION 205.OS3, 3s TO INCREASE THE MAXIMUM IAT COVERAGE BY THE MAIN BUILDING AND ALL ACCESSORY BUILUINGS FROM 25 p�CENT TO 27.8 PgtCENT� AND� SECTION 205.053� 4B� TO REDUCE TfiE SIDE YARD ADJOINING LIVING AREA FROM THE REQUIRED 10 FEET TO 5 FEET� AND � _._ _ . _..,.. _ ... _ ....�,,.,� �,. � FRIDLEY APPEATS COA'AfISSION MEETING OF APRil 27� 1976 - PAGE 3 `}� • SECTION 205.0$3� �+g, 5b� Tfl �UCE THE SETBACK FOR AN ATTACHED GARAGE WHICH � OPENS ONTO THE SZDE STRwET OF A CORNER IAT� FROM THE REQUIRED 25 FEET TO 13 ��'r, arm SECTION 205.053� 1�3, Sa� 1� RIDUCE THE SIDE YAHD SETSACK FROM THE SIDE STREET OF A CORNER IAT FROM 17.5 FEET TO 11 FEET, ALL TO ALIA:•7 THE COt+STRUCTION OF A HOUSE AND ATTACHED GARAGE TO BE LOCATED ON IAT 1S� B�� 3, PLYNOUTH ADDITIOY� THE SAI•SE BEING ltg00 - 2z STREET N.E.� FRIDLEY� TSI1iNF:SOTA. (RE�JUEST BY I�7tR. DEP:IS L. VII,T�`T•T.A� 7b51 CE:7TRAL AVENIJE N.E., FRIDLEY, MN. 55A32) MOTION by F�irs. Gabel, seconded by Mr. Barna, to remove this item from the table. Upon a voice vote� all voting aye� the motion carried unanimously. N,OTION by Mrs. Gabel, seconded by ;•ir. Barna, to open the public hearing. Upon a voice vote� all voting aye� the motion cazried unanimously. Afr, �illella was at the meeting to present his reGuest� and a neighboring land owner, AIr. C, L. Popp of h762 21� Street N.E., Fridley, Has also oresent. Mr. Villella showed to the Commission photogranhs oi the lot and a house plan. Chairwoman ti7ahlberg reviewed the reauest iten by item, and Nir. Villella said that number 5, to reduce the setback for an attached garage, was no longer a � request. Chaiz^�roman 'rTahlberg sai.d it still iell short of minimwn lot size, and in addition to the eleven foot setback £rom the lot line there was a twelve foot boulevard easement which the city ozaned. hfr, Popp asked Mr. Villella if he was still over the 25� lot coverage� and Mr. Villella replied he could cut the house down to 960 feet, for a total of 1400 square feet including the garage. Chairwoman Wahlberg told Mr; Villella the maximum he would be allowed was 1303 square feet� and suggested an alternative of building a single-car garage instead of a double gara�e, h[r. Barna suggested using a different house design; either a two story or a story and a half. Chairwoman Wahlberg reviewed the guidel9.ne which states there be no variance allowed from the nresent ordinance of 250 lot coverage. She said this appeared to be very consisent among three subcommissions� the Planning Commission and ihe City Council. She told DSr. Villella that unless he could come up with an alternate plan which vould reduce ihe covera�e, the Conmiission would not be allowed to apprdve it. She explained that with fewer lots in ihe city to build on, there will be people wanting to build on these !a0' lots, and there was no objection to building on these lots if they meet existing building codes. Mrs, Wahlberg said tfiis would provide scattered mized housing throughout the city, xhich fits in with the Comprehensive Housing Plan to encourage lower-cost housing. Mr. Popp stated he did not want this to be allowed. Ae felt it would not blend � in r,rith the neighborhood� and also was concerned that a house that close to the street might be a safeLy hazard. He also felt his view might be impaired. Y ,�,�RIDLEY APPEAIS COMMISSION MEETINQ OF APRIL 27� 1976 - PAGE lt 1 Hr. Villella said that he could make the house 960 square feet with a one-car • garage, and there should be no problem. Chairwoman Wahlberg said it xas her urtderstanding that the adjacent land ormer had no objection to building on this property� and Mr. Villella said that Was correct. He said he had a new house plaz� in mi.nd that would be 21t � X!t0' with a single-car garage, and would be either a front split or side split. Chaix�sroman Wahlberg pointed out that he would still require the two side yard setback variances and the lt0� lot variance. She said that i£ he was willing to change the garage entrance fro:n the side street to curve around� that variance could be eliminated. i4r. $arna asked Mr. Popp if he wovld have any objections if the house was smaller and he could be assured it wouldn'L obstruct his view� and Mr. Popp replied he wouldn't if Mr. Vi1lella would change the p2ans. Chairwoman Ylahlberg asked Mr. Holden if he thought the Board should approve the house plan, and he replied that he would recommend that the house plan be submitted to the City Council. MOTION by Mr, Barna, seconded by Mrs. Gabel� to closa the public hearing. Upon a voice vote� all voting aye� the motion carried unanimously. Mrs. Gabel said she didn�t think she could object to this since Mr. Villella was willing to work within the guidelines, and this plan fit into the Compre- hensive Housing P]an. She also felt it would bring up the value of existing homes. � Chairwoman Wahlberg said that in addition to his willingness to work with the 25w coverage� another point to be made is that there is really no land available to add to this lot to bring it up to code. MOTION by Mrs. Gabel, seconded by Afr. Barna� to approve the reauests for variances 1, 2� 4 and 6� and deny the requests For variances 3 and 5, noting that the developer has agreed to this. Upon a voice voie� all voting aye, the motion carried Unanimously. Chairwoman Wahlberg thanked Mr. Villella for his patience with the city in determining this, and said she would make an e£fort to help him get on the City Council agenda for next Monday. Mr. Holden to2d Pir. Villella that the city rranted to in£orm him that it ma,y be necessary that this 1s0' lot snd others be charged an additional sewer and water assessment� as these lots were not assessed as buildable sites. 2. A REQUFST FOR A VARTANCE OF TAE FRIDLEY CITY CODE AS FOL7AW5; SECTION 205.a53, 11A� Tp REDUCE THE FRONT YARD SETBACK FROM THE REQUIRk9 35 FEET'TO 25 FEET, TO ALIAW THE CONSTRUGTION OF A HOUSE AND GARAGE TO BE LOCATED ON IAT 3, BIACK 1� HEATHER HILIS 2ND ADDITION� THE SAME BEING 1411 KERRY CIRCLE N.E., FRIDLEY� MINNESOTA. (HEQUEST BY MR. MIKE O�BANNON� 529$ FILLMORE STREET N.E.� FRIDLEY� rtzxtaESOTn 55421•) � �2 FRIDLEY APPEATS COP44ISSION MEETING OF APRIL 27� 1976 - PAGE s �. HOTION by Mr. Barnas seconded by 2irs. Gatiel� to open the public hearing. Upon a voice vote, all voting aye� the motion carried unanimously, Mr. 0'Bannon stepped forward to present his proposal. ADMINISTRATIYE STAFF REPt)RT A. PUBLIC PURPOSE Sr'�iVED BY REQUZIt�.Tg:NT: Section 205.053, W�� front yard setback oi 35 feet. Public purpose served by th3s section is to allox for ofi-street parking xithout encroaching on tfie public right o£ vay. Also the aesthstic consideration of the neighborhood to reduce the �'building line of sight" encroachment into the neighbor's front yard. B, STATID HARDSHiP: Because the house is on the firsi lot of the cul-de-�ac it will be located behind the house on lot �2 to the east. C. ADMINISTRATIVE STAFF REUIE47: The actual curbing in this particular cul-de-sac right of wa,y was shifted to the north in order to allow Por a buildable site on Lot 6 across the street. Staff feels that if the petitioner is able to maintain aporoximately the sar.ie distance between the curbi.ng and the house setback that they would have no objection to the variance. Staff recoimnends that in as much as the lot to the east • is tindeveloped, a house could be placed on the neighboring lot which would not restrict the view of the petitioner. MOTION by Mr. Barna� seconded by Mrs. Gabel� to accept the Adriinistrative Report. Upon a voice vote, all voting �ye, the motion carried unanimously. Mr, 0'Bannon stated that he was the developer of the Kerry Circle area� and showed the Board a photograph of the lot and a map of the lots on the cul-de-sac. He sai.d he was asking to move the house up so it would be a little more in line with the other houses and still put two cars in the drivew�y. Mr. Barna said he vas out to the area today and £elt there was approximately 25 feet from the curb to �arage. Mr. 0'Bannon said he thought it was more _ like 35 - �SO feet. Chairvoman Wahlberg asked ii the land s2oped away in the back, and Mr. 0'Bannon replied it did not� only about three Seet at the most. She asked if the basic reason for moving the honse forward was continuity �rith the rest of the houses, and Mr. O'Bannon said it was. MOTION by Mr. Barna� seconded by Mrs. Gabel, to close the public hearing. Upon a voice vote� all voting aye� the motion carried unanimously. Chairwoman Wahlberg asked Mr. Aolden if a normal 35 foot setback would restrict � t,he aeighbor's view, Hr. Holden replied it uould be possible for them to set a house back�far enough. He stated that i.n resnect to I.ot #6 whiCh had been moved in closer, staff felt it could be kept the same distance (house to curb) FRIDLEY APPEALS COMMISSION MEETING OF AFRTL 27� 1976 - PAGE 6 ?s end felt there really wouldn't be much of a problem in maintaining a'site line for both. the houses. He said it wou3d be possible to build the house at 35�, • but the back yard would be upset. He added that he thought the request for variance was reasonable. ChairWOman Wahlberg asked if vhen the staff discussed the existing Lot #b the street circle aras ihe circumference that was originally planned� and Mr. Holden replied that assuming the survey of ihe house to be correct� either the street had not shifted as far north as was expected or the radius has changed. Chairwoman :•lahlberg said that because of the shape of the lot and the aesthetics involved� she felt it would need a variance of some sort, MOTION by Mr. Barna, seconded by TTrs. Gabel, to grant the variance as stated. Upon a voice vote, all voting aye, the motion carried unanimously. 3. A REQUEST FOR A UARTANCE OF THE FRIDLEY CITY CODE AS FOLL047S: SECTZON 205.U53, ��, TO R�UCE THE SIDE YARD SiTBACK FROM T�iE REQUIRED 10 FEET TO 6 FEET, TO ALIATn� THE CONSTRUCTIOId OF A HOUSE AND GARAGE TO BE TACATED ON LOT 1, BLACK 3, A� �OSE ADDITION, THE SAt�ir, BEING 6270 RNERVIEW TERRACE N.E., FRIDLEY, MIh;dcSOTA. (REQJEST BY 2•L4. A. C. AiATTSl1N, 189 RIVER EDGE WAY N.E. � FRIDLEY, MIidNESOTA 5��32� MOTION by Mr. Barna, seconded by Mss, Gabel, to open the public hearing, Upon a voice vote� all voti.ng aye, the motion carried unanir.iously. Mr. Mattson approached the Board, alang with Mr. and Mrs, I,eRoy Winner, owners of the 1ot to the south. • ADMINI5TRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, �tB, side yard setback of 10 feet. Public purpose served by ihis section is io maintain a minimum of 20 feet between living areas in adjoining structures and 15 feet between gasages and living areas in adjoining structures to; 1. Reduce exposure to conflagration of fire between structures and, 2, To allaw for open areas arovnd residential structures to maintain aesthetically pleasing surraundin�s. B. STATE HARDSHSP: Lot is not wide enough for proposed house plan. C. ADMINISTRATNE STAFF i?r,"�IELJ: The survey submitted with the proposed house drawn to sca2e on it shows only 6 feet of clearance to the north lot line and 5 feet of clearance to the south lot line. The 5 foot setback to the garege is zrithin Cit,y Code. The distance irom the proposed house to the e�cisting garage on adjoining property would be approximately 16 feet, Due to the fact that there is adequate lot width and depth, the staff fee2s that a house could be designed to fit the side yard setbacks of the City Code. MOTION by lir, Barna� seconded by Mrs. Gabe�� to receive the Administrative � Staff Report, Upon a voice vote� a12 voting aye� the moiion carried unanimously. FRIDLEY APPEALS COMMISSION MEETING OF APRIL 27� 1976 - PAGE 7 ,; 4 ZSr. Hattson showed the Commission photographs of the lot� his proposed house � plan and the survey of the lot, Be expla3.ned when he bought the property he uas told it was 89 feet cride� and learned later that it was 79 feet wide, He sai.d the house he wanted to build was too big for the lot, so he cut doz+n the si2e of the garage, He stated he �aould still hane the same distance between the two homes that is normally between houses, but he still needs a� foot variance on one side. He added that he had already sold his home at 189 River Fdge Way and had to move into a one-bedroom apartment until his nex home was ready. Mrs, Winner stated her concern that light would be cut off from her kitchen window when Mr. Mattson's garage was built. Afr. Mattson e;cplained that his garage would be 5' in front of their garage, so it wouldn't affect them at all; however, looking out to the street they would see the back of the garage, He explained there would be a storage space under his garage since diminishing the size of the garage had eliminated room £or storage. They had no further objeciions, Mr. Mattson said he had di.scovered the lot size when he apnlied for the permit, and didn�t vant to change the house size as he didn't know where to cut off 1� feet, Chainroman T�Jahlberg suggested a dif£erent house nlan� but T�r. Mattson explained the reason they sold their house and bou�ht this propert;� was because they really wanted this plan. He said they had already invested $20,000 in the lot, and a lot of time and effort had gone into designing this house. Iie stated if he couldn't get the variance he would consider putting a garage on each side of the house. � Chairwoman �dahlberg said that the lot was buildable and any house could be built on it that meets code� and this plan didn�t, She said the Co�nission did not necessarily make a hsbit of approving variances without the petitioner considering any alternatives. Mr. Barna added that two side yard'setbacks are required; on one side may be a gara�e and the other side must be livi.ng space, so t-Ir. Mattson raouldn't be able to build a gara.ge on �oth sides. He suggested to Mr. Mattson that he either cut down the garage or consider another house plan. Chairwbman Wahlberg stated �hat the basic idea was to allow 20 feet between living areas in adjoining structures and 15 feet between garages and living areas in adjoining structures because of £ire hazards. She added that her main concern sras the fact that a 79' lot is buildable without variances, and there are floor plans that would fit, Mr, Mattson answered that his-home would be no closer than those in the rest of Fridley and xouldn't be a fire hazard because he still had the 16 feet, and he added that his neighbors didn't object. MOTION by Mr. Barna� seconded by Mrs. Gabel, to close the public hearing. Upon a voice vote, all voting aye, the motion carried unanimously. Chairwoman Wahlberg stated the Sta.££ Report suggests ihat perhaps an alternate building plsn cou�d be drawn which would meei the City Code, however, the petitioner stated he feels he has had this plan for some time and was unaware the lot was actually 10 feet smaller that vhat he originally thought it to be� and he feels he has a considerable amount of money invested in the lot and the plan and would like bo build as proposed. � n� , o FRIDLEY APPEAIS COMhfISSION MEETING OF APRTL 27, 1976 - PAGE 8 Mrs. Gabel said she had two feelings on the matter: 1) She didn't like it because • the lot is definitely buildable and there are plans that wou7.d fit on this lot, and 2) She stated if she had $20,000 invested in it, had the plan for some time, and originally believed the lot was larger� she would want the right to build� too. Mr. Mattson suggested he build a one-car garage, but Chairwoman Wahlberg said she didn�t feel that would be the solution as with that price-range house there should be a double garage. Chairwoman Wahlberg asked Mr. iiolden if the staff was aware of the amount of time the plans had been.considered or that the original owner misrepresented the size of the lot whem they wrote the Administrative Report. Mr. Holden replied that the misrepresented size had been considerefl, but not the amount of time and money thai had already been invested in it. MOTION by Mr. Barna, seconded by Mrs, Gabel, to grant the variance, taking i.nto consider.ation the placement of the garage, Chairwoman '+lahlberg stated that from a philosophical standpoint they had a problem before ihe Board which was difficult to solve� and she appreciated the petitioner's particular problems in discovering the lot was less than he anticipated it was, However� she said� this has come up in the past and the Commission has encouraged petitioners to go back to the drawing board and try to meet the code� because it has been written as a protection for all citizens. 5he added that since the lot would be buildab2e with any other plan, it is unfortunate the petitioner � does not feel he could change his plans. Upon a voice vote, Mrs. Gabel and A1r, Barna voting aye, Chairk•oman Wahlberg voting nay, the mot3on carried 2- 1. Mrs. Wahlberg informed Mr. Mattson that this would now go before the City CoUncil for review on May 17th. !t, A REQUEST FOR A VARIANCE OF THE FRIDLEY SIGN ORDINANCE AS FOT.IAWS: SECTION 21lt.OS3, 7J TO REDUCE THE SETBACK FOR A SIGN FROM A PROPERTY LINE, FROM TFiE BEQUIRED 10 FEET TO 7 FEET� TO ALTA'r1 THE ERECTION OF A FREE STANDING SIGN TO BE TACATED ON IATS 2 AND 3� BIACK l, LAMPERTS ADDITION� THE SAME BEING 10l10 OSBORNE ROAD N..E.� FRIDLEY� MINNESOTA. (REQUEST BY FRIDLEY V.F.W. POST #363� lObO OSBORNED ROAD N.E., FRIDLEY� MN. 551�32.) MOTION by Mr. Barna, seconded by Mrs. Gabel, to open the public heari.ng. Upon a voice vote� all voting aye, the motion carried unanimously. Mr. Dick Mochinski approached the Board as a representative of the V.F.W. ADMINISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 21lt.053� 7� "No part of a sign shall be trithin ten (10} feei of any property line", B. STATEU HARDSHIP: By pushing sign back the 10 feet� it would limit parking � needed. The existing structure setback limits available room £or driveway area width and parking stalls which are required for the building, ,�,ERTDLEY APPEALS C�fMISSION MEETZNG OF APRIL 27� 1976 - PAGE 10 j • OF A SECOAIA ST(3RY ONTO AN EJ(ISTING NON-CO]VFORMING STRUCTURE LOCATED ON LOT S AND b� BIACK 18, FRID7.EY PARK ADDITION� THE SAME BEING !t0 - 621-�'�1AY N.E.� FRIDLEY, MINNESOTA. (REQUFST BY MR. RAYMOND K. HUMANN� �t0 - 621� WAY N.E.� FRIDLEY� MINNFSOTA 55432.) MOTION by Mr. Barna, seconded by Mrs. Gabel� to open the public hearing. Upon a voice vote� all voting �ye, the motion carried unanimously. Mr. Humann approached the Board to present his request� and showed them photographs of the house and lot and a survey of the lot. AD142NISTRATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY RE2UIREh1ENTS: Section 2Q5.053, �B� side yard setback of ten (10) feet, Public gurpose served by this section is to maintain a ninimum of 2Q £eet between living areas of adjoining structures and 15 feet bztween garage and living areas of adjoining structures to; 1. Reduce exposure to conflagration of fire between structures and, 2, To allox £or open areas around residentail structures to maintain aesthetically pleasing surroundings. B, STATED HARDSHIP: Family of 5 needs more room (bedrooms). C, ADHINISTRATIVE STAFF REVIEW: Staff ineasurements show 22 feet between the house and the neighbors garage to the east. The house appears to be 8 • feet from the fence which is assumed as lot line (survey not available at this tir�e). In that the neighbor to the east has no objection� staff would recommend granting the variance. Mr. Barna said he questioned why this was a non-conforming structure� and Mr. Humann explained because the lot line on one side vas 8 feet. P1r. Humann stated he would have to remove the whole roof section to do what he �ranted to, and would have the dormer section towards the front of the house. He said he would on2y be expanding up, not out� and had no intention of putting an overhang on tne house. He added that he now had iwo bedroons with three boys, and one was sleening in the basement. The upstairs would contain two bedrooms; a 12 X 12' for iwo of the boys� and a 10 % 18' for the master bedroom. He explained that it would look like a tuo-story house from the £ront� and would look the same in the rear. Chairwoman Wahlberg noted that Bernetta Jensen of 30 - 62� Way� N.E, had signed an agreement of approval. MOTION hy Mr. Barna, seconded by Pfrs, Gabel, to close the public hearing. Upon a voice vote, all voting aye� the motion carried unanimously. Mr. Barna stated that there seemed to be enough room between the txo houses, and he felt the only problem was the unlmown lot line� but he had no objections. Chairwoman Wahlberg said that the new survey seemed to confirm the lot line, goin� by the fence. � MOTION by Mrs. Gabel, seconded by Mr. Barna� to approve the variance request� with the understandinR that the existing structure be included in the variance. Upon a voice vote, all voting aye� the motion carried unanimously. ��,.- � R; FRIDLEY APPEAIS CONfMISSION MEETING OF APRIL 27� 1976 - PAGE 9 C, ADMINISTRATIVE STAFF REVIEW: StafY measuremenis show the building to be �' setback 53 feet from the front lot li.ne and 40 feet from a proposed landscape island. This h0 foot area is needed to supply .adequate parking for the building. If the sign is moved back to the 10 foot setback point, a total o£ possibly 1x parking stalls would have to be eli.minated to ma3ntain adequate driving width between the sign and the parking stalls. Building the sign wi.th the seven (i) foot setback leaves only 2 feet from the brick sign base to the curbing in the parking area. Staff feels that the sign should not be moved back closer to the curb than the txo feet, as this creates a driving hazard. In as much as there are not any similar signs in the area and the sign will be sethack approximatel,y 18 feet from�the street side curb, staff has no objection to this variance being granted, MOTION by Mrs. Gabel� seconded by Mr. Barna� to receive the Administrative Staff Report. Upon a voice vote, a11 voting aye� the motion carried unanimo�sly. Mr. Mochinski stated he wished to erent a brick wall with aluminum letters s�Yi.ng ��V.F.W. POST 363", �ich would be illuminated during certain hours. Chairwoman ti�7ahlberg informed the Board that this was part of the up-grading that came through some time ago. She said that in addition to this sign� on the front of the building there is the V.F.W. sigm also. She asked Mr. Mochinski i£ he felt the sign would be p�one to damage� especially since there was a schooi nearby, and he said thai was why the,y chose cast-aluminvm letters. � 4 Mrs. Gabel said she �,�ondered if tttis advertising was necessary� and Mr. Mochinski said the V.F.W, wanted to identif� Post 363. He said they had a choice of several things, but felt the brick wall would help clean up the area. He stated he was ' trying to keep both the V.F.W. and the city happy, and showed the Corunission where the green areas would be on the d3�gram. Mr. Barna questioned what would be done with the snow that is piled up in back, and Hfr. Mochinski said the V.F.W. would pay £or snow removal to haul it out. MOTION tay Mr. Barna� seconded by Mrs. Gabel, to cZose the public hearing. Upon a voice vote� all voting aye� the motion carried unanimously. Mrs. Gabel said she was glad they were cleaning up the area, and since this appeared to be a gleasing sign and conforms to code� she wouldn't have at�y pbjection. MOTTON by Mr. Barna� seconded by Mrs. Gabel, to grant the variance. Upon a voice vote� sll voting sye, the.,motion carried unanimously. Chairvoman Wahlberg informed Mr. Mochinski that this would now go before the City Cotzncil on May 17th. 5, A REQUFST FOR A VARTANCE OF THE FRIDlEY CITY CODE AS FOLIAWS: • SECTION 205.052� itB� 'PO RE1?UCE THE SIDE YARD SETBACK FROM THE REQUIRED 10 FEET TO APPROXIMhTELY 8 FEET (NO SURVEY AVAILABLE AT THIS TIME) TO ALIAW PHE ADDITION _ _.. _ _ ...�� FRIDLEY APPEAT.S GOMMISSION MEETING OF APRIL 27� 1976 - PAGE 11 � ITEMS FOR DISCUSSION FROM THE PLANDIING COMhfZSSION: Chairwoman Wahlberg informed ihe members that the Community Development Cormnission was going to set up a SiE;n Ordinance Project Committee, and when the concept first came before the Coimnission she suggested that a member of the Appeals Cotmnission should perhaps serve on that oo�mnittee because of the fact that the Board of Appeals has gons through a lot of the sign ordinances in the past year or so. She explained what they intende3 to do was have several citizens serve on the coR¢ni.ttee a2ong with members from the business community� Chamber of Cormnerce� League o£ Women Voters= people from the s�gn companies� etc.� to try to get feelings from various perspectives as to what our sign ordinances should be. ' �� U Mrs. Gabel volunteered to serve on thai commi-ttee� and Chaizwroman IJahlberg said she would submit her name. Chairwoman 47ahlberg told the Commission that the Yoath Project Committee haa hadngone back and rae orkedeth ir proposalmand wentnbeforedtheuHuraan Re ources Commission with their final Teen Center Proposal. Mrs. Wahlberg read aloud the following proposal of the Youth Project Committee: S9[IERF,AS� over �3% of Fridley's population is under 18� and WHII2EAS, Fridley does not have a center for its youth, and WHEREAS� our survey shows that most of Fridley's youths want a teen cenier� We the members of the Fridley Youth Project Committee recormnend that a temporary youth center be established in the Fridley Civic C�heeP�kseand prefer that it be located in the room presentl,y occupied by Recreation Department. Iiowever� if this i�he library le, onr second choice is the roorn that was formerly occupied by This youth center should have a temporary board of directors consisting of six regular members and two ex-officio members. Regular members sha11 be appointed by the iollowing groups: one by the Fridle,y City Council; one by the Fridley Planning Commission; one b}* the Fridley Human Resources Commission; and t�ro by the Fridley Youth Project Corrunittee. �e the�F�icile member shall be appointed by the Fridley City Council and one by Y Police Department. The temporary board of directors should serve for not more than 3� da,ys during which time they will xrite the charter, establish the interim rules for the youth center and facilitate the election for regular members to the permanent board, The appointed ex-of£icio members will also serve on the permanent board. Administratively, the youth center will be under the auspices of the Parks and Recreation Department who will assign staff to supervi.se and carry out the guidelines established by the board of directors. Cha;rwoman.Wahlberg said the Hvman Resources Commission 8PPrthedYouthrCenterion and asked the City through the Planning Conmiission to bring wader the suspices of tha Parks and Recreation Department. �� 9 FRIDLEY APPEALS C01�hfISSION MEETING OF APRIL 27t 1976 - PAGE 12 Chairxoman Wahlberg said that another item that came up at the end of t.he � Planni.ng Commission meeting Was the Goals and Objectives of the Parks and Recreation Department� which is being called Human Development, She siated there were five goal areas that the city would consider� and most of them vere approved in concept but it was felt some of them covld be i.ncorporated together. Mr. Barna stated he would like to discuss the code requirinp, garages for new structures. He said he felt the energies required to build the garage and heat it were going against the environmental standards. He suggested a carport could serve the purpose as well. � Mrs. Gabel said it would be nice for the homes to have more living space� but she felt there would come a time when the o.mer would request a variance to build a garage since he might have irro cars, a need for stcrage space� etc. Chairwoman Wahlberg said she did not agree with t•1r, Barna's statement because she didn�t think most garages were heated, and she said the argument from an eavironniental standpoint didn�t hold because the addi�ional part of the home wonld need just as much resource and energv. 5he added that she thought visual pollution tirould be created by carports because the siorage space would be exposed. Chairwoman Wahlberg brought to the Board�s attention page 205-10, numbers 3) and l�) at the top of the page in the City of Fridley�s Zoning Ordinance� and asked Mr, Holden iF he could have someone clariPy the difference between a single family • dwelling unit of a split Ievel design and a two stor•,{ dwelling unit of split entry design £or the next meeting, rir. Holden sug�ested ii there were t?tree ehtries; split Ievel� sp7it entry and split £oyer, it would be easier to categorize. Chaarwoman Wahlberp said she had heard that some time i.n the future all the zoning ordinances would be reviewed and updated� and possibly re�ariten. ADJOURTdi•9Ei1T: Chairwoman Wahlberg adjourned the meeti.ng of the Appeals Commission at 10:lt6 p.m. Respectf�zl.ly submitted� �,�: a��«,.;,,,,c°.P Sherri.O�Donnell Recording Secretary �� , .>�� 2 '� OFFICIAL NOTTCE - �` CI7Y OF FRIDLEY �� Q � � � n� PUBLIC HEARING 2 5a l�'� � BEFORE THE --PLANNING COi�1MISSION � TO WHOM IT MAY CONCERN:_ a Notice is hereby that there ��ill be a Public Hearing of the Planning Commision of the City of Fridley in the City Hall at 6431 University A�•enue Northeast on l7ednesday, May 5, 1976 in the Council Chamber at 7:30 P.M, for the purpose of: Consideration of a rezoning request, ZOA #76-02, by Robert D. DeGardner, to rezone the 5ooth 150 feet, front and rear of Lot 9, and the West 47 feet of the South 120 feet of Lot 10, Auditor's Subdivision No. 88, from R-3A (apartment and multiple dv,ellings district) to CR-1 {general office and limited businesses), all lying in the South Half of Section 13, T-30, R-24, City of Fridley, County of Anoka, Minnesota. 6eneral1y located at 6431 Nighway #65 N.E. Anyone desiring to be heard with reference to the above matter may be heard at this time. Publish: Aprii 21, 1976 April 28, 1976 RICHARO H. NARRIS CHAI RMAfV PLANNING CDMMISSION : � . • 0 �� PLANNING AND ZONINC PORhi NUP1I3IiR A � %(o-DY APPLTCAN9''S SIGNATURE . N. �� Address �5�a3 8 �%Mdv�1�T Ql/l . /Uo.�NJPLS Telephone Number v` �� %- 9�SC� l PP,O^E^TY C!9::�R'S £IG":ATUR.''-. /}� �w. � a "L/l.f�/ltl�/ Address S�oZs _�/y%/,�i OL !� T�i�� y//��-5 .;�. � .� TYPE OP REQUCST �_ Rezoning Special Use Pen,�it Approval of Prcmin- inary $ Pinal P1at Streets or Allcy Vacations Other Telephone Nu�rber :5�� - e� e� , �� I / Fee�aeceipt Ao. p �- �07 � Street Location of Property �y� ��,,(/� O/ =l � 1 C�z.�a�' ��, � Legal llescription of Property Present 2oning Classification �l '" 3_ Existing Use of Property Z'�-'�`�`�`Z Acreage of Property .�� 5� � Desexibe briefly the yroposed zoning classification or type of use and improvement proposed ��ir�� `�i�'� �� '� � Has the present applicant pxeviousiy � variancc or special use permit on tl�e R7iat was requested and when? � sought to rezone, plat, outain a iot spiit or subject site,or part of it? yes�_no. The undcrsigned understands that: (a) a list o£ all residents and owners of property ' �aithin 300 feet (350 feet for rezoning) must Ue attached to thi.s application. (U) Tliis application n;ust Ue signed by all owners of the property, or an explanation gi.ven iahy this is not the case. (c) ResponsiUility for any defect in tlte proceedi�igs resulting from the failure to list the names and addresses of all residents and property o�aners of property in question, belongs to the undersigned. A sketch of proposed propesty and structure must be drawn and attached, showing the following: 1. \orth Direction. 2. Location of proposed structur.e on T.lie lot. 3. Dimensions of property, proposed structure, and front nnd si.de setbacks. 9. SYreet Kames. 5. Location and use of adjacent existing buildings (within 300 feet�. 'I'hc undcrsigned hereby declares that all tl�e facts and representations stated in this application arc�true and correct. - DATC: ^ /JS'�/�7(o SIGNATUI:E , u,� �1 ' ) °��— (AI'PLICA�'!') llatc Piled Datc of Hcari Plmming Commission Approvcd (Jatcs) . Ucnicd City Council Approved (dates) Denicd, . . . ,--- • ... . � - - �_ � Planning Comnission 4J2�1%76 '��";� City Cou�cil MAILIN6 LIST ZOA #76-02 ROBER7 DEGARDNER Robert De6ardner Mr. & Mrs. Arthur G�roinus 5238 Humboldt Avenue North 6431 Taylor Street N.E. Minneapolis, Mn 55430 Fridley, Mn 55432 Lois M. Johnson E489 Ta�lor Street N.E. Fridley, Mn 55432 Mr. & Mrs. Richard Tollefson 6473 Taylor Street N.E.. Fridley, MN 55432 Mr. & Mrs. Eugene Lane 1132 Mississippi Street N.E Fridley, Mn 55432 Mr. & Mrs. Richard Kandel 6435 Highway #65 N.E. ,Fridley, Mn 55432 Mr. & Mrs. Louis Momchilovich 3030 Harding Street N.E. Minneapolis, Mn 55418 , Mr. & Mrs. Ludwig Ask � 440 Dellwood Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Neil Stuber 6452 Dellwood Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Russell Burris 1150 Mississippi Street N.E. Fridley, Mn 55432 Mr. Stephen A. Kachina 6476 Dellwood Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Michael Nieman 6451 Taylor Street N.E. Fridley, Mn 55432 Mr: & Mrs. Harvard Oberg 6447 Taylor Street N.E. Fridley, Mn 55432 � Dorothy N. Mahurin 6378 Dellwood Drive N.E Fridley, Mn 55432 Mr. & Mrs. Alfred Ke11s 6400 Pierce Street N.E. Fridley, Mn 55432 Mr. & Mrs. Robert Tourville 6379 Dellwood Drive N.E. Fridley, Mn 55432 Mr. Joseph Sruneau 6391 Dellwood Drive N.E. Fridley, MN 55432 Mr. Roger Bougerie 6401 Dellwood DRive N.E. Fridley, Mn 55432 Mr. & Mrs. Lawrence Virden 6413 Dellwood Drive N.E. fridley, Mn 55432 Mr. & Mrs. Paul Olson 6425 Dellwood Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Vernon Smith 6437 Dellwood Drive N.E. Frid).ey, Mn 55432 Mr. & Mrs. Warren Hesselroth 6421 Taylor Street N.E. Fridley, Mn 55432 Mr. & Mrs. William J. Miskowic 6407 Taylor Street N.E. Fridley, Mn 55432 Arnold C. Elmquist 1060 64th Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. John Carland 6416 Dellwood Drive N.E. Fridley Mn 55432 Mr. & Mrs. 6eorge Comiskey 6390 Dellwood Drive N.E. Fridley, Mn 55432 � ZOA #76-02 ROBERT DEGARQNER Mailing List Page 2 . Mr. & Mrs. Gerald Long 63.66 Dellwood Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Car7yle Mathson 6343-47 Highway #65 N.E. Fridley, Mn 55432 Mr. & Mrs. Leonard Jacobson 6379 Highway #65 N.E. Fridley, Mn 55432 � Robert N. Conley 6393 Highway #65 N.E. Fridley, Mn 55432 Paul L. Sanden 6417 Highway #65 N.E. fridley, Mn 55432 � • ---�A __._ " � - - — --iD : i :1 ,, . . - ,a�—;. n�- --�— co:uNZY; s��,r� -�ir� �t-ilGHIVAY �d0� f �:.: a y,� . ��. ( t , :, � .� ': � c: �uo ,ro ,.�_ �� . 1.»C) � I 1 l+7Cj rT3r) 4 o ' IJ �%S �' 7S � e �as.s� ;! 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Y4ti fY, - '� . ..� .__ _iF.'.__. .' __ !o• � ��C. lu ��Y��..,_ .i , 1 ., . �� Y , _— _ __ . ` � j¢ �. '�/ � �L , � '� -3 e �; �� : ,; t`� F— --i•r.� � _ _i;,.r _ - , °,-` 1 `�� j �4y . �v ' � �' � �L. P'i t'� � �� , � z i � ef Q A �lo �,�`•t! f�. � _.r/,e.�.�-'—'''-_-- "°1.`--'- Ci.¢ �,::":Y;- 4 � •� ��_ L•� • V( i /�i r r..J ?, � V l0 • • �r� • . . . . . - .. . , � . // 1� i . ��i"iJ'i:� 1 P'Fj Sf��f)��rp> �-rj�i � f�'..=_Cl '��r I 1- �f /�iE f ol..a"} t�d if�'� �� `�' � � ./:�: .:..s a"�,. � � � �a ��✓l: u: r ..s , , 7 ��;,4 `° :< , �t /O ;' . p • Ri �"•'�s; y : �� '' ` ..�s. i�f�S :[��i ' � j Y • ! [� �� n.J "��_ ' i � 4 � i� 'M1 CJ , 4 `/ , � e � ~ V. � / ? ♦ . _ r.. � ., �' •.;.' ,.\ , : � .. �.:�. , . .. ... _ '' . !',..: � � �..,- � - -r � j'� ;U?i �fl:. . .... . . _.... '• � . °' � - ,. ! t ' , . , ,.- , ,Q �F I "NII� j �, ' .� 1 F`6'i`�t iC. r L � ' � � � ,. ;�,,'. i' p � . tiV r .a �'L? ' '��.� ;1 .✓, :, b -. . � � � ,r . �... �:.. J •. r " . =,:•_ '--�.',, -� �A��7,� : .t . : �'� ,� � w � ,, ; � NUU.' �.'� :�� , . .r�.r '� '�` I `�; �� , y t u � I,; , � .. ; . �'•�•` . ��: ; ► I! � ; i �i ! ! � ,�, O/ `_$ � � '� � �4 � � �`�, . ( s- .?r `� _ � ZOA #76-02 R�BERT D. DEGARONER f.,•.�i AUD1iORS � ;t V ,� : ; ; O� ' � ' � • h'�. �j' ,. :`*'' �' 1 ` • I �' , i � �.��.� ; . r ��. ; � 6 �� a 70 WHOM IT MAY CONCERN: ' �� OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE PLANNING COI�IMISSSION Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue {Jorthsast on Hlednesday, May 5, 1976 in the Cotincil Chamber at 7:3D P.M. for the purpose of: Consideration of a preliminary plat, P.S. N76-04, Heather Hills Third Addition, by Mike E. 0'Bannon, being a replat of Lot 23, Auditor's Subdivision No 22, that was not already platted as Heather Hills Second Addition, all lying in the 5outh Half of Section 13, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located South of Heather Hills Second Addition, and West of Rice Creek Estates Secand Addition. Anyone desiring to be heard with reference to the above matter may be heard at the above iime and place. -.Publish: April 21, 1976 April 28, 1976 RICHARD H. HARRIS CHAIRMAN PLANNING COMMISSION � . _ , .__ . ___. . _.. ..._._�._._.._ .. ..._.+..___ _.._._._�.. __. . . ... _-�..-„ CI'1'Y OF I�RI[1LEY MINNHS09'h PL(WNTNG AND ZONING 1�ORM NU�73CR ..��76;D�- --- APPL7CM17''S SIGNA7'ORC � Address �� ' . . �� TYPE Of REQUGST Rezoning SpeCial Use Pennit Telephone P�umber ,�7 %l /�J �'S _� ApProval of Prc:nin- inary F; Pinal Piat PROPCRTY a4VNCR' S SIGt.ATUR�� (/ �Ul�� Streets or Ailey ��C��1�1� /�� Vacations Address �� 7/ �S O �`�_ o��r Telephone Numbcr ,�O• � Fee�� Receipt Ao.�.�l,�_ Strcet Location of Property Le�al Uescrigtion of Property��r��"' �� . � � � �'y _ �/ t Aresent. Zoaing Classification ��__Existing llse of Property /��U Acreage of Property Describe briefly the proposed zoning classification _ n ,> i _ _ a or type of use�and improvement proposed Has the present applicant Previously i' variance or special use permit on the / 14hat iaas rec;uested and t�dien? �� ,L�2L✓ �2;� Q.o� d a.�'' saugi�t to reza:ie, plat, obtain a lot spli.t or subject site or part of it? yes�_no. The undersigned understands that: (a) a list of all TeSidenYS and owners e£ property witliin s00 feet (350 feet for rezoning) must Ue �ttached to this application. (U) This a�iplication n�ast be signed by all o�eners of the property, or an exPlanation given why this is not the case. (c) Responsibility for any de`ect in the pracee3in�s resulting from the failure to list the names and addresses of all residenY.s and property-o��n�ers of property in question, Uelongs to the undersigned. A sketch of preposed property and structure must Ue drati.m and attached, showing thc following: 1. uorth Direction. 2. Location of proposed s'cructure on the lot. 3. Dimensions of property, proposed structure, anu front anJ side setbacks. 4. Strcet Names. S. Location and use of adjacc�it existing Uuildings (within 30u feet). 7'he undersigned herehy deciares that all the facts a.nd representations stated in this application are true and correct. �D DATC�� SIGNATURH�-�.. - (A}'I'LII.AN 1) . � Date Piled L�atc of Hcari Planning Commission Arprovcd � CiCy Council Apyroved '(dates) Deni^dV (d:rt es) Dcnicd _ � • � MAILING LIST P.S. #?6-a4 HEATHER HILLS 3rd Addition Mike E. 0'Bannon 5298 Fillmore Street N.E. Minneapolis, Mn 55421 Edwin Dropps Pinetree Builders 8415 Center DRive. Minneapolis, Mn 55432 Mr. & Mrs. William Denker 6190 Rice Creek Drive N.E Fridley, Mn 55432 Mr. & Mrs. Robert Osman 1431 Kerry Circle N.E. Fridley, Mn 55432 Mr. & Mrs. James Skog 6274 Ben More Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Daniel Schumacher 1410 Kerry Circle N.E. Fridley, Mn 55432 Mr. & Mrs. Bruce Anderson 1430 Kerry Circle N.E. Fridley, Mn 55432 Mr. & Mrs. Thomas Brickner 6245 Ben More Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Russell Alberg 6236 Kerry Lane N.E. Fridley, Mn 55432 Mr. & Mrs. Larry Morford 6235 Kerry Lane N.E. Fridley, T1n 55432 Mr. & Mrs. Roger Arel 1521 Ferndale Avenue N.E. Fridley, Mn 55432 . Mr, & Mrs. Charles Rice 1541 Ferndale AVenue N.E. Fridley, Mn 55432 � Planning Commission 4/21l76 Council Mr. & Mrs. John Peebles Route 1 Clear Lake, Minnesota 55319 Mr. & Mrs. Douglas Bannchie 1511 Ferndale Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. Larry Lembke 7505 Ferndale Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. Bonnie Fater 6096 Woody Lane N.E. Fridley, Mn 55432 Mr. & Mrs. Walter Rydberg 6127 Woody lane N.E. Fridley, Mn 55432 Mr. & Mrs. Douglas Ramseth 6125 Woody Lane N.E. Fridley, Mn 55432 Mr. & Mrs. Wayne Welch 6115 Woody Lane N.E. Fridley, Mn 55432 Mr. & Mrs. Edward Horsmann 6105 Woody Lane N.E. Fridley, Mn 55432 Mr. George Lohmer 6045 Woody Lane N.E. Fridley, Mn 55432 Mr. & Mrs. Raymond McAfee 1360 Nillcrest N.E. Fridley, Mn 55432 Marjorie D. Johnson 1358 Hillcrest Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Oscar Haugen 1356 Hillitrest Drive H.E. Fridley, Mn 55A32 Mr. & Mrs. Joseph Schierl 1354 HillcreSt Drive N.E. Fridley 55432 �k� �� P.S. #76-04 Heather HILLS 3rd Addition Ma,iling List Page 2 � Mr. & Mrs. Klaydon Anderson 1352 Hillcrest Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Hans Meyerhoff 7350 Hillcrest Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Richard Kinsman 1348 Hillcrest �rive n.E. fridley, Mn 55432 _ Mr. & Mrs. Clifford Lund 1356 Hillcrest Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Earl Hansmann 1344 Hillcrest Drive N.E. Fridley,Mn 55432 Mr. & Mrs. Neal Jenewein 1342 Hillcrest Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Eugene Henkel � 130.0 Fiillcrest Drive N.E. Fridley, Mn 55432 Mr. & Mrs. 6erald Larson 1345 Hllcrest Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Charles Hanson 1344 Hillcrest DRive N.E. Fridley, Mn 55432 Harold & Merle Thompson 7351 Hillcrest DRive N.E. Fridley,Mn 55432 Mr. & Mrs. Owen LeKander 1353 Hillcrest Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Reuben Watlov 1355 Hillcrest Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Randolph Larson 1357 Nillcrest Drive N.E. • fridley, Mn 55432 �9 i i � ,�i,�.. . � . � . p � ��` � � � � . .. ., . ., .; ,, ' - b ; • ►; . .� /-� i I 1 .�r.�'>+•c a� • ; , ,r I. ,� � ;...•� ; ,:c, , � ., „ � : . w J�ti� � . I t.�1n:' . � �.a/ •. 1 "I . � .9Sn ,� � .6' • y ( :�v< � J,��1, �.. ., /7 i '. � I I '� R� �_� �4� a�J�yv� Ci �: �,. •�. �,(� n . � i i � � • J e� � r . ,+ .. h , r t ' r ,� . ; � ,�st6, • � '� , i ��j �� ,,,, �I � ,; -.Y. j/� •��Sl:,.� - '', • ,`,�f/ j —___� � . � . , ,/r ,�ls' a/��...--�— � }"y I . L,� PRELIMIT+17�RY"PLAT, P.S. #76-04._ ' C� � r�. •��.,�..., ; ti k ,kEATHER NILLS 3rd Addition �.� , V , .; �,, /.;,�:� ;MTKE �0'B�rin6n ��:� ; �.y�. ,j 4�� , , ,� _t• , � L � ---3.�� ;' . ; f ir. .`.. ' ` . a : . C - ' .,. , _.._ . . , j .s y ' . ,< ' (.s-yt o' _ . i �, ' - t` � �. , , •� ___._.-' . . •.. ,. • � . . . : _ �, -RIG�' �,. C;;-i �E;: RO^,� ,: , , - �t� � �— �. - _ ,. � '� ' ' (i.� � i' � �D. - -- — _ .- --� ' � - ��' �y. , ;,> —r..�---y,:�=—�r : - . �-.�---_--•----,_ j.'..r� , �: . . _Vt . ..t� I h �.I i , ' . � ,� ..f.. ?-ya _ N_ _ ..'.� .,__ .. Y i� .. 1 � /2lrbJ L� �i:..-�) �.�i.) i �.F�.) x �- � �e � �.r,., � � , , -,�.,�.« � � +�. �- f .- �' � .,.._ w � � . > .dE„�� -' 4 ; �� --l-�^�— -- , . <,� `'i � �' � 3 . . i .,vi r25:_ � � , ' \ � _i � . � t . �0 r/✓r d,:'t .r, .• o . � � � �� .. � ,. H. i 8�904 —_ . � . `..' "� ; V � ' ._. _,�a9 , i =f`-'•��j z ,,.r � , - - cz� ` - , _ , r. : k.. �� , l� ." . s ('��i�! :�y 1 �2G!%c7 � $; �l�i . ' � ' » y�-±_ ._. ___ 'V � % w. ti �. .. . � . ,. ..� 7 f � �� `a �/C �. f Z ',� (e � ... ------- i .�� , �•'° Y 2 G _ � '',-- _ .__ _ 1 � "'i ; � _ �. — � ��. { �, (��F.,, `; z� :I « . W •- �� "� / 1 ,} .r n.. � --- Y - — e � _ {: � o� – — –_.�--_ ) , �: �: ;,..> >i ,. , 7 �. .. . �„ °� '` � '� - � �16 a �._:�n ... `�' � .. \ � _;.. rFt.. } li�/ v � �� --+_ ' -. ' . ' - 'j.0 1 L.. .�'. J: 4 � L),ni j/... �� . �'� :, <, ,., ,�,,y, ,�, h. '�� I v� i:.. a�° :.•''l' 6 e:.. .. G� ` � � �':, � � ; ��o; ' � • j s;. i� _. .� �.. w . , �. �., �� ..,e. � !O ...� ''0 �Z 3 �-iia:.v `7 �aa , r�, ,. f ,.:: 6 •,' ��.�, �� . ; .�t '' CpY LA. , '�., 't_ 0 � � i �'! . ;+ ;:h �., r ' ./ �J r ' R •` s e -, ; '�'' % ,`:' ( `-: x - '' ' " •; t <., � . v ,7� `J ii- � .S p �` �' � . r ..Q ' y �� Y�, � : ��',e . -�.1t , ` : _" _ _?�° a vl�:'lE"R __.__ b �_ _ .`, S C. /.3 ' �-.� i7��:B � -- _ ----� r°r�•,�� ,. - 23 �. � �� o,�fl � �; . .1ti / ` , :;i � �� . � 602.01. Definitions 602. BEER � � � � Non-{ntoxicating malt liquor within ihe meaning ol this chapler shall be held lo be any malt liquor or beveroge which contains one-halt to one per cenlum or more ot alcohnl by weight. The wrods "prnhibition law" shafl � include any law or ordinance relating to the sale of intoxiwting liquor. (Ref. 74) \ � � 602.02. lfcenses: On Sale, Off Sale Licenses granted under this ordinance Shall be ol iwo kinds, viz: a. "On Sale" licenses shafV permil the licensee io sell non-intoxicating mall liquor to seated palrons lor consumption an the premises of the licensee describe0 in the �license. G. "Otl Sale" {icenses s�all permit ihe licensee to sell such non-intoxicating mall liquor in original packages nOt to be Consumed upon ihe premises described in such license. 602.03. License Aequired - No perso� shal� vend, dea! in or dispose ot by gift, sale nr otherwise, any non-intoxicating mall liquor withoul firsl having obtained a licensa to tlo so from Ihe Council. . 602.Q4_ Fees Every applicant for an "Oo Sale" license shali pay a Hcense tee for the sale of non-iMOxicafing maft tiquors From tap and in origina� packages or pottles. Each "On Sale" ficense shall include an "Ofl Sale" license zt no aGditional ezpense.� - The annual license tee and expiration tlate shall be as provided in Chapter it ot this Code. 602.05. M(nore No person shall sell or serve non•intoxiCatlng mall liquor to a minor. No minor shall consume, p�rchase orcause to be served any non-intoxicating mall liquor in fhe premises of any establishment licensed under ihis ordinance. (Ref. 47j . 602.06. Applicant - /+ - No "On Sale" licensa shati be issued to an applicant unless Oe'be ihe actual owner or proprietor of the� ptace � where �e ntends to sell such malt liquor. (Ref. 14) . 602.661. Dista�te NG ON-SAIE licenses shall be issued for any buitding, room or piace within 300 teet from any public or parochial school or any churc�, said tlistance to be measured in a slraight line from Ihe buitding in which such achool or church is conducietl to ihe main public entrance of the premises described in the application for ticense. However, this resiriction shal{ not apply to p�opertp properiy zoned for a license untler this Chapter when lhe location of ihe church-or school is established after January t, 1965. (Ref. 294) 6�2.07. Applteatian The application 1or a license shall be in writing, signed by the applicanl and filed with the Clerk. it shall stale the applicants }ull name, �age, occupation antl where�i has resitled tluring ihe year next precetling the date of iilinp l�e apA��cation; it shall also state whether or not the applicant is a citizen o/ the� United States. The application shall contain a full a�d complete description of the premises on whicA the business mentioned in application is.to be carried on in sa�d City and a receipt showing that the license lee has been paid inlo Ihe 1r sury ot said Cily s�all be attac�ed to such ap0licatio In case the applicant is noi granled a license, Ihe Ifc nse fee s�all be oh Gemand forlhwith retumed to {m NS'� \, . n.�\J,�UwA.�� V\~ J1 602.07 DeNnition Licenass:-On Sale, Olf Sale Ucense Required Fees Minors Applicant Distance Application 602-1 .. . ' . .. ' . E'� 7 bD2.08. Tronslar Licenses granled pursuant�tothis cAapte� are not translerable hom one�holder to another and in. case ot change o( ownership of the premises on wAich license has been granled lo sell non-intozicating malt liqvors; the new `�er must obtain a new license under tne provisions of this chaptar. No license may be transtesred to anoiher e witAOUt Council approval. 602.13 T�ansfsr 602.OS. InspecNon � ��pG� tnspeclion The premises named in any license shall at all times be open for i�spection a�d examtnation 6y an oliceman or the Heallh Authority of the City. 602.10. Hours �,�d'.<��:�' ¢S3[! Hours �2 In Ihe p�aces licensed to sell such non-intoxicating maH liquors, no sale ot non-inloxicating malt liquor shall be � �made belween the hours o1 one a.m. and eighl a.m. on any weekday Monday through Saturday inctusive./ Neither shall any safe of such tiquor be made on any Sunday between the Aours of one a.m. and twelve o'clock ��-�— - - -�. noon. nor between the ho rs of ne a.m. antl eight o'clock p.m, on Ne day of a y state �de ele tio (Ref. 507) It shall be unlaw�uZ �or any persons or customers, ot�er t�ian t�ie �licensee or his employees, t rema'n on,the premi�es after 3s35.A.M. T e shall be no consumption hy any � erson, �o2.�ti1. �evocauon incluSing the licensee an i employees, afer 1:3-5 A.M. evocaiion Any license greMetl hereuntler may be suspended by the Council � oul no the grantee or a he�arfng may �� --� ��—� '� ,• >� � be heid by 1he Council and revocation made for cause. An viola{ion of an� t� �` Y p provisi0n ondition of ihis chapter or any falsification of any stalement in lhe application shall be grounds for revocation. No rtion of the license tee paid into the CiTy Treasury sball be returned upon revocation. � . . 602.112. Prohibkion Law Violation '�� - The license of any person who shail be fou guilty of any violafion ot Ihe prohibition law, wfiether the of(ense be committed on the premises named i� � cense, or elsewhere, and tM1e license Of any person who shall have, keep, sell, manutacture or possess intozicating liquor at or upon the premises name din his license, contrary lo said prohibition law,.shall be revoketl by the Council. �t2. Non-Protit Organizations . Upon wrilten application Dy a non-Drofit orqanization, said application stating the name of lhe organization, its registered olfice within the State of tdinnesota, the names and addresses ot its principle officers and the description of ihe location and activity to be sponsored by said erganization, the City Council may grant on anU otf sale licenses, without See, for a period not to exceed 72 hours duration. The provlsions ot chapler 87, as applicable, shall be observed by said non-piofit arganizations. (Ret. 463) 602.13. Penaflies A�y violation of this chapler is a mistlemeanor and is subject lo all penalties provided for such violations under lhe provisions of Chapter 901 of this Code. . ' � prohibition Law Viotation Non-Proftt Organizations Penaitias 802-2 � �' i { � � � ' � i ; . ; • �� ! . . � _ _.- : i �' i �. \ 'i � i ' • ORDIIJAIJCC 110. G02 Amended �3 N�SEIIDCO TO CIU�PTCR G02 RCf,ARD1�l: TIIE SA!.0 Of F;Oh!-IIII'OY,IC�7JN; �MLT LIQUDRS • • AI�D PROVIDICG TIUIi 'f11CRE SIIRI.L 13E I!0 CONSUIdPTIO�! �F P;Ot:-111TQX1Cf:TIMG M(11_T . uquor;.nrTr.0 nour,s. oF �:so n.ia. nr�u rr:ovio�r:c ninr uo Prr.sous onr�a n�nr� TIIE LICEIlSEL' lU:U H1S Ct1PL0YLC5 SIIAII 12EIfd�Il�1 OPI TlIE PRCI•tISES RFTCR 1:34 A.l�1. THE CITY COUkCIL OF TH[ CITY OF FRIDLEY DOES ORDflIt! AS FOLL04:S: Section 602.10 is amended to read as follov�s: • Section G02.10 Hours. In the places licensed Lo sell such non-intoxicatin9 malt liquors, no sale of non-intor.icating mait liquor shall bc made bet��een the hours of 1:00 a.m. and 6:00 a.m. on any rreel;day Ftcnday thraugh Satw•day inclusive. , Meither shall any sale of sitch liquor be r.iade on any Sunday beivreen the hours of 1:00 a.m, and 17_:CO k00�1, ner bett:ecn the hours of 1:00 a.m. ar,d II:00 p.m. on the day of any stateo-ride election. (Ref. 501J . It shall be unlarrful for any persons or custome�s, other than the licensee or his e�nployecs, to remain on the premises after 1:30 a.m. There shall be no consua,ption 6y any pe�•sons, including the licensee and �his employees, after 1:30 a.m. PASSED QY TliE CITY COUSJCII OF TNE CITY DF FRIDLEY THIS 20TH DAY OF OCTOSER , 1975. ' ATTEST: C1TY CLERK - Marvin C. 13runsell First Reading: Octobcr 6, 1975 Second Reading: Octobsr 20, 1975 Publish: October 29, 1975 N'J1YOR - 4iILLIAPI J, kEE 7 ! �ai � � �� ar:r:it orn�n�avcr: 1'he Ueer ordinance was discussed. Fir, Iirown again stated that, according to tlic City Attorney, both liquor and bccr arc r�oi��>>��;�a oiz City property. Mr, i3lai.r stated that he would like to see becr permitted whcre thcrc are pic- � nics. h1rs: Caldwell concurrcd vrititi this, lioti�+evcr, slic fclt that if you cnforcc this ordi.nance then you must enforce all ordi.nances. She felt that becr is part of people's recreation these days, and if we p��ohiLit it, we are in essence having prohibition. h1r. I3roa�n stated that we shouldn't havc becr at thc fields such as Commons. He said Lhat pcoplc are aLaays tr}�inG to bring becr into Locke Park, and that iec have a continual prableui�eitli pcop]e calling up, and asking that the gate be u»lockecl so that tl�cy c�n hring in thci.r vans. Ile felt that perhaps i1�e should have a park kceper there during the day, to heJp kecp control of thc Ueer pr�- blcm, and Fenerally be of help to thc citizenry. He piwrtioned that durin; his ter.uxe sac ha��c eliminated the roads in Locl:c and crcated a nice atmospl�ere, an�3 he would like to kecp it that iaay. �9r. 13ro�en asked for a concrete reconuuendation fr;,m tlie Commission on the beer. Dfr. Peterson st2tcd thaY he wantcd thc ordinancc enfo:ced. MUTIU1d G� Pe�:eh�soix, aeevitded 61 Ca.2dwe,Cr, �:o e�l6ance �he bee�c ond,iiia�xce; .to p.2olu.b.t,t a.� 6e2�c, w�ne, etc. {��carn .the pu�ih5 e�cep.t Locke Patk w,!uc(2 �huuCd be aC��iu,ed .to liave 3.2. F.Iu�tioi2 cruvc�.ed. CIT)' PG�CII�G POLICY A1x's. Caldi•tell asked i£ a fence is put �p iehenever an o�aner requested it. � pir. Rrown stated that �ahen an oitmer �santed a fencc, he wou11 be cxpected to p�ey half the cost anS the City i,�ouJd pay the other half, lti'e i:�ould not put up a fence automaticall�� when we i_mprove a park. He explained that the City �aould pay the ent:ire cosY. of the ie:nce when thcy initiated it. A1r. Srowr. mentioned that h1r, Qureshi would ].il:e Yo have a poli.cy now, that we can refer to. d{U7IU1d 6y Ca2dcoe.CC, heconded by Pet2t.san, �l�a.i we uhe �fie S�n,te Szcr,t«te za dctehui.uie .t:lte S.ivancl.ii� �i� .tlic �c�tc-E�tg �6 ,��Lr:b .�it :Lhe {c�-twce, o.the,'r. �:Iiari .tfiohe .t,inre.� ealien .i,t'es ��;vit t�� .the. ove.��aCC fafnfi bar. .tl�e pcv�h a�rcl .i.t S.i.tb .�re�ta �l�.e .tii��e 6checiu.Ce we had p�aa�ned. Tl�e ma.ti.un cann..�ed. LIiASC AGRi?i:D1G`'T - TTitdPl.ti TGI2T,1CIi, PLA'f 2- TflRG1:7' S'1'OtBi Afrs. Cald�rcll did not like the lcase agxec�ncnt with 'farget regarcling Temple 7'erraca Shc stated that sl�e fclt wc i��ere just clressinb up thci.r surplu, land for them. She fclt we wcx•c doing than a favor Uy iaking care o1' thi.s laitci for tt2em until thcy neect it. She said ttrat since it �oould be useful to them too, shc fclt th:iL thcy sliould do somct:l;iug nn it also; ci.thcr ]andscapc iL' on c�lp in somc tvay. ShC mcnti.oned thaL �hc woutd likc to sec tennis conrts ihere, which Yhoir employces could usr. also. , Air. l3rown fcit that tennis coin•ts Soou1J nnt bc a good idca, sincc thc sPacc Lherc is limited and tcnnis coin•ts ti,�ould pract.ically fill the entire ;n•cri, and leavc rornn for littic clsc. ilc watits to put. in somc :�pparatus and� room for playground bascball. lle SYBLCtI LI1:1L wc want to kecp thc devclopmcnt Por thc � kids. . , � i i COhi11UNITY D[V[LOPf•iCNT COF44ISSIOM M[[TIMf Of JAMU/iRY 6, 1976 Chairman Qergman called the meeting to order at 8:15 P.t4. t+lEl�l3[RS PRESENT: Dergman> Lindblad, P1Et4P.LRS ABSEIiT: Forester OTH[RS PRESEIlT: Jerrold Doardman; Oquist City Planner 1. APPROVAL OF 14IF7UT[S FR014 THE DECEIiGER 2, 1975 t�SEETIP7G Ii0TI0td, by Oquist seconded by Lindblad to approve the minutes of the December 2, 1975 ineetiny ��rith the new changes included. _ UPOiV A VOICE VOTE, all votiny aye, the motion carried. i. f�P�._a..7i,:±1!�[1--G1Tt��S�1�i� nr rn��onc„r-�rr�rr. �aN1CTf1(; Pl AIV DISCUSSIOid � � �� ei �"J°`azne.�%� I�ir.. Lindblad stated that ��e cannot just allotiv� any business in any araa of the City to obtain a 3.2 beer license. He said,it should be a1losJed only in a C2, C25 district. ��ir. Lirtri��ad stated his concerr. �vith the issuing of a beer license to a business located in a C2 district that is close to a r�sidenLial district. The license should be grani,ed only tivith a special use permit. 11r. 6oardaian stated tha,t if a special use permit is granted it goes to the property not the individual requesting the permit. If the property is sold the netv ormer can operate undei° the same special use permit. p1r. Oquist stated that there should be a time limit established for each license. Air. IIergman stated that the ordinance should specifically state that non- intoxicatin9 malt be��erages can be sold only in a C2-C2S district. A tavern license is restricted to a C2-C2S district. A special use per;nit for controi and define the meaning of a tave��n in terms of a maximum operation time such as any consecutive 6 day period or no more than 6 days r�ithin any 6 month peri�ci. 110T10N by Lindblad, seconded by Oquist to recommend to the Council the follorrin9 revisions for the 3.2 beer lic�nse requirements �s stated in the Ordinance: 1. Restrict the beer tavern licensing to a C2-C2S district. 2. Require a special use pennit for additional control. SJ 3. 7he definition of a tavern includes any beer sale operation intending to operate.o sr any 6 day consecutive period or more Lhan 6 days during �..:. . �- �. � COMMUfyITY D[VfLOPhiEClT CO(4h1ISSI0td MEFTItdG OF JAPlUARY G, 197G PAGE 2 any 6 nionth period, ��. 4. Temporary beer sale operation can be allowed only with Council approval. UPOPJ A VOIC[ VOTE, all voting aye, the motion carried. 3. COi1TIP1U[D DISCUSSIOPI OF CO(dPREHEt•ISIUE HOUSIP�G PLAP! 11r. E3oardman stated that the housin9 plan will be going to Planning Comroission on the 28th of January for public hearings. Mr. Gergman asked Pdr. ¢oarilman to clarify the funding assistance programs available. . Mr, f3oardman made the fol7oViing statements concerning the housing plan: 1. The City should implement a neighb�rhood preservation program to help get people involved in in�proving their homes. 2. The City should take mare action on street improvement programs in those areas of high concentration of old housing. r: -. =. . 3. The biket�iay walk,vay system tvill increase assessibility bei�:ieen n°ighborhoods is one way to provide access in the City. A cross . City transit operation for elderiy people and others is another. (on call cab system) 4. Develop a housing maintenance resource center.to give �eople advise on hotiv to handle rehabilitation problems. The center could include building ins�ection tiaho could present slides on do-it-yourse7f home improvements. . 5: City should make every effort to apply for as much funding available to home ot�mers. Community developm�nt block grants (HUD) can be used as leverage money. Some of the money can be used as subsides to bank loans. Mr. Bergman stated that he felt the Housing Plan presented to this commission for consideration ti,�as very t•rell organized and ��ell done. �' � A discussion of the Nousing Plan �rill be continued at the next scheduled meeting. 4. SET UP A PROJECT COi1tiITTEE FOR THE� DCVELOPMEN7 OF A SI6N ORDIl:AAIC[ • Mr. Goardman stated that the project committee could be made up of a representative firom the Chamber of Conmierce, League of iJomen Voters, and if possible the ot�mcr � of a sign making company. He �•rould also like to have one member of this conunission on the sub-conmii ttee. � Chairman Qergman stated that there o�ou]d be further discussion at the next meetit�^'� ��•Iy Chairman 6er9man adjourned the meeting at 10:30.P.M. �R spectfully s�iit�jd, �� ..C.�-._.� ,r/,yw Arlene L. Smith, Secretary �� 'i CO(414UIlITY DEVELOPtdE�dT COIiItISSIOtJ hSEfTItdG OP DECE��Gf_R 2, 1975 PAGf 3 ., SUI3C0(114ITTEE 19r. 6ergman asked the Connnission if they wanted to use a subcom�nittee. Mr. 6oardman stated that if this commission feels there is a need to do a study or report on tax reSarm then they could iorm a subcommittee to help prepare the report. Mr. Oquist asl;ed if t��e �vant to do anything about this ai; this time. lir. 6ergman stated that there is rcally nathing there because it is S1;ate conti-ol led. Nir. Lindblad said that tive should have special 9uide lines set up first before forming any kind of suUcomrnittce. 1•iDT10l� by Lindblad, seconcfed by Oquist> that �^,e taUle our tU>: discussion for future reference,foi° further consideration and possible project subcommiti;ee. UPOt•� A VOIC[ V07[, a71 voting aye, the motion carried. � 3. DISCUSSIO`r; OF TNE 3.2 �EER OP,DIP!/';'CE 60?_ �HE CITY COC� f0R ZOtiIPJ� Mr. Goa�°dn?an stated that in a recent request for a 3.2 beer license for ,� 6ryant Franklin it ceuld not be denied because our z�ninr code dees restrict the use of 3.2 beer acco�-ding to the use of tP�e propei-ty and does restrict it according to prop�rty zonin9. Bryani Franl;lin's principal use is a Flea Marl:et and the serving of b°ering ��rould be a secondary use. 14r. Oquist asked how does use and zoning relate. i•ir. 6oardman stated it is classification. If you open up and operation of 3.2 beer and the actual operation is 3.2 beei° then the oi�dinance applies. If the principal operation is something else there is �othing in ou�° ordinance that a{�p1�ies or permits denial of the license. There is nothing in oui° p��eseni ordinance that li+nits it to any type of business. � Ptir. Lindblad stated he could not see �vhere it vras wrong to issue a license to Bryant Franklin. Mr. Dergman asl;ed o-rhat kind of license �vas required. Mr. 6oardman read section G02.03 of the zonin9 code �•;hich states "Wo person shall vend, deal in or dispose of by 9ift, sale or othei�l:ise, any non-inl:oxicating n�alt liquor tivithout first having obtained a license to do so fram fihe Council". Mr. Oquist said we should specify the areas t•afiere it can be used. Do not use the words secoridary and primary in the ordinance. , � .� COV�F1UilITY b[Vl:1.U('I�iCPl7 C011��tISSION P1[[:TIPIf OF D[CCf�IC�ER 2, 1975 PAGE 4 �� t10TI0h� by Oc�uist, seconded by Lindblad, to recommend a change in the � ordinance to read that 3.2 beer licenses can be granted as a principal use �nly in C2 and C2-S districts. As accessory use to a principal operation in all otlter zones accept an Rl, R2, and R3 zone. _� .� LJ UPOi. A VOICE VOTE, all voting nay, the motion did not carry. MOTI0�1 6y Lindblad, seconded by Oquist, to defer the discussion of 3.2 beer Ordinance at the ner,t meeting. UPO�; h VO10E VOTE, all voting aye, the motion carried. A. REVI�I�J A';D DTSCU�SI0�1 OF FIi S7 DRAFT OF CO�iPREHF�rSIVE H�USI�lG PLAId Fir. 6oardman ?ntroduced f�r. Raymond Leei: to the commission. Mr. Leek discussed the Co,npi��h2nsive 1{ousing Plan rtith �he coai:nission. Ilighligh;:ing the main topics such as tfie pu�-poses of the plan, survey and analysis, projection of ti�ends into the future, and the policy de��elopraent of proposed plan. �'OIf1TS I1IGIiLIG�ITED APlD DISCUSSED The population has shifted dot•:nrrard. reach 35,000 by 1980 according to one than 39,000 as esiimated in 1973. The City's populatien is expected to t•;etropolitan Council estimate rather Population characteristics Y�as discussed and the decrease in students in the school s��siem, Standard of living in Fridley is at the midd?e income level. 16.2� of all households in fridley are at the lot� income level, and 70% oi all rentei�s in Ft-idley are belo�•: 50"� of h1etropolitan t•iedian Licorne and are paying moi°e than 25h of their incon� for rent. The houses in the city ai°e classified in neti, good, fair, or poor condition. The homes in the city are 6,179 in eit:her good oi° nei•a condition, 227 are in fair condition and less than 1% are co,isidered lh poor conoition. ttr. Oquist stated that the housing in the City is much higl�ei� now and people are moving to outlying areas because of this. Pir. Lcek stated that the problem arcas of Fridley are located North of Holiday Villa9e, University Avenue, and along East Ri��er Road. '�"�' i � i � � 59 ENVIRONMENTAL COi'JMISSION ME�TING PAGE 3 REVIEt�lAL OF MARY MARTINtS RESI6NATI0N LETTER: Ms. Sporre read Ms. Martin's resignation letter aloud to the Commissioners. She stated she did not think it was fair for 14s. t•Sartin to say the Commission had accomplished practically nothing. Ms. Spo'rre stated she felt environmental awareness had been shown, especially in the North Park matter. She also stated she felt Ms. Piartin's comment as to the -total disagreement within the Comnission was also unfair. Ms. Sporre added there wi11 be differences in opir�ion in any Commissi.on. However, she did not feel �hese differences ��ere �nva].id. Through these differences of opinion, the City C�w�ci]. has the benefit of knowing both sides af the argumeni:s ar,d c�n; iherefoz�e, make bettei decisions. Brather Sullivan explained 'ne felt :it was unfair 'r��r. Ns. Martin to state the Chairperson, Mr. Langenfeid, },ad fo-r.ced the two of them into total impasse. He added he cii.d no-C �hare -C},at same. view. � REVTE4IAL OF 3.2 BEER LTCENSE RE�UIREMENI'S: � Mr. Langenfeld stated he did not see much relation between this ordinance (602 - Beer) and t:he environme»t. He questior,ed as to whether this item should have been brought to the Environmenta]. Commission. Mr. Boardman stated the large;:t item lacking in the ordinance was control. He suggested a�'efinition section be set up as tu what would classi�y a 3.2 beer operation as a bar -- tavern. He added the ordinence now states i£ anybody wishes ta set up an operation which is acces.sory to the pninciple use of the opera- tion, all they would need would be a license. Ms. Sporre asked what would constitute graunds for denial. - Mr. Boa��dman stated there is nothing in the ordinance presently which says the City Council can deny a license on the grounds of public nuisance, or anything else for that matter. Ms. Sporre stated she did not want these operations even 300 feet from cliurches and schools as the ordinance reads. She added residential areas should be considered also in this impact radius. She felt thi.s could very easily effect property values. Mr. Paripovich agreed the ir,tpact radius of an operation such as this soas Far �reater than 300 feet as stated in �he ordinance. He add�d a home owner has the ri;;'�t to prefer not.to have a 3.2 beer establishment near his .*.ome. • ENVIRONMENTAL COMMISSION MEETING PA6E 4 � �0 �. • Mr. Boardman explained if the property is zoned commercial before the land is purchased by a prospective home owner, he should be aware of this before purchasing a home in that area. Mr. Boardman suggested the following revisions of the ordinance: (1)-Al1ow these operations in a C-2 district only with a special- use permit. (2) Define a bar - tavern, and what type of 3.2 beer operation is classified as a bar - tavern. (3) Define where 3.2 beer is allowed (public park, etc.). (R) Classify what is a secondary use and whether we want to allow it or not. . He added, however, "seconclary" and "principle" uses would have to be deiined extensively in this case. Mr�. Barna suggested possibiy non-p.rofit or private parties could be defined. as temporary uses only. Mr. Parigovich stated he was against giving them this right. He stated he believed the ordinance should be so stringent that it '. iwould probably be more practical not to have it at all. Mr. Langenfeld stated he would like the necessity of special-use permits applied to every district in the entire city. � Mr. Boardman took exception to this. He stated if the ordinance instututed control, it wouldn't have to be so restrictive. He added special-use permits are applied to property, not the owners. Mr. Langenfeld suggested the following partial definition of a tavern: "The time element where the sale of 3.2 beer on or off takes place f�'more than ten to fourteen days." � The Commissioners agreed with this definition as it takes fairs, etc., into account. �1) Reclassify a beer and tavern in the zoning code to be allocaed ir� a C-2 district onlv with a soecial-use (2) Define what constit�stes a license for a beer - tavern (3) Other of tl� operations to � �.1 �� ; 'K'= �r� � , ,� �' � i � �' ENVIPONMENTAL COMMTSSI01d.MEETING PAGE b Seconded for discussion by Mike Paripovich. Fil Ms. Sporre said she would like the rough dratt of the ordinance brou�ht back to the Commission prior to its reviewal by the Planning Commission. Mr. Langenfeld explained if the item was brou�ht back,a delay in its consideration by the Planning Commis- sion couid result. Also, any suggested changes could be brought to the attention of the Planning Commission or City Council in the process of its reviewal. UPON A VOICE VOTE, ALL VOTING AYE, THE MOTIOId CARRIFD UNANIt40USLY. DISCUSSION ON ORDINA2dCE 603 - INTOXICATING LIQUOR: Mr. Paripovich cited a portion of Ordinance 603 -- Intoxicating Liquor - which states no license shall be �;r.anted or held t�;� any person "who is not of good moral character." He questioned as to how the City could determine this. Mr, Boardman explained this cannot be determined. The Commission agreed this ordiziance should. be clarified by rewriting it. MOTION by Mike Pe�ipovich, seconded by Lee Ann Sporre; to recor.unend to the Planning Commission that Ordinance 603 - IntoxicatinQ - be unanimeus ADJOURNNENT: a vo v M�TION by Bruce Peterson, seconded by Mike Paripovich, that the Environmental Commission meeting of December 18, 1975 adjourn at 11:10 P.M. Upon a voice vote, all voting aye, the motion carried unansmously, Respectfully submitted, f�i�. s� cri.a.Q.-?�,!° o y 'ionsager � Recording Secretary r'ry r ' . . . . . . . . .. �� .... HUMAN R�SOURCGS COMMISSION PAGG: THRGE f � V. A REQU�ST FROM TIiE FINE ARTS COMPiZTTL•E: \ �2 � Ms. Lamber[ stated since the. Fine Arts Committee actually began wi[h the Human Resources Commission,it was the feeling of.Che Commit[ee tliat the city should finance at lea.st a portion of it. She added the Fine Arts Committee is not a profit making organiza- tion. . . � Ms. Lambert explained the Communiiy Schools donated $1800 to the Comr�it[ee. She added the Committe.e was aslc.in� for. $700 fr.om the City. Ms. Lynch stzL-ec1. she did not feel the City should fund Chis. Hs. Lambr�rt skated.the Ci[y shnvld fund cti�.ttural aspects of lif.e just as they az'e now f.'unding recxeat`.ona.7, aspects. Mr� Scott: st'ate.d. C}�e develai3re:�t: :>f :, t,.iFU�an bein� ie 7_ife�loug. He a.dded he ielt the City shoul.d fund. this. Tnis coi:S.d liei.p change Fridl.eyts image of a bedroom cou�munity. Mse �amberC state� tte�re are a great taumber ef people in Fridley wha have nevetc seen a live producCion. She added fi_ne ar.ts is an important part of our lives. ChildrFn shnuld groo� c�p witih theater as rrel.l as recr.eati,on. . MOTION by Nancy 7,ambert, seconded� Barbara Shea, that the Fine ArCS Conmittee is xequestir.g funds £rom the Planr.i-n�Coru�ission be we feel il' is the responsibility of city �overnraent Lo fostcr and develo� the fine arts life in the communit.y SO that our citizens will be aUle to enioy a richer ard more fulfilling_life ::tyle. Upon a voice vote, all voting aye the r.ioti.on carried unani:�ously. ON by Barbara Shea, seconded Uv Grace Lynch, that the Fine Committce ask the PlauningCommissionPoz S7�0. l3POn a voice vote votino ave, the motion carried unanimously. Afs. Lumbert will appear at the Planning i;ommission meetir.� of February 18, 1976 to discuss this issue. VI. BCER LICENS� REQUIREPfENTS - GRACE LYNCH: �. The following is Ms. Lynch's report on Ordinance 602, Beer:• Section 603.032 - Information required in addition to that which may � be requiFe3 by the State Liquor Control Commissioners for.m, DELL•'TI's: 3 d, Against P:innesota Human Rights Act, Chapter 363, 5ub- division 18, also hight to Pcivacy law.- - - e� Ri�ht to Privacy Act. • '� - — -- �� 8 .`_---. HUMAN RESOURCES COMMISSION PAGE: FOUR VI. LICENSE R�QUIR�PIENTS (cont.) �� 63 / �. l . DSLETE: 3 i. Right to Privacy Act, Chapter 364. Also Constitution, Article 1, Section 4(increases punishment for past cxime without due process) Suggest question be restated and pertain to crime involving liquoi, others are irrelevant. k. Right to Privacy Acti. Also Human Rights Act. Delete the word ��spouse" in the following questions or state Xeason: 3, e�f,g, and h. . , MOTION by Harold Belgum, seconded by Batbara Shea, to adopt Ms. LynchFS position paper. Upon a voice vote, all. voti.ng aye, the motior� carried unanimously. ifs. Lynch will appear at the Febr.uary 18 meeting of the PJ.anni_ng Commission to discuss this proposaI. VII. FEBP.UARY 19 PROGRArf; Mr. Belgum stated Che tape to be played aC this program is.very contraversial. He added it was liis idea to play Che TSarxisC � side of the issue and then to immediately discuss it. T.he Con- servative side would then be played and discussed. - Mr. Belgumcasked Ms. Treuen£els r.hether slie felt many youth �oould attend this program. She stated she would attencj and she felt he could count on about five to ten youth. Copies of the News Release on this prograra will be send to ehe City Council and many organizations in Fridley. The Commission decided to cancel Rridley Forum for the month of April since tl�e date fox the forum falls on Holy Thursday. VZIT. IiUt4AN RIGHTS AWARD: The Cor�mission discusstd the rough draft of their applicatian L-or the Human Rights Award to be given by the Leaoue of PIN Human Rights Commissions. The Commission approved the application. Mr. Scott stated he would enclose a number of appropriate news clippings along with the application. IS. PLANRINC AND 7.ONZNG IA'iTITUTC: � itr: ScotC sr.ated the P1,^.nnin� Commission members would be aCtending';, t a Planning 1nd 'loning Institutc cntitleJ "Tliey Never 7.isten to us". Tlie mceCing will takc placc on Fc6ruary 25 and 26. _ '��R'"„�� !� g��nAing 6ommission Meeting Wed�eaday, May 5, 1976 �%v2�.� e Mer�i�etg a� to orde , _ i_ . , ?I�-+� • .f/u� � _?'1�.+ - ,� a� :4 p.m. Roll lle takw►, s.ycsy+one .rrcLyv� �l�L/,.� y'�2t.s 6l,d/��9� 7�1i9. u;..ea ;a.e�,..� �'`^=� i%Cl'!'uY�II.t4x i+'y�'i"^'�i° J "YB'i ,�/� �. Mr. Langenfeld motioned and f� Mrs. Nahlberg seconded the mot�iion. All the members were in favor. ,, F✓�'""- tsEs�n carried. Minutes approved. Second item on agenda, Agril 20, ;. ¢ ��'��1976, page 9-15 in agenda; any additions, corrections or comments? �Mr. Lasigenfeld said thht on page 9, the very first paragraph, question- able item, March 23 meeting. He wondered if anyone wanted a clarif3- P� cat3on. He said he doesn't think it is exactly what all members �aanted �� to know. Mr. Langenfeld made statemeat, under March 23 meeting, Mrs. q � Poyd�said that she didn't want traffic coming through the neighborhood. ��He thinks it �vas implied that they wanted traffic stopped on East � _,��;� River Road. Minutes preaented. Statement called Anti-East River Road. ' ��r �� Mrs. Wahlberg said that her personal opinions were not represented fairly and she was encouraged to say that East River Road project is moving along in the right direction. Mr. Harris said o.k. Alt,l/ii�(�f�'7t�d,� d�J�r�/A'��/��n��'(�lX�,�/i�itE/��i�/��d,�JN�,�/xl��t�1�1�XEX�1/d��v1/D�z',� The next item on the agenaa, Mr. Langenfeld, "say for instance that we have 7,� something like tonight on the planning commission, can the environmental �! � commission meet? Mr. Boardman said, actnally the real problem on thls >>��would be the planninq commission cou�d send a recommendation to the ff'°�,'n city conncd�l�o as to delay action Cta thfs� until �/y'¢�ipf��d��T��f/ all commissions have hearinqs on. this. Tlie prob�8m that we had on this thix�04 ia that it was sen� down to pI�J6�� -member comm3ssion and the meet- ,J ing date�l at the city council �will be set prior to planning comm�kl�bion which really shouldn't have been done anyway. But to speed up things, it is matter of whether the planning commission wants to: Mrs. Wahl- berg addressed the chairtaan, Mr, Aarris, it`� me that, suddenly she ..,�---- _ -� . „ �...,.�.., - :�.: • ,. „ .. . _. ,...�... - _„ � � :� : _.. .... � ..,.. ...:,�; � . . �»..., i ._„�„e '--- . .. ;.,_.,. . .. .� .... .. ....... . ' . .'.. . , . � _ .,. "., E_^z?-+.�.ci, .v:4 „ .. .� . ,_ ._ . �. . . _ ., . .. . .. : :. . _ . . . _ . ' _ T,�_.�:;..: ;._ . . �.�_. .�, � .�::. -..1�'� ..�.. '_.. „ ., ..,.., ..; �. • „�. ;. ; . _ . , , ,. :. . . .,.�.-� - � ..�.r: . ,. _. ... --., . .<.�.. . �. , �..: . ... .. � . . . . . .. . _ � � .,... . � . ..,., . � .,.�i' .� ..�.. ._.ir ....._ � E. _ : .. , . •:..,, .-!(l��'. I :.. "...1 ' . -.. . ... .... .. _ _ .. � . . .� —4.. � ' ... . � . .. .. !� n � .. . . .. , . .. . , � . .. � � �' �� . .. .. . �.) .. . . . . . . . . . . . . ..,��'�y�f.,a.• ..�Y\v .�. .`.�.C. ...: ..�: �yi, � . .... . . . . . . � .. . �.. ... , . . ,. .' . ..;. �. � ,.:. � � i ... i. . . , , � , ., e.-,.. � �;.'.,.` Y � "�'��th,a� � � , ... �-.� ,.., c y _ _ , . �. . . �.'. . . .,;, _ . P _. . • .....: , . .. ....'�r. ... .... . ..� . . � . . .. . . . . _ . ..,, . . _ . .`'r _. . .. . , -,. . . - .. � ._ .. . ._. . :. �- �. . . �, - . .. � ,.�_: ,. � ,;.. �.,4 : ,-�;..�..- .... . .,.-, _ f .... .. . .. ._, . .,. � . . .�. . .. .ia�' . � �.. . . : ... 'f,�., ,.. . .. ' ' :. . ., . .. ' . � . . . . . . � .... . , . . , �.a� � . . �t� .. �_ .. _ ...,. .� .. .,. _. .,.".. , ' ..'��. . . .. r��s:� . . .. ;. . . . _.. '.:' . . . . . . . . . . . � . . . . . . ..._ �f ..r._. .. ..,...�,. �� qn. ' ..�.. ,.....:.- , ....... . .:�. . ( . . . . ._ . �. . - ..., .. _ 1.. _ . ' :: .� °. ... . _ S . _ �. :.. �. . •!..', ,.�� :. . .. ' " .. . .: �_. . . , . .. . . . _ . . . . .- _ - ,� ,�_.: � page 2 wants a preliminary discussion on some�� items on that � the conua- � ittees wanted to discuss them,"they would have an �opportunity to do so. Mr. Boardman, �( said that the��p��q� table aad send it to the planning commission. Mr. Wahlberg said that in some cases it has not been working that way. Mr. Langenfeld, addressed the chair- man. On page 14, Mr: Harris, when are we going to get information back on it? Mr. Langenfeld, Hopefully at the next meeting. ButXI do feel that Z}I¢�¢ it will be incorporated in the East River Road study. � G�t.YV"'ti' ° . Mr. Boardman wants it sen� down to the ... Mr. Harris wondered why it got tabled. Mr. Langenfeld," On paqe 14 another motion made. Mr. Boardmsn, the �lway the planning works is that planning commission, r Mr. Harris what was the �poblem on that? Didn't they have enouqht information on ,tji/it? Mr. Langenfled at thipis ti.me, this thing is not recommendation in regards to Chat. Mr. Aarris, the probl� being that council recomvaendations back by time council is ready to take action. Mr. Langenfeld, said ;��(}I that he'd like to indicate thet he merely asked for it to be own because of... Closed at 7:55. Mr. Langenfeld wants to bring the committee's a tention to a motion made on the bottom o£ page 42.( Read Mr. �Harris, I guess Q /oK we haven't seen ¢�d chapter 7 of the uniform building code. Next on the agenda, Motion �7d,l�ji¢ made � seconded. All in favor. Minutes recieved. Next item on �(agenda, receiving parks and recreations minutes. Not in agenda, made and seconded to table it until next meetinq. All in favor, motion carried. Next item, recieve peoples commission, mi.nutes Aptil 27, 1976, pages 28-39'of agenda. Mrs. Wahlberg said on page 32, 4th paragraph from bottom, the lot 6 acrass the atreet, not on lot that we had the petition on itself. Afr. Harris, Mrs. Wahlberg said, that council, Mr. Boardman said the council did not take any action on this. Mrs. �tF7ahlberg said she thinks that they were also going to take another look at ,Ljf�/�� this thinJfg jf we handled , .- , r. , , ,.,. .. .,�,.._ � ,., � . ,,, . . .. _. _,, � . - -..- _, ,, . , _,. . ;. .. . F _ , _ , ,.:. ,.. r.;�..,,, �,-•, _ :.,-�. ,• .,. . , . - _ , -�-.. ,�.. ,... r'.. . . . " ...;.., . . � ... - . �` . . �..... .,. .� .. . ; . : . .. F .. . . . �.., .. ': � ' ._, •-r.ae�sa... _ .. � -, � . - . . :; . . .. . , . � } ...., , c ',. . . . _ . . ... , '.. . . . .... . . �., .;'.' . 'I.; -r,.. , . . � . , 4 .. . . � . . . . . . �� . . :i . .. . . . ... . . .. . . . .., _ r.,. ,..._,. .a ,. .r .-". -' . •\": .�.y. . .. '. . �� ... ... _... . -. . ' '. F .-: , j . ' _ . _ , . .. . . � . � - , _ � . ' ' . � _ . � . . � . . �a . . � � _ . . . . . . . .' .... ',r . �� , . _. ; .�. �...r\ i � .: . . . . page 3 in this particular request, the �� petitioner was willing to buy 2��ft. of property on the adjacent property if he wished to, in �� order to make up a large enough lot size to fall �� in the 25 perceAt maxi.sum.covergge. Then he/��¢�/ wasn't sure if he wanted to �� go through with that. Then instead to cut the size of the houae down. He ended up keeping the same size lot and reducing the size of the house to ��¢J��/ 964 ft, and going from a double garage to a single one. Maybe a single car garage is adquate, but if a builder has to build it that way, then what do you do if a family wants to buy �the house, and he has 2¢�¢� cars anyways; (said by member) ; then the car would still be on the streets. Michael said that25 feet, he �� went directly from the laat meeting and went over and measured it and it was 37 feet. �� Any further discussion? Mrs . Wahlberg moves that the palnning commission moves to receive a people's �commission minutes. Seconded and all voted in favor. Motion carries. Minutes received. April 27, 2976, neat item, �� public hearing rezoning request by Mr./� Robert DeGardner. �f��/��/�/ Opened at 8:05. made by Mr, Wahlberg and seconded by Mr. Bergman. All in favor. Public hearinq opened. Jerry Boardman said that thei property at 6431 Highway 65, is just North of 2 apartmentr, buildings. Along highway 65, a little background on the lot, pr�or to 1972, same property was R-1 property. In �1973, rezoned to R-3A. Now request to rezone it to CR-1. Limited business commercial, will profess- ional type office�S structure only lawyers, doctors, and this type of thing. Jerry continued, we may be getting 7fpiX involved in some spot- �rezoning here. I quess there is a serious request as to wh�ether we should rezone this property if there are �t��yf¢ other commercial office properties available in the city which we do hawe. By rezoning this property, we'll be setting an example of corner �6�6��t//��d�/ operations, now it is a resident�al area. corenr and by approving a rezoning, it would change it from residential to commercial. Mr. DeGardner looked ,. .. .: . .,.r . ... [.) � _Jt.. Ti�i '"'.'.' . . . . � . . . . . . . ' .,,.., f. :... . . c r "" �. .. ,: .: .. . . : _ . . . ... . . .. . .. ,. < i -. . . :., ?j •�.. . .. , _ . ..,�. �,.. , , . - - . ��' '' � , -� � ..r. _.. : � . � � .. . � . . .. - .: ,- --- - ., . , - : , .. � _ . . _ . . . . .. . . .. ,.. . . c. _, . , , . .. ... . _ . .. .. ..�.. . , _�.. ; . ,-. �, -.. . , .. . . . .. � ... . � ,... �... -,. ., > ; .. : : .� .. . . ....... . . . .. . . .. .. . . . ...r . .. . � .,. .,,_..��, ..,. r.�_- . ._: ., .., . .. : . ;. ..�.I.�". . . i,,.. _..... :�, : . . . �.1'_'t �f._..��;�iz �'' • 1 i+:] ��» ' �.�.� .. ' ! ..r.�. i � ... . . . ' . ..., .. .•.�. . �. ...-. .._ ., r."-:' .. ._... v ;1 `� _ ... . : . a 1 � � � 1 � A i : . . � .. . . . . . ' . . � . .; '�o . _ �" , _ a�••, . �_ t' . ..� ...r _,..� � ..,,,... r:.;{�YGC��t� . � r .,.. ...,.. ,. ' ,: - . . . ." ,-. .' . ".. ., . , . _. � , . (. � . . .. . ... .. . ..�_ . . �. �. . - � �'� . ... I � .. . .f'. � . ..:.._.. ` ' . ; ,,. r...�...! �-: ) : . : - .. ;., : . , �. ' . .. . _.-f.., . . ... : ' ....i._;. ..�. �.� 1. �• . , ... r .../.,r♦ . . . " .. .. . .... .. .. .� .. . . . ... .. . � ..r 1 . . .. .. . .: .. . . : . i 4 �.. . 7 t .,� , .. �.. . �. : , : � . ._ . , . _ . � . . .. "_ _'. ..r.:.. -_.. -:- ._ . .. _ ..� ". . . .. ... . . �.. ..._., � � .��p•:, � ��, . . . . ' � . ..�L .y ' ., .. .., .. �.� .... .. _ .. � . -. . � _ . . . _ .;V'� ._.�_.. . . .. _ ... _ ... .:�..�r'..i..y . �. .... :. . .,..... �.. Ce.... .. .,��. ... . _ .� . .._ - ..... . I. � . ..\. ` �i. t. . . . � .. ' ' ._ . .. . _,. �. ��- . . .. • .�:. . . ' .. . :.i ' . � . . . ' ..i . . �1.♦ .. . . : . " I . . .. . . ! _ . . '. .. `. r � -..: . �. . . . � . .... .. . � .... �. , . � . . . � . . . 1� �{... . . f . . page 4 at this lot about 2 years ago, and he was thinking about building this office at thim time because he had an office for about 7 years and he tried to get ir rezoned,"�e'grew and it bothered�m� because we �ere forced out to Blaine. He said that you look at the right spot and you want to build it. He had limited ti.me because he couldn't get it re- zoned.�� Old office leased expired and 7�6� �¢ �¢ they built a new building in Slaine. Almost ixitxtmi�c 1008 leased. The lot is situated so qood for a coaunercial building for high quality professional, it's zoned multiple now and you can't get financing for the lot.Yhe type of building will enhanee the area. It will look like some homes he build. He is building l like it on X��/��/��/ 103rd. It is near comp¢letion, and it really nice. The layout and elvation of the build- ing shown by Mr. DeGardner. He � said that there is a lot of commer- cial to be bonght in Fridlep, but not in the right spot. NOw this is the right spot, there's � parkinq behind, fron greeneryX�� lined up with the buildings and it will X� look like an apartment building. Office hours are 9 to �, maxi.mum. Most will be through at 5:00. Much nicer than aparffient buildinq for the surrounding neiqh�bors. No� commercial look, no neon look or anything like that. This � is the fron elnation shovPn. (¢� shoam on bluepTint) Split entry, design, rear will be a natural walkout. Make it ideal for the handicapped. Looks the smae from the back as from the front. The next street view or backyard is very attractive. DeGarQner realty and denti�ts, and possibly professional buildings. Question from woman ��/�� who lives riz��zx��x�i�x��i�x��i��r right behind it/Ts there going to be anyone lining there at night? Mr. DeGardner ansiered and said no. There will be no cars there at night, where as if you/� had an apartment building, you would have poeple there all jlnigh�. Maybe cars on Satar- days and sundays if for the real estate offices, but that would be all. Thls is the only building spot in Fridly that will set the building off. Page 5 I can see residential to something was is the most attractive commercial Question raised" Would �� yon fence it off?" answer, "yes" Jerry Boardman saifl that it wonld be required to fence it off with a 6 foot high cedar fence.�� page 6 Mr. Degardner said that it would work ont perfect for handicapped peopie. Mr. Bergman asked Mr. DeGardner if you built the building for purposes stated, answered by DeGardner, Mr. Harris said thank you . Mr. Langen- feld, Anyone else who wishes to speak in favor, (no comment) Anyone who xishes to speak against it? (one man) "I have been there for 25 years , 25 years ago I was on the Board of Appeals and we used to go out and examine things like that and that was 1 of the thinl�s we woeuln't care to do is take commercial and ( name given now) Russell Burres, 1115 Mississippi Street. NE , continued with what he was saying before, and all the time we would have multiple with something like this, if geople are going to try to turn, �,'pf¢7�yt¢/��I�/�pf/jd¢ there are going to be accidents all the time on highway 65. I have lived there for 25 years, I wouldn't want it to go in because then someone alse might want to go in on the other corner and then the other corner and the tzaffic thing is really going to be a problem. It is not a service road, it is a dead end. Mr. Peterson came in now at 8:40 p.m. He is opposed to it also. "Mr. Chairman,"Mrs. Shea said, " the ��(��/ traffic prohlem could be solve8 by closing off that entrance if it was rezoned. �"yf¢�`¢/�� Mrs. Wahlberg, I would like to follow up on that, I see that as a situation sim- ilar to those people trying to get in on Wickes and Plywood as we said before, and it is a potential hazard. Peop�e will miss the turn and slam on their brakes, and it will create a rpoblem. I really see it as a y! potential problem turninto that spot I would be most concerned about people trying to Bt permitting an�( entrance and exit point, Mr. Harris it wnuld probably be a rpoblem in any case. y�t�.'��,1/jd�tpl,Yjd¢�`�/�t��(gi,� Mr. DeGardner,"there will be a sign that can be seen at least half a block �� yb awap. and it should help the problem. Mrs. Wahlberg, " If this was not a 55-mile-an-hour highway, there is a problem that we sho�tld concern our selves with. Question asked, " Is Highway 65 considered a freeway? Mr. Boardman said no. it is a 4-laue divided hiQhwav. A freewav is a ..... j•..,, . . PaY� � limited access type thing. Question again: Well it is coming under the former years to be a freeway. this is what I was told years ago. Mr. Harris said, "IS there anybody elso in the audience who wishes to speak in the matter?" I came down here firmly against it, said one man. (owner of apartments) AND I thought it �1ji��X�T should be a residential area only. In the next couple of years, rents are going to be moveing up and fast. Be¢cause which just been able to make ends meet, becuase all of our expenses have gone up so �¢¢ within the next 2 years the numbers are going to be right so they can ??? Your in a residental area and you hav got a lot of traffic, and there �y is going to be problems there. I would rather see some sort of residential units. If your'e going to bend the rules, let them come out with 13 or 14. fy1�`,! Then the older man interrupted agina, (Mr. Burres) As i was saying, I have lived there for z5 years, and I am retired and if this thing come in, i would have to move out. Would't this type of stuff push the property value down? Mr. Harris: This particular peice of property is zoned R-3, it is R-3. "I think if �d most of the people are concerned about this ton�ight, I wish you'd qo down and see the building I am building and see it."(said by Mr. DeGarnder). The �buildings I have built around Fridly with this type of roof are really looking nice, and I think you would be impressed. Mr. Harris �( said," Jerry, what does the comprehensive plan say?" Jerry said, I can see all points of view being brought up tonight." Mr. Harris said, " Is ther anything else?" Daes anyone else �6y(��p( wish to speak on this?" Mr. Bergman asked"�erry, can you refresh my memory , I would like to reconfirm the zoning all around this piece of property:' Answered: The property to the north if R-1; �}i to the east is R-1. The property directly south is R-2, across the 9��ghway (65) is R-1, kitty corner, (not £inished) Mr. Bergman siad, just south of the proper- tY z/��X`��.1/��/J�/I��X`1 2 apartments, north is 4 apartments, building, 16, 15, 14, 14, 13, 12 and part of 11 or due only all of 11 and m Pa4e $ a then south of that a sky shop and then �outh of that ga� station that is closed now. And those are in com^�ercial zones. C-2. Skyshop some commerical Mr. Bergaan ¢'}��(y1# said, On the Delwood siad is all R-1, all the way. Mr. Gergman, who maintans the service drive? Is that part of the city , Jerry said, under state right of way. I believe so, Probably city polwed, Mr. Sergman, it is a�,Y�I/ natural service road. in my opinion . �yti/.t�J��v�m��/�i!/�d�x8zt�$i'-�ffi�1a�`�xt��s4�/xf�Xi��t+s�/a�,Gg/�!$��x In m� opinion, it is substandard, and now in need of some kind of mainten- ance. Mr. Harris, I think it is an access for the snowplows. Mr. Bergf� man siad, "Would you feel it is under the state's jurisdiction?" I yf think that �4 if we approve this particular rezoning, we might get our seives into something ��f�: that we are starting something we couldn't stop. and therefore, it is going to be a problem yb��'pf which would be some spot-rezoning. Mr. Bergman siad," Mr. Chairman, one other point i am �d�`¢�¢yljC¢�l gSf¢��¢gT/�b,i'yfy/�pf¢/��,�X�lj.'}i� impressed with the building, and we are concerned with a rezoning request. and to my knowledqe, the request is rezoning and also to my knowledge proposed plot plan or a building rendition is not legally binding as a part of rezoning request. x Is that �y(�E¢ true? " Mr. xarris said, It can be stipulated as such. Mr. Bergman siad, I guess T'm not aware that that's legal ... Jerry Boardman left at this point, for awhile. (9:00 p.m.) %f7�//Ft�t�i/T��¢/ One �oman- said that she is not against this building, but if it was going to be put up = and then have more commarcilization come in, then she was against that. Mr. Haris siad, " If there is no-one elso wishing to comment on this, then it is in order to pfx close it." p'i,l Mr. Bergman moved that the discussion be started on the matter. Mr. Wahlberg: "I think that this is a nery attractive building and it ��( ��(f�t/ should be built in Fridly, �� and it is ¢� something that the community needs, but I nave a difficult time , I have/�'�`�7�X�E trouble with the tra�¢ffic page 9 Mr. Langenfeld : It is true that this would enhance it, and I am not in favor, �'jI¢}¢ Mr'• Petezson: No comment, Mrs. Shea, I would worry abour pressures on adjoining property. Mr. Bergman, I agree with the comments made. I was impressed with Mr. DeGardner's proposed plan, and i�k was impressed with pl his presentation however, T have the same reservat- ions that have been voiced and as a result, I would XK like to make a motion that the planning commission recommend denial of the requesting �`¢�6/ rezoning and the concerns here. Mr. Harris;" Would you let me discuss it before you make your motion?" Mr. Harris said I would like to say that I agree with all ;�M of the above. I would ¢¢�` certainly like to see the building built in Fridley and I would like to see Mr. DeGardner move his operation to Fridley. He's done an admirable job, I agree with the rest of the planning commission about this particular piece of �Sk�` property. I certainly understand his reasoning and his feeling for wangint to rezone it. xowever, I don't think it is in the best of the �� coaanunity for it to be rezoned from R-3 . Also it would be spot rezoning, which ��/ is aqainst city policg: I guess wiht that it would be in order to have motion, Mr Bergman, said Mr. Chairman, I would like to move that the glanning commission recommend denail to the rezoning request. ( all voting on tape). 1��/l�¢�`��Y��K� �d certainly including potential traffic problems at the access to highway 65, there is a/�i¢g}/ motion / Mr. Langenfeld seconded � the motion. Mrsu Wahlberg would like to add that she hopes that Mr. DeGardner can find another lot and she thinks it would be an asset to the community. Mz. Bergman, I would like to add to ,�y, that. I think tihe kind of �(�'�,�}/ activi�ies would also be a benefit. �fgfyl/ Mr. DeGardner, added about looking for a good piece of ��€ property, and that it would be �ylySpi,( a perfect lot for his purposes in mind. Mr. Langenfeld said, I would like to ,�yl,i indicate to Mr. DeGardner page 10 that 2 hope that he realized that many times they have this type of thing brought before them and it really becomes a major problem If there is no� further comments is it then motioned for denial. All in favor, except for Mr. langenfeld. Motion carried. Mr. Harris said to make sure that Mr. DeGardner recieves a copy of the minutes and the reasons why he was denied rezoning �j+f� of the psoperty. Denied because they do not � feel it serv,�es the best interests of the community. Closed at 9:16 p.m. Mr. Peterson, next item is a public hearing against consideration of a preliminary plat. number 20 �b�f�¢�`,� opened at 9: 17 p.m, yt�¢jfpj Michael E. O'Bannon. Mr. O'Bannon showed his blueprints on public on hearing number 2. Mr. Bergman said, How do I locate this �dyS plot this map? (they showed him) ANyone in the audience who wyfishes to speak on this matter"? . iVO responses. If not, it is in order to, Mr. Langenfeld motioned to elose the public hearing, and Mr. Peterson seconded it. All in favor. ¢X�,��R�/��`/E�,�z31/��id,l Mike O'Bannon was talking about �f�`¢ the street right of ways. , 36 ft. from curb to curb, back to back is 50 ft. riqht of way. Mr. Bergman recommends approval of preliminary plat. iJumber PS76 - 04. Seconded by Mr. Peterson. no discussion. All in favor, motioned carried unanimously.Public hearing #2 closed at 9:30 p.m. Recess taken. (9:30) Meeting resumed at at 9:50 p.m. ¢�yI¢�{¢¢�' Conference workshop. "we were there�t until 10:15,"Mr. Boardman returned at 9:50. Mr. Harris informed Jerry o£ what they yd�`¢ were discussing. Jd¢y�yb¢¢yI/�¢�I�¢�` Teen center proposal, parks and recs �'gi commission voted not to concur with the human recources commission. (Mostly on tape recorde� Jerry said there is 1 other item. About tax for properties, Mr. Peter- son, yes, we look at the map and we know that Dan had taZlced to you. including the new park per the ��`�,i�fi preliminary hearing.(along the railroad) East of the Lutitsi;�an church. Discussion about code, all on tape. Mr. Peterson left at 10:05 p.m. the next item was the 32 Byerly page 11. sence re�quirements. they were talking about the 3-2 liquor ordinance. Mr. Bergman, said, "Mt. Cahriman," " I suggest that ��/ maybe each s commission turn to page 55, ylkip down on page 55, Mr. Langenfle, i have here other note. on page, on tape. talking about traffic patterns and �� parking and thinkg like that. Mrs. Wahlberg, I just read the question becuase I have read those things many times and I� still wasn't totally clear on why we sho�uld do this. "What if they wanted to sell X��/ X��/ liquor instead of beer? " discussion about 3-2 liquior license, and talk about being able to buy 3-2 beer �� in stores also. all on tape. � moving on to human resources, at 10:24., page 150 #602 point o6 word is in there twice. shoyld read, Applicant, or person, not neccessarily going to be a mn. 602, point on 7 aplicants full name is completely unneccessary. Age, and residence, rather thatn � what it reads. �� third line from bottom the � applicatns , rather tha�n his. more on ��¢� tape, ( I� got all m�ixed up with the changes, but I think that $��/ Dorothy got them) human development held over until next week due to unprepared minutes� on it. Mrs. Shea, I move to carry it over� 2nd'd by Mrs. Wahlberg. Any discussion:? -No. Motion carried unanimously, Ne�t item: �¢�� petition. Mr. Langenfeld, I would like to just men- tion 1 thin, Mr. Aarris, I can't make the motion, Mr. Langenfeld, take care of it now, Mr. Harris, Jerry what do you have yf¢ here? Petition , Mr. Harris, I have got a couple of questions. Mr. Boardman, 83rd and ? have been approved by the railroad. Mr. Langenfled I move that we receive tyf#f. this. �,l/ytyf�(�gTpl�(pf Mr. Bergman seconded it. All the pertinent documents.�(�`¢/�jf¢�`/,+�i�/�,�/ is there any discussion? no. all in favor. motion carried to recieve the petition.Mr. Langenfeld, request about preserving 1 oak tree. /pt�.`�g/ Mr. Langenfeld, }� "is that private or puUlid property?" /jb�!/,(�6�d,i� It looks like it is in the right of way. page X� 12 Mr. Lanqenfled, �K¢�¢ Mr. Chairman, In answer to some of the questions I do feel that the?, would we take a motion to send this to the environmental commission and to Mr. Langenfled moved. Bergman seconded it. All in favor. Motion �� carri�di This will qo to commutnity develop- ment and environmental commissions. Mr. Bergman, I am sure Mr. Chairman that we'll have to go look at that oak tree. Mr. Harris, is there any other business to come before the planning commission? Mr. �¢�pi�I Bergman moves to close the meeting, seconded by Langenfeld. All in favor. Motion carried. Meeting adjourned at 10:50 p.m. Debbie Determan ,``` ` �� J �' � }. \\� w` \` . , �� ['.. C � � O rtl N � � \ e .` , i ..� � -�4.. \ � \ \ �� .� \ \�\ \ ` �\ �.� — \_� _____ J� �.:... � ti. i - `'S ?w baZ �, �� Y�ii� . �f �#. V : �'l� ��r ; ,. -., .. . .. 'r:_ . . . ._ _. . OWNf.P: CITY oF FRiD�fV . (Po�� er[o% --f�ie Eos{ /nt o/' f�ie k/esi zoo is�f of' Lo� z3 Aod. 5�6. No. 22 _ `, - -NO'ar o4 E 3f7.T6_ �-fhe East ox o� ,cor t� yud Suo. �� j' I I ' 3 7 '"Il :` .. .- . ..., -,-. ` � �f1C' C'.?�'-. � . :-� r . ,.. I i1 ' i_�_ _ • __ .,I =`' �TY� . i � `�� . . ;t t � � I � �a I �i '. : 'I i ; ._. J` �' r �,. � /, - , , • i p� , i.::: � ; " C ; :. I � � —_ = -` � –' - 1 % BL •'�'P_ �'� � ii � � � _ _ ' � . �f ` �i.. . . ., � � I � # !�J)l��.Y, �ill�-r� � //sa %%��, �%j,� � , CITY OF FRIDLEY PLANNING CQMMISSION MEETING MAY 5, 1976 PRGE 1 CALL TO ORDER: Chairman Harris called the meeting to order at 7:42 P.M. ROLL CALL: Members Present: Harris, Shea, Bergman, Wahlberg, Langenfeld, and Peterson, who arrived at the meeting at 8:40 P.M. Members Absent: None Others Present: Jerrold Boardman, City Planner APPROVE PLANNIN6 COMMISSION MINUTES: APRIL 21, 1976 MoTZON by Langenfeld, seconded by Wahlberg, that the Planaing Con¢russion approve the minutes of the Apri1 21, Z976 meeting as written. Upon a voice vote, aZ1 voting aye, the motion carried unanimoasSy. RECEIVE ENVIRONMENTAL QUALITY COMMISSION MINUTES: APRIL 20, 1976 Mr. Langenfeld asked if anyone on the Planning Commission wanted clarification of the Environmental Quality Comnission minutes of the March 23, 1976 meeting. He said that the minutes as written didn't really represent what was said about the stand taken by some of the members of the Planning Commission on including East River Road in the Critical Area Corridor. Mrs. Wahlberg said that it sounded like she was ant9-East River Road, but she would discuss this with Mrs. Sporre personally. She was happy to see that the East River Road Project Committee was moving along in the right direction. Mr. Harris asked Mr. Langenfeld why they had tabled their recomnendation on Leigh Terrace? He said it was his understanding that this item would be fiandled as quickly as possible so this recommendation could go through the Planning Commission to the Council for the Public Hearing by them on May lOth. Mr. Langenfeld expTaiined that he had asked that his Commission look at this plat just because of their interest in development along East River Road. There was discussion by the members of the Planning Commission that due to the new structure of the Planning Comnission, they didn't think any of the member Commissions should make recarmiendations directly to the Council. Mr. Langenfeld brought to the attention of the Ptanning Commission a motion that was made on page 6 of these minutes. He said the motion was ; "....recommend to the Planning Comnission the adoption of Chapter 70 of the Uniform Building Code as a replacement for the present Chapter 212, known as the Minin+� Ordinance, and that any ps�oposed ordinance be brought back to the Environmental Quality Commission prior to being submitted to the City Council for its approval." Mr. Boardman said this would be on the next Planning Comnission agenda. � � Planninq Comnission Meeting May 5, 7976 Page 2 MOTI'ON by Langenfeld, seconded by Wahlberg, that the Planning Commission receive the minutes of the ApriL 20, 2976 meeting of the Environmental Quality Comrrussion. Upon a voice vote, aIl voting aye, the motion carried unanimously. Mr. Boardman said the next item on the agenda should have been to receive Parks & Recreation Comnission minutes, but they haven't been completed because the items or the agenda of the April 26th meeting were not completed, and they had another meeting on May 3rd to complete their agenda. He sai�d there were items discussed at these meetings that were going to be going to Council, so they should be discussed, but he thought they should wait until Bob Peterson, the Chairman of the Parks & Recreation Camnission arrived for this meeting. MOTION by Bergman, seconded by Shea, that the Planning CoTrmeission deZay their discussion on the items from the Parks s Recreation Cozmnission meetings of ApriZ 26th and May 3rd untiZ later on in the �eting. Upon a voice vote, a11 voting aye, the motion carrie8 unanimously. RECEIVE APPEALS COMMISSION MINUTES: APRIL 27, 1976 Mrs. Wahlberg clarified some discussion on a variance request for 1411 Kerry Circle. Mr. Mike 0'Bannon, who was in the audience for another item on the agenda, said that the statement he made in these minutes was correct, because he had gone out right after the Appeals Cortanission and measured it, and it was 37 feet from the curb to the garage, on the lot they had been discussing at that time. Mrs. Wahlberg explained what Mr. Uillella had decided on his request to construct a home on a 40' lot. Mr. Harris asked if the City Council had come up with any recarmendations on 40' lots. Mr. Boardman said that they had discussed this at their workshop meetingon April 26th, and basically agreed with the recommendations of the Planning Comnission. They said that each lot had to be considered on its own merits. MOTION bg Wah2berg, seconded bg Langenfeld, that the PZanninq Cormnission receive the minates of the ApriS 27, 1976 Appeals Comrtu:ssion meeting. Upon a voice vote, a1I voting aye, the motion carried unanimously. 1. PUBLIC HEARIN6: REZONING REQUEST, ZOA #76-02 BY ROBERT D. DEGARDNER: Rezone the South 150 feet, front and rear of Lot 9> and the West 47 feet of the South 120 feet of Lot 10, Auditor's Subdivision No. 88, from R-3A (apartment and multiple dwellings district), to CR-1 (general office arid limited businesses), the same being 6431 H�ghway #65 N.E. Mr. Robert DeGardner was present. MOTION by Wahlberg, seconded bg Bergman, that the PZanning Couanission open the Public Hearing on the rezaning request, ZOA #75-02, by Robert D. DeGardner. Upon a voice vote, a11 voting aye, Chairman Harris dec2ared the PubZic Hearing open at 8:05 P.M. Mr. Boardman said that this property was just North of the apartments on Highway #65, and South of the apartments was a ski shop, with a gas station on the corner. All the four corners at Mississippi and Highway #65 were residential. He said the property that Mr. DeGardner was making the rezoning request on had been zoned residential (R-1) until 1972, when in was rezoned to Planninq Coimnission Meeting - May 5, 1976 Page 3 R-3A, for apartments. He said tfiis request for CR-1 zoning, which was for general offices and limited businesses. which 9imited tfie occupancy of the proposed 6uilding to offices for real estate, lawyers, medfc�l,,�.dental, optical, clinics and apothecary shops, and harmless and inoffensive laboratories accessory to the permitted uses in the same building. Mr. Boardman said that he had some serious reservations about the approval of this request. He said that in the first place, it would be spot rezoning. The second concern he had was that this area still had a residential atmosphere, and rezoning this property would set a precedence for commercial development in this area. He said there had already been pressure put on people owning R-1 property on these four corners to sell their property for comnercial development, and if this rezoning was approved, that pressure would increase. Mr. Defardner said that he had been looking at this property for about two years. The reason he wanted to construct a building for offices at this time was because his lease was running out on the office he had leased in Blaine. He said that he had previously tried to rezone his residence in Fridley to comnercial, because fie had his real estate office in his home at that time. He said he could see why that rezoning request was turned down, but he felt this rezoning request was different, because this was a perfect site for a coimnercial building. He said he had outgrown the office facility in the home he had owned on East River Road, so he had 5old this home and now lived in Innsbruck. This site would be very convenient from his present home. He said that he preferred to have his office in Fridley, rather than Blaine. He said that this property was presently zoned for apartments, but you couldn't get financing for apartments at this time. He presented plans for the building he proposed to build on this lot, and said this building would enhance the area. He said he realized there were some other commercial areas in Fridley, but there was no commercial area available whe�e the building would blend in as well. He said he was constructing this same building on 103rd and University Avenue Extension, which was 30 days from completion. He invited the Planning Cortmission and the people from this area to go out and look at that building, so they could see what type of construction he was talking about. He said this building in Blaine was built on a flat piece of ground, and this 6uilding on the site in Fridley would be bui1t as a walk-out, so it would be even more attractive on this lot. He said the building would 6e 1��' x 40', two story, and would be all brick with a mansard roof. He said that 1� would be at about the same elevation as the apartments next to this site, and wouid be a walk-out in the rear, the same as the apartment buildings. He felt that this proposal would disrupt the neighborhood less than another apartment building, because tfie occupancy would be limited to a working day, rather than 24 hours a day that there would be in an apartment building. He said the fact that this building was a walk out in the rear would make it easy to meet the handicap requirements. He said this was the only building site in Fridley that would really set the building off. Mr. DeGardner said there would be a six foot cedar fence on three sides of the site. He said this would be what is known as a free standing building, that could be partitioned as the tenan�s rented space. He said his own company would be using about 1/4 of the building which would have 4,000 square fieet on each floor, a total of 8,000 square feet. He said there was a great need in Fridley for a building for professional people. He had inquiries all the time from people looking for commercial office space. Mr. DeGardner said that he had built many quality homes in Fridley, and Planning Comnission Meetina - May 5, 1976 Page 4 this commercial building would be the same calibre. Mr. Harris said that he knew that Mr. DeGardner had built some nice homes in his area. Mr. Arnold Elmquist, 8140 Long Lake Road, said that he owned the three apartment buildings South of the site in question. He said that he had always been in favor of this site staying residential, but he was inpressed with the building that Mr. DeGardner was proposing. He said he would rather see another apartment building on this site however. Mr. DeGardner said that if this property remained zoned R-3A, it would probably sit vacant for another ten years, because there just wasn't financing available for apartment buildings. He said this site was only large enough for an eleven unit apartment, and the numbers just wouldn't work out, as far as for investment purposes. He said that if this property was developed as commercial, you can get higher rent for commercial offices, so the numbers would work out. Mr. Elmquist said that he would rather see a variance granted to allow a 14 unit apartment on this site, than to see it be rezoned to commercial. He said he felt the rent structures would be changing in the near future, so the financing picture would change too. Mr. Harris asked if this lot and proposed building met all the requirements of CR-1 zoning? Mr. DeGardner said there was an 150 foot frontage on this lot and his building would be 100' x 40'. He said the side yards would be 15' and 35' on the side of the building next ta the apartments. He said there abuld 6e a 20' driveway on the 35' side. There would be 28 parking stalls. Mr. Boardman said this proposal meets all the zoning requirements. Mrs. Wahlberg asked about the access to this site and if it would have direct access to Highway #65 or would they have to use the service drive down at the corner of 63rd. Mr. De6ardner said they would be using the service drive. Mrs. Wahiberg said she was concerned about people traveling North of Highway #65 at 55 miles per hour and looking for this building. She wondered if it would need a right turn lane? Mrs> Eugene Lane, 1132 Mississippi, said they had been approached many times about selling their property, so that they could rezone it to another use. She asked Mr. Boardman if he had any idea what use their property would be put to, if they sold it. Mr. Boardman said it would be hard to say, because that would be up to the person petitioning for rezoning. This was one of the concerns he had, that if this rezoning was approved, more pressure would be put on the present owners of R-1 property to sell their property so it could be rezoned to another use. Mr. Langenfeld said that he thought tfie residents in the area should be aware that sometimes a multiple dwelling could be more unpleasant in a residential area than this type of an office building. He stressed what kind of occupancy would be allowed in this building if it was zoned coimnercial. Mr. Russell Burris, 115o Mississippi Street N.E., said that he had lived in this area for 25 years, and if caianercial development was coming into this area, he would sell his home, because he wanted the area to stay residential. He said that years ago he had been a member of the Board of Appeals, and they would never have allowed a comnercial venture in a residential neighborhood. He said he was glad to see that the Planning Commission was concerned about the traffic generated by this proposal. Planning Cortmission Meetin9 - May 5, 1976 Page 5 Mr. Peterson arrived at the Planning Commission meeting at 8:40 P.M. Mrs. Shea said that if the people who wanted to visit this building had to take the service drive, she thought this would eliminate some of the traffic problems. Mrs. Wahlberg said she felt it could be a situation like had 6een created with Wickes and Plywood. People would be traveling 55 miles arc,_.hour on HighwaEy #65, drive past this building, and then create a traffic haiard when they tried to find the entrance to the building. Mr. De6ardner said that a sign could be placed at the entrance of the service drive, and he felt that this would eliminate a lot of the traffic problem. Mrs. Wahlberg said that if this building wasn't on such a heavy traveled highway, she wouldn't be as concerned about the traffic situation. Mr. Harris asked Mr. Boardman how this area was treated in the Comprehensive Plan. Mr. Boardman said it was recomnended that this area remain residential. Mr. Bergman said that it was his concern that if this rezoning request was approved, we would be getting into a situation that couldn't be stopped, and the area might completely change. He said this spot rezoning could have far-reaching effects. He questioned if the proposed building could be tied into this rezoning request. Mr. Harris said it could 6e, if it was so stipulated. Mrs. R. L. Anderson, 6428 Dellwood Drive, said she had no objection to this proposed building, or its use, but she would be opposed to mor,e of the area being rezoned from R-1. Mrs. Wahlberg said that she thought this was a very attractive building and that it should be built in Fridley because it was something our comnunity needs, but she felt that she could not approve of the rezoning of this particular site, mostly because of the concerns she had with the traffic situation. Mr. Langenfeld said that he had to agree with Mr. DeGardner that this proposed building would probably enhance the area, but it was still spot rezoning, which was against City policy. Mr. Peterson said he did not wish to make any comnent on this proposal. Mrs. Shea said that her primary concern was the additional pressures that would be put on the adjoining property owners to sell their property for rezoning. Mr. Bergman said that he agreed with the comments that had been made, but he was very impressed with Mr. DeGardner's proposed building, and with his presentation. Mr. Harris said he also agreed with all the comments. He said that he would like to see this �uilding constructed in Fridley, and he would like Mr,. DeGardner to be able to work in Fridley. He said that he had done an admirable job in making his presentation, and he could understand that Mr. DeGardner felt this was an ideal location for this commercial building, but he felt it wasn't in the best interests of the community to approve rezoning this property from the present R-3A zoning. MOTION by Bergrra3n, seconded by Wahlberg, that the Planning Commission close the Public Hearing on rezoning request, ZOA #76-02, by Robert DeGardner. Planninq Comnission Meeting - May 5, 1976 Page 6 Upon a voice vote, a11 vottng age, Chairman Ha�ris declared the Public Hearing cZosed atr 9:05 P.M. M17TION by Bergman, seconded by Langenfeld, that the Planning Commission recommend to Counci2 denial of the request for rezoning, ZOA li76-02, by Robert D. DeGardner, to rezone the South I50 feet, front and rear, of Lot 9, and the West 47 feet of the South 120 feet of Lot Z0, Avd�tor"s Sabdivision No. 88, from R-3A (apartment and mu2tip2e dweZZings district) to CR-I (general office.and Iimited businesses), the same being 6431 Highway #65 N.E. for the fol2owing reasons: 1. This wouZd be spot rezoning. 2. Sf this rezoning request was approved, additional pressare would be put on adjoining propez'ty owners to rezone their property, and change the residential character of the area. 3. The additional traffic problems created with coffinerciaZ use in this area. 4. This pmposal contrazy to ovr approved Comprehensive Plan, and would not be in the best interests of the colrmrunity. 5. Because of the objections of the adjoining property owners. Upon a voice vote, Shea, Bergman, Harris, Wah2berg, Langenfeld voting aye, Peterson nag, the motion carried. Mrs� Wahlberg told Mr. DeGardner that she hoped he could find another site in Fridley to construct this building, 6ecause it would be an asset to the comnunity and the type of building that Fridley has a need for. Mr. De6ardner said he thought that he had found the perfect site for this building. Mr. Langenfeld said that he felt this was a good proposal also, but the Planning Commission had to consider the City as a whole unit, and there could be major problems with the rezoning of this property. Chairman Harris asked the secretary to make sure that Mr. DeGardner got a copy of these minutes. 2. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT, P:.S. #76-04, HEATHER HILLS THIRD ADDITION, BV MIKE E. 0'BANNON: Being a rep1at of Lat 23, Auditor's Subdivison No. 22, that was not already platted as Heather Hills 2nd Addition, generally located South of Neather Hills Second Addition and West of Rice Creek Estates Second Addition. Mr. Mike 0'Bannon was present. MOTION bg Bergman, seconded by Wahlberg, that the P2anning Corrmussion upen the Public Hearing on a preZiminary plat, Heather Hi2IS Third Addition, by Mike S. O'Bannon. Upon a voice vote, aIZ voting age, Chairman Harris declared the Public Hearing open at 9:16 P.M. hM. 0'Bannon said that �11 the lots would exceed the 9,OOO,square foot requirement for residential lots. He said the lots were eompara'bl�o the lots in the other Heather Hi1Ts addition. There was a 50 ft. right of way for the streets, and the streets wouTd be 36' from curb to curb. He said he had been working closely with the Engineering Department on this plat, and everything was as it should be. Planning Comnission Meeting - May 5, 1976 Page 7 The Planning Comnission hadn't seen the plat before the meeting, so they all checked their half section maps to determine the exact location of the plat. Chairman Harris asked if there was anyone in the audience who wished to speak on this plat. There was no response. MOTION by Langenfeld, seconded by Bergman, that the Planning Coumvssion close the Public Hearing on a pre2imi.nary plat, Reather HiI1s Third Addition, by Mike E. O'Bannon. Upon a voice vote, alI voting aye, Chairman Harris declared the Public Hearing closed at 9:26 P.M. MOTION by Bergman, seconde� by Peterson, that the P2anning Commission reco�renend to Covncil approva2 of a pre2iminarg plat, Heather Hills Third Addition, by Mike E. O'Bannon, being a repZat of Lot 23, Auditor's Subdivision No. 22, that was not already pZatted as Heather HiIZs Second Addition, generaZly located South of Heafher HilIs Second Addition and West of Rice Creek Estates Second Addition. Upon a voice vote, a11 voting aye, the motion carried unanimouslg. Chairman Harris declared a recess at 9:30 P.M. and reconvened the Planning Cortmission meeting at 9:50 P.M. REYIEW OF PARKS & RECREATION COMMISSION MEETINGS OF APRIL 26FH ANQ MAY 3RD, 1.976 Mr. Peterson said the reason that the Planning Cortrnission hadn't received the minutes fran the April 26th meeting was because the Parks & Recreation Cortmission had been requested at 9:30 to cane to the Council workshop meeting, so our agenda wasn't completed until May 3, 197�. He said they had discussed with the Council recreation in the City of fridley, the direction they shouid take on a new Director for the Parks & Recreation Department, and a proposal by the Springbrook Nature Center Foundation. Mr. Boardman said he didn't know if the Planning Comnission wanted to get too involved with the nature center, but the Parks & Recreation Commission did make a recommendation on the teen center. Mr. Peterson said the Parks & Recreation Ca�m�ission voted not to concur with the recomnendation from the Human Resources Comnission, for several reasons. One of the reaso�s was that while the young people felt that this proposal should be under the Parks & Recreation, but they didn't recomnend that anyone from the Parks & Recreation Commission should be on the Board of Governor's, although that wasn't the reason that they didn't concur with the original proposal. He said the Park & Recreation Department did not have the personnel or budget to handle this proposal. There were several Comnissioner's who felt this would be duplieation of services and there could be potential or duplication of services in the "Y" moves out to this area. They asked ��e young group to get in touch with the Northeast Y and find out the status of their program and see if a workable solution could be made with their facility and their intended use. Another reason for their decisio� was that the Park & Recreation Comnission did not feel that the room that was being asked for could be vacated or that the library room should be used for that purpose. Those were the reasons we voted not to accept the recommendation of the Numan Resources Comnission. Mr. Boardman said that another item that had been before the Parks & Recreation Commission was on tax forfeit property. Mr. Peterson said this Planning Commission Meeting - May:5,, 1976 Page 8 was a proposal to red tag some tax forfeit lots to park development so they weren`t put on the tax forfeiture sa7e. He said he couldn't give the Planning Comnission all the tocations at this time, but there were six or seven parcels of property. He said the Parks & Recreation Comnission voted to accept the Springbrook Nature Center as presented, with four more stipulations which were: 1. An additional 10% (Or $5,400) budgeted for contingency before approval of this plan is given. 2. $2,OD0 for maintenance costs that may be reimbursed by the Foundation back to the City, be escrowed before our construction. 3. The City should protect itself, under provisions of accepting this or any other plan, from the City having to operate this at the City's expense on a continuing basis. 4. That the Parks & Recreation Director's time under no circumstances be allocated to Springbrook Nature Center. Mr. Peterson said there was also a proposal for a sign, which he noticed was approved at the Council meeting on May 3rd. He said he didn't agree that the City could put up any type sign they pleased because there was nothing in the sign ordinance about government signs, but he was outvoted. He said he didn't know if this was a conforming sign or not. Mr. Boardman said that all it says in the sign ordinance was that any sign that the City might want to have had to be approved by the City Council. Mr. Peterson said that it was his interpretation that because the land in North Park still belonged to the City, this was the reason the development plans had to be reviewed by the Parks & Recreation Comnission so that any development wouldn't be at cross-purposes with aRy p1aRS this Cortanission or the Planning Comnission and Council might have. Mr. Harris said that he felt that action from these meetings should be delayed until the Planning Comnission had the actual minutes, because if seemed like this Commission had covered a lot of material at these meetings. He said he was particularly interested in the red tagging of tax forfeiture lots. Mr. Boardman said he would have the maps for the next meeting. Mr. Peterson asked if there were any ather questions, because he did 6eve to leave the meefing. Mr. Harris said he was excused, and Mr. Peterson left the meeting at 10:05 P.M. 3. REVIEW 3.2 BEER LICENSE REQUIREMENTS Mr. Boardman said the City Council had asked the Planning Comnission to review the 3.2 beer license requirements because they thought the requirements were quite weak. He sa9d this ordinance had been reviewed by most of the member Comnission's and there recomnendations were in the agenda. There was discussion on all the commission's recortmendations, but Mr. Berg�nan felt that the four recomnendations by the Comnunity Development Coimnission encompassed all of them. Mrs. Wahtberg questioned the feasibility of putting this under a special use permit requirement, but it seemed to be the consensus of opinion that this would give the City more control along with the annual renewal of a beer license. The four recorrefiendations from the Comnunity Development Comnission were: Restrict the 6eer tavern licensing to C-2-or C-2S districts. 2. Require a special use permit for additional control. 3. The definition or a tavern include any beer sale operation intending to operate over any 6 day consecutive period or more than 6 days during any 6 month peniod. and, 4. Temporary beer sale operation can be allowed only with Council approval. Mrs. Shea pointed out to Mr. Boardman how the sexual bias ed language could Planning Commission Meeting - May 5, 1976 Page 9 be taken out of this ordinance. Mr. Harris asked Mr. Boardman to rewrite tha 3.2. beer ordinance requirements into a proposed ordinance change using the recomnendations made at this meeting. so the Planning Comnission could review this at their next meeting. 4. RECOMMENDATIONS ON HUMAN DEVELOPMENT GOALS AND OBJECTIVES Mr. Boardman said these were the same recomnendations the Planning Comnission had looked at their last meeting. MOTION bg Shea, seconded by Wahlberg, that the Planning Co�ission table their reco�mendation on Hvman Deve2opment Goals and Objectives vnti2 they have more inforroation. Upon a voice vote, aZZ voting aye, the motion carried unanimously. �S. RE-EVALUATION OF STREET LAYOUT NEAR NORTH PARK (PETITION 8-1976) MOTION bg Langenfeld, seconded by Bergman, that the P3,anning Coimnission receive Petition 8-1976, which was a request for street cZarification on Ironton Street and Ashton Avenue in the vicinity of 83rd Street. Upon a voice vote, a1Z voting aye, the motion carried unanimoas2y. Mr. Boar�mman said the City Council had sent this down to the Planning Comnission. MOTION by Langenfe2d, seconded by Bergman, that this petition (8-1976) be referred to the Environmenta2 Qua3ity Conmiission and the Co�nity Development Commission for review before the Planning Corr¢nission makes their recot�+endation. Upon a voice vote, a11 voting aye, the motion carried unanimously. Mr. Harris asked Mr. Boardman to give the member Gommissions and the Planning Comnission any other pertinent information that would help them in making a recortmendaion on this petition. ADJOURNMENT: MOTION by Bergm3n, seconded by Langenfeld that the meeting be adjourned. Upon a voice vote, aII voting aye, Chaira+an Harris declared the PZanning Commission meeting of May 5, 2976 adjourned at 10:50 P.M. lly submitted, ity Planner